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Development

Development Building Regulated Significant Trees

Regulated / Significant trees

The Planning, Development and Infrastructure Act 2016 states that any activity which causes damage to a ‘regulated’ or ‘significant’ tree is classed as ‘development’ and requires development approval from Council (this includes tree removal or substantial tree pruning).

The PlanSA website provides detailed information and fact sheets on Regulated and Significant Trees.

What is a regulated tree?

A ‘regulated tree’ has a trunk circumference of 1 metre or more – or, in the case of trees with multiple trunks - that have trunks with a total circumference of 1 metre or more and an average circumference of 310mm or more – when measured at a point 1m above natural ground level.

What is a significant tree?

A ‘significant tree’ has a trunk circumference of 2 metres or more – or, in the case of trees with multiple trunks, that have trunks with a total circumference of 2 metres or more and an average circumference of 625mm or more – when measured at a point 1m above natural ground level.

A number of tree species are exempt from tree controls, either through their location or their species.

Further information can be found on the PlanSA website.

How do I lodge a development application for tree removal of tree pruning?

An application should be lodged via Lodge an application | PlanSA

The following information should be provided with your application.

  • Site plan A detailed site plan should show the dimensions of your block and the location of the tree as well as all other existing buildings. The site plan should also indicate the setback distances of the tree from property boundaries and existing structures.
  • Details of the tree This should include the species of the tree and circumference of the tree when measured at a point 1m above natural ground level.
  • Statement of concerns/issues This statement/letter should include concerns or issues that you have in relation to the tree. For example, past evidence of dropping limbs, health or other structural concerns.
  • Photographs of the tree Photographs of the tree should be provided including photos of the trunk and the whole tree.
  • Arborist report You may wish to provide your own arborist report which provides an assessment of the health and structure of the tree.

Please note that if your concern with the tree is solely related to root damage to underground pipes or damage to driveways/paving, this is not sufficient justification by itself, to support removal of the tree.

If Approved – Tree re-planting

If approval is granted for removal of a tree, it is expected that you will re-plant at least two (2) new trees for every Regulated Tree removed, or at least three (3) new trees for every Significant Tree removed.

This is to ensure that valuable tree canopy coverage is maintained.

Tree re-planting should be documented on your site plan.

Can a third party lodge a development application for removal or pruning of a regulated or significant tree?

A neighbour can lodge a development application to seek approval to prune or remove a regulated or significant tree. Should an application be made by a neighbour, the application will be referred to the owner of the tree to provide comment. It is important to note that even if approval for the removal or pruning of a tree on a neighbouring property is given, this does not give the applicant the right to act upon the approval – for this, you need the owner’s consent.

What if urgent work is needed to make trees safe?

In an emergency situation, work involving a regulated or significant tree can be undertaken without first having received a development approval.

Please note that you will need to first contact an arborist or suitable person in a position to be able to verify that the tree needed to be removed/made safe.

In this instance, as soon as practicable after the emergency work is undertaken, the owner of the tree must lodge a development application for the work that has been undertaken.

Where can I find further information?

Further information can be found at the PlanSA website.

Information about neighbours' rights and responsibilities in relation to trees can be found on the Legal Services Commission SA website.