NSW Government
Planning

Delivering greening through planning controls

Cooler Places

A canopy of trees over cars parked in a street
 

Greening is a well-established area in local controls. Development control plans are a key tool councils use to regulate trees and other vegetation in local government areas.

Controls can be used to recognised the significant role that tree canopy and vegetation play in urban cooling.

Tree protection

Under Chapter 2 of State Environmental Planning Policy (Biodiversity and Conservation) 2021, local councils can issue a permit for clearing trees and vegetation that have been identified in a development control plan.

To protect tree canopy, local controls can be used to ensure that:

  • taller trees with a wider canopy spread and trunk diameter are protected
  • the cooling value of the tree is considered when assessing a permit application
  • replacement trees are of an equivalent or suitable size
  • the species selected will provide cooling and shading for sites as soon as possible.

Examples

The NSW Government announced proposed amendments to the Biodiversity and Conservation SEPP Chapter 2 to address unlawful tree and vegetation clearing. This includes strengthening penalties and closing potential loopholes to improve tree protection. The proposals are set out in an explanation of intended effect, which is available for public comment until 5 pm on Wednesday 4 June 2025.

Deep soil

Deep soil is a landscaped area that is unimpeded above and below ground. It can support larger trees and a healthy canopy.

To enable trees and green cover to establish, thrive and provide cooling benefits, local controls can be used to define:

  • what is meant by a deep soil zone (for example, that there are no structures below ground such as underground car parks)
  • what physical features should be avoided, wherever possible (such as shallow bedrock, steeply sloping land)
  • minimum targets for all types of development and minimum dimensions for deep soil zones (such as a minimum width or square area or similar dimension)
  • suitable alternatives (for example, structural soils) where having deep soil areas can’t be achieved.

Examples

  • Randwick Council Development Control Plan 2013 Part C includes minimum deep soil surface requirements for low-density residential development. It also includes a minimum width of deep soil surfaces and specifies that deep soil surfaces do not include swimming and spa pools, paved areas, planter boxes or planted areas above basements, podiums, roofs or slabs.
Recommended definition of deep soil

Deep soil is a landscaped area connected horizontally to the soil system and local groundwater system beyond and is unimpeded by any building or structure above or below ground with the exception of minor structures*. Deep soil zones with a minimum dimension of 3 m allow sufficient space for the planting and healthy growth of new trees that provide canopy cover and assist with urban cooling and infiltration of rainwater to the water table. Deep soil also allows for the retention of existing trees.

*Minor structures are defined as:

  1. path, access ramp or area of paving with a maximum width up to 1.2 m
  2. essential services infrastructure (such as stormwater pipes) with a maximum diameter up to 300 mm
  3. landscape structures (such as lightweight fences, light poles or seating) requiring footing with a maximum size of up to 300 mm x 300 mm in cross section.

The 3 m dimension in deep soil refers to 3 m in every horizontal direction (length and width). This means deep soil is a minimum 9 m2 (3 m x 3 m).

New tree planting

Many councils have controls in LEPs and DCPs that set requirements for tree planting as part of new development. There are many ways to design controls for new tree planting that provide shade and cooling as well as contribute to broader canopy targets.

The NSW Government has established voluntary, evidence-based urban tree canopy and deep soil benchmarks at the precinct and individual lot scale. The development scale canopy benchmarks can be used to guide:

  • councils in developing planning controls in local environmental plans and development control plans (see City of Sydney example below)  
  • councils’ strategic planning documents such as street tree masterplans.

Development proponents can use the benchmarks when planning for canopy delivery on individual lots and streets during the later stages of planning.

The benchmarks are included for councils in the Greener neighbourhoods guide (PDF, 11.3 MB) (Chapter 6) as guidance only.

Examples

In late 2023, the City of Sydney exhibited an amendment to section 3.5 of the Sydney Development Control Plan 2012 that proposes deep soil targets and tree planting rates for different development types.

Landscaped areas

Landscaped areas support trees and vegetation, biodiversity, improved stormwater management and provide opportunities for recreation and leisure. Most development control plans include landscaped area targets (as a percentage of the site area) for different development types.

To help with cooling, landscaped area provisions can be used to:

  • define the landscaped area as a vegetated, pervious area
  • specify minimum landscaped areas for all development types
  • contribute to amenity outcomes of sites.

Examples

  • Clause 6.6 Landscaped areas of the Mosman Local Environment Plan 2012 includes minimum landscaped area requirements, with a larger percentage of landscaped area required for larger lot sizes.

Other types of green cover

For constrained sites, councils can include provisions and design guidance in planning controls to encourage the use of other types of green cover such as green roofs and walls.

Examples