45 Degree Rule Exemption for tree removal – proposed changes

You’re invited to provide feedback on proposed changes to the 45 Degree Rule Exemption for Tree Removal in Shoalhaven.

On 14 October this year, Council voted to support a Mayoral Minute to amend Chapter G4 Tree and Vegetation Management in the Shoalhaven Development Control Plan (DCP) 2014.

Council resolved to revert the 45 Degree Rule to the version that was in place prior to 16 August 2023, and to change the name of the policy to the Gordon Timbs 45 Degree Rule, in recognition of the Shoalhaven resident who was killed when a tree fell on his home in 1998.

Councillors also supported providing the community with a list of potential replacement native tree species.


What is changing

The 45 Degree Rule Exemption permits tree removal or substantial pruning within a 45-degree angle of a lawfully erected building, if the tree poses a short-term risk to the building.

Under the current rule, that was being trialled by Council, approval to remove a tree is not required however landowners must;

  • Notify the Council and neighbours before a tree is removed and;
  • Utilise a qualified and experienced arborist to remove the tree.

The proposed changes would see the rule’s previous version reinstated and landowners would not be required to;

  • Notify council and neighbours of tree removal
  • Utilise a qualified and experienced person to undertake the tree removal
  • Maintain evidence of compliance with the 45 Degree Rule

The draft amendments will be on public exhibition for review from 30 October until 29 November 2024.

Share 45 Degree Rule Exemption for tree removal – proposed changes on Facebook Share 45 Degree Rule Exemption for tree removal – proposed changes on Twitter Share 45 Degree Rule Exemption for tree removal – proposed changes on Linkedin Email 45 Degree Rule Exemption for tree removal – proposed changes link