Key amendments in the Bill include:

• providing for a new pathway to remove a regulated or public tree on design grounds outside of the Development Application (DA) and approval process in the Planning Act 2023
• introducing groundwork exemptions in the Urban Forest Regulation 2023, for certain low/medium impact activities that can be undertaken without approval, including:
  • excavation using hydro-vacuuming, air spading, directional boring beneath roots, or hand excavation; and
  • an increase to the prohibited groundwork thresholds if undertaken in accordance with Australian Standards
• increasing flexibility for minor works under section 32A of the Urban Forest Act 2023 with approvals being issued on-the-spot or within 10 business days for works that have a minor impact on the health or stability of a protected tree
• reducing legislated processing timeframes for applications to undertake damaging activities and prohibited groundwork (including tree management plans) under the Urban Forest Act 2023
• introducing a new power for authorised officers to direct a person to remove trees to safeguard people, animals, or property and other amendments to enhance enforcement under the Urban Forest Act 2023
• introducing a new power for the Minister to determine conditions for Canopy Contribution Agreements under the Act to provide flexibility, including for Territory Priority Projects
• extension of the timeframe for an applicant to apply for an internal review when their application has been refused under s 133 of the Urban Forest Act 2023
• other minor and technical amendments to improve the operation of the urban forest and planning legislation.

Further information about the Bill is provided in the Fact Sheet.

To support these improvements, draft Guide for Tree Removals on Design Grounds and Urban Forest (Approval Criteria) have been developed for public consultation.

The Bill (Parts 2 and 3) will amend the Planning Act to provide that a proponent of a development proposal may apply to the territory planning authority for approval to remove a regulated tree or a public tree affected by the proposed development on design grounds. The removal of a tree must facilitate the achievement of a desired planning outcome that is consistent with the territory plan.

The Minister for Planning and Sustainable Development will make guidelines setting out matters that may or must be considered by the territory planning authority when deciding whether to approve the removal of a tree. These guidelines will codify the decision making process that is undertaken when the removal of trees are approved on design grounds during the development approval process.

A decision will be made within 10 business days. The applicant must enter into a Canopy Contribution Agreement and a building approval or commencement under the Building Act 2004 must be issued before the tree can be removed. If a building approval is not required, the tree can be removed when the construction work commences. A tree management plan may be required for other trees on site.

The draft Guide for Tree Removals on Design Grounds explains how decisions will be made when tree removal is requested on planning and design grounds.

The guidelines will be made by the Minister for Planning and Sustainable Development under new section 144G in the Bill. They support the new pathway introduced in the Bill to remove a public tree or regulated tree on design grounds. They also increase efficiency by supporting a stand-alone application process with a 10-day turnaround.

The guidelines do not provide a new power for the Territory Planning Authority to remove trees. The current process for removing a tree based on design and planning grounds is through the Development Application (DA) process. It often involves a discussion between the Territory Planning Authority and referral entities such as the Urban Treescapes team.

The draft guidelines aim to make this process more:

• transparent – by clearly documenting the assessment and consideration process
• efficient – by setting out the application process and documentation requirements for a decision with a 10-day turnaround.

The draft guidelines were prepared by the Territory Plan and Planning Reform team in consultation with the Territory Planning Authority, Conservator of Flora and Fauna and the Urban Treescapes team.

The Bill, supported by the guidelines will provide a quick and easy way for proponents to obtain a decision from the Territory Planning Authority on whether tree removal could proceed on design grounds without needing to lodge a development application (DA) or tree activity application under the Urban Forest Act 2023.

The draft Guide for Tree Removals on Design Grounds considers the following criteria:

• the location of the tree and the availability of developable area within the block (area not covered by approved structures)
• tree species, quality and life expectancy
• planning outcomes and design impact.

For each of the criteria the guidelines step through factors favouring the retention of a protected tree and factors favouring removal of the tree.

The considerations to remove a tree based on planning outcomes and design impacts include:

• whether the development will improve the planning outcome to be achieved
• will it contribute additional dwellings to a site while effectively balancing site coverage with living infrastructure
• the mix of dwelling types and sizes proposed and whether it can assist in delivering a more compact and efficient city or efficient land use
• if the relevant tree is within or impacts an important ecological corridor for a district’s blue-green network or a strategic movement corridor
• the functionality of commercial centres, community facilities and other social infrastructure.

Applicants will be required to demonstrate that reasonable design alternatives have been considered, including at least one alternative design option that seeks to retain the tree where possible.

Consideration of alternatives may include, but is not limited to:

• relocation or reconfiguration of buildings and structures
• relocation or realignment of driveways, access points, or underground/overhead services
• adjustments to building footprint, layouts or setbacks
• tree retention and protection options.

A public or regulated tree may be approved to be removed on design and planning grounds if it:

• is associated with a future development
• will help achieve desired planning outcomes under the Territory Plan
• doesn’t impact protected matters.

The new process does not apply to heritage trees, culturally significant trees or protected matter.

To learn more, read the draft Guide for Tree Removals on Design Grounds.

Proposed changes include:

• introducing criteria that will allow a regulated or public tree to be pruned or removed when:
  • it has a history of dropping limbs; and
  • has large branches overhang a dwelling and present a moderate or higher risk to people, animals, or property.
• amending existing criteria to allow a tree to be pruned or removed if it’s damaging (or threatening to damage) a building, service or substantial structure, thereby:
  • providing decision-makers with greater flexibility to consider the impact a tree has on property damage; and
  • reducing the current threshold to provide more flexibility because the current requirement of the damage must be substantial (meaning $50,000 or more).
• updating the threshold for groundwork undertaken within the protection zone of regulated trees from minimal to acceptable to align with the threshold for groundwork within the protection zone of public trees.
• introducing criteria to approve pruning or removal for regulated and public trees when the activity is required in accordance with a Bushfire Operational Plan that has been approved by the ACT Emergency Services Commissioner under section 78 of the Emergencies Act 2004.
• updating the criteria to approve the removal of an advanced juvenile public tree to clarify that:
  • the tree only needs to be a juvenile and
  • to remove the replacement requirement from this instrument because applicants must enter a canopy contribution agreement under the Urban Forest Act 2023 if they are approved under this criteria and it is not necessary;
• introducing criteria for removing or pruning remnant trees outside the built-up urban area, in limited circumstances where the work is required, for example to maintain the health and structure of the tree, as a remedial treatment or for safety reasons;
  • these changes are proposed because remnant trees in future urban areas are not managed by Urban Treescapes and there is currently no pathway to approve pruning or damage to remnant trees if required.
• updates to the language used in the major pruning criteria for registered trees to align with the definition of damage in section 14 of the Urban Forest Act 2023.
• updates to the structure and examples have also been included.

To learn more, read the draft Urban Forest (Approval Criteria).