Which Kingston rule covers your tree?
This is the City of Kingston in Melbourne's south-east, the council for suburbs like Mentone, Mordialloc and Chelsea. Kingston says most private trees sit under either the planning scheme or its Community Local Law, and where the planning scheme covers a tree, that's the permit you apply for.
The local law is new. The Community Local Law 2025 started on 1 October 2025 and replaced the 2015 version, so older fact sheets may quote clauses that no longer exist.
Kingston's tree controls side by side
| What it covers | What needs approval | |
|---|---|---|
| Community Local Law 2025 | Trunks over 110 cm around at the base, multi-stemmed trees over that size, and replacement trees of any size | Removal, pruning outside council's guideline, and works in the root zones |
| Clause 52.37 canopy trees | Trees at least 5 metres tall with an average canopy of at least 4 metres, in residential and mixed use zones | Removing, destroying or lopping. On a lot with a house, only trees with a trunk within 6 metres of the street frontage or 4.5 metres of the rear boundary |
| Significant Tree Register (ESO3) | Trees listed in the City of Kingston Register of Significant Trees (May 2007) | A planning permit, lodged with a qualified arborist's report |
| Vegetation Protection Overlay 1 | Native vegetation in the overlay, other than plants under 2 metres tall or with a trunk under 50 mm across | Removing, destroying or lopping it |
Measuring a Kingston tree
The local law measures circumference at the base, where the trunk meets the ground. A flared base reaches 110 cm sooner than most people expect, so wrap a tape around it before deciding anything.
The canopy tree clause looks at height and spread instead. It changed on 24 September 2026 and some Kingston pages still show the older trunk test, so ask which version council is applying.
What Kingston wants to see, by reason
- Damage to the house, pipes or paving: photos, or a report from an engineer, plumber or builder.
- Health or safety: a qualified arborist's report with an internationally recognised tree risk assessment.
- Building work: the building permit or other development documents.
- A medical reason: a certificate from a relevant specialist.
- A planning application: the same evidence, plus a Certificate of Title dated within the last 90 days.
- Not the owner? The owner's written consent.
How to apply in Kingston
Ring before you lodge
Speak with a Vegetation Officer at council. They can tell you whether it's a Local Law or a planning matter.
Have everything ready
Kingston's online ePathway forms can't be saved halfway, so gather photos, reports and consent first.
Expect a site visit
A field officer inspects the tree, and council emails you the inspection date and then the outcome.
Plan the replacement
Approvals usually come with a replacement tree on the property and a photo emailed to council. That new tree is protected whatever its size.
What Kingston won't accept, and what happens next
Kingston says leaf litter, gutter cleaning, blocked views, shadowing and looks aren't reasonable grounds. Each application is decided on its merits.
A refused Local Law application can be appealed online: an independent arborist assesses the tree, and their recommendation is final. A refused planning permit can go to VCAT, the Victorian Civil and Administrative Tribunal.
What if a protected tree comes down without a permit?
Under the 2025 local law the maximum penalty is 20 penalty units, and an infringement notice is 10 penalty units. Council can also require the owner to plant a similar tree in the same or a similar spot.
A building or development permit doesn't guarantee approval to remove a protected tree.
City of Kingston tree removal permits: what to do next
We'd ring the Vegetation Officer before booking anyone, with a photo and a rough base measurement in hand. If the reason is safety, we'd commission the arborist's risk assessment first, because that report is what Kingston weighs. And we'd choose the replacement species early, since that tree is protected from the day it goes in.
Want an arborist to look at it?
Tell us the job and your postcode, and a local arborist calls you to talk it through.