Understanding Tree Removal Exemptions Under Clause 52.48 of the Victorian Planning Provisions

Regular applicants for vegetation removal permits will likely be aware of Clause 52.48 of the Victorian Planning Provisions. This clause provides significant exemptions from planning permit requirements under the banner of “Bushfire Protection: Exemptions.” These exemptions can substantially streamline development or management activities—provided they’re properly understood and applied.

A recent VCAT case, Rescom Aqueduct Langwarrin Pty Ltd v Frankston CC [2016] VCAT 1573, provided further clarification on the intent and scope of these exemptions. Here’s a summary of what’s permitted under Clause 52.48 and how it may affect your site or project.

Key Exemptions Under Clause 52.48

1. Around Buildings Used for Accommodation (Clause 52.48-1)

Planning controls around vegetation do not apply to:

• Vegetation (including trees) within 10 metres of an existing building used for accommodation.

• Vegetation (excluding trees) within 30 metres of an existing building used for accommodation.

• Vegetation (excluding trees) within 50 metres of an existing building used for accommodation, if the land is within a Bushfire Management Overlay (BMO).

To qualify, the building must have been constructed or approved before 10 September 2009.

2. Along Fence Lines (Clause 52.48-2)

The planning scheme does not apply to the:

• Removal, destruction, or lopping of vegetation within a combined 4-metre width (i.e., up to 2 metres on either side) of an existing boundary fence built before 10 September 2009.

• Applies to all boundary types, including front fences and fences along roads or reserves.

However, vegetation cannot be removed on one side of a fence if the other side has already been cleared to 4 metres or more. The exemption does not allow 4 metres of clearing on both sides of the same fence.

3. Other Exemptions (Clauses 52.48-3 to 52.48-5)

Additional exemptions apply to vegetation removal or works that support:

• Community fire refuges

• Private bushfire shelters

• Creating defendable space for a dwelling

Where These Exemptions Do Not Apply

These exemptions apply broadly across Victoria except in Melbourne’s inner and middle ring suburbs - unless the land is in a Bushfire Management Overlay or specified by the schedule. Exemptions generally do not apply in the following planning schemes:

• Banyule, Bayside, Boroondara, Brimbank, Darebin, Glen Eira, Greater Dandenong, Hobsons Bay, Kingston, Knox, Maribyrnong, Maroondah, Melbourne, Monash, Moonee Valley, Moreland, Port Phillip, Port of Melbourne, Stonnington, Whitehorse, and Yarra.

Interpreting Clause 52.48: Key Learnings from VCAT

In Rescom Aqueduct Langwarrin Pty Ltd v Frankston CC, several important legal interpretations were made that can guide how Clause 52.48 should be applied:

Q1: Do the exemptions only apply when the vegetation is removed for bushfire protection?

VCAT said no. The exemption does not require proof of intent. Even if vegetation is removed for development advantage (not bushfire protection), the exemption still applies. This was consistent with the earlier decision in Nillumbik SC v Potter [2010] VCAT 669.

Q2: Can the 10-metre rule apply to a dwelling on a neighbouring lot?

Yes. The Tribunal found that Clause 52.48-1 can apply to vegetation within 10 metres of a neighbouring dwelling. This supports the aim of creating defendable space around accommodation buildings—even across lot boundaries.

Q3: Does the fence-line exemption apply to all fences and both sides?

• Yes to vegetation on the fence line.

• Yes to front and roadside fences.

• No to clearing on both sides beyond 4 metres total. Clearing must be shared across both sides of the boundary.

VCAT acknowledged the ambiguity in the current drafting and supported calls for legislative clarification.

Why This Matters

Understanding these exemptions can save applicants considerable time, effort, and cost in navigating tree and vegetation removal rules—especially in bushfire-prone areas. At AUDITREE, we assist clients in applying these exemptions correctly and ensure they’re integrated into broader planning strategies without unnecessary delay or regulatory conflict.

If you’re unsure whether Clause 52.48 applies to your site or project, get in touch. We’ll help you navigate the overlays and exemptions with confidence and clarity.