Protecting our urban tree canopy

by SANDI MILLER
7th July 2025

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PUBLIC QUESTION time at Manningham Council’s June 30 Council Meeting was dominated by questions regarding changes to tree canopy protection, following the State Government’s recent changes to residential development provisions.
Residential development in Victoria is controlled by residential development provisions, which are included in clauses of the Victorian Planning Provisions and all planning schemes and building regulations.
These were updated in March 2025.
The residential development provisions, commonly known as ResCode are applied through the planning permit or building permit systems.
They apply to:

  • the construction of new dwellings
  • alterations and extensions to existing dwellings
  • residential subdivisions
  • apartment developments.

In March 2025, parts of ResCode were replaced by:

  • The Townhouse and Low-Rise Code (one to three storeys) (Clause 55)
  • The four Storey Apartments Standards (Clause 57).

However, Clause 54 (One dwelling on a lot or a small second dwelling on a lot), Clause 56 (Residential subdivision) and Clause 58 (Apartment developments) will remain unchanged.
ResCode changes for apartment and townhouse development set a minimum 10 per cent tree canopy, while reducing minimum setbacks and private open space.
This is at odds with the State Government’s Plan for Victoria, which has a target of achieving 30 per cent tree canopy in urban areas.
Tree canopies cool neighbourhoods, clean the air, make our streets walkable and are a part of neighbourhood character.
The wholesale removal of trees and gardens from properties, referred to as “moonscaping”, and their replacement with paving and other hard surfaces, sees neighbouring residents complain to their local Council, to little avail.
At the June Council Meeting, resident Amanda d’Crus asked Council to identify the areas of most concern to it regarding the changes in the Victorian Planning Schemes on canopy tree cover in Manningham, and if Council would specify the matters that it raised with the Victorian State Government in relation to the impact of changes to Victoria’s planning scheme on tree canopy tree cover in Manningham.
Andrew McMaster Director of City Planning and Liveability responded to her question:

“All councils that are in the Eastern Region Group of Councils, which Manningham is a member of, have concerns of the loss of tree canopy in the region due to greater development density.
Through Amendment VC267 the State Government introduced the Townhouse and Low-Rise Code into Victorian planning schemes.
This code introduced a number of ‘deemed to comply’ provisions where, when a development complies with those provisions, Council must approve the development with no third-party appeal rights to VCAT.
This is of concern to Council’s professional planning officers because this new code does not afford any protection to neighbouring trees on adjoining properties, potentially allowing structures to impact structural roots zones and encroach into tree protection zones.
We view this lack of protection as the area of most concern in the new code when it comes to tree canopy cover.
Council has provided submissions to the State Government on planning reforms on a number of occasions in the last 12 months.
In its submission on Plan for Victoria, Council noted that the State Government housing targets will have implications for existing tree cover, impacting quality of life for our residents, and we called on the State Government to provide innovative solutions for urban greening to help to achieve increasing canopy cover on both public and private land.
We prepared a specific submission to planning scheme changes as well, calling on the State Government to require development to incorporate suitable spacing for significant and canopy trees.
In that submission, we also recommended [the State Government should develop] decision guidelines, which encourage the retention of established street trees, which we said should be protected at all costs.
Most recently, Council submitted to a Parliamentary Inquiry on Planning Scheme Amendment VC267.
In that submission we recommended specifically that the landscaping provisions of Clause 55 for Victorian Planning Schemes require consideration of the impacts that proposed buildings will have on trees on adjoining properties.
We pressed that this is an imperative to ensure site responsive designs and the protection of the urban tree canopy coverage.
While the Inquiry’s recommendations have not been taken up by the State Government, Council’s advocacy on this part of the reforms will be ongoing.”

Also at the June meeting, Doncaster East resident Cynthia Pilli spoke to Council to draw attention to the fate of canopy trees close to her home.
“Two large trees have been cut down in recent weeks.
“It took two days of intense cutting and mulching into the night.
“This adds to the moonscaping of the property directly behind me, when several large canopy trees were removed early last year, it is unlikely that other residents aren’t witnessing the same destruction.”
She said outside of Warrandyte, it seemed trees have no protection.
She asked Council what specific impediments does Council still face to prevent it taking urgent steps to ensure that canopy trees are protected under the planning scheme and under local laws.
Mr McMaster again responded to the question:

“Protection of tree canopy is a matter that is under active consideration by the Eastern Region Group of Councils, and indeed by our officers internally as well.
While it is not technically an impediment, we will need to be having discussion with our councillors and the community about retention of tree canopy into the future.
We look forward to continuing this discussion with you and the community over the course of the next Council Plan.”