Why Prune Your Trees?

Tree removal and pruning practices are heavily regulated in the Nillumbik Council and for that reason all residents should familiarise themselves with the local laws before thinking about cutting down or trimming their private trees. However, these practices remain an important part of preserving the health and sustainability of the local ecosystem. 

 

Healthy trees, those which have been regularly assessed and maintained by a qualified Arborist, are hugely beneficial to the environment and the community. Large, mature trees that are healthy and well-shaped can bring value to a region; improving property value and decreasing air conditioning costs for those beneath its shade. These trees filter our air, remove unhealthy gases from the air and provide us with a fresh supply of oxygen. Healthy trees have been linked to improvements in mental health and general wellbeing. 

Why Remove Trees?

While the benefits of pruning and maintaining trees are numerous, the need to remove trees can be just as important. Trees that have deteriorated, whether it be through age, sickness or neglect, can become hazardous to their surroundings. Large trees that have been left without proper trimming, shaping and lopping, can grow unevenly. As these huge structures become imbalanced through this uneven growth, extra pressure is placed on their roots.  The introduction of external factors can become a catalyst for total collapse. This catalyst often comes in the form of storms. As the preceding rain loosens the soil around the base of the tree, the structural integrity becomes compromised, creating the conditions for a strong wind to bring the whole tree down. 

 

The work of an Arborist, also known as a Tree Surgeon, is to ensure the safety of the community through the proactive assessment and sustainable maintenance of its urban forest. It is the responsibility of homeowners and residents to understand the local tree protection laws, to acquire any required permits and to enlist the help of a Tree Surgeon to assess, prune or remove their private trees. Despite the importance of this responsibility, it can be very difficult and time consuming to figure out the local laws and determine which are applicable to you. That’s why we’ve created this guide to help you. Below you will find a summary of all the important regulations and tree protection controls in Nillumbik and information on the requirements for each. For clarification on any of these laws, or to confirm which restrictions are relevant to your property, contact the Nillumbik Council directly.  

Tree Pruning & Removal Regulations

The Nillumbik Council has structured their tree protection controls around the regulations provided by the local Planning Scheme. Permit holders must abide by all tree controls that are outlined in the conditions of their permits. 

Tree Protection Zones

Many of these planning and development permits specify the need for tree protection fencing around a designated Tree Protection Zone (TPZ). The size of the TPZ is detailed in the permit requirements and is intended to prevent any construction or work that could damage the tree roots, which can grow up to 12 times the length of the branches. 

Within the TPZ you are prohibited from:

• Constructing any structures or permanent features
• Storing equipment, fuel, building waste or rubble
• Disturbing the soil
• Excavation
• Attaching anything to the tree

The Planning Scheme

The Victorian Environment, Land, Water and Planning website provides an interactive map of the Nillumbik Planning Scheme that can reveal which regulations and laws are applicable to your property. Any of the ordinances within the Planning Scheme can specify tree protection requirements in that zone, however the areas with the strongest protections are:

 

• Environmental Significance Overlay (ESO)
  • This overlay requires a permit for any removal or lopping of vegetation, dead or alive. 
• Significant Landscape Overlay (SLO)
  • Within this overlay it is prohibited to remove or lop any vegetation without a permit.
• Heritage Overlay (HO)
  • This overlay requires a permit to remove or lop any trees specified in the  Schedule to the Heritage Overlay.
• Native Vegetation Precinct Plan (NVPP)
  • In this area you need a permit for the removal or lopping of native vegetation, dead or alive. 

Pruning vs Lopping

The difference between pruning and lopping can be vague within these regulations. In general, lopping is considered to be the complete removal of large limbs, while pruning is restricted to the trimming of foliage and shaping of the canopy. The line from pruning to lopping can be crossed when a significant amount of the tree (often measured as ⅓ of the canopy) is removed. While pruning and shaping is commonly allowed without a permit, you should speak with the Council or an Arborist to confirm the permissibility of the activity before you commence. 

Exemptions

Each of these tree protection zones provide various exemptions for emergency scenarios and to enable fire protection activity. Before you begin an application for a permit, it is recommended that you speak with the Council directly to confirm whether any of these exemptions may apply to you. 

Permits

The Nillumbik Council offer different types of permits depending on the extent of work you wish to carry out.

 

Fast-track applications are available for the removal of two or less trees, or the pruning of an unlimited number of trees, when no development is planned. This permit application process is faster and does not require the inclusion of an independent Arborist’s report. Details of this permit, and an accessible version of the application form, can be found here. 

 

Planning Permits are used for tree pruning or removal work that includes more than two trees, or involves the development or subdivision of land. In addition to the completed form, fees and additional documentation, these applications require an Arborist’s report. 

Arborist Insights

Beware Unlicensed & Uninsured Tree Services

Our local Tree Specialists have noticed a rise in unlicensed and uninsured services working in the Tree Industry. The people operating in these unregulated ways are commonly referred to as ‘cowboys’. The best option for your trees and your home is to always choose a service with full OH&S policies and insurance coverage.

 

“There’s a lot of people going around in unnamed trucks doing questionable work. Like climbing a tree with spurs, working dangerously around power lines and dumping mulch in illegal spots.” 

 

It is important to be cautious of these services as they are often unqualified, do not meet safety requirements and can engage in dangerous activity around your home. This sort of illegal behaviour is not just risky for the workers, it can result in penalties for you. People look to these services to fast-track the removal of trees without the proper permits. However, harsh financial penalties can be given to both the person responsible for the removal of the tree, as well as the resident or homeowner. 

 

“The other thing is lowballing to get the job. They undercut our quotes by cutting costs around safety measures and insurance. I think it’s dragging down the tree industry as a whole, but that’s something that you can’t really avoid.”

 

Quotes for tree services include the cost of equipment, safety crews, insurance and qualified personnel. You should be wary of any service offering heavily discounted rates as you may end up paying for the corners that have been cut. 

 

“Some people ask for these cowboys to come in and do their trees. We tend to steer away from that because we don’t want to have to deal with the backlash. As an Arborist, that’s not how we’re taught to do it.”

Cutting to the Chase

Trimming, pruning, shaping and lopping can all help to preserve the health of a tree. Depending on the extent of the work you do, a permit may be required. Minor trimming and pruning with the intention of maintenance and shaping is often permissible without a permit. Significant removal of branches or canopy, through lopping, generally requires a permit from the Council. Cutting down and extracting a private tree almost always requires a permit and consent from the Council. There are exceptions to this, such as emergency situations and for the purposes of fire protection. To confirm the type of permit you need and the regulations that apply to you, contact the Council. To enlist a qualified Arborist and crew to help with your private Trees, contact Jim’s today. 

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Tree Pruning & Removal Guidelines for the Whittlesea Council

Trees that are well maintained, through pruning, shaping and tactical lopping, provide a broad range of benefits for the community. Healthy trees look good, contribute to the leafy green character of a region, increase property value and even improve mental health and wellbeing, according to research. Trees that have been well cared for also return the favour through their environmental effects. Trees help to filter the air we breathe, reducing harmful gasses in the air and pumping out fresh oxygen. They also provide much needed shade, which is not only great for a picnic, but helps to reduce the effects of ‘urban heat islands’, which trap heat in highly developed areas. 

 

The work of an Arborist is not limited to maintenance, they help to preserve an ecosystem through the sustainable extraction of trees and the planting of new saplings. Trees that are too close to homes or developments can cause innumerable problems for property owners, both on the surface and underground. Overhanging branches are an acute concern for residents, as the shedding of their leaves and vegetation can damage tiles and block drains, while the potential for them to snap and fall onto a roof or person is a legitimate fear. These issues can all be mitigated through regular trimming, shaping and care from a qualified tree surgeon. Root systems, however, can be a much trickier problem to solve. As root systems expand away from the base of the tree, up to twelve times the distance of the tree limbs, they can cause havoc for any pipes, walls or pavement in their path. Cracks in pavement is often just the start of further issues to come. As these systems entangle themselves in a building’s plumbing, they can block pipes and cause leaks. To prevent these sorts of headaches, it is important that you factor trees and their roots into any development or renovation plans. 

 

The City of Whittlesea, located just 20km north of Melbourne’s Central Business District, is a vast and unique municipality covering almost 500 square kilometres. Approximately 70% of Whittlesea is categorised as rural area, making its tree population particularly robust and fundamental to the character and prosperity of the community. Our Arborists, commonly known as Tree Loppers, are an essential part in preserving and growing this population of trees. Maintaining or removing private trees in Whittlesea is the responsibility of residents and homeowners. This responsibility is heavily regulated by laws within the local Planning Scheme. Despite this, it is in the best interests of both residents and the wider community that everyone uphold this responsibility by enlisting the help of qualified and fully insured Arborists. 

Tree Pruning & Removal Regulations

While the Whittlesea Council support the proper care and treatment of private trees by qualified Arborists, they use restrictions within the local Planning Scheme to ensure that all work is carried out in a way best suited to preserving the character and environment of the region. It is therefore important that all residents are aware of these restrictions so that they can keep their trees healthy and safe without risk of violating any laws and incurring steep financial penalties. This guide will outline the key regulations and tree protections that are afforded by the Planning Scheme. It is highly recommended that you contact the Council directly for clarification and confirmation of the laws applicable to your property. 

 

The first step to navigating the laws on pruning and removing private trees throughout Whittlesea is to determine which restrictions are relevant to your property. This can be done either by contacting the Council, or by checking the interactive map supplied by the Victorian Environment, Land, Water and Planning website. From here you will be able to see which ‘overlays’ cover your property. The overlays are zones with specific restrictions on the type of work you can undertake and the permissions you need to carry out that work. 

The overlays that assign the strictest tree control measures are: 

• Significant Landscape Overlay (SLO)
• Environmental Significance Overlay (ESO)
• Heritage Overlay (HO)
• Native Vegetation Precinct Plan (NVPP) 

Permits

Trees within these zones, particularly native trees, are heavily protected and will require a permit from the Council in order to carry out any removal or significant alteration through heavy pruning of lopping. 

Planning permits can be applied for through the Council website. It is recommended that you speak with the Council before lodging this application, as the application fees can be expensive and a permit is not always required for minor treework – even within the overlays. 

Exemptions

There are exemptions which allow residents to carry out work within the overlay zones without applying for a permit. The Council provides two examples of these exemptions. You do not need a permit to remove:

• vegetation around your rural property for protection from bushfire
• previously planted (rather than native) vegetation

Other exemptions are outlined in the bylaws of the Planning Scheme, including cases where there is imminent danger posed by a hazardous tree. For clarification on individual cases and exemptions, contact the council directly. 

Culturally Significant Trees

Trees that are considered important to the landscape, the culture or the history of the region are given extra protections under the Whittlesea Planning Scheme. This includes both native and non-native vegetation. The River Red Gum is one such example, is considered to be of high heritage value. Any plans to alter or remove a River Red Gum must be submitted to the Council for approval.

Arborist Insights

Our dedicated tree surgeons took some time out of their day to give us some insight into the work they do for the local community. One of our Arborists, who has owned and operated a Jim’s Trees franchise since 2013, is very familiar with all aspects of the business.

 

“My role is quoting jobs, climbing trees, removing trees, removing stumps, trimming – the whole lot,” he said. 

 

However, when we asked our tree expert about the greatest challenges that he has faced when removing a tree, well he was a little stumped. 

 

“Oh yeah there’s been lots of big trees, but nothing that’s too difficult … You know, if it requires a crane to remove then it requires a crane. A tree can always be removed, any tree can be removed. There’s always a safe way to do it, and if you can’t climb it, you use a machine, or a crane, or a boom lift.”

 

One of our other Tree Surgeons, who has operated his Jim’s Trees Franchise in and around the Whittlesea region since 2015, says that the biggest challenge they face is a lack of public knowledge of tree regulations.

 

“I think a big issue that we have is that people think they own the trees on their properties; they think it’s my tree I have the right to remove it – which is a hard thing to get past.”

 

In terms of the work they do though, our specialist says that pruning and maintenance is one of their priorities. 

 

“We don’t tend to take down a lot of trees. We do a lot of maintenance on trees, especially the big stuff … so taking the leaves off houses, pruning big hedges, that sort of thing. We don’t really like to remove big trees unnecessarily.” 

Cutting to the Chase

Before you start the process of hiring an arborist to prune or remove your private trees, you should familiarise yourself with the local laws and determine which regulations are applicable to your property. This guide has provided all the information you need to educate yourself on the Council regulations, plus links to help you start the application process for a planning permit. To clarify any of these restrictions, or to confirm the overlays relevant to you, contact the Council directly. To enlist the help of an experienced local tree specialist, contact Jim’s today. 

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