Hive — Do I Need a Tree Permit?

Hive — Tree Permit Guide

Internal team reference · Victoria (VIC) councils

Facts current as of 16 Aug 2026 · all 22 councils covered

Do I need a tree permit?

A single place to work out which permit pathway applies before you talk to a client — start with the 3-pathway explainer, then run a specific property through the checker.

The short version: these are not three alternatives you pick between — they're two different permits (Local Law and Planning) that can both apply to the same tree, plus one fast-track process (VicSmart) that only speeds up certain Planning Permit applications. A tree can legally need a Local Law permit and a Planning Permit at the same time.

Local Law Permit

Issued under the council's own Local Law — nothing to do with the Planning Scheme or zoning. Triggered purely by the tree's trunk size meeting the council's "significant" or "substantial tree" definition.

Local Laws team · own arborist usually assesses

Planning Permit (Standard)

Issued under the Planning Scheme — triggered by an overlay mapped on the property (Vegetation Protection, Significant Landscape, Environmental Significance, Heritage) or a state clause (52.17 native vegetation, 52.37 canopy trees).

Planning department · can include public notice

VicSmart

Not a separate permit — a fast-track process for simple Planning Permit applications (e.g. one tree, straightforward site). Statutory target of 10 business days once the application is complete, versus the open-ended standard track.

Same planning permit, faster clock

Work it out in 3 questions

Does the council have a Local Law that protects trees by size, and does this tree meet that threshold?

Every council sets its own trunk-circumference trigger (e.g. 50cm in Nillumbik, 150cm in Port Phillip, 180cm/140cm in Stonnington). If the tree meets it, this applies no matter what zone or overlay the land has.

→ If yes: a Local Law Permit is required, regardless of the answer to Q2.

Is the property affected by a planning overlay, or does the tree meet the state Canopy Tree criteria (Clause 52.37)?

Check the property on VicPlan for a Vegetation Protection Overlay (VPO), Significant Landscape Overlay (SLO), Environmental Significance Overlay (ESO) or Heritage Overlay. Separately, Clause 52.37 catches any tree over 5m tall, over 0.5m trunk circumference, and at least 4m canopy diameter — overlay or not.

→ If yes to either: a Planning Permit is also required — on top of a Local Law permit if Q1 was also yes.

If a Planning Permit is needed, does it qualify for VicSmart?

Typically available for a single tree, where removal is the only thing being sought (no other permit triggers on the same application), and sometimes limited to one VicSmart tree approval per property per 12 months.

→ If yes: apply via VicSmart for a faster decision. If no: standard planning permit track applies (longer, may involve neighbour notice).

What is a "Canopy Tree"? (Clause 52.37)

These two diagrams are the same for every council, since Clause 52.37 is a single state-wide rule — worth knowing by heart. From Hive's own "Do You Need a Tree Permit?" guide.

Diagram showing the three Canopy Tree criteria: height over 5 metres, trunk circumference over 0.5 metres measured at 1.4 metres height, and canopy diameter of at least 4 metres — All three criteria (height, trunk circumference, canopy diameter) must be met together for a tree to count as a "Canopy Tree" under Clause 52.37.

Diagram showing Zone A (outside the boundary buffer, permit generally not required) and Zone B (within 6 metres of the front boundary or 4.5 metres of the rear boundary, permit required to remove a canopy tree) — On a developed lot, a Canopy Tree permit is only needed in Zone B (the boundary buffer) — unless the land is vacant or a dwelling/extension is being assessed, in which case it applies anywhere on the lot.

	Local Law Permit	Planning Permit (Standard)	VicSmart
Legal basis	Council's Local Law	Planning Scheme (overlay or state clause)	Same Planning Scheme — just a faster application class
Trigger	Trunk size ≥ council's own threshold	Overlay on title, or Clause 52.37 canopy tree criteria met	Simple, single-tree, no competing permit triggers
Assessed by	Local Laws team (often council's own arborist)	Planning department	Planning department, 10 business day target
Typical cost	Lower ($80–$565 in our data)	Statutory planning fee, varies	Statutory planning fee, varies
Can stack?	Yes — the same tree can need a Local Law permit and a Planning Permit. Always check both.

This is general orientation, not a rule that holds for every council. Thresholds, exemptions and which mechanism applies are set independently by each of the 79 Victorian councils — always confirm against the specific council in the checker tab (or with their Planning/Local Laws team) before advising a client.

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1. Which council is the property in?