Do I need a permit to remove a tree in Bayside in 2026?

I’m Chris from Bayside Trees in Black Rock. If a tree is too close to the house or dropping limbs, the question is usually: do I need a permit?

In Bayside in 2026 the honest answer is maybe. Three rule sets can apply, they can stack, and the owner is the one who has to get the permit. I can help you measure, explain the likely path, and arrange an arborist report if council wants one. I can’t promise I’ll “get the permit for you.”

I re-checked Bayside City Council’s pages in August 2026. Rules and fees change. Confirm on council’s permit guide or myLot before anyone picks up a saw.

Want a straight next step? Send a couple of photos and your suburb, or text 0402 080 770.

Do I need a permit to remove a tree in Bayside?

Often yes. In 2026 you can be caught by Clause 52.37 (canopy trees), VPO3 (native trees in Black Rock, Beaumaris and parts of Cheltenham), or Bayside Local Law (the 155 cm rule). Planning comes first. If planning is issued for that tree, council says you do not also need a Local Law tree permit for the same work.

What are the three rule sets?

1. Clause 52.37 (Canopy Trees) — statewide planning rule from 15 September 2025. Sits on top of the older Bayside rules.
2. VPO3 — extra planning protection for native trees in Black Rock, Beaumaris and parts of Cheltenham.
3. Bayside Local Law — the older size-and-register rule. Still applies if planning does not.

Some blocks also have a Heritage Overlay (where tree controls apply) or Significant Landscape Overlay – Schedule 1 on parts of Coral Avenue and Point Avenue in Beaumaris — check the planning information map.

How do I measure the trunk?

Use a tape. You want circumference — around the trunk — not the diameter across.

• Clause 52.37: measure at 1.4 metres up (about chest height). A “canopy tree” is more than 5 metres tall, more than 0.5 metres around at that height, and a canopy at least 4 metres across. All three.
• VPO3 and Local Law: measure at 1 metre up.
• Multi-trunk (Local Law): add the four largest trunks.

Then pace the yard. Under 52.37 a “boundary canopy tree” is a canopy tree whose trunk sits within 6 metres of the front (narrowest street frontage) or 4.5 metres of the rear. On a house that already has a dwelling, that front/rear strip can trigger planning even if a tree in the middle of the yard does not. On a vacant block, a canopy tree anywhere on the lot can need a planning permit.

What is Clause 52.37?

It is the 2026 canopy rule. It applies in Bayside’s residential and mixed-use zones. If you’re extending, the boundary-canopy trigger still matters. A 52.37 permit can come with replacement planting. Straightforward removals can often go through VicSmart — council’s page says typically 10 business days.

What is VPO3 in Black Rock and Beaumaris?

If you live in Black Rock, Beaumaris or parts of Cheltenham, you may also be in Vegetation Protection Overlay – Schedule 3.

VPO3 is about trees native to Australia. The trigger is smaller than Local Law: at least 2 metres tall, and more than 0.5 metres around at 1 metre up. A modest native can need planning here even when Local Law would not touch it.

Council’s page has an exemption for pruning branches that overhang a dwelling, or work within 2 metres of a dwelling — still photograph it. One tree under VPO3 can be VicSmart. Two or more usually means a standard planning application (about 60 statutory days, and it may be advertised).

What is the 155 cm Local Law rule?

If planning does not apply, Local Law still might. You need a Local Law permit to remove, destroy or lop a tree if the trunk (or the four largest trunks added together) is more than 155 cm around at 1 metre up, or it was planted as a condition of an old Local Law permit, or it’s on council’s Significant Tree Register.

Council looks at health, structure, location and your reason. Their apply form wants a reason and, for removals, an independent arborist report with a proper risk assessment. That’s the report I can arrange. It supports your application. It does not approve it.

A qualified arborist prune to AS 4373-2007, under 10% of the canopy, with before-and-after photos and a certificate, can avoid a Local Law prune permit. Roots need AQF IV; above-ground work needs AQF III. Significant Tree Register trees still need a permit for any prune.

Council’s page (checked August 2026) says Local Law applications take about 60 days. Don’t book the crew until the permit is actually in your hand.

Do palms need a permit in Bayside?

Under Bayside’s Local Law, palms, ferns and non-woody plants are not “trees.” A Local Law tree permit is not required to remove them. Two catches: planning can still apply if the plant is native to Australia and you’re in VPO3, and a Local Law permit is still required if it’s on the Significant Tree Register — there are palms on that register in Brighton.

What if the tree is an immediate risk?

Council’s exemption is for the part of the tree that is an immediate risk to people or property — and only that part. Photograph it first. If the rest still needs to come out, that remaining work can still need a permit.

I will not tell you “we’ll take the whole thing down tonight, no permit needed.” You wear the fine if that’s wrong.

After hours, if a tree is on a house, blocking an exit, or otherwise a storm emergency, call SES on 13 25 00. Life-threatening: 000. Council looks after public trees — nature strips, parks, foreshore. They do not clear a private backyard tree.

Who applies for the permit?

You (the owner) apply. Tenants and builders need the owner’s written consent. Start with myLot — it is guidance, not a council decision.

Then send me a couple of photos and the suburb — whole tree, the base, and anything it might hit (house, pool, fence, powerlines). I’ll tell you the likely next step: prune, remove, or report-then-permit. If council wants an arborist report, I can arrange that. The report is evidence. It does not guarantee approval. Once you have the permit, we can do the tree removal to whatever conditions are on it.

What do Bayside tree permits cost in 2026?

Fees go stale. These are what Bayside’s removal guide showed in August 2026, labelled 2026/27. Confirm before you pay — their apply form was still labelling the same Local Law numbers as 2025/26.

Local Law (as shown): prune first tree $135, each extra $39. Remove first tree $466, each extra $76. Planning (as shown): VicSmart $233.10.

Frequently asked questions

Do I need a permit to remove a tree in Bayside in 2026?
Maybe. Check Clause 52.37, VPO3 and Local Law. The owner applies. Start with myLot, then confirm with council.

How do I measure a tree for a Bayside permit?
Measure circumference, not diameter. 52.37 is at 1.4 m. VPO3 and Local Law are at 1 m. Multi-trunk Local Law: add the four largest trunks.

Who gets the permit — the arborist or the owner?
The owner. I can explain the path and arrange an arborist report. I cannot promise to get the permit for you.

What if the tree is dangerous tonight?
Photograph it. Council’s exemption is only the dangerous part. SES 13 25 00 after hours. 000 if life-threatening.

I’m a tree bloke in Black Rock, not a planner. Your block, overlay, title and any old permit on the land can change the answer. Confirm with Bayside City Council or myLot before you cut.

If you want a hand reading the next step, send a couple of photos and the suburb — Black Rock, Beaumaris, Brighton or anywhere else we work — or text 0402 080 770. I’ll tell you what I’d do, and I won’t start the saw until the paperwork is actually yours.