Kingston tree permits: Edithvale to Carrum without the headache
I’m Chris from Bayside Trees in Black Rock. If you’re in Edithvale, Chelsea, Bonbeach, Carrum or Mentone, you’re in the City of Kingston — not Bayside City Council. The rules look similar. The Local Law trigger is different, and that trips people up.
Do you need a tree removal permit in Kingston? Often yes. Since 15 September 2025, Clause 52.37 (Canopy Trees) sits on top of Kingston’s older Local Law. Planning can apply first. Local Law still catches trees planning does not. You (the owner) lodge the permit. I can 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 Kingston Council’s private trees page on 14 September 2026. Fees and wording change. Confirm with council or a Vegetation Officer on 1300 653 356 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 tree removal permit in Kingston?
In most cases, yes — either a planning permit under Clause 52.37 or a Local Law permit. Kingston’s page says most trees are protected under the Planning Scheme or Community Local Law. If you want to remove a tree, or prune beyond Australian pruning standards, expect to apply.
A tree already protected under the Planning Scheme does not also need a Local Law permit for the same work. Once you know which path you are on, that saves a double application.
How is Kingston different from Bayside?
Same statewide Clause 52.37. Different Local Law size.
- Kingston Local Law: base circumference greater than 110 cm, multi-stemmed trees, or trees planted as a permit condition.
- Bayside Local Law (see our Bayside permit guide): more than 155 cm around at 1 metre up, plus Significant Tree Register and old permit replacements.
So a medium trunk that would miss Bayside’s Local Law can still need Kingston’s. If you moved from Brighton to Chelsea and assumed the same number, measure again. No suburb-wide VPO like Bayside’s VPO3 here. Check VicPlan for overlays and old permit conditions.
What is Clause 52.37 on a Kingston house lot?
Clause 52.37 started 15 September 2025. In residential and mixed-use zones it can require a planning permit to remove, destroy or lop a canopy tree.
Kingston’s page (checked 14 September 2026) says a canopy tree must meet all of:
- at least 5 metres tall from ground level
- canopy spread of at least 4 metres
- trunk circumference greater than 0.50 metres at 1.4 metres above ground
- and it is either within 6 metres of the front (narrowest street frontage on a corner) or 4.5 metres of the rear, or anywhere on a vacant lot
On a normal house block, the boundary strip is what usually triggers planning. Mid-yard trees can still fall under Local Law if they are big enough at the base.
How do I measure a Kingston tree?
Use a tape. You want circumference (around the trunk), not diameter across.
- Planning / 52.37: measure at 1.4 m (about chest height). Check height and canopy spread too. Then pace to the front and rear boundaries.
- Local Law: measure at the base. Over 110 cm around, or multi-stemmed, or planted under an old permit condition — Local Law can apply when planning does not.
- Photograph the whole tree, the base with the tape in shot, and anything it might hit (house, pool, fence, powerlines).
Still unsure? Kingston says call a Vegetation Officer on 1300 653 356 before you apply. Their forms cannot be saved mid-way, so have your evidence ready.
What reasons will Kingston not accept?
Council is blunt. These are not reasonable justifications on their FAQ (checked 14 September 2026):
- leaf litter and small tree material
- gutter maintenance and cleaning
- blocking of views
- shadowing of property
- aesthetic values (“it looks ugly”)
Reasons that can stack up, with evidence: significant infrastructure damage with no practical alternative, health and safety supported by a proper arborist risk assessment, constrained development with supporting docs, or medical reasons from a specialist. Property damage usually wants photos plus a report from a plumber, engineer or builder — not just “I reckon the roots did it.”
Local Law fee vs planning fee (as shown this month)
Fees go stale. Confirm before you pay. On Kingston’s private trees page on 14 September 2026:
- Local Law: $130 per tree (free for pensioners)
- Planning: $233.10
Council will usually want a replacement tree planted after an approved removal, with a photo sent back. A replacement planted under a permit condition is itself protected later — regardless of size.
Who applies, and what can Bayside Trees do?
The owner applies. If someone else lodges (tenant, builder, neighbour), owner’s consent is required.
I can measure height, trunk and canopy; tell you whether it looks like planning, Local Law, or neither from the photos; arrange a written arborist report when council asks for health/safety evidence; and do the tree removal once you hold the permit.
I will not cut first and sort paperwork later. Street trees are council’s — call 1300 653 356.
What about a neighbour’s overhanging tree in Kingston?
Council will not referee private neighbour tree disputes. Talk to the neighbour first. You can usually prune what overhangs your side, but only within Australian pruning standards — not a wall cut to the fence line that damages the tree. If you need mediation, the Dispute Settlement Centre of Victoria is the free government path Kingston points to. That is not legal advice.
Storm damage on private land: council does not clear it. SES 13 25 00. Life-threatening: 000.
What photos do you need for a Kingston quote?
Three is enough for most jobs:
- The whole tree
- The base (tape in the shot if you have one)
- The access and what it sits over (roof, pool, fence, powerlines)
Add the suburb and whether you already spoke to council. Text 0402 080 770, or use the form on our tree removal page.
Frequently asked questions
Do I need a tree removal permit in Kingston?
Often yes. Check Clause 52.37 first, then Local Law if planning does not apply.
What is the Kingston Local Law trunk size?
Greater than 110 cm circumference at the base, plus multi-stemmed trees and permit-condition plantings (council page, 14 September 2026).
Will Kingston approve removal for leaves, gutters or views?
No. Those are listed as not reasonable justifications.
Who lodges the permit?
The property owner. We can measure and report; we do not lodge for you.
Can you quote from photos?
Yes for many jobs. Send whole tree, base, access, and suburb.
I’m a tree bloke in Black Rock, not a Kingston planner. Confirm on Kingston’s private trees page before you cut. If you want a hand reading the next step from Edithvale through to Carrum, send the photos 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.