Amendment C119 has been approved by the Minister for Planning. The approved amendment was included in the Banyule Planning Scheme on 13 October 2022 when notice of approval was published in the Government Gazette.
The amendment applies the Schedule 4 to Clause 42.01 (Environmental Significance Overlay) (ESO4) on a permanent basis to 94 trees or tree groups that have been assessed as significant, removes the ESO4 from two properties and updates ESO4 to meet current form and content requirements.
Why was 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.
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.
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.|