Does the tree protection zone extend onto neighbouring land?
Yes. A tree’s protection zone can cross property boundaries.
For a protected tree, ACT City Services defines the TPZ as:
- the area under the tree canopy;
- the 2 m wide area surrounding the vertical projection of the canopy; and
- the 4 m wide area surrounding the trunk, measured at 1 m above ground level.
A different protection zone can also be specified through an approved Tree Management Plan (TMP).
Because these distances are measured from the tree and its canopy rather than the block boundary, the TPZ can extend from one property into another.
Example: A protected tree may be located 1 m inside your neighbour’s boundary, but if its canopy and associated TPZ extend across the boundary, part of your site can still be within that tree’s TPZ. Proposed excavation, foundations, services or construction access in that area may therefore need to consider the tree.
Reference: ACT City Services – Tree protection laws ? Tree protection zone – https://www.cityservices.act.gov.au/trees-and-nature/trees/tree-protection-laws
Short Answer
Yes. A Tree Protection Zone (TPZ) is based on the protected tree and is not confined to the property boundary, so it can extend onto neighbouring land. If part of a neighbouring protected tree’s TPZ extends onto your development site, works within that area may need to be addressed through the applicable tree approval or Tree Management Plan requirements.
Detailed Explanation
Under the Urban Forest Act 2023, protected trees have a defined Tree Protection Zone. ACT City Services' current guidance confirms that the zone comprises the area beneath the canopy, an additional 2 m around the vertical projection of the canopy, and the area 4 m around the trunk measured at 1 m above ground level. An approved TMP may establish another protection zone.
Importantly, ACT City Services expressly states that permission requirements for work that may impact a protected tree include trees on neighbouring public and private land.
The current Tree Management Plans and tree bonds guidance also recognises that a development site may affect a neighbouring lease even where there is no protected tree located on the development site itself. A TMP is required for development applications and for relevant building or driveway applications that may impact a protected tree.
Therefore, the property boundary does not truncate the TPZ. If the calculated TPZ of a protected tree extends across the boundary onto the development site, that portion remains relevant when planning excavation, building works, services, access and other construction activities.
No minimum block size does not remove the need for planning assessment.
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