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Bettesworth Construction
City of Melville

Melville’s Proposed Rules for Trees on Private Land: What Owners Need to Know

Melville’s draft policy could require approval to remove or significantly damage certain private-land trees, but it is not yet in force. Consultation was due to close October 31, 2026.

By Bettesworth Construction Team 5 min read
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The City of Melville has not yet put private-tree protections into force. In December 2025, Council asked for a draft policy; by October 8, 2026, that draft was open for public consultation, with submissions due by October 31. The proposal could require approval to remove or significantly damage certain trees on private land, but it is not an outright ban on removal or development.

What happened, and what is the status now?

The City of Melville Council’s December 2025 decision was to have a local planning policy prepared—not to enact new tree-removal rules. The proposal later became draft Local Planning Policy 1.24, “Regulated Trees on Private Land.” As of October 8, 2026, it was in public consultation, scheduled to close October 31, 2026. The City says the draft is not final and is not in force. After reviewing submissions, Council remains able to adopt, amend, defer or not proceed with it. City of Melville, August 31, 2026; City consultation page

The issue is specific to the City of Melville in Perth’s south, Western Australia. It is a proposed local planning policy, not a statewide rule.

Do I need council approval to remove a tree on my property?

Under the framework described by the City while the draft is not in force, a separate development approval was not required simply to remove a tree on private land. That does not rule out other approvals that may apply to particular work or sites. If you are planning tree work before Council decides the policy, check with the City whether another requirement applies to your circumstances. City of Melville, draft policy consultation information

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The draft, if adopted, could change the approval position for qualifying trees. It should not be treated as a current legal direction, and owners should not assume its proposed examples or exemptions already apply.

What would the proposed policy cover?

Draft Local Planning Policy 1.24 proposes criteria for “regulated trees”—generally living medium or large trees assessed using height, canopy diameter and trunk circumference. The City’s public-facing material points readers to the draft policy for the exact definitions and measurements; the FAQ does not provide numeric thresholds, so it is not possible to determine from that summary alone whether a particular tree qualifies.

The draft is proposed to apply across land zoned under Local Planning Scheme No. 6, including residential, commercial, business and other non-residential property. It concerns private land. Street trees, parks and other City-managed trees are outside this policy and are handled under separate arrangements. The proposal would not prohibit every removal: the City’s examples allow that an application may be supported where keeping a tree is not reasonable or practical. City of Melville, draft policy consultation information

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How might the draft affect building work, renovations or subdivision?

The City’s examples describe a case-by-case approach: consider retention, redesign where feasible, and assess whether removal or significant damage is justified. These are proposed examples, not current directions.

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Building or other development

For a project affecting a regulated tree, the draft examples contemplate a development application supported by an arborist report. The material would describe the tree’s location and condition, alternatives considered, why retention is impractical, and any replacement planting proposed. A design could be revised to avoid or reduce impact on the tree-protection zone.

Maintenance pruning

Limited pruning that does not substantially reduce the canopy or affect the tree’s health may not require approval under the draft examples. The precise distinction would depend on the final policy and the work proposed.

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Claimed structural damage

For a tree said to be causing structural damage, the City’s example calls for written planning advice and supporting evidence. The City says an owner cannot self-assess whether an exemption applies.

Subdivision

The Western Australian Planning Commission would remain the final decision-maker on subdivision. If the policy is adopted, the City says it would assess tree retention or replacement in its referral comments and could recommend conditions.

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Why is the City considering private-land trees?

The City’s canopy survey recorded 12.5% canopy cover in 2022, compared with 13.9% in 2016. Its 2022 mapping estimated that approximately 45% of canopy was on private land and 54% on public land; the published shares total 99%. The City says planting on available public land alone would not substantially increase total canopy. City of Melville, tree canopy information

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The City’s 2024 engagement drew 918 participants. It reports that 63.2% supported developing a local planning policy focused on retaining trees. Participants also raised concerns about property rights, costs, practical impacts, approvals and enforcement, and expressed interest in education, advice, incentives or financial help, replacement planting, and consistent treatment of public trees. Those views indicate the questions the draft must balance; they do not establish that every owner or resident holds the same position. City of Melville, engagement and policy information

PerthNow reported in December 2025 that housing infill and environmental pressures, including polyphagous shot-hole borer and bushfires, were among factors affecting canopy. Its account described the decline from 2016 to 2022 as 1.4 percentage points; the underlying City figures are 13.9% and 12.5%. The same report attributed to advocates the claim that seven Western Australian councils had adopted private-tree protections and three were progressing them at that time. Those were reported December 2025 counts, not a current verified statewide total. PerthNow, December 2025

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What are the main arguments in the debate?

Supporters emphasize retaining mature canopy for shade, habitat and neighbourhood character. Critics raise owner autonomy, costs, approval and enforcement burdens, and whether private owners are being asked to carry responsibilities that should also apply to City-managed trees. A further question is whether reasonable infill and development can proceed through redesign, evidence-based exemptions or other allowances.

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ABC’s June 2026 reporting described pressure from both tree-protection advocates and owners concerned about regulation, alongside tension between tree protection and state infill targets. Melville Tree Canopy Advocates member Esther Cole argued that the proposal would not prevent building, renovation or subdivision in every case. These are participants’ positions in a contested local debate, not settled conclusions about how a final policy would operate. ABC News, June 2026

How can residents have a say?

The City’s consultation was scheduled to close on October 31, 2026. Residents and property owners can review the draft and submit feedback through the City’s consultation page. Council’s decision comes after it considers that feedback; the draft may change or may not be adopted. City of Melville consultation page

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