Gruyere Tree Pruning & Removal

There are specific rules around removing & pruning trees and foliage in Gruyere. 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 Gruyere below, check the Yarra Ranges Shire website, check the Dispute Centre of Victoria’s website or request a quote & advice from a local Gruyere arborist.

Gruyere – removing a tree on my own property

You are allowed to remove trees from your property in Gruyere 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).

Gruyere – 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 Gruyere? 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.

Gruyere – 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 Gruyere. 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 Gruyere?

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 Gruyere, 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 Gruyere?

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.

Gruyere 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’.

Gruyere 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 Gruyere – https://www.disputes.vic.gov.au/information-and-advice/trees/frequently-asked-questions-trees.

Gruyere is a suburb located in the Yarra Valley region of Victoria, Australia. It is situated approximately 45 kilometers east of Melbourne’s central business district and is surrounded by other suburbs such as Yering, Coldstream, and Seville. The area is known for its picturesque vineyards, rolling hills, and scenic countryside. The suburb of Gruyere is home to a variety of trees, including eucalyptus, oak, and pine trees. The area is also known for its beautiful cherry blossom trees, which bloom in the springtime. The trees in this area provide a natural habitat for a variety of wildlife, including birds, possums, and koalas. The natural environment in Gruyere is characterized by its lush greenery, rolling hills, and scenic countryside. The area is home to a variety of wildlife, including kangaroos, wallabies, and echidnas. The Yarra River runs through the area, providing a natural water source for the local flora and fauna. Arborists in Gruyere play an important role in maintaining the health and beauty of the area’s trees. They are responsible for pruning, trimming, and removing trees when necessary. Arborists also provide advice on tree care and maintenance, helping to ensure that the trees in Gruyere remain healthy and vibrant for years to come