Sometimes. Owning the land does not give you automatic permission to remove every tree on it. Whether you need a planning permit depends on three things: whether the tree is native vegetation, whether a planning overlay protects it, and whether a bushfire exemption covers it. Check all three before you cut.
Start with the bushfire exemption
If your property sits in a designated Bushfire Prone Area, you can clear any vegetation, including trees, within 10 metres of your house without a permit. You can also clear other vegetation (not trees) within 30 metres. In a Bushfire Management Overlay, the second distance becomes 50 metres.
The exemption applies to buildings used for accommodation that were built or approved before 10 September 2009. Read our guide to the 10/30 rule for the full detail.
Check whether the tree is native vegetation
Under the Victoria Planning Provisions, a permit is required to remove, destroy or lop native vegetation, including dead native vegetation, unless an exemption applies. The exemptions are listed in the planning scheme tables, and they allow removal only to the minimum extent necessary.
Look for a planning overlay
Zones and overlays can require a permit even where a general exemption exists. Councils flag these overlays as common triggers:
- Environmental Significance Overlay
- Vegetation Protection Overlay
- Significant Landscape Overlay
Mornington Peninsula Shire says many areas of the Peninsula have planning controls that may require a permit before anyone removes, lops or destroys vegetation. The Shire's own 2022 notice also lists heritage overlays among the controls that can protect plants.
What to do on the Mornington Peninsula
- Search your address on the Vic Planning map to see your zone and overlays.
- Call the Shire's Planning Services team on 5950 1010, or email [email protected].
- Try the Shire's myLot tool to check whether you need a permit.
- Hire a qualified tree professional. The CFA recommends this for tree removal.
Even when you need no permit
The CFA says to check with your local council about laws that protect native vegetation or significant trees, even where the bushfire exemption applies. Measure the distance from your house to the tree before you start, so you know which rule applies.
Questions people ask next
Can I cut a dead tree?
Dead native vegetation is still covered by the permit rule unless an exemption applies. Check first.
Do the rules differ between councils?
Yes. Overlays and local schedules vary by council area, so check with the council that covers your property.
Who do I call on the Mornington Peninsula?
Planning Services on 5950 1010.
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