Public trees and the builder’s plan
The City of Melbourne requires a tree protection management plan wherever demolition or construction encroaches on a tree protection zone, as described in the Australian Standard its fact sheet names (AS 4970-2009, Protection of trees on development sites), or could otherwise affect the viability of a council tree. Its list of activities that can trigger one includes demolition, installing a hoarding or gantry, loading zones and crane lifting, and placing skips, site sheds and concrete pumps.
The fact sheet then sets out what the plan must contain. Among the items:
- a clear photograph of each tree, and photographs of any damage already visible, supplied as a preliminary dilapidation report;
- a statement that all roots on council-managed land greater than 30 mm in diameter will be kept (pruning any root over 30 mm needs a council arborist’s approval);
- for gantries and scaffolds, a minimum clearance of 500 mm from the trunk and branches;
- inspections at least every two months, with a checklist signed by the project arborist and the project manager or foreman;
- notice to the council’s Urban Forest and Ecology team within 24 hours of any breach of the plan or damage to a tree.
The council holds a bank guarantee against the plan, and before it releases the builder’s security it must be satisfied that the trees have been inspected and found unaffected by the works.
In Sydney, the same concern shows up in the council’s permits. A works zone has to be designed around street trees without pruning major branches, and only minor pruning will be approved. Some hoardings, mainly Type-B, carry a performance bond that covers damage to public property including street trees.
Two councils, side by side
| Question | City of Sydney | City of Melbourne |
|---|---|---|
| Trees on private land | All trees of a certain size are protected in its local area. | The council has no authority over trees on private property unless they are on its Exceptional Tree Register and protected through the planning scheme. |
| A neighbour’s branches over your boundary | Pruning them needs the council’s permission. The neighbour is notified and has 14 days to comment, and the permit does not let anyone enter the neighbour’s property. | The council recommends that owners seek advice from a qualified arborist for tree works on private property. |
| Removing a neighbour’s tree | The council will not accept an application to remove a neighbour’s tree and cannot grant permission without the neighbour’s consent. | Not covered on the council’s tree protection page. |
| A dispute between neighbours | The council says that under NSW law it cannot order a resident to prune or remove a tree affecting a neighbour. After a reasonable attempt to resolve it, an owner can apply to the Land and Environment Court under the Trees (Disputes Between Neighbours) Act 2006. | Not covered on the council’s tree protection page. |
| A worry about a public tree | Report it to the council online, with up to 5 photos. | The developers’ fact sheet gives the council’s number, 03 9658 9658, and its trees email address. |
Where a tree on a demolition site is on private land, whether it can be removed or pruned depends on the council and on the approval for the work. Your council’s own tree pages, and the approval itself, are where to check.