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April 3, 2025

Going Out On A Limb

Clause 55 includes a new provision, 55.02-7 Tree Canopy.  This provision under the category of Neighbourhood Character includes the objectives of:

There are 2 requirements for tree canopy coverage based on the size of a site, minimum 10% for sites 1000 m2 or under and 20% for sites over 1,000 m2. Trees that make up the canopy cover can be a combination of existing and new trees, with standards for trees that are to be retained and a table used to calculate the characteristics of trees that would constitute the minimum coverage.

It appears that the standards in this provision would not be difficult to meet. The Townhouse and Low-Rise Guidelines prepared by the State government show 4 trees on a on an 850 m2 site and 5 trees on a 1500 m2 site. As the size of the site increase, so to does the size of the canopy. This is also a minimum standard and although an approved development may meet the minimum requirements, future owners have the ability to plant more trees and contribute to the canopy coverage.

But when you dig deeper there is more to it. The challenge is that a prescriptive standard is being applied to trees, and trees grow at different rates under different conditions and may not meet the desired standard. Possibly a foreshadowing of the potential challenges to come, this provision strays from the approach of a black and white prescriptive standard as, any tree required to be planted under this standard must be of species to the satisfaction of the responsible authority, having regard to the location and relevant geographic factors.

There are other options that can be implemented to achieve the objectives of reducing visual impact of buildings on the streetscape, being climate responsive, supporting biodiversity, well being and amenity and reducing urban heat which generally comes under the category of landscaping. Trees are not the only solution and may not suit all properties and all conditions.

CS Town Planning will continue to review and assess how development proposals test the application of Clause 55 standards and advise clients accordingly. 

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