FAQs

The draft Tree Retention Policy (LPP 2.26) aligns with the strategies and priories laid out in the City's Urban Forest Plan and sections of the Strategic Community Plan 2024-2034.

Trees and natural vegetation provide a range of social and environmental benefits including providing biodiversity, beautification, health benefits, reduced energy consumption, and reducing the urban heat island effect. A core objective of the City’s Urban Forest Plan is to work towards increasing the amount of tree cover up to 20% and encourage landowners to retain vegetation, including protecting trees on private property. According to the Plan, the current canopy coverage ranges from 7% in the northern part of the local government area to up to 15% in the south and west. While the City is planting on verges and open spaces, a substantial amount of land within the City is private property.

The policy emphasises City recognition of the increasing importance of retaining trees and ensures that retention and enhancement of the City’s tree canopy cover is considered at all stages of development. Large trees in urban environments are most likely to be removed during subdivision and demolition stages when land tends to be clear-felled to make way for new development. The primary purpose of LPP 2.26 is to retain mature canopy trees during the subdivision and demolition stages, as well as encourage proponents to consider design that responds to existing trees on site. Generally, where trees are located in setback areas or where relatively minor modifications to a development can be made to retain a tree, such trees should be retained.

 In summary, the objectives of the policy are to:

• Prioritise the retention, protection, and the provisions of trees on private land and adjacent reserves in the planning process.
• Promote and facilitate tree preservation at the earliest possible stage in the planning and development process, balancing with the desired built form and land use outcomes.
• Preserve and enhance neighbourhood amenity, character and sense of place.
• Mitigate the urban heat island effect, reduce air pollution, improve groundwater quality and contribute to biodiversity and other environmental benefits.

This is a Local Planning Policy prepared under Schedule 2 of the Planning and
Development (Local Planning Schemes) Regulations 2015. 

This policy may be cited as Local Planning Policy 2.26: Tree Retention (LPP 2.26).

Local planning policies (LPPs) are adopted by Council under the City's Local Planning Scheme No. 4. They can relate to a number of town planning matters within the City including procedures, land uses, and local area design guidelines. 

All adopted local planning policies and guidelines are provided below. For structure plans and local development plans, please see structure and local development plans.  For all other council policies please see council policies.

To see if a policy applies to the development of your property, please see the planning module in the City's online mapping.

The draft Tree Retention Policy (LPP 2.26) provides clarity on what is a regulated tree, sets out exemptions for requiring development approval for their removal, and sets out criteria to use when determining whether removal of a regulated tree should be supported. 

The policy defines a regulated tree as a living tree that:

a) is 8m or more in height; and / or 

b) has an average canopy diameter of at least 6m; and / or 

c) has a trunk circumference of at least 1.5m, measured 1.4m above the ground; and 

d) is of a species that is not included on State or local area weed register. 

LPP 2.26 requires a development application for damage or removal of a regulated tree by defining such actions as ‘works’ or ‘development’ that requires planning approval. Because damage and removal of a regulated tree are works and development in their own right, a development application would be required for tree removal even in cases where the corresponding development is otherwise exempt from planning approval, as in the case of a deemed-to-comply single house.

Exemptions 

The Tree Retention Policy (LPP 2.26) contains a number of exemptions from the requirement for development approval, notably for maintenance pruning. Maintenance pruning is defined as pruning that: 

a) involves removing dead or diseased wood only; or 

b) is of a fruit tree and done for fruit production; or 

c) is otherwise minor maintenance or thinning of the crown that does not adversely affect the health, stability or general appearance of the tree or is to balance the tree. 

Criteria

The Policy includes a set of criteria for decision-makers to consider in determining whether to support the removal of a tree. The considerations include, among other things: 

• the health, maturity and location of the tree; 
• ecological, biodiversity and environmental values of the tree; 
• the contribution of the tree to the streetscape; 
• the location of the tree on the site; 
• safety risks; and 
• recommendations of an arborist’s report. 

Should a tree be approved for removal, a provision in the Policy requires it be replaced at a rate of 2:1 with new trees that are capable of reaching a minimum 8m height.

Pruning a neighbouring tree branch or root back to the shared property boundary could occur without seeking approval, provided the branch is dead, or the pruning is done to balance the tree or thin the crown in a way that does not harm the overall health of the tree. In some cases, you may wish to seek the advice of a qualified arborist. It is also recommended that you consult with your neighbour first.

General maintenance pruning of a regulated tree does not require approval and is defined as:

"Pruning that:

a) involves removing dead or diseased wood only; or

b) is of a fruit tree and done for fruit production; or

c)  is otherwise minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree, or is to balance the tree."

Like any development compliance, the City will rely on residents to report unauthorised tree removal as well as reviewing historical aerials and documentation including site surveys when assessing a development application or subdivision referral.

Should the policy be approved by Council, the City will also seek to contact developers, planning consultants, demolition companies and site surveyors that commonly work with the City to advise them of the existence of the new policy and the new requirements.

The policy applies to all lots coded R30 and below, as well as Development Areas. As part of this consultation, the City is also collecting comments on whether the policy should be expanded to Industrial zoned land.

The policy does not prohibit tree removal. It applies to regulated trees, and simply requires that development (planning) approval be granted by the City before a regulated tree can be removed (unless otherwise exempt from requiring approval as noted above).

Tree removal applications would be submitted as development (planning) applications. Development application fees are in accordance with the City of Fremantle fees and charges. If no other development is proposed, and the application is only for tree damaging activity, the development application fee is $147.

An applicant has the right to appeal to the State Administrative Tribunal against a decision made, or a condition attached to an approval, by the City of Fremantle. Such an appeal must be lodged within 28 days of the decision being made.

Following the advertising period, the policy will be presented back to Council to consider any submissions received and to proceed with the policy, with or without modification, or not to proceed with the policy. If Council proceeds, the Policy will then be published on the City's website and become operational.

The policy defines tree damaging activity of a regulated tree to be works requiring development approval. As the policy is not altering any part of the Residential Design Codes, nor is it prohibited under the Matters to be Considered of the Deemed Provisions within the Planning and Development (Local Planning Schemes) Regulations 2015, no further approval from the Western Australian Planning Commission or the Minister is required.