Published on Monday, 8 June 2026 at 12:58:39 PM

In a first for local government in Western Australia, the State Administrative Tribunal (SAT) has upheld the Town of Bassendean’s decision to refuse an application for the removal of a ‘regulated tree’ on private property.

The Town understands this is the first reported SAT decision to affirm a local government’s decision to refuse a development application for the removal of a regulated tree.

The decision is a significant outcome for the Town and provides strong support for the implementation of Local Planning Policy No. 13 – Tree Retention and Provision.

Mayor Kath Hamilton said: “This determination by the State Administrative Tribunal reinforces the Town’s position that regulated trees are worthy of protection and that our tree retention policy has an important role to play in safeguarding Bassendean’s urban canopy.”

“It is an important outcome not only for the Town, but for local governments across Western Australia seeking to protect significant trees on private property.”

“The Tree Retention and Provision Policy ensures development and tree protection work hand in hand. It does not stop people from redeveloping their property; rather, it encourages thoughtful design that considers the preservation of regulated trees wherever possible,’ said Mayor Hamilton.

“By balancing growth with the protection of valuable tree canopy, the policy helps create greener, cooler and more liveable communities for current and future generations.”

Adopted by Council in September 2024, the Town’s amended Local Planning Policy No. 13 introduced new measures to protect significant trees on private property.

The Town was the first local government in Western Australia to adopt the model policy developed by the Western Australian Local Government Association, setting a new benchmark for urban tree protection across the State.

The policy ensures trees are considered at every stage of development and protects regulated trees on private property from removal and significant damage.

A tree is considered regulated if it:

• is over 8 metres tall
• has a canopy wider than 6 metres
• has a trunk circumference of 1.5 metres or more (measured 1.4 metres above ground)
• is not listed as a weed species on State or local area weed registers.

Exemptions apply to maintenance pruning and where tree removal or other damaging activities are urgently required for safety reasons, in accordance with an approved bushfire management plan, to prevent limb or root encroachment onto an adjoining property, or if the tree is on the Town’s unwanted species list.

In November 2025, the Town successfully prosecuted its first case of unauthorised removal of regulated trees. The court found the accused was aware that approval was required but proceeded with the work regardless. A penalty of $17,000 was imposed, along with an order to pay the Town’s legal costs.

To learn more about the Tree Retention and Provision Policy, click here.

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