Strict tree laws are stopping much-needed housing development in South Africa

A large vacant block in Adelaide’s burgeoning suburb is ready for development, but there’s one serious problem standing in its way – trees.

The 1.25ha Gawler East site at 70-72 Lyndoch Rd has many large trees on it, some of which may not be able to be removed.

Selling agent Oliver Grivell, of CBRE, said the tree report showed many of them would need to be kept under planning regulations unless the new owner got permission to remove them.

There was a lot of excitement in this area, he said many wanted to develop this area but it quickly changed when people who wanted to buy heard about the trees.

“There’s been a number of groups withdrawing their interest, that’s been very restrictive,” said Mr Grivell, who is selling the property with Ned Looker.

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Some of those trees may not be able to be removed.

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“It would be a problem for many areas of the region.”

While setting the boundaries, Mr Grivell said there was “an opportunity for some development” in the area.

It wasn’t the only site in the entire county where trees were showing signs of stopping potential development.

Master Builders Association of South Australia chief executive Will Frogley said changes to the 2024 rules were delaying development and creating a “log jam” at a time when many homes “needed it most”.

“Master Builders SA acknowledges that trees are important for cooling the urban environment and provide air and health benefits,” he said.

“However, builders always report that the problems they have with regard to trees in development areas have changed since the rules changed in May 2024.

“Applications take longer to be vetted for planning and are more expensive as a result.”

A development permit is required to legally remove a controlled or important tree in South Africa.

A tree is considered controlled if, when measured 1m above the ground, it has a single trunk with a circumference of 1m or more or multiple trunks with a total circumference of 1m or more and an average support of 310mm or more.

Similarly, a tree is considered significant if, when measured 1m above the ground, it has a single trunk with a circumference of 2m or more, or multiple trunks with a circumference of 2m or more and an average girth of 625mm or more.

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Trees may prevent any major development on the site.

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Master Builders Association of South Australia chief executive Will Frogley. Photo: Kelly Barnes.

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“In most areas you have to provide an arborist’s report for anything that is considered to be within the tree protection zone,” said Mr Frogley.

“Reducing the limit from 2m to 1m for controlled condition and reducing the house distance separation from 10m to 3m to free up the distance for more species included includes five times the number of trees in the controlled or important tree categories.

“Nearly all secondary applications for new housing development must now be accompanied by an expensive tree inspection report from an arborist to determine whether trees can be removed and whether they can be retained, determine critical root zones (CRZ), tree protection zones (TPZ) and tree-sensitive construction methods, where buildings are located within these TPZs.

“Councils always ask applicants to submit these reports even for their trees.

“Reports cost between $2000 and $5000 and construction is now more expensive to accommodate reserved trees with sensitive construction methods – for example the use of Air Spades, Hydrovacs, paved surfaces, root barriers and the involvement or supervision of arborists.”