Trees and development

Trees can be a valuable resource which if removed, are difficult to replace. Trees, like any other constraint, require careful consideration during the planning stage of a development. The successful retention of appropriate trees can be an asset to any development.

The following  information is provided to assist in the planning of sites for development that involve existing trees.

Application for removal or pruning of trees on a site that is the subject of a Development Application must be included within the Development Application documentation as described in this brochure.

Certain species of trees are exempt from approval requirements.

A Development Application cannot be classed as an application for a ‘Complying Development’ if trees are proposed to be removed. 

Definitions
A tree (other than those exempt) that is:

• 3 metres or more in height including its roots,
• has a trunk diameter of 200mm or more at a height of 1 metre from the ground, or
• has a branch spread of 3 metres or more.

A Tree Protection Zone is an area which must be fenced and maintained throughout the construction period, within which no construction work or level changes are permitted.

An Arborist who can submit reports as part of a development application documentation is a person who is eligible for membership as a ‘Consulting Arborist’ with the National Arborists Association of Australia or the Institute of Australian Consulting Arboriculturists and who has obtained a Level 5 Certificate in Horticulture/Arboriculture or equivalent.

An Arborist’s Report is a document which is provided by an Arborist and submitted to Council in conjunction with an application for development consent. An Arborist Report must acknowledge all the trees on the site including  those within 15 metres of the site on adjoining properties and streets adjoining the site.

The report must identify trees on the site survey plan by number and provide details of the following:

1. genus and species of each tree, 
2. health, amenity value, and S.U.L.E (Safe Useful Life Expectancy)    rating of each tree,
3. impact of the proposed development on each tree,
4. impact of retaining trees on the proposed development, 
5. the Tree Protection Zone (TPZ) required for each tree proposed to  be retained,
6. any root barriers necessary, type and their location,
7. any branch or root pruning which may be required for       trees.

Information provided for Development Consent Applications
A Site Analysis Plan must:

• identify each tree on the proposed development site, on adjoining properties (within 15 metres of the site), and on street frontages adjoining the site.
• accurately locate all trees by a registered surveyor, and show the trunk location, level and actual canopy spread.

Applicants should involve an Arborist and may consult with Council in the initial planning stages of the development to determine which trees are appropriate for retention.

Proposed Development Plans and Landscape Plans
All trees identified in the site analysis plan and Arborist Report must be accurately located and numbered on the landscape plan.

The Landscape Plan must indicate: 

• existing trees and their levels
• whether trees are proposed to be removed or retained
• building footprint with proposed levels
• extent of footings for buildings
• extent of excavation and fill required for the proposed structures
• any retaining walls and details of proposed levels and type (whether  battered or vertical).

An Arborist Report must be submitted in conjunction with the Landscape Plan.

Bushfire Reports
If a Bushfire Report is required for the development site, the Arborist and Bushfire Consultant must coordinate their plans to ensure that significant, healthy trees are retained where possible, and all trees proposed for removal are detailed on the Landscape Plan.

Landscape Plans submitted without the above information will not be assessed.

Information for Construction Certificates
Construction Certificate architectural site plans or subdivision plans must indicate: 

• location of tree protection zones and details of protection measures
• site sheds
• access for machinery on the site
• rubbish stockpiles, bins, etc.
• all proposed and existing service locations, including width and depth of trenches.

Tree Retention During Construction
Trees to be retained will be specified in the development consent conditions and must be shown on the Construction Certificate site plans or subdivision  plans. Trees to be retained are to be protected as follows:

Tree Protection
Prior to commencement of any work on the site, trees to be retained are to be protected from damage by fencing 1500mm high following the perimeter of the Tree Protection Zone as specified in the Arborist Report. This fencing must be maintained in good effective condition until the work is completed. 

Within the Tree Protection Zone, the following are prohibited:

• stacking of construction materials
• contamination of the ground surface by oil, bitumen, cement   or other material
• lighting of fires
• use of retained trees for anchorage points
• attachment of notice boards, telephone cables, or other services,
• mixing of concrete,
• alteration to soil levels.          

Access Across Tree Protection Zones
Where access to the site requires vehicles to cross a Tree Protection Zone and Council has approved this arrangement, protective fencing must be placed around the remaining protective zone. A 350mm layer of mulch must be placed on the access way for the duration of the construction period to reduce compaction. This must be inspected and approved by a Council/principal certifying authority before work commences. Once construction is complete, the mulch must be reduced in thickness to a depth specified by the approved landscape plan.

Arborist's Certificate
The developer must supply Council or the principal certifying authority with Arborist’s Certification three times during the construction phase of the development, in order to verify that retained trees have been correctly retained and protected as per the conditions and Arborist’s recommendations. This certification must occur:

• before commencement of construction,
• at mid point of the construction phase,
• at completion of the construction phase.

The Occupation Certificate must not be issued without approved Arborist’s Certification.

Changes on site
Any changes which affect trees that have been specified in the development consent to be retained, will require an amended Development Application. Proposed changes include:

• any level changes within the drip line of trees
• incorrectly located trees on site plans
• requests to remove trees (within 15m) on neighbouring properties not assessed
• pruning/removal of neighbours trees not originally listed in submitted plans.

To avoid the requirement for amendment of approval, it is essential that accurate plans are drawn and careful consideration given to existing trees at the planning stage.

Breach of Conditions of Development Approval
Council or the private certifying authority must inspect all sites during the development to ensure compliance with approval conditions, including certification of tree protection and retention. Council will commence breach proceedings immediately if these conditions are not implemented.
Breaches of Development Approval conditions carry a substantial penalty. In the event that trees designated to be retained are damaged or destroyed, a Court is able to order that replacement trees be planted and maintained to maturity in addition to any monetary penalty imposed.