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In Bassendean, you generally need the Town’s approval before removing or substantially damaging a regulated tree on private property. The rule comes from Local Planning Policy No. 13 (LPP13), adopted in September 2024. It applies to covered tree-damaging activity unless a specific exemption applies; check the tree and the proposed work with the Town before arranging it.
What counts as a regulated tree in Bassendean?
Under the Town’s Local Planning Policy No. 13 – Tree Retention and Provision, a regulated tree is a living tree that meets at least one of these size tests and is not included on a state or local area weed register:
- It is taller than 8 metres.
- Its average canopy diameter is at least 6 metres.
- Its trunk circumference is at least 1.5 metres, measured 1.4 metres above ground.
The Town’s public guidance describes the canopy threshold as “wider than 6 metres”; the adopted policy specifies an average canopy diameter of at least 6 metres. If a measurement is close to the threshold, ask the Town to assess it rather than relying on a rough estimate. Trees on the Town’s Unwanted Species List or the State Weed Register are exempt from approval for removal or other tree-damaging activities under the Town’s guidance.
For an initial check, measure the trunk circumference at 1.4 metres above ground and estimate the tree’s height and average canopy diameter. Those measurements help you ask the right question; they do not by themselves determine whether approval is required.
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Do I need council approval to cut down or damage a tree?
The policy defines tree-damaging activity broadly. It covers killing or destroying a tree, removing it, severing branches, limbs, stems or trunk, ringbarking, topping, lopping, and other substantial damage. The Town says regulated trees cannot be removed or substantially damaged without prior approval.
Do not begin work while an approval question is unresolved. The policy names several exemptions, but whether a particular job fits one can depend on what work is planned and why it is needed.
Named exemptions
- Activity to a tree that is not regulated.
- Urgently necessary works for public safety, the safety or security of plant or equipment, essential services, or environmental protection.
- Work required by an approved Bushfire Management Plan.
- Maintenance pruning, as defined by the policy.
- Pruning limbs or roots back to the property line to prevent overhang or encroachment onto an adjoining property.
- Activity to a regulated tree on the Town’s adopted unwanted-species list.
Maintenance pruning includes removing dead or diseased wood, pruning fruit trees for fruit production, and minor maintenance or thinning that does not adversely affect the tree’s health or general appearance, or that balances the tree. If the proposed work may go beyond maintenance, confirm the position with the Town first.
Can I prune branches over my fence?
The policy exempts pruning limbs or roots back to the property line to prevent overhang or encroachment onto an adjoining property. That is a boundary-limited exemption; it is not a general permission for substantial pruning or other damage to the tree. Ask the Town if the scope is uncertain.
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Does a new house or other building work change the tree rule?
Not automatically. LPP13 says approval is still required for tree-damaging activity to a regulated tree when other work is proposed on the site, even where that other work is exempt from development approval. An exempt building project therefore does not, by itself, exempt damage to a regulated tree.
The Town’s primary planning instrument is Local Planning Scheme No. 11, gazetted on 26 April 2024, which is read with the Planning and Development (Local Planning Scheme) Regulations 2015 deemed provisions. For a project involving a regulated tree, check the tree approval requirement alongside the approvals for the building or subdivision work.
What information may an application need?
For applicable development, subdivision or strategic planning applications, the policy calls for a site survey or site plan showing regulated trees, whether each is to be retained or affected, Tree Protection Zones in accordance with AS 4970, and proposed planting. It also calls for written justification for proposed tree-damaging activity. The Town may request an arborist report about the tree’s health or safety risk, or proposed protection measures.
The Town assesses factors including the tree’s health, maturity, species and location; ecological and streetscape value; impacts on other regulated trees; whether development can be redesigned or relocated; site conditions such as existing development, crossovers, topography and excavation or fill; safety and infrastructure risks; protection zones; replacement planting; and arborist recommendations.
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Reasons the policy says it will not support
LPP13 sets a general presumption against damaging regulated trees other than for maintenance pruning. It says it will not support justifications based on:
- Wanting a view.
- Disliking the tree variety.
- Ordinary nuisance from leaves, fruit or bark.
- Effects on private gardens, solar installations or pools.
The policy allows consideration of evidence that a tree is unhealthy, poses a risk supported by professional reports, or cannot feasibly be accommodated through redesign. The assessment is case-specific; those grounds do not guarantee approval.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Who can help assess the tree or prepare a report?
The Town recommends using a qualified arborist for pruning and consulting-arborist advice where required. Its policy describes an arborist report preparer as holding at least a Diploma of Horticulture (Arboriculture), AQF Level 5 or equivalent, and having demonstrated high-level tree assessment and diagnosis experience. The Town’s guidance directs residents to ArbWest for listings of qualified contractors and consultants.
If you are unsure whether a tree is regulated, the Town’s inquiry form asks for the species and dimensions, intended work and timing, details of the proposed work, and a site plan. The Town’s published contact number is (08) 9377 8000. See the Town’s Trees on Private Property guidance for the inquiry route and current contact details.
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What happens if I remove a regulated tree without approval?
The Town reported that in November 2025 it successfully prosecuted its first case involving unauthorised removal of regulated trees. It said the court imposed a $17,000 penalty and ordered payment of the Town’s legal costs. That outcome shows enforcement can have significant consequences, but it does not predict the result of a different case.
In a report dated 8 June 2026, the Town also said the State Administrative Tribunal upheld its refusal of an application to remove a regulated tree on private property. The Town described it as the first reported SAT decision affirming a local-government refusal of such an application; that “first reported” description is the Town’s characterization.
The Town’s April 2026 council-meeting summary says fees for development approval related to regulated tree-damaging activities will no longer be waived, but does not state the fee amount. It also says broader LPP13 changes would be considered at the policy’s scheduled review. Confirm current fees and policy wording with the Town before lodging an application.
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