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Clearing trees in Cairns — do you need approval?

Cairns Regional Council's planning scheme — the CairnsPlan 2016 — decides whether tree clearing needs a development application, and the answer depends on the zone your property is in. Below is what its table of assessment says for each zone; or check your own address.

In a low density residential zone

Accepted if you meet the requirements. Damaging or clearing vegetation in the Low density residential zone needs no development application under the planning scheme if it meets the Vegetation management code's requirements (code assessable if not, or in the Places of significance overlay); state vegetation laws apply separately.

I don't know my zone — choose my council instead

The zone is on your rates notice, or a Landbrief site report will find it for you.

Zone by zone

Operational work (vegetation clearing). Residential zones first.

ZoneWhat the table saysConditionsWhat you'll need
Low density residential zone Accepted if you meet the requirements Table 5.5.h if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Low density residential zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Low-medium density residential zone Accepted if you meet the requirements Table 5.5.j if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Low-medium density residential zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Medium density residential zone Accepted if you meet the requirements Table 5.5.l if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Medium density residential zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Tourist accommodation zone Accepted if you meet the requirements Table 5.5.x.1 / 5.5.x.2 if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Tourist accommodation zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Rural residential zone Accepted if you meet the requirements Table 5.5.r if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Rural residential zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Township zone Accepted if you meet the requirements Table 5.5.y if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Township zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Emerging community zone Accepted if you meet the requirements Table 5.5.d if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Emerging community zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Community facilities zone Accepted if you meet the requirements Table 5.5.a if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Community facilities zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Conservation zone Accepted if you meet the requirements Table 5.5.b if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Conservation zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
District centre zone Accepted if you meet the requirements Table 5.5.c if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: District centre zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Environmental management zone Accepted if you meet the requirements Table 5.5.e.1 / 5.5.e.2 / 5.5.e.3 if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Environmental management zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
High impact industry zone Accepted if you meet the requirements Table 5.5.f if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: High impact industry zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Local centre zone Accepted if you meet the requirements Table 5.5.g if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Local centre zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Low impact industry zone Accepted if you meet the requirements Table 5.5.i if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Low impact industry zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Major centre zone Accepted if you meet the requirements Table 5.5.k if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Major centre zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Medium impact industry zone Accepted if you meet the requirements Table 5.5.m if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Medium impact industry zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Mixed use zone Accepted if you meet the requirements Table 5.5.n.1 / 5.5.n.2 / 5.5.n.3 if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Mixed use zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Neighbourhood centre zone Accepted if you meet the requirements Table 5.5.o if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Neighbourhood centre zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Open space zone Accepted if you meet the requirements Table 5.5.p if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Open space zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Principal centre zone Accepted if you meet the requirements Table 5.5.q if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Principal centre zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Rural zone Accepted if you meet the requirements Table 5.5.s if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Rural zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Special purpose zone Accepted if you meet the requirements Table 5.5.t.1 if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Special purpose zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Specialised centre zone Accepted if you meet the requirements Table 5.5.u.1 / 5.5.u.2 / 5.5.u.3 if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Specialised centre zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Sport and recreation zone Accepted if you meet the requirements Table 5.5.v if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Sport and recreation zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Tourism zone Accepted if you meet the requirements Table 5.5.w if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Tourism zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Waterfront and marine industry zone Accepted if you meet the requirements Table 5.5.z if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes (Vegetation management code)If not met: a development application with code assessment. State vegetation check (not the council)Assessed against: Waterfront and marine industry zone code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)

Overlays that change the answer

  • Places of significance overlay. Building work (other than internal work that doesn't materially affect the place's cultural significance), and a use involving such building work, becomes code assessable; removal or demolition becomes impact assessable; vegetation damage becomes code assessable. (Building work, operational work and use rows in most zone tables (Tables 5.5.a–5.5.z))

Worth knowing in Cairns

CairnsPlan 2016 (Version 3.1), Part 5. Each zone (or zone precinct) has one table covering material change of use, reconfiguring a lot, operational work and building work; overlays change the category through 'IF within the … overlay' rows inside those tables, and where several IF rows apply the highest category wins (section 5.2(10)). Defaults (section 5.3): a material change of use is impact assessable unless the table says otherwise or the use isn't listed; reconfiguring a lot is code assessable; building work and operational work are accepted unless the tables say otherwise. Unusually, CairnsPlan makes ordinary building work (and minor building work) 'accepted subject to requirements' in almost every zone — it must meet the acceptable outcomes of the zone code and the Excavation and filling and Infrastructure works codes (or the Dwelling house / Dual occupancy / Multiple dwelling code on a residential site with one of those uses); accepted development that can't meet them becomes code assessable (section 5.4(2)). In the Conservation zone building work is code assessable (demolition is accepted subject to requirements). In the Principal centre zone a new awning or street canopy is code assessable. A building approval under the Building Act is still needed in all cases. Vegetation damage (operational work) is accepted subject to the Vegetation management code in every zone; state vegetation management rules apply separately. A dwelling house includes a secondary dwelling (granny flat); several tables tick a 'Dwelling house (Secondary dwelling) code'. Schedule 6 of the Planning Regulation 2017 can make a dwelling house or home-based business accepted regardless of these tables. Precincts: the Environmental management zone has precinct 1 – Residential and precinct 2 – Russell Heads (Tables 5.5.e.2, 5.5.e.3), with the same categories for these projects as the zone table. The Mixed use zone has only precinct tables (5.5.n.1 Commercial, 5.5.n.2 Trades and services, 5.5.n.3 Residential): a dwelling house and dual occupancy are listed only in precinct 3, a multiple dwelling only in precincts 1 and 3; a shop in an existing centre building is accepted only if under 500 m² gross floor area, and a department store or supermarket is impact assessable. The Specialised centre zone has only precinct tables (5.5.u.1 Hospitals and allied medical, 5.5.u.2 Showgrounds and major sport, 5.5.u.3 James Cook University): an office isn't listed in precinct 2 and a home based business only in precinct 1. The Tourist accommodation zone's precinct 1 – Islands (Table 5.5.x.2) lists no dwelling house or home based business (impact), makes a shop or café impact assessable unless inside an existing building (code), and subdivision impact assessable. The Special purpose zone's precinct 1 – Cairns South State Development Area (Table 5.5.t.2) is regulated by the State Development Area development scheme for uses and subdivision; rules here follow the Special purpose zone table (5.5.t.1). Local plans can vary the category through 'Applicable local plan codes'. Development by or for the council that is impact assessable is code assessable instead (section 5.3(4)). Benchmarks listed here leave out the individual overlay codes ticked in each row, summarised as 'Applicable overlay codes'.

What else you'll need

  • State vegetation check (not the council)

More about Cairns

Other projects in Cairns

Granny flatDual occupancySubdivideShed or carportExtensionPoolFence or wallHome businessTownhousesShop, café or officeDemolish

The statewide position on this project: Clear trees in Queensland.

Read from the CairnsPlan 2016 tables of assessment. General information, not advice. The council's planning scheme and the Planning Act 2016 decide — confirm with the council or a town planner before you build.