landbrief.

Clearing trees in Livingstone — do you need approval?

Livingstone Shire Council's planning scheme — the Livingstone Planning Scheme 2018 — 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

No planning approval needed. Clearing that is exempt work needs no planning approval, otherwise it must meet the development works code (separate State vegetation laws may also apply).

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 No planning approval needed Table 5.7.1 if it is exempt clearing work under the Planning Regulation 2017 (not residential or urban-purpose clearing)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Low-Medium Density Residential Zone No planning approval needed Table 5.7.1 if it is exempt clearing work under the Planning Regulation 2017 (not residential or urban-purpose clearing)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Medium Density Residential Zone No planning approval needed Table 5.7.1 if it is exempt clearing work under the Planning Regulation 2017 (not residential or urban-purpose clearing)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Emerging Community Zone No planning approval needed Table 5.7.1 if it is 'exempt clearing work' under the Planning Regulation 2017 (excluding residential clearing or clearing for urban purposes in an urban area)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Rural Residential Zone No planning approval needed Table 5.7.1 clearing is 'exempt clearing work' and not 'residential clearing' or 'for urban purposes in an urban area'If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code
Township Zone No planning approval needed Table 5.7.1 clearing is 'exempt clearing work' and not 'residential clearing' or 'for urban purposes in an urban area'If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code
Community Facilities Zone No planning approval needed Table 5.7.1 if clearing is 'exempt clearing work' (not residential clearing or clearing for urban purposes in an urban area)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code
District Centre Zone No planning approval needed Table 5.7.1 if clearing is 'exempt clearing work' and not residential/urban-purpose clearingIf not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Environmental Management and Conservation Zone No planning approval needed Table 5.7.1 if clearing is 'exempt clearing work' (not residential clearing or clearing for urban purposes in an urban area)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code
Limited Development Zone No planning approval needed Table 5.7.1 if it is 'exempt clearing work' under the Planning Regulation 2017 (excluding residential clearing or clearing for urban purposes in an urban area)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Local Centre Zone No planning approval needed Table 5.7.1 if clearing is 'exempt clearing work' and not residential/urban-purpose clearingIf not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Low Impact Industry Zone No planning approval needed Table 5.7.1 if clearing is 'exempt clearing work' (not residential clearing or clearing for urban purposes in an urban area)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code
Major Centre Zone No planning approval needed Table 5.7.1 if clearing is 'exempt clearing work' and not residential/urban-purpose clearingIf not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Major Tourism Zone No planning approval needed Table 5.7.1 if the clearing is 'exempt clearing work' under the Planning Regulation 2017 (not residential clearing or urban-purpose clearing)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Medium Impact Industry Zone No planning approval needed Table 5.7.1 if clearing is 'exempt clearing work' (not residential clearing or clearing for urban purposes in an urban area)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code
Neighbourhood Centre Zone No planning approval needed Table 5.7.1 if clearing is 'exempt clearing work' and not residential/urban-purpose clearingIf not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Open Space Zone No planning approval needed Table 5.7.1 clearing is 'exempt clearing work' and not 'residential clearing' or 'for urban purposes in an urban area'If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code
Rural Zone No planning approval needed Table 5.7.1 clearing is 'exempt clearing work' and not 'residential clearing' or 'for urban purposes in an urban area'If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code
Special Purpose Zone No planning approval needed Table 5.7.1 if it is 'exempt clearing work' under the Planning Regulation 2017 (excluding residential clearing or clearing for urban purposes in an urban area)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Specialised Centre Zone No planning approval needed Table 5.7.1 if it is 'exempt clearing work' under the Planning Regulation 2017 (excluding residential clearing or clearing for urban purposes in an urban area)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)
Sport and Recreation Zone No planning approval needed Table 5.7.1 if it is exempt clearing work under the Planning Regulation 2017 (not residential or urban-purpose clearing)If not met: accepted if you meet the requirements. State vegetation check (not the council)Assessed against: Development works code (clearing native vegetation)

Overlays that change the answer

  • Biodiversity Overlay. Within a biodiversity overlay (or near a waterway top of bank), a dwelling house/MCU, reconfiguring a lot, operational work (clearing/earthworks), and building work for a secondary dwelling or a standalone Class 10a building become code assessable (unless within an approved building location envelope). (Table 5.9.3)
  • Coastal Hazard Overlay. Within the erosion prone area or storm tide hazard area, a dwelling house/MCU and reconfiguring a lot become code assessable in the circumstances set out; building work (new/extension/fill/secondary dwelling) becomes accepted subject to requirements of the coastal hazard overlay code. (Table 5.9.5)
  • Heritage Place Overlay. Within or adjacent to a State or local heritage site (distance triggers of 5–50m by site), MCU, reconfiguring a lot, building work and operational work become accepted subject to requirements or code assessable, particularly where features/trees are altered, removed or demolished. (Table 5.9.8)
  • Landslide Hazard Overlay. Within the landslide hazard overlay (where slope not certified under 15%), MCU and reconfiguring a lot become code assessable, and building work involving >50m³ excavation/fill, a retaining wall ≥1m, or vegetation clearing becomes code assessable. (Table 5.9.9)
  • Scenic Amenity Overlay. Within scenic amenity management areas, coastal green break, coastal scenic transport route or coastline foreshore overlays, building work and MCU that are accepted become accepted subject to requirements (and code assessment escalates); reconfiguring a lot becomes code assessable; certain clearing/earthwork/advertising become ASR or code assessable. (Table 5.9.10)
  • Water Resource Areas Overlay. Within a water resource area, a dual occupancy or dwelling house becomes accepted subject to requirements; other MCU and reconfiguring a lot become code assessable; building work for a secondary dwelling and clearing become accepted subject to requirements. (Table 5.9.11)

Worth knowing in Livingstone

Minimum lot sizes shown are the ToA thresholds above which creating additional lots is code assessable; below those thresholds reconfiguring is impact assessable (the Reconfiguring a Lot Code Table 9.3.3.4.2 sets the detailed minimum lot areas/dimensions/frontages, which was not fully reproduced here). Note precinct variations: Rural Residential (Park Residential Precinct 4000m² vs 2ha elsewhere); Rural Zone (Capricorn Coast Rural Precinct 10ha, Class A/B Agricultural Land 60ha, otherwise 150ha); Rural and Township zones have a Yaamba Historic Township Precinct that changes dwelling house/building work categories. For shop_office the three uses (Shop, Food and drink outlet, Office) can differ — e.g. in centre zones a Shop/Food and drink outlet is often accepted/ASR if within an existing building but code assessable if a new building or drive-through, while in Township and Specialised Centre zones these uses are generally code assessable. The Seaspray Local Plan overrides the underlying zone for dwelling house, dual occupancy and building work within its precincts (dwelling house and dual occupancy are accepted subject to requirements). Overlays only change categories to the extent the premises is affected by the overlay, and overlay effects do not apply where the relevant overlay code's accepted-development acceptable outcomes are met. A separate building approval under the Building Act is required for building work even where planning categorises it as accepted. State Vegetation Management Act rules operate separately from the scheme's clearing provisions.

What else you'll need

  • State vegetation check (not the council)

More about Livingstone

Other projects in Livingstone

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

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

Read from the Livingstone Planning Scheme 2018 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.