Rarely a Dull Moment - Trees, Local Laws, and Lost at Sea

A nice short and sharp meeting at only two hours on Wednesday night, 12 March 2025.

Read on for the highly anticipated protection of trees on private property, Local Laws, and the lost at sea.

TREE RETENTION – LOCAL PLANNING POLICY 2.26

Readers will likely remember this item from previous RADMs such as the 27 November 2024 OCM, and perhaps you commented on the proposal during the community engagement period?

An impressive 224 submissions were received by the City while this policy was advertised during 15 January 2025 to 12 February 2025. 76% supported the policy. 8% did not. 16% partially supported it. Most respondents advised they were Hilton locals.

Image of tree canopy courtesy of City of Fremantle

The WA Tree Canopy Advocates spoke to the item at the meeting, observing the “rousing unanimous” response of the Fremantle community towards this policy and commended the City on the “robust nature of their consultation” and the officer analysis, but voiced their desire for the City to follow the example of several other local governments and extend the policy further to include more residential areas and other zones.

Former councillor Bill Massie questioned the Council about how the City would deal with overhanging tree branches, trees that “grow too tall and have to be lopped”, palm trees, and what happens when tree roots impact sewer lines. The questions were taken on notice but in short, cutting overhanging branches would still be permitted along with routine maintenance, palm trees and weed species are excluded from this policy along with trees affected by recognised biohazardous threats and unavoidable approved bushfire mitigation requirements, and damaging roots would be on a case-by-case basis.

Trees that are 8m high or greater on Residential land with a density code of R30 and lower, and Development Areas, will be afforded protection under this policy. In detail:

Regulated tree means a living tree that:

is 8m or more in height; and / or
has an average canopy diameter of at least 6m; and / or
has a trunk circumference of at least 1.5m, measured 1.4m above the ground; and
is of a species that is not included on State or local area weed register.

The draft Tree Retention Local Planning Policy 2.26 (LPP 2.26) is based upon the policy template developed by the Western Australian Local Government Association and other similar examples adopted by nearby local governments.

LPP 2.26 seeks to “retain large canopy trees on private land in order to improve the urban forest, increase biodiversity, and counteract the urban heat island effect by encouraging site-responsible development”.

It responds to the regulation vacuum on this topic that currently exists at State Government level, despite the news that a Perth and Peel Urban Greening Strategy would be underway. Radio silence on that project since last June more or less, unless we’re mistaken.

Trees are most commonly lost at the development and subdivision stage, or where you’re mining for bauxite. Local governments across the Perth metropolitan are increasingly taking the bold step to adopt policies to protect what is left of our urban canopy from development pressures. Landowners and developers will be encouraged to design around mature trees and retain them in the setback areas instead.

Establishing this new policy requires some partial unravelling of other older polices, such as updating Local Planning Policy 1.7 – Development Exempt from Approval Under Local Planning Scheme No.4 (LPP 1.7) which currently exempts tree removal from requiring Planning Approval!

That policy will now preclude tree-damaging activity to regulated trees and where otherwise identified under LPP 2.26. Officer discretion can apply as to exactly what constitutes “tree-damaging activity” but we know that it does not include maintenance pruning as defined below:

Maintenance pruning means pruning that does not harm, or is not likely to harm, the health, stability, or long-term viability of a tree, such as:

removing dead or diseased wood; or
activity done to a fruit tree for fruit production; or
works to balance the tree; or
otherwise minor maintenance or thinning of the crown.

i.e. an overhanging branch.

Key concerns raised during the community engagement period for LPP 2.26 related to tree maintenance and safety concerns being more difficult to address, inappropriate tree species for small urban lots, potential inefficacy of the policy, perceived landowner rights infringements, cost, enforceability, a desire for the policy to extend to industrial areas as they are hotter, and fears that this will deter people from planting trees.

All points that are challenging but can be countered by this policy and by the existing planning framework to a limited extent where a proposal is designed to comply with the latest Residential Design Codes of Western Australia (R-Codes). R30-coded land and lower accounts for approximately 80% of the applicable City land and the R-Codes encourage tree canopy for higher density. Notwithstanding this, the policy has been updated to include land zoned ‘Industrial’.

The officer report noted that it isn’t anticipated that the new policy will introduce a substantial amount of additional work, provided that most tree removal proposals continue to be bundled in with development applications or other proposals to conduct works on private land.

All things going well, there’s potential for financial incentives to be offered for the protection of a mature tree on private land in the future.

One controversial aspect in the City over past years concerns the removal of trees as an outcome of City-led development. In response to this, the officer report recommended that the existing ‘Trees on City Owned or Managed Land Policy’ include the following additional section:

Tree Removal Due to City Development

If the City determines that a tree on City owned or managed land requires removal due to a City led or managed development, the City will replace the tree with a minimum of two trees. The replacement trees will have a minimum pot size of 30 litres and be capable of reaching a mature height of at least 8 metres. The trees will be planted in-ground at the location of the removed tree or in a suitable nearby location.

Cr Sullivan moved an alternative motion for when a regulated tree is removed that it is compensated for by “two replacement trees of minimum 30 litre pot size and capable of achieving a recognition as a regulated tree when mature” for their potential canopy value, rather than simply more trees expected to reach 8m in height. It was successful and therefore caried.

After extensive debate and deliberations, Council unanimously resolved to support the amended officer recommendation that it:

Notes the Community Engagement Report, provided in Attachment 1.
Adopts the amended Local Planning Policy 2.26 – Tree Retention, as provided in Attachment 2, and publish notice in accordance with Regulation 4(3) and 4(4) of the Planning and Development (Local Planning Schemes) Regulations 2015.
Adopts the updated Trees on City Owned or Managed Land Policy, as provided in Attachment 3, to better align with the new policy for private land, in part 2 above;
Amends clause 31 of Local Planning Policy 1.7: Development Exempt from Approval Under Local Planning Scheme No. 4 as shown below and determine that the amendment is minor and does not require advertising in accordance with Regulation 5(2) of the Planning and Development (Local Planning Schemes) Regulations 2015:

Removal of trees or vegetation areas except where:

they are identified on the Register of Significant Trees or Vegetation Areas;
they are required to be retained on a site through a condition of development approval; or
it involves tree-damaging activity to a regulated tree and is not exempt as set out in Local Planning Policy 2.26: Tree Retention.

Amends Local Planning Policy 2.23: Register of Significant Trees and Vegetation Areas to modify references to reflect the amended clause within Local Planning Policy 1.7 from 4. above, and determine that the amendment is minor and does not require advertising in accordance with Regulation 5(2) of the Planning and Development (Local Planning Schemes) Regulations 2015.
Request officers investigate opportunities for a potential amendment to the Local Planning Policy 2.26 – Tree Retention, to include all Residential Design Codes above R30 and bring a report back to Council for further consideration.

LOCAL LAWS

No small matter. The City has embarked on a review of all its Local Laws, as per section 3.16 of the Local Government Act 1995.

Any local laws that are due or overdue for a review are required to be targeted within the next two years as applicable, prior to 7 December 2026. Should any be missed, those local laws will automatically be repealed and the ones currently in danger of this are:

Activities in Thoroughfares and Public Places and Trading Local Law 2005
Alfresco Dining Local Law (No.2) 2014
Local Laws Relating to Dogs 1998
Health Local Laws 1997
Prevention and Abatement of Sand Drift Local Law 2002
Short Stay Accommodation Local Law 2008
Local Government Model By-laws (Signs, Hoardings and Billposting), No.13

Our oldest local law still in effect was last reviewed in 1997 (the Health Local Laws 1997). And our newest, the Parking Local Law 2021, was recently reviewed in 2021.

The first up for review shall be the Activities in Thoroughfares and Public Places and Trading Local Law 2005.

Once this kicks off, the City will be required to invite public comment for at least 6 weeks before making the decision to repeal, amend, or retain each local law.

Council unanimously resolved via an amended officer’s recommendation that it:

Accepts the City of Fremantle Local Law Review 2025 in accordance with section 3.16 of the Local Government Act 1995, and adopts the following schedule:

City of Fremantle Local Law	Review Timeframe
Activities in Thoroughfares and Public Places and Trading Local Law 2005	To be amended and brought back to Council within 3 months
Alfresco Dining Local Law (No.2)	Review to be brought back to Council within 18 months
Cat Management Local Law 2020	Review to be brought back to Council within 12 months
Local Laws Relating to Dogs 1998	Review to be brought back to Council before the end of 2025
Health Local Laws 1997	Review to be brought back to Council within 18 months
Parking Local Law 2021	Remain unchanged
Prevention and Abatement of Sand Drift Local Law 2002	Remain unchanged
Local Government Property Local Law 2002	Review to be brought back to Council within 12 months
Short Stay Accommodation Local Law 2008	Review to be brought back to Council within 6 months
Local Government Model By-Laws (Signs, Hoardings and Billposting), No.13	Review to be brought back to Council within 3 months

Approve that the following local laws, as provided in Attachment 1 and 2, remain unchanged:
- Parking Local Law 2021;
- Prevention and Abatement of Sand Drift Local Law 2002.
Authorise local public notice be given of the Local Law review, in accordance with section 3.16 of the Local Government Act 1995, and invite public submissions for a period of 6 weeks.
Note that a report will be brought back to Council which considers the submissions made, and any subsequent recommendations to the local laws identified in part 2.

FISHERS’ LOST AT SEA MEMORIAL

The report advises that this moving concept first arose from a “small group of passionate volunteers forming the W.A. Fishers’ Lost at Sea Memorial Association with the intention of collecting, researching and documenting tragedies that have befallen the WA Commercial Fishing, Pearling and Whaling Industries”.

Example of a sea organ – retrieved from City of Fremantle OCM Council Report Attachments

Cr Camarda moved a Notice of Motion to seek in principle support from the City of Fremantle to secure a “suitable location” for the memorial, in keeping with his heritage as a fourth-generation fisherman, member of the Fremantle Maritime Advisory Group on behalf of the Fremantle Professional Fishers Association, and current position of Vice Chair of the Western Rock Lobster Council.

This memorial will honour those who have lost their lives to commercial fishing in Western Australia since post-colonial early settlement. A sea organ will represent this history.

The Flatsea Memorial Presentation attached to the Council report reveals the sinking of the Mary in 1946 is believed to be the catalyst for the first Blessing of the Fleet event in 1948, a tradition which continues to this day.

James Paratore advised during Public Statement Time that more than 350 people have been lost at sea in their pursuit of “fish for our chips”, “thousands in pearling”, and many more yet to be recognised. 220 stories have been researched and published on the Association website.

The City officers consider that the memorial would be “best suited in a location with existing sea walls and deeper water, such as the inner harbour.” That would be subject to further approvals from the Department of Transport or Fremantle Ports, for instance.

Council unanimously resolved that it:

Supports the concept Fisher’s Lost at Sea Memorial Associations proposal to develop a Sea Organ Memorial in an appropriate location.

Request that a financial contribution of $10,000 be considered as part of the annual budget process to undertake a feasibility study.

“Where words fail, music speak”, as spoken by Hans Christian Anderson and recounted by James Paratore.

IN OTHER NEWS

The City agreed to the procurement of contestable energy (i.e. sites that on average consume “renewable energy supply from WA windfarms). Lightbulb moment, this recommendation includes the option for officers to apply natural power to street lamps.

That’s all for this one. See you next fortnight!

By Gayle O’Leary. If you’d like to catch up on more by Gayle here on Fremantle Shipping News, look right here!

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