45 Degree Rule Exemption for tree removal

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.

At Council's Ordinary Meeting held on 22 January 2024, Amendment No. 54 to Shoalhaven Development Control Plan (DCP) 2014 was adopted.

The Amendment includes changing the qualification required under the 45 Degree Rule from AQF Level 3 arborist to a ‘suitably qualified and experienced arborist’ along with changes to the relevant standards for tree works.

The Amendment will come into effect on Wednesday, 14 February 2024.

The amended DCP chapter will be available on Council’s DCP website from 14 February 2024.

The meeting minutes are available for viewing on Council's Agendas and Minutes web page.

The public exhibition for the proposed refinement of the trial 45 Degree Rule exemption for public exhibition (MIN23.613) in the Shoalhaven Development Control Plan 2014 (DCP) closed on 29 November 2023. Thank you for your input.

The policy was exhibited for 28 days. Council received a number of submissions, and the total engagement via this web page was 267. A summary of the results of the public exhibition will be reported to Council in the new year.

For more information on previous consultation and related Council decisions, please refer to the News Feed below and the Document Library on this page. We will continue to provide updates on this matter here.

On 23 October 2023, Council endorsed a refinement of the trial 45 Degree Rule exemption for public exhibition (MIN23.613). The proposed amendments include changing the qualification in the Rule from AQF Level 3 arborist to a ‘suitably qualified and experienced arborist’. Changes to the relevant standards for tree works are also proposed.

The Draft Amendment is on public exhibition from Wednesday 1 November to Wednesday 29 November 2023 (inclusive) on this Get Involved Page and the Documents on Exhibition web page.

The Amendment can also be viewed at the Nowra Administrative Building (Bridge Road, Nowra) and the Southern District Office (Deering Street, Ulladulla).

The exhibition package includes:

1. Explanatory Document
2. Draft Chapter G4: Tree & Vegetation Management
3. Public Notice

Submissions

Council seeks feedback by way of a written submission on the scope of the proposed changes. Before making a submission, please read the exhibition package to familiarise yourself with the proposed changes.

Please provide your feedback by completing the Online Feedback Form on this web page or through the Documents on Exhibition web page by 5 pm, Wednesday 29 November 2023.

A proposed update to the level of qualification required for an arborist to remove or substantially prune a tree under the 45 Degree Rule exemption will go on public exhibition next week.

Last night, Council endorsed exhibiting changes to the wording for the qualification in the Rule from AQF Level 3 arborist to a ‘suitably qualified and experienced arborist’. Changes to the relevant standards for tree works are also proposed.

This decision comes nine weeks into the 12-month trial amendment to the Shoalhaven Development Control Plan that also includes notifying Council and neighbours that a tree meeting the 45 Degree Rule criteria will be removed or substantially pruned, at least 5 days prior.

Council embarked on this trial amendment to introduce some protocols and gather intelligence on this long-standing policy of Council,

We have listened to those in the industry and after seeking legal advice and input from Safe Work NSW, believe this update to the amendment supports the intention and the concerns of some local arborists.

Submissions on the draft amendment are open Wednesday 1 November to Wednesday 29 November and the current provisions will remain in effect until any policy updates are made.

The Local Jobs Program is working with Shoalhaven City Council to identify the number of Aboriculture staff working with employers who already have a Certificate III qualification, or who may be interested in upgrading their qualifications to Certificate III Aboriculture to meet the new Council requirements.

This information will enable us to then work with registered training organisations to provide opportunities for upgrading qualifications and to identify any funding support needed for the training.

Please complete the Arborist Training Needs Online Survey by Sunday 8 October 2023.

Arborists and tree contractors are invited to attend an information session about the recent changes to the 45 Degree Rule, the new notification process and training opportunities available to upskill qualifications if required.

In June, Council resolved to amend the Shoalhaven Development Control Plan to trial changes to the 45 Degree Rule to improve the safety of tree pruning and removal and to gather data on the use of the rule across the city.

So far, more than 35 notifications have been submitted since the trial began on 16 August 2023.

This month, Council is hosting two free information sessions for arborists and tree contractors working in the Shoalhaven that will cover:

• Trial changes to the 45 Degree Rule – Council staff
• Training pathways and what’s available for qualifications – TAFE NSW
• Climbing safety, safety onsite and due diligence – Safe Work NSW
• Request for feedback about training needs – Illawarra South Coast Jobs

Where: Ulladulla Civic Centre - 81B Princes Highway
When: Wednesday, 27 September 2023
Time: 4pm to 6 pm

Where: Shoalhaven Council Administration Building - 36 Bridge Rd, Nowra
When: Thursday, 28 September 2023
Time: 4pm to 6pm

Industry professionals wanting to attend need to register through the Online RSVP form on this page, or by calling Council on 1300 293 111 by Sunday, 24 September 2023.

Trial changes to the 45 Degree Rule came into effect on 16 August 2023, requiring Shoalhaven residents to notify Council and neighbours that they will be removing or substantially pruning a tree that poses a short-medium term risk to property.

In June, Council resolved to trial the amendment to its Development Control Plan for 12 months to refine the 45 Degree Rule criteria and introduce a Council and neighbour notification requirement.

Council received 293 submissions during the public exhibition of the proposed amendment held in February and March with 57% supporting a change to the rule.

Trialling these changes will provide the critical data needed for Council to assess the importance and relevance of this rule to our community The amendments ensure that trees that pose a risk can be removed or substantially pruned under the rule and are done so in a safe manner.

From Wednesday 16 August 2023, anyone wanting to remove or substantially prune a tree under the 45 Degree Rule will need to notify Council and their neighbours at least five days prior to the tree works being undertaken.

The notification to Council will include:

• Property address and location of the tree
• Size and species detail
• Photographs of the tree
• Reason for removal or substantial pruning
• Confirmation that there are no exclusions: heritage, consent conditions, 88B instruments
• Confirmation that landowners and neighbours have been notified
• Confirmation that other approvals and consents have been obtained
• Name and contact details of the Level 3 qualified arborist who will remove the tree.

Notification can be done via Council’s website from Wednesday 16 August, when the rule comes into effect.

If a tree poses an imminent threat to life or significant property, residents can contact the NSW SES or a qualified arborist for assistance.

Trees can also be considered for removal via the development application or private tree permit approval process or the NSW Government’s 10/50 rule.

For more information, please visit Council's Trees on Private Land web page.

At Council's Ordinary Meeting held on 5 June 2023, Amendment No. 52 to Shoalhaven Development Control Plan 2014 (DCP) was adopted.

The Amendment refines the existing 45 Degree Rule Exemption in Chapter G4 of the DCP for a 12-month trial period and makes other minor housekeeping type changes to the Chapter.

The Amendment will come into effect on Wednesday, 16 August 2023.

The amended DCP chapter will be available on Council’s DCP website from 16 August 2023.

Council is now finalising the notification tool and dedicated Council webpage relating to the 45 Degree Rule.

The agenda for these meetings are available for viewing on Council's Agendas and Minutes web page.

Public exhibition of the Proposed Trial Changes in the 45 Degree Rule Exemption for tree removal in Shoalhaven Development Control Plan 2014 (DCP) closed on 31 March 2023. The policy was on exhibition for more than 54 days. We received 293 submissions and the total engagement via this page was 2,298.

The responses indicate that there is broad community support for the proposed changes - 43% of survey participants stated that they support the proposed changes with or without change. 14% stated they supported removal of the rule completely and 43% did not support the proposed changes to the 45 Degree Rule. This means that over 57% of respondents were supportive of change to the existing 45 Degree Rule. The broad range of views on the proposed changes to the 45 Degree Rule in the DCP have been noted and registered.

Thank you to everyone who participated for sharing your local knowledge and assisting Council to understand the views of the community on this matter.

Further information about previous consultation activities and related Council decisions is published in the News Feed below and in the Document Library on this page. We will continue to publish updates here.