FAQs

Tree loss is often a consequence of development and requires management to ensure the incremental removal of trees does not cause negative effects on biodiversity, amenity and human health.

Respondents to the City’s 2017 and 2019 community surveys found that 97% agreed that the City’s bushland, trees and natural environment are important, and 96% wanted to see the integrity of the natural environment protected and enhanced.

The Policy aims to:

1. Encourage design and development that facilitates the protection and growth of trees worthy of retention;
2. Balance tree retention with built form and land use outcomes;
3. Maintain and increase canopy cover; and,
4. Maintain and enhance neighbourhood amenity, character and sense of place through the protection and enhancement of tree canopy.

The Policy aligns with, and balances the objectives of, the following:

• Kalamunda Advancing Strategic Community Plan to 2031
• Kalamunda Clean and Green Local Environment Strategy 
• Environmental Land Use Planning Strategy 

This Policy will apply to any person proposing the removal of any “tree worthy of retention”, unless otherwise exempt under the provisions of the Policy.

A tree worthy of retention is defined as any tree that is: 

1. Healthy specimens with ongoing viability if not disturbed; and,
2. Species is not included on a Commonwealth, State or local weed register; and 
   1. Height of at least 4m; and/or
   2. Trunk diameter of at least 160mm, measured 1m from the ground, and/or 
   3. have an average canopy diameter of at least 4m.

The definition of a tree worthy of retention is consistent with the definition of a ‘significant existing tree’ under the draft State Planning Policy 7.3 Residential Design Codes (R-Codes) – Volume 1 Low and Medium Density. 

The definition is also considered appropriate as it captures a range of tree shapes and sizes noting there is significant diversity in tree species throughout the City.

The benefits of maintaining and enhancing tree canopy cover are well studied and documented. These benefits include: 

1. Providing habitat for native fauna, including endangered Black Cockatoos;
2. Reducing the Urban Heat Island effect and ambient temperatures during heatwaves; 
3. Reducing air pollution, including carbon sequestration; 
4. Reducing water pollution by absorbing excess nutrients; 
5. Reducing erosion by retaining root structure; 
6. Improving mental health; 
7. Encourages outdoor activity and subsequently physical health; and 
8. Provides amenity and character to suburbs.

The Urban Heat Island (UHI) effect is a phenomenon that affects many millions of people worldwide. The higher temperatures experienced in urban areas compared to the surrounding rural and forested areas has enormous consequences for the health and wellbeing of people living in cities. The increased use of manmade materials and increased anthropogenic heat production are the main causes of the UHI. This has led to the understanding that increased urbanisation is the primary cause of the urban heat island.

One of the most effective ways to reduce the urban heat island effect is to retain and plant trees to increase canopy cover.

Exemptions for clearing of trees worthy of retention broadly include clearing: 

1. Where the proposed deemed-to-comply R-code requirements under design element 5.3.2 Landscaping have been achieved; 
2. For approved bushfire management measures; 
3. Of a Commonwealth, State or local weed;
4. Where there is an immediate danger to life or property; 
5. That is causing structural damage; 
6. Near proposed or existing effluent disposal systems or piped infrastructure; 
7. Within the required clearance distance from a power infrastructure as specified in Western Power or requirements and tree pruning and management is deemed by the City not reasonably practicable; 
8. of a palm tree or fruit tree; 
9. Within an approved orchard, vineyard, or timber plantation; 
10. In accordance with planning or building approvals granted prior to the adoption of this Policy.

 The Policy will not remove any exemptions currently in place for a single house, or alterations and additions (including incidental structures such as an outbuilding and patio) to single houses and grouped dwellings under cl. 61 of the Planning and Development (Local Planning Schemes) Regulations.

If you are seeking to remove a tree worthy of retention on your property that is not exempt, a development application will be required. 

Additionally, approval requirements may apply for clearing of native trees or vegetation under Part V of the Environmental Protection Act 1986. It is recommended that prior to any clearing, you liaise with the Department of Water and Environment Regulation to understand any requirements for a native vegetation clearing permit. Information regarding clearing permit exemptions can be found here: https://www.der.wa.gov.au/images/documents/your-environment/native-vegetation/Guidelines/A%20guide%20to%20the%20exemptions%20and%20regulations%20for%20clearing%20native%20vegetation.pdf 

Some trees are also protected under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 and require referral to the Department of Agriculture, Water and the Environment. An example of a tree protected under the EPBC Act would be a tree that provides potential breeding habitat or confirmed roosting habitat for endangered black cockatoos.

The Policy will not remove any development application exemptions that are currently in place under cl. 61 of the Planning and Development (Local Planning Schemes) Regulations. 

These exemptions broadly include development that addresses the deemed-to-comply provisions of the R-Codes:

• The erection of, or alterations or additions to, a single house on a lot (if adopted, proposed R-Code provisions will apply),
• The erection or installation of, or alterations or additions to, any of the following on the same lot as a single house or grouped dwelling (R-Codes apply); an ancillary dwelling; an outbuilding; an external fixture; a boundary wall or fence; a patio; a pergola; a verandah; a deck; a garage; a carport; a swimming pool; shade sails,
• The erection or installation of signage/ advertisements; a cubbyhouse; a flagpole,
• The installation of a water tank; solar panels.

Trees worthy of retention shall be retained and protected where any part of a tree protection zone is located greater than 2 metres from any exempt works.

The Policy will require the building to be sited in a location that avoids clearing of existing trees worthy of retention, where possible. In unavoidable circumstances, the City may approve the clearing of trees worthy of retention through the planning approval process.

Where any trees worthy of retention are proposed to be cleared, that are not exempt under the Policy, these will need to be replaced on the property at a rate of two trees for every one tree cleared. Where the property is of a size that cannot accommodate these requirements, an offset fee will be payable to the City to provide for planting of these trees in the localities, on your behalf.

Additionally, the Policy requires the retention or planting of at least one tree per 350m² of lot area for single houses and grouped dwellings. 

Where the site area per dwelling is less than 350m², at least one tree per dwelling is required.

In accordance with the existing R-Code requirements, development applications for multiple dwellings will need to provide:

• 2 trees for sites less than 700m²
• 3 trees for sites 700m² to 1,000m²
• 4 trees for sites greater than 1 000m².

Planting requirements in the following land use zones are proposed to achieve a minimum 10% tree canopy cover; Light Industry, General Industry, Industrial Development and Service Station.

Planting requirements in Centre, District Centre and Mixed Use land use zones are proposed to achieve a minimum 20% tree canopy cover.

The City will require landscaping plans with applications for development within these land use zones to demonstrate that these targets will be achieved.

Street trees are assets of the City and should be protected. The clearing of street trees as part of a development application will not be supported unless unavoidable development circumstances apply, and the City agrees, in writing, to the removal of a street tree. Any street trees removed will require the applicant to provide an offset payment, determined in accordance with a tree valuation methodology adopted by the City.

The offset payment will be used by the City to plant trees in the locality of the development.

The Policy will require any applications for new car parking areas to provide one tree per every four external (uncovered) car parking spaces. This requirement will necessitate a variation to the R-Codes, which only requires one tree per every six consecutive uncovered car bays.

Trees that are retained as part of a development approval will be required to be clearly tagged and protected through a condition of approval. This condition will require trees to be protected during development in accordance with Australian Standard 4970-2009, including establishing a Tree Protection Zone which restricts activities in proximity to the tree.

When a tree worthy of retention is removed without a valid approval and does not qualify for an exemption, this action will constitute a contravention of the Local Planning Scheme No. 3 and compliance action may be undertaken by the City.

The community’s feedback, particularly during this advertising period, is imperative as it will guide the final development of the Policy.

You may make a submission by:

1. Visit Engage Kalamunda (https://engage.kalamunda.wa.gov.au/)
2. Send your submission via email to enquiries@kalamunda.wa.gov.au 
3. Post to PO Box 42, Kalamunda WA 6926. 

The submission period for the Policy will remain open until 5pm, Friday 3 December 2021 . If you lodge a submission, the City will consider and respond to the comments received, and whether this should result in modifications to the Policy. 

A report will be presented to the Council, including a list of all submissions (with the details of submitters remaining confidential) and responses to submissions. The Council will then decide on whether to adopt the Policy and any modifications. 

Please contact the City of Kalamunda Strategic Planning Services during office hours on 9257 9999 or email enquiries@kalamunda.wa.gov.au