Trees & vegetation / MORNINGTON PENINSULA
VPO1 or VPO2 on your property: what changes for tree removal?
Compare the VPO1 and VPO2 exceptions, check other tree controls and prepare useful information for Council and an arborist.
Give each tree a number and a specific question
Use the same numbers on photographs, your sketch and the brief. Separate the work you want from the condition of the tree and any unconfirmed permission.
Prepare a tree enquiry →VPO1 and VPO2 can both require permission to remove or prune vegetation on the Mornington Peninsula. The important difference is what each schedule protects and which exceptions it contains. VPO1 has specific exceptions for some young vegetation and maintenance pruning; VPO2 does not contain those same local exceptions. Neither code means every tree must stay, or that every garden job needs a permit.
Start with the exact schedule covering the vegetation. Use VicPlan to obtain the property report and map. Then describe the problem you want to solve: a branch near the roof, concern about a tree’s condition, or space for an extension. That helps establish whether you need planning clarification, tree advice or a different building layout before buying a report.
Can I remove or prune this tree?
Start with four facts: which tree or vegetation, where it sits, whether you propose lopping, pruning, removal or building nearby, and which current controls apply. VPO1/VPO2, Clause 52.37 canopy trees, native-vegetation rules and any permit or title restrictions are separate checks; passing one does not clear the others. Use a current VicPlan property report, a numbered sketch and photos, and record whether measurements are estimated.
Under Clause 52.37 as amended by VC315 on 23 September 2026, the statewide canopy-tree test now uses height at least 5 m and average canopy diameter at least 4 m; the older 2025 trunk-circumference element is not part of this current definition. The clause also distinguishes certain non-boundary trees on an already developed dwelling site from boundary canopy trees and includes a specific table of exemptions. That does not remove an applicable VPO or native-vegetation requirement. The lodgement date may matter for a pre-amendment planning application; ask Council which version applies rather than using a current shortcut.
The differences that matter
| Question | VPO1 — Township Vegetation | VPO2 — Significant Treelines |
|---|---|---|
| What is being protected? | The vegetated character and habitat of township areas. | Treelines and their landscape, cultural and habitat-corridor value. Introduced trees can contribute to that value. |
| Does it apply only to large native trees? | No. Its permit wording covers vegetation, not just large trees. | No. The same broad wording applies; non-native treelines can be significant. |
| Is there a local maintenance-pruning exception? | Yes, where the work preserves the vegetation’s stability, general form and viability. | That VPO1 exception does not appear in VPO2. |
| What about vegetation planted recently? | A local exception covers vegetation established for less than ten years, provided it was not required as landscaping under a planning approval. | There is no matching age-based local exception. |
These are differences between the schedules, not a complete exemption test. The parent Vegetation Protection Overlay clause also contains exemptions. Read it alongside VPO1 or VPO2.
“It’s dead” and “it’s near the house” need more detail
Council’s guidance specifically says VPO2’s dead-branch exception does not cover an entire dead tree. Both schedules refer to dead timber or branches; do not turn that wording into a general permission to remove a standing tree. Record whether the proposal concerns a dead branch, a whole tree or an immediate hazard. Council’s VPO explanation
The parent overlay’s emergency exception is limited to the part presenting the immediate risk. A concern about future damage is different from evidence of an immediate risk. An arborist can describe the condition and the work needed; a quotation saying “tree removal” does not settle the planning question. Clause 42.02-3
The local schedules also refer to single trees within 3 m of a dwelling or outbuilding, or overhanging a boundary, within their immediate-risk exception. Read that whole provision against the identified tree and proposed work. Proximity alone is not whole-project permission: Clause 52.37 has its own emergency and dead-tree tests, rather than a general 3 m dwelling exception. VPO1 section 3; VPO2 section 3; Clause 52.37-8
Can I clear vegetation for an extension?
Both schedules contain a conditional exception for vegetation needed for a dwelling, extension or outbuilding where no planning permit is required. It requires a granted building permit, limits removal to the footprint or within two metres of the proposed building, and excludes removal of trees with a trunk circumference greater than 0.35 metres within six metres of a road frontage. That is not permission to clear a site before designing the building. VPO1 section 3; VPO2 section 3
Where a planning permit is needed, identify the removal on the application plans. A building footprint drawn through a tree does not itself authorise removal.
What about a driveway or access track?
Both local schedules contain an exception for vegetation outside a road reserve needed for one crossing and access driveway no wider than 3.7 m. A separate exception concerns trees or branches obstructing vehicle access along an existing or approved track no wider than 3.7 m. Show which situation applies; neither is permission to clear a road reserve or ignore other vegetation controls. VPO1 section 3; VPO2 section 3
A tree can pass one test and still need another
The statewide canopy-tree control is a separate check in specified residential and township zones. Under the September 2026 version, an existing canopy tree is at least five metres high and has an average canopy diameter of at least four metres. Its boundary-tree definition uses six metres from the narrowest street frontage or 4.5 metres from the rear boundary. These measurements do not replace the different VPO tests. Clause 52.37-1 and 52.37-2
Example: a dated planting record shows that a tree was established eight years ago. That helps with timing, but does not establish whether planting was required by a planning approval. Check the endorsed landscaping plan before relying on VPO1’s exception. If that question is settled, check the canopy-tree control and other applicable requirements. In VPO2, the same record does not create an age exception.
If a permit is required
VPO1 calls for a vegetation management plan; VPO2 asks for the existing vegetation, proposed clearing, purpose, and revegetation or stabilisation proposals. Show watercourses and any relevant slopes above 20 per cent. Council may also need a qualified assessment of vegetation and habitat significance. Prepare that scope before buying a generic tree-health letter. Replacement planting or other conditions depend on the application; there is no single planting ratio stated across these schedules. VPO1 sections 4–5; VPO2 sections 4–5
Choose the next step before buying a report
For a single-tree enquiry, start with a numbered sketch, photographs, the work proposed and why it is needed. Add the property report, relevant title restrictions and any permit or landscaping plan. Label estimated dimensions; do not present them as measured facts.
If the tree’s condition or suitable pruning is unknown, start with an arborist. Ask what inspection or assessment is needed to compare retention, pruning and removal. Request a scope that answers that question; a report about health alone may not cover the planning information listed above.
If the facts are available but the permission or application requirements are unclear, use Council’s planning enquiry service. Identify the particular exception or missing requirement:
“For tree 1 and the work marked on the sketch, does this evidence establish the relevant VPO exception? Which other vegetation controls need checking? If an application is needed, what information remains outstanding?”
Keep the response with the sketch. Use it to scope any assessment, then give the contractor the agreed tree numbers, extent of work and relevant permissions when seeking a work quote. If an extension is driving removal, compare its layout with retention before finalising drawings: see DDO2 and VPO1 together.
AI can organise the brief; it cannot assess the tree
Use AI to arrange your tree numbers, supplied observations, photographs and Council questions into one brief. Keep observations separate from diagnoses: a photograph and generated description do not establish tree safety or habitat significance.
The VPO1 and VPO2 decision guidelines refer to a report by a properly qualified person where needed; they do not impose a universal AQF5 requirement. Check the actual report request or permit for its qualifications and scope. AI can draft your covering statement, but cannot replace that person's assessment.
Before paying for a removal quote: label each tree on a site sketch, add photos of the trunk/base/canopy and proposed works, note any earlier planting or endorsed landscape plan, and check historical aerial imagery for approximate context only—not proof of species, age, condition or lawfulness. Ask the arborist to scope inspection, access and disposal separately; a price without a documented scope is not a permission decision.
WHAT TO GATHER
A useful tree enquiry in three pieces
Example: “Tree 1 — prune the marked branch near the roof.” Keep the observation separate from a diagnosis of tree safety.
Photograph
Take a whole-tree view and a closer view of the issue from a safe position. Label both “T1”.
Sketch
Mark T1, the house, boundaries and proposed work. Label dimensions as measured, estimated or unknown.
Records
Add the current overlay report, relevant permit or planting records, and the exact work you want considered.
Give each tree a number and a specific question
Use the same numbers on photographs, your sketch and the brief. Separate the work you want from the condition of the tree and any unconfirmed permission.
Prepare a tree enquiry →