Amendment C119 proposes to apply permanent tree protection controls to 95 significant trees within Banyule and to remove the control from two properties where the trees have been legally removed.
Temporary tree protection controls are already in place for 84 trees that affect private property. This ensures the trees are protected during the amendment process for permanent controls. Temporary controls were approved by the State Government through Amendment C117 on 18 June 2021 and expire on 31 May 2022.Amendment C119 proposes to remove the temporary status of C117 and apply the control on a permanent basis.
Why is the amendment needed?
Trees contribute to the diversity and health of Banyule’s landscape and environment.
There are many individual trees, groups of trees and areas of vegetation within Banyule, which have special significance. They include a variety of native and exotic trees and other vegetation, which have landscape, habitat, horticultural or genetic value, are rare or of localised distribution, are outstanding examples of their species or are of cultural or historical significance.
As these trees and areas of vegetation play a special role in our neighbourhoods, it is important they are protected and considered in future development proposals.
There are 331 significant trees and areas of vegetation already protected in the Banyule planning scheme by Environmental Significance Overlay 4 (ESO4). Since the last review of ESO4, a further 95 trees have been assessed as significant. Banyule Council is now proposing to protect these trees by adding them to the ESO4.
What does the amendment do?
The Amendment proposes to:
- amend the ESO4 to:
- apply permanent controls for 84 trees or tree groups affected by the interim provision in the Schedule applied via Amendment C117.
- apply permanent controls for an additional 11 trees or tree groups not currently affected by the interim controls.
- delete two trees that have been legally removed.
- make formatting and minor text changes to ensure consistency with the Ministerial Direction on Form and Content of Planning Schemes.
- amend Schedule to Clause 72.08 Background Documents;
- amend ESO4 Planning Scheme Maps to reflect the changes.
The proposed amendment applies to a total of 97 trees or tree groups affecting 192 properties.
Further information is available in the Amendment C119 Explanatory Report.
Environmental Significance Overlay 4
Under the ESO4, a permit is required to remove, destroy or lop any significant tree or area of vegetation specified in the clause. A planning permit is also required for the construction of buildings or carrying out of works within 5 metres of the canopy of the identified vegetation.
Pruning trees for maintenance to improve its health or appearance does not require a permit.
A Directions Hearing for Banyule Planning Scheme Amendment C119 was held by video conference on Monday 31 January 2022. The Main Panel Hearing was held by video conference on Thursday, 17 March 2022 at 10am.
The Panel has 20 business days to prepare its report. In accordance with section 26 of the Planning and Environment Act 1987, the planning authority (Council) must make the report publicly available 10 business days after receiving the report. At this time, the Panel report will be made available on this page.
Frequently Asked Questions
Criteria for Significant Trees and Vegetation
|Reason for Significance||Criteria|
|Landscape||A tree or group of trees with outstanding aesthetic value or which frame or screen views, or act as a landmark.|
|Size||Any tree of outstanding size in height, girth or canopy spread.|
|Age||Any tree of an age that makes it old or venerable for its species variant.|
|Botanical||A tree which is rarely found in the wild or in cultivation.|
|Horticultural||Any tree which is of outstanding horticultural or genetic value, and which could be an important stock for future propagation.|
|Historic||Any tree with a specific historic or commemorative association.|
|Form||Any tree with an outstanding, unusual, abnormal or curious growth form.|
|Remnant||Trees which survive from the pre-European era.|
|Habitat||A tree or group of trees with outstanding value as habitat or niche for native flora and fauna.|
|Aboriginal||A tree which has associations with aboriginal culture or heritage.|