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                    Amendment C379: Protecting Exceptional Trees

                    A large, exceptional tree next to a brick building
                    Purple beech tree (Fagus sylvatica), tree 64 on the current register. This tree meets the following exceptional criteria: aesthetic value, rare or localised and horticultural value.
                    Our urban forest includes approximately 20,000 trees in the private realm. These trees help keep our landscape resilient, our city liveable and sustainable and maintain Melbourne’s character and heritage.

                    ​​​​​​​​​​​​​​​​​​City of Melbourne's Exceptional Tree Register was adopted by Council in 2012.  It offers the opportunity to recognise, celebrate and protect exceptional trees on land throughout our city. This includes any land that is under the control of the Melbourne Planning Scheme, with the exception of land that is owned or managed by the City of Melbourne or located in the Royal Botanic Gardens.

                    Round two nominations

                    We began reviewing and expanding the Exceptional Tree Register in 2019. Nominations for exceptional trees as part of round two of the register were accepted from 1 December 2018 to 15 March 2019. All eligible trees were then assessed by a qualified consultant arborist, with this information then peer reviewed prior to being presented to an expert assessment panel to ensure accuracy, robustness and transparency. Trees included on the register must have fulfilled at least one of the Exceptional Tree Register’s ‘exceptional’ criteria, and be recommended to for inclusion by the panel. 

                    On 21 July 2020, the Future Melbourne (Planning) Committee considered a report on the round two nominated exceptional trees and resolved to endorse the Exceptional Tree Register 2019 and protect 119 additional exceptional trees under the Melbourne Planning Scheme by applying Environmental Significance Overlays.

                    Proposed planning provisions 

                    On 29 April 2021, the Minister for Planning approved interim protection for additional exceptional trees identified (resulting from successful round two nominations) until 27 April 2023, via Planning Scheme Amendment C378. This allows Council time to seek approval for permanent protection controls via a full planning scheme amendment process. 

                    The approval of interim controls means that each exceptional tree is protected under the planning scheme and has its own tree protection zone which is a calculated area above, around and below the tree. You will need a planning permit for any building or works within the protection zone of the exceptional tree, or significant pruning, lopping or removal of the tree. The application of the new controls does not mean that new building works cannot take place, but that the health of the tree will need careful consideration before approval for any works can be given.

                    The Minister for Planning authorised Council’s request to prepare and exhibit the permanent controls proposed by Planning Scheme Amendment C379. Amendment C379 proposes to protect the additional 119 exceptional trees by adding the trees to the updated Exceptional Tree Register 2019 and applying planning tree protection controls to these trees through the planning scheme. The amendment also proposes to individually list 22 trees which are currently listed under tree groups and delete seven trees which have been removed due to poor physical health.

                    To find ​out more about the trees proposed for protection, or changes to the protection zone of an existing tree, please visit Participate Melbourne.

                    Planning Scheme Amendment 379 was open for community and stakeholder comment from 31 March to 2 May 2022. On 2 August 2022, the Future Melbourne (Planning) Committee considered submissions and resolved to request the Minister for Planning appoint a Panel to consider the submissions and make recommendations on the amendment.

                    Read more in the Future Melbourne Committee meeting report (PDF 14.9 MB).

                    A directions hearing was held via video conference on Monday 17 October with the Panel determining that the hearing scheduled for 22 November 2022 was not required. The panel has delivered its report recommending adoption of the Amendment.

                    View a copy of the Panel Report (PDF 1.38 MB)

                    The Future Melbourne Committee  considered the panel report at its meeting on 7 February 2023 and resolved to recommend  Council adopt the Amendment as exhibited `but with two changes to Schedule 2 to the Environmental Significance Overlay and the City of Melbourne Exceptional Tree Register 2019.

                    Read more in the Future Melbourne Committee Report (PDF 12.8 MB) 

                    Council adopted Amendment C379 at its meeting on 28 February 2023 and  submitted the Amendment as adopted to the Minister for Planning for approval.

                    Current status

                    Amendment C376 was approved by the Minister for Planning on 28 February, 2024. You can view the approved version of the Exceptional Tree Register 2019 below. The 119 new exceptional trees from round two nominations are listed as Tree Numbers 139 to 176 in the register.​

                    Frequently asked questions

                    Why would I want to protect a tree on my property?

                    ​The Exceptional Tree Register provides an opportunity to promote, share and protect trees that are exceptional. Owners of properties where exceptional trees are located play an important role caring for a valuable community asset. Not only do urban trees provide substantial environmental and community benefits, they can also help to reduce energy costs, increase property values, and provide aesthetic and amenity value. Additionally, if owners are interested, there may be chances to get involved through open days and feature articles.

                    How are exceptional trees protected?

                    ​Once formally listed on the Exceptional Trees Register 2019, the additional trees will be included under an Environmental Significance Overlay in the Melbourne Planning Scheme, meaning that any proposed buildings and works within the Tree Protection Zone, or significant pruning, lopping or removal of exceptional trees will require a planning permit. This doesnt mean that absolutely no works are allowed on or near exceptional trees, but rather that the impact that the proposed development will have on the health and values of exceptional trees must be considered in the planning permit application process. The requirement for a planning permit will enable consideration of the impact that the proposed works may have on the health and values of exceptional trees. 

                    What is a tree protection zone?

                    ​The tree protection zone (TPZ) is a standard measurement used in Arboriculture to determine the area, where a tree’s root system could be detrimentally damaged by development. TPZ is calculated in accordance with in accordance with AS 4970-2009, Protection of Trees on Development Sites, using a trunk diameter measurement and varies depending on the size of the tree. 

                    What land is included?

                    ​Any tree growing on non-City of Melbourne owned or managed land that is under the control of the Melbourne Planning Scheme may be considered for the Exceptional Tree Register, with the exclusion of trees located in the Royal Botanic Gardens Victoria, Melbourne Gardens. Land owned or managed by the City of Melbourne is subject to Council’s Tree Retention and Removal Policy (2012) and therefore excluded from the register. 

                    Will the register be updated?

                    ​Melbourne’s urban forest is a dynamic system with natural cycles of tree growth, maturation and death, and the City of Melbourne recognises the need for the register to reflect this. Nominations will continue to be accepted at anytime. However, they will only be reviewed and processed for future versions of the register and subsequent planning scheme amendments approximately every five years. Additionally, removal of trees from the register may occur if required following arboricultural assessment and consideration.

                    How are trees removed from the register?

                    ​If a tree is damaged or reaches a state of severe decline it may be considered for removal from the Exceptional Tree Register as part of a future update. The process involves contacting the City of Melbourne Planning Team and applying for the affected trees removal from the landscape and the register. This application must include an assessment from an independent arborist to be reviewed by the City of Melbourne prior to removal from the landscape.

                    Exceptional Tree Register FAQs

                    Why do we need the Exceptional Tree Register?

                    The Exceptional Tree Register was adopted by the City of Melbourne to offer some protection to trees in the private realm, as part of a holistic vision for the future urban forest. City of Melbourne does not have authority over trees on private property, so it was determined a register that celebrates our trees will provide some level of protection for our green assets.

                    Why would I want to protect a tree on my property?

                    Not only do urban trees provide substantial environmental and community benefits, they can also help to reduce energy costs, increase property costs, and provide aesthetic and amenity value.

                    Is it just for trees?

                    Yes.

                    While this register is limited to trees, the City of Melbourne is exploring the possibility of a register or an alternate means of protection for significant landscapes and gardens in the municipality.

                    Can I nominate more than one tree in a single nomination?

                    Yes. Nominations can be for single exceptional trees or for many exceptional trees. This is of particular relevance if the trees are closely clustered together or are located in a private road or courtyard.


                    Can I nominate a tree on somebody else’s property?

                    Yes, you don't have to be the owner of the property to nominate a tree. If you do know the property owner, we recommend letting them know that you intend to nominate their tree so that they know why you think the tree is exceptional. 

                    City of Melbourne will alert property owners and residents if a tree on their property has been nominated for the register.

                    Can I nominate a tree if I don’t live in the City of Melbourne?

                    Yes. Nominations are open to everybody, as the city’s trees are experienced by anyone who visits the city.

                    What land is included?

                    Any tree growing on private land that is under the control of the Melbourne Planning Scheme may be considered for the register. 

                    This means that trees in local government parks and reserves, in the Royal Botanic Gardens Melbourne, and some schools, may not be eligible. 

                    Please get in touch with us at melbourneurbanforest@melbourne.vic.gov.au if you have any questions.


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