Vegetation clearing

Vegetation damage (clearing)

The CairnsPlan 2016 Planning Scheme defines vegetation damage (clearing) as follows:

Remove, cut down, ring bark, push over, poison or destroy in any way including by burning, flooding, or draining.

Assessable vegetation damage on private property and damage to public vegetation associated with development is Operational Works and requires a Development Permit.

Operation works vegetation clearing (Assessable Vegetation Clearing)

A high percentage of trees and vegetation within the Cairns region is located on private land, and this vegetation forms an integral part of our urban forest.

If a property owner wishes to remove or damage any vegetation on their property, a Development Permit for Operational Works (Vegetation Clearing) may be required. Any proposed vegetation damage on public land associated with development requires a Development Permit. Several checks need to be conducted before any vegetation can be removed from private property (accepted vegetation damage):

• type of vegetation
• location of the vegetation
• zone in which the subject lot is located
• whether the vegetation on the lot is contained within a development overlay area associated with vegetation clearing provisions as demonstrated within a Property Report
• whether the proposal meets each of the Codes’ acceptable outcomes
• whether a covenant or easement is registered that has specific conditions relating to vegetation management, and/or
• whether a development approval exists over the subject lot and conditions are in place for vegetation removal or retention.

See more information relating to submitting an Operational Works application for any assessable vegetation damage.

Refer to the Operational Works vegetation damage fact sheet ( PDF, 0.4 MB ) for more information.

Note: In the event that a resident / developer proposes to remove Public Vegetation which are not associated with a Development Approval or for the purpose of accepted development where a Development Permit is not required (i.e. removal of a street tree for the construction of an accepted Access Crossover and Driveway), Council consent for the vegetation clearing shall be firstly obtained, and then a Local Law Permit Application submitted and a Permit obtained.

Exceptional Trees

Trees make remarkable contribution to the social, cultural, economic and environmental vitality of our region. A tree is determined as exceptional through a range of factors. Trees may be considered exceptional due to their character, size, age, botanic, commemorative, cultural heritage, habitat or legislative. Commonly, exceptional trees often carry a high level of community interest and concern.

For private trees, the CairnsPlan 2016 Planning Scheme defines a Significant Tree as:

A tree greater than 7.5m in height when measured from the natural ground level to the top of the crown.

Public Trees applies to all trees on Council land and are the responsibility of Council regardless of who planted the tree. It is important to note that in accordance with Council’s General Policy, Management of Trees on Council Controlled Land, that residents or developers are not permitted to modify, prune or remove Public Trees or Vegetation without obtaining a Permit from Council. Any proposed removal of Public Trees or Vegetation to facilitate a proposed development, will firstly require the applicant / property owner to consult with Council regarding their proposed development and any identified conflicts with existing Public Trees and Vegetation.

Council aims to protect and enhance the network and ensure a balance between risks and benefits without compromising safety. Replacement Street Tree Planting is a requirement in accordance with Councils Street Tree Planting Guide and replacement planting will be a condition of a Development Permit. If you are looking for further information Council’s General Policy, Management of Trees on Council Controlled Land, is a great place for all there is to know about Public Trees and Council’s approach.

Council may request for a Tree Audit and a Retention Value Report, demonstrating an assessment that is in accordance with an industry accepted methodology, to be obtained by a private Certified 5 Arborist where proposed vegetation damage requires a development permit. This may be required to be submitted as part of the Permit application for any proposed removal of an Exceptional Tree.

Refer to the Exceptional Trees fact sheet ( PDF, 1.43 MB ) for more information.