Beenak Tree Pruning & Removal

There are specific rules around removing & pruning trees and foliage in Beenak. We’ve summarised the key information you need to make decisions about the trees on your own property or on your neighbour’s property. Read the latest rules for trees in Beenak below, check the Yarra Ranges Shire website, check the Dispute Centre of Victoria’s website or request a quote & advice from a local Beenak arborist.

Beenak – removing a tree on my own property

You are allowed to remove trees from your property in Beenak but some areas have vegetation/environmental/development overlays that restrict the removal of private trees. If you’re unsure of these restrictions, speak to your local arborist, visit the Yarra Ranges Shire tree rules website, call the council Customer Service Team or visit their offices (all details shown at the bottom of this page).

Beenak – pruning a tree on my own property

Yarra Ranges Shire has stated that ‘any foliage that is not confined to your property’s perimeter and has the potential to inhibit public access is considered an obstruction. Foliage obstructions can affect footpaths, pathways, roads and laneways, but more importantly, overhanging foliage presents a hazard to the public’.

When does the council make you prune your trees/plants in Beenak? You’ll need to clear foliage:

• vertically – foliage is to be cleared to provide at least 2.4 metres of clearance over footpaths/pathways/nature strips. Foliage is to be cleared to provide at least 3.6 metres of clearance over laneways
• horizontally – no foliage is to extend more than 10 centimetres beyond your fence line

Note: in some instances, private trees may infringe on vehicles using roads; if this is the case, Yarra Ranges Shire will contact the property owner to achieve the desired outcome.

Beenak – removing a tree or foliage from my neighbour’s overhanging tree

You might be in the position where your neighbour’s tree is overhanging your fence, what do you do? Can you cut back the branches of your neighbour’s tree that are coming over onto your property?

If you’re in this position, the first thing to do is to contact Yarra Ranges Shire to see whether the tree is protected or subject to an environmental overlay. If it is, you need a permit to cut it back.

If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line but, it’s always recommended that you speak to your neighbour first and discuss the tree rules in Beenak. This is known as the right of abatement, and is done at your cost, unless otherwise agreed. Unless you agree otherwise, you must return the branches & leaves to your neighbour as they remain their property. Discuss with your neighbour where you’ll put the cut branches.

Doesn’t my neighbour need to share the cost of cutting back the foliage in Beenak?

Under the right of abatement, you will need to pay the cost of the cutting/pruning but you can discuss sharing the cost with your neighbour as they might be happy to share the cost. Trees in Victoria are only covered under general property and common law, which states that your neighbour isn’t obligated to pay for the maintenance of their trees.

Are there laws that can force my neighbour to remove or cut back their tree?

The only applicable law that could assist you is bringing about an action of private nuisance, meaning that ‘someone’s act or omission substantially interferes with your use and enjoyment of your property’. You need to apply to the courts for a private nuisance claim, so we’d recommend you read the Disputes Victoria website (details below) first and then get legal advice.

Note: neighbouring trees that drop leaves, bark, sticks, flowers, fruit and sap into your front yard or backyard aren’t considered a private nuisance as this is seen as a ‘part of their normal life cycle and this doesn’t justify excessive tree pruning or removal’.

If you do proceed with court action, you need to show the nuisance is significant and unreasonable.

When deciding on your matter the court will consider:

• your neighbourhood’s general environment
• where the interference took, or is taking place
• what’s causing it
• how long it’s been happening and if it’s ongoing
• the impact on you
• if the interference was there when you moved in
• how useful or necessary the activity causing the interference is
• what reasonable people would think of the interference.

My neighbour’s tree is damaging my property in Beenak, what do I do?

If your neighbour’s tree is causing damage to your fence, this might be covered under the Fences Act. Damage like roots cracking pipes, foundations or pathways is usually covered under property law.

The Dispute Settlement Centres of Victoria recommends that gather as much information as possible (an arborist’s report showing that the tree caused the damage, photos of the damage and a quote for the costs of removal or repair) and speak to your neighbour first to try and agree on next steps as going to a local magistrate’s court is expensive and can often be avoided. Their tips for this conversation are to:

• be clear about your concerns
• listen to and acknowledge your neighbour’s point of view
• share any relevant quotes or reports you have requested from an arborist. This will help to give you an idea of maintenance costs to discuss
• stay calm, even if you think your neighbour is being unreasonable.

Can I stop my neighbour from planting big trees in Beenak?

You might be concerned that your neighbour is planting large trees that will cause you problems, shade your property/block your light, drop branches or block your view, do you have any rights to stop them? In Victoria, there are no specific rules or regulations that can force a property owner not to plant big trees. The advice from the Dispute Settlement Centres of Victoria is to first discuss the issue with your neighbour and, if this doesn’t work, get independent legal advice.

Beenak Street Nature Strip Trees

Removal – Yarra Ranges Shire has stated that ‘we will only remove trees if they are dead, dying or hazardous or where the tree is causing damage to adjacent structures and there are no other viable management solutions available’. They have also stated ‘we do not authorise the removal of any street trees or park trees by residents. It is an offence for anyone other than fully qualified and trained Council staff to remove or to arrange the removal of any trees in parks or streets.’

Pruning – Yarra Ranges Shire has stated that ‘It is our responsibility to maintain the tree and every effort is made to establish the tree within the first two years after planting so that it can survive on its own’.

Beenak Tree Rule Websites

See the current Yarra Ranges Shire tree rules at https://www.yarraranges.vic.gov.au/Environment/Trees-and-vegetation or contact the Yarra Ranges Shire at 03 9294 6905. The Yarra Ranges Shire website covers rules that relate to council trees but you can also see the Dispute Settlement Centre of Victoria website for more information on private tree removal in Beenak – https://www.disputes.vic.gov.au/information-and-advice/trees/frequently-asked-questions-trees.

Beenak is a small suburb located in the Shire of Yarra Ranges, Victoria, Australia. It is situated approximately 70 kilometers east of Melbourne’s central business district. The surrounding suburbs include Launching Place, Woori Yallock, and Yellingbo. The area is known for its picturesque landscapes, rolling hills, and lush greenery. The different types of trees that can be found in Beenak include eucalyptus, acacia, and banksia. These trees are native to the area and are well adapted to the local climate. The eucalyptus trees are particularly prevalent and are known for their distinctive scent and beautiful flowers. The natural environment in Beenak is characterized by its diverse flora and fauna. The area is home to a variety of native animals, including kangaroos, wallabies, and possums. The local rivers and streams are also home to a range of fish species, including trout and salmon. The natural environment in Beenak is carefully managed to ensure that it remains healthy and sustainable for future generations. Arborists play an important role in maintaining the health and beauty of the trees in Beenak. These professionals are trained to identify and treat a range of tree-related issues, including disease, pests, and structural damage. They also provide advice on tree planting and maintenance, helping to ensure that the trees in Beenak continue to thrive for years to come