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Arborist Reports DA & Tree Report Permits Victoria – Clause 52.37

Council-Compliant Tree Reports & Arborist Services for Clause 52.37

Clause 52.37 of the Victorian Planning Provisions (effective 15 Sept 2025) regulates tree removal and pruning where development impacts Victoria’s canopy. At Arbor Express, our AQF Level 5 and Level 9 arborists prepare Clause 52.37–compliant reports for homeowners and developers.

With 30+ years’ experience, we deliver council-ready documentation to keep your project on track.

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What is Clause 52.37?

Clause 52.37 – Tree Removal and Pruning, is a statewide planning control that came into effect on 15 September 2025.

It was introduced to protect significant trees while allowing for sustainable development across Victoria.

The clause regulates:

  • Tree removal on private and development sites
  • Major pruning that alters tree structure
  • Works within a Tree Protection Zone (TPZ) or Structural Root Zone (SRZ) during construction

Which trees does Clause 52.37 cover?

A tree is regulated if it meets one or more of the following criteria:

  • Height: 5 metres or taller
  • Trunk diameter: 150 mm or greater at 1.3 m above ground (DBH – Diameter at Breast Height)
  • Canopy spread: 4 metres or wider
  • Location: within a development site where works impact the TPZ or SRZ

In most cases, you will require a permit supported by an AQF Level 5 Arborist Report.

Frequently Asked Questions – Clause 52.37 in Victoria

Q1: How do I know if Clause 52.37 applies to my property?

Check if your property is in a residential or mixed-use zone. Clause 52.37 applies in most urban zones across Victoria.

Use VicPlan to confirm your zoning. Clause 52.37 typically applies in General Residential,
Neighbourhood Residential, Township, and Mixed Use Zones. It does not apply to Low Density Residential Zones.

Q2: What is a "canopy tree" under Clause 52.37?

A canopy tree is over 5 m tall, has a canopy over 4 m wide, and a trunk over 0.5 m circumference at 1.4 m height.

Clause 52.37 only applies to trees that meet all three criteria. If a tree is smaller than these thresholds, it may not require a planning permit under this clause, but overlays or local laws may still apply.

Q3: Does Clause 52.37 apply if I’m not building anything?

Yes, it applies to canopy trees within 6 m of the front or 4.5 m of the rear boundary,
even without development.

Even if no construction is planned, tree works may still need a permit if the tree is within the specified setbacks. Council aims to protect urban canopy trees near key site boundaries
regardless of development activity.

Q4: What if I’m submitting a development application?

Clause 52.37 applies to all canopy trees on site when development is proposed. You may need permits to remove or impact them.

When applying for a planning permit (e.g. for dwellings or subdivisions), you must assess
all canopy trees on the lot. An arborist report is required to justify removal, pruning, or retention, including TPZ/SRZ mapping.

Q5: What’s involved in a Clause 52.37 arborist report?

It assesses each tree’s size, health, structure, and proximity to buildings, and includes TPZ/SRZ mapping and retention advice.

A Level 5 arborist documents canopy tree data, health, and structure; evaluates development impact; and recommends retention or removal. It must align with AS4970 and
Clause 52.37 requirements.

Q6: How do I apply for a tree permit under Clause 52.37?

Submit a planning permit to Council with a compliant arborist report. We prepare and lodge Clause 52.37 permits unless tied to a development.

We handle the full submission if the tree removal is not part of a DA. For development-related reports, we prepare the documents, but your planner lodges them with your application.

Q7: What does Council assess when deciding the permit?

Council considers tree significance, health, location, overlay rules, and whether canopy replacement is proposed.

The decision is based on arborist findings, development context, tree health, site layout, overlay controls, and canopy objectives. Council may approve with conditions, require retention, or request canopy offsets (planting).

Q8: Can Clause 52.37 applications be fast-tracked?

Yes. We fast-track your Level 5 arborist report to meet urgent planning deadlines. Our reports are council-compliant and ready for submission.

We offer priority turnaround for Clause 52.37 reports. While Council sets the permit decision timeframe, we deliver your arborist documentation fast, supporting efficient lodgement and approval through your planner or architect.

Council Reference

For official details, see: Victorian Planning Provisions – Clause 52.37

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