Victoria’s Updated Clause 52.37: What It Means for Tree Removal in Melbourne
A large gum near the rear fence drops limbs every winter. Before September 2025, many Melbourne owners could book its removal within days. Today, it may need a planning permit, and the rules changed again on 23 September 2026. Let’s see what the update means for tree removals and how the permits work for them.
Key Takeaways
Check these points before you book any tree service:
● Clause 52.37 came into effect on 15 September 2025. VC315 updated it on 23 September 2026.
● A canopy tree is at least 5 m tall with an average canopy diameter of at least 4 m.
● VC315 removed the trunk circumference test.
● Replacement canopy is now 10%, 15% or 20% of site area.
● On lots with a house, only boundary canopy trees need a permit.
● Council overlays and local laws still apply.
● Dead trees and immediate hazards are exempt.
● Clause 52.37-only applications use the 10-day VicSmart path.
Clause 52.37 sets one statewide permit rule for large trees on residential land. It now shapes most tree removal in Melbourne’s suburbs, alongside existing local council rules.
What is Clause 52.37 and why did the Victorian Government update canopy tree regulations in 2026?
Protecting canopy cover and cooling Victoria’s suburbs
Clause 52.37 appears in every Victorian planning scheme. It requires a permit to remove, destroy or lop a canopy tree in six zones:
● Mixed Use Zone
● Township Zone
● Residential Growth Zone
● General Residential Zone
● Neighbourhood Residential Zone
● Housing Choice and Transport Zone
The clause does not apply in the Low Density Residential Zone. It aims to keep existing canopy, keep residential areas cool, and balance tree retention with new housing. VC315 refined the clause to work alongside the updated residential codes in Clauses 54, 55 and 57.
What Amendment VC315 changed on 23 September 2026
Amendment VC289 introduced the clause on 15 September 2025. Amendment VC315 refined it a year later:
| Rule | VC289 (September 2025) | VC315 (September 2026) |
|---|---|---|
| Height | More than 5 m. | At least 5 m. |
| Trunk circumference | More than 0.5 m at 1.4 m above ground. | No longer part of the test. |
| Canopy | Canopy diameter of at least 4 m. | Average canopy diameter of at least 4 m. |
| Replacement target | Set number of trees for sites up to 1,000 m²; 20% canopy cover above 1,000 m². | Canopy cover percentage for all sites, with a new 15% tier for sites over 1,000 m² to 1,500 m². |
Note:
For sites over 1,500 m² with more than 20% canopy cover, the target is higher: 20% plus half the cover above 20%. A 2,000 m² site with 30% cover must keep 25%.
Applications lodged before 23 September 2026 stay under the earlier version.
Which tree height and canopy measurements trigger a council permit under Clause 52.37 in Melbourne?
The 5-metre height and 4-metre canopy test
A tree counts only if it is at least 5 m tall and has an average canopy diameter of at least 4 metres. To find the average canopy diameter, measure the widest points of the drip line (the outer edge of the foliage) in two directions at right angles, then average the two figures.
Example: A canopy 5 m wide one way and 3.5 m the other averages 4.25 m, so it qualifies.
Boundary canopy trees and the existing-home exemption
On a lot with an existing house, the permit applies only to boundary canopy trees. A boundary canopy tree has any part of its trunk within:
● 6 metres of the narrowest street frontage, or
● 4.5 metres of the rear boundary.
On vacant residential land, every canopy tree needs a permit. Other trees on a developed lot fall outside the clause, but overlays may still apply.
How does Clause 52.37 interact with council Vegetation Protection Overlays (VPOs) for tree removal in Melbourne’s eastern suburbs?
Local council overlays vs. statewide canopy provisions (Whitehorse, Knox, Monash)
Clause 52.37 does not override or limit overlays, so owners may need a permit under each. Eastern councils add their own controls:
| Council | Additional Tree Controls |
|---|---|
| Whitehorse | Significant Landscape Overlays, including SLO9. |
| Knox | VPO, SLO and ESO, plus Clause 52.17 on sites over 4,000 m². |
| Monash | VPO and SLO. |
| Glen Eira | Canopy Tree Protection Local Law. |
We can check any Whitehorse, Knox or Monash address before work starts.
Replacement planting and canopy cover targets
Clause 52.37-3 sets a site-wide canopy cover target, met with existing trees, new trees or both:
| Site Area | Canopy Cover Target |
|---|---|
| 1,000 m² or less | 10% of site area |
| More than 1,000 m² to 1,500 m² | 15% of site area |
| More than 1,500 m² | 20% of site area |
Each new canopy tree must be a species expected to reach at least 6 m tall with a 4 m canopy. At least one canopy tree, existing or new, should stand in the front setback.
Are storm-damaged, dangerous, or emergency trees exempt from permit rules under Clause 52.37 in Victoria?
Immediate hazard mitigation and 24/7 emergency tree removal
Yes, within limits. The exemptions table removes the permit requirement for a canopy tree that poses an immediate risk of injury or property damage. It covers only the part of the tree that creates that risk.
The table also exempts:
● Dead canopy trees
● Noxious and environmental weeds
● Maintenance pruning of up to one-third of the foliage
Maintenance pruning cannot cut the trunk or take the tree below 5 m tall or 4 m wide. For storm damage, AXE Tree runs a 24/7 emergency service.
Documenting tree structural failure for council compliance
Whitehorse applies the emergency exemption to the satisfaction of council, so keep a record:
● Dated before-and-after photos
● Notes on split limbs, cracks or lifted roots
● The contractor’s invoice and scope of works
A declining tree that poses no immediate danger still needs a permit.
How can property owners use the VicSmart process to fast-track tree removal services in Melbourne?
10-business-day decisions for Clause 52.37 applications
An application made only under Clause 52.37 is a VicSmart application. The State VicSmart guide compares the two paths:
| Pathway | Decision Timeframe | Public Notice |
|---|---|---|
| VicSmart | 10 business days | Not advertised |
| Regular permit | 60 calendar days | May be advertised |
Overlay permits qualify for VicSmart for one tree only. Whitehorse also requires no VicSmart tree approval in the past 12 months.
Council can assess a Clause 52.37 application only against the clause’s purpose and decision guidelines, not broader planning scheme policy.
Preparing accurate site plans and tree assessments
A complete application keeps the 10-day timeframe. Clause 52.37-6 asks for:
● A site plan or photos showing all canopy trees
● Species, height and canopy diameter of each affected tree
● Replacement tree details, soil conditions and irrigation
● The reason for removal or lopping
● An assessment by a suitably qualified person for health or stability claims
How do you book a tree assessment and compliant tree removal through AXE Tree Services?
$20M public liability cover and council permit support
AXE Tree carries $20 million public liability cover. Our team confirms whether a tree needs a permit and handles the paperwork for you. To start:
1. Book a free tree assessment.
2. Check an estimate with our tree removal cost calculator.
3. Get a detailed quote upfront.
Precision cutting, tree lopping in Melbourne and zero-mess clean-ups
Tree lopping in Melbourne beyond maintenance pruning now needs the same permit as removal. Our team follows Australian Standards for tree care, and AS 4373-2007 sets the national method for pruning amenity trees. Every tree removal, cutting and lopping job ends under our zero-mess policy. We mulch branches on site for garden use or remove all green waste. Call or request a quote to book tree removal services in Melbourne.
FAQ’S
You may. Clause 52.37 requires a permit to remove a canopy tree in the zones it lists, including the General and Neighbourhood Residential Zones. On a lot with a house, this applies only to trees within 6 metres of the front boundary or 4.5 metres of the rear boundary.
A tree needs a permit if it is at least 5 metres tall and has an average canopy diameter of at least 4 metres. Since 24 September 2026, trunk size no longer forms part of the test.
Yes. No permit is needed to remove the part of a tree that poses an immediate risk of injury or property damage. Dead trees are also exempt. Keep dated photos of the damage for council.
If Clause 52.37 is the only permit trigger, lodge a VicSmart application with your council. Include a site plan, tree details and the reason for removal. Council should decide within 10 business days.
Only if your remaining trees fall short of the canopy cover target. The target is 10%, 15% or 20% of the site area, depending on lot size. Each new tree must be a species that grows to at least 6 metres tall with a 4-metre canopy.
No. Clause 52.37 does not override or limit overlays, so both apply. You may need a permit under each control. Check your property’s overlays before starting any work.