Neil Fletcher Design

Protecting Melbourne’s Trees: What You Need to Know About Clause 52.37

Trees aren’t just background scenery. They cool our homes, clean our air, and make our neighbourhoods feel alive. But new planning rules mean you can’t just chop one down whenever you feel like it.

At Neil Fletcher Design, we help homeowners, developers and builders cut through the council jargon-without cutting down trees you shouldn’t.

Coming into effect in September 2025, Clause 52.37 requires a permit to remove, lop or destroy canopy trees in many residential zones. A canopy tree isn’t your average shrub. By definition, it’s:-

  • Taller than 5 metres
  • A trunk thicker than half a metre
  • A leafy canopy at least 4 metres wide

The rules apply across most Melbourne residential areas (except low-density zones). Whether you’re looking at a new development, building new, renovating or dealing with a tree close to the street or rear boundary, a permit may be on the cards.

The good news? Some applications qualify for a VicSmart fast-track, which aims for a decision in 10 business days. That’s quite speedy in the planning world!

If you do get approval to remove a tree, you’ll often need to replace it. For most suburban blocks that means ensuring (around) four new native canopy trees are provided on site, with species expected to grow at least six metres tall and spread wide enough to make a difference. This keeps Melbourne’s leafy character alive while still giving you room to build.

At Neil Fletcher Design, we make the process less stressful by:-

  • Checking if your project needs a permit
  • Preparing and submitting paperwork
  • Designing your build to stay compliant while meeting your needs

It’s about finding the sweet spot-where your development or dream home and council rules, can happily co-exist.

At Neil Fletcher Design we have been successful with more than 750 approved planning applications, over more than two decades. If you are considering a new site with canopy trees, talk to us first, before you purchase a property that may never meet your requirements.