After 10 years the Tree protection Local Law is due for a review. We’re updating the local law to better protect Frankston City’s trees and ensure our community continues to enjoy the environmental, social, and health benefits that trees provide. The update also aims to make the permit process clearer, fairer, and easier to understand.

Council is not proposing to change the permit size trigger. You will continue to be required to obtain a local law permit:

• If the tree has a trunk circumference of 110cm or greater measured around the base of the tree
• To prune more than a third of the outer edge of the canopy
• To undertake works which encroach within more than 10% of the Tree Protection Zone (like excavation or building works etc)

Exemptions may also apply, such as:

• If a Planning permit is required for tree removal
• For routine maintenance pruning for tree health
• If the tree is exempt for bushfire protection (Clause 52.12 Planning Scheme)
• If the tree is a listed environmental weed.

These rules help ensure we don’t lose important canopy cover.

If you're unsure, we always encourage you to check with us first — we’re here to help. For written advice on what permit is required for the work you can complete a request at Request Local Law permit for pruning or removal of a private tree - Frankston City Council

Yes. As with the current Tree Protection Local Law, the proposed changes apply to both public and private land where trees meet the permit trigger criteria.

The aim is to balance private property rights with broader community benefits provided by mature trees.

To determine which permit you require for your tree works you can request written advice through the following link: Request planning information for a property - Frankston City Council.

Then following these steps if a Local law permit is required:

1. Submit an application online. Request Local Law permit for pruning or removal of a private tree - Frankston City Council
2. Note whether you would like to be present when the Council arborist comes to inspect the tree. They will contact you to arrange a suitable time if you would like to be there
3. A qualified arborist will assess the tree/s. Each tree is assessed against the decision criteria listed in Clause 9 (2)
4. You’ll receive a decision and any conditions that apply within ten (10) working days

Depending on the permit application, if a tree is permitted to be removed, you may be asked to plant new canopy trees to help make up for the loss and keep our neighbourhood green into the future.

These replacement trees help ensure that Frankston’s leafy character continues for the next generation. If a permit is permitted for works within the Tree Protection Zone it may include methods that ensure the trees ongoing health is maintained such as hand excavation rather than machinery to protect any tree roots uncovered.

Permit applications are assessed using clear criteria set out in the updated Tree Protection Local Law Clause 9(2). Considerations such as tree’s health, structure, habitat value, safety considerations, direct property damage, unreasonable nuisance and how the tree contributes to neighbourhood character. This helps make the process fair, transparent, and consistent for everyone.

Removing or damaging a protected tree without approval may result in:

• An investigation by enforcement officers
• Infringement being issued
• Requirements to plant replacement trees
• Enforcement actions under the Local Law

These measures help ensure trees are valued as long‑term community assets.

The size criteria will stay the same to continue to capture trees that have the biggest environmental and neighbourhood value. Keeping this consistent also helps residents more easily understand when a permit is needed.

It was determined that a tree with a trunk circumference of 110cm measured around the base of the trunk has often achieved an age and height in which it contributes canopy cover that provides a benefit to the property and contributes to the surrounding landscape. Canopy trees provide:

• Shade and cooling
• Wildlife habitat
• Better air quality and stormwater management
• Neighbourhood character
• Overall community wellbeing

Mature trees take decades to replace, making their protection vital.

Yes. Exemptions apply for:

• Tree works that require a permit under the Frankston planning scheme
• Routine maintenance pruning (pruning less than a third of the tree’s canopy)
• Species declared environmental weeds (Schedule 2 of the Tree Protection Local Law)
• Bushfire protection (exemptions provided within Clause 52.12 of the Frankston Planning Schedule)
• A tree that is presenting an immediate risk of harm (Council may request photos to assist with assessment).

Full exemption details are included in the draft law.

We've proposed to remove a defence that has previously allowed private landowners to say they had no knowledge of a tree being removed or damaged.

This aims to increase accountability of owners, and ensure Council can take enforcement action against the removal or damage of trees without a permit, unless other exemptions apply.

The proposed new wording is consistent with the similar State legislation at s 126 of the Planning and Environment Act for using or developing land in breach of a scheme or being the owner of such land that was used or developed. The Supreme Court was supportive of such a proposition in recent case law.

Council’s local laws officers have seen several examples of significant trees dying after Council has rejected applications to remove the trees. Testing in some cases has revealed high levels of poison in the trees. Council has not been able to hold owners responsible for the deaths of the trees as the owners have used the current ‘no knowledge’ defence and have said they had no idea what happened to the trees.

The proposed changes to the local law would enable owners to be made liable in such circumstances

Yes. If you’re planning to develop or renovate, the first step is to determine whether your works require a planning permit or building permit, and whether any exemptions apply.

If a permit is required for tree removal, the application will be assessed against the criteria in Clause 8 of the Tree Protection Local Law.

We recommend seeking advice from a qualified arborist to understand:

• how the proposed works may impact the tree
• whether the tree is suitable and worthy of retention (explore alternative construction or design methods)
• what tree protection measures could be put in place to ensure it remains healthy and structurally sound

Depending on the health and condition of the tree, Council may issue a permit for removal with a requirement to replace the canopy elsewhere on the property.

You can participate by:

• Completing the online survey
• Submitting written feedback
• Attending a drop‑in session for further information

We welcome all community input before the draft is finalised and presented to Council for adoption.

Once the community engagement period has ended at 11.59pm on 4 March 2026, feedback will be reviewed, and changes to the draft Local Law in March 2026. The Local Law will then be considered by Council for adoption in April 2026.

You can contact Council’s Environment & Sustainability team for help understanding the draft law, the permit process, or how changes may affect you. Email Environment@frankston.vic.gov.au