45 Degree Rule Exemption for Tree Removal
Council is proposing to trial changes to the current 45 Degree Rule Exemption for tree removal in Shoalhaven Development Control Plan 2014 (DCP) for a period of 12 months. The proposed amendments to the DCP will help facilitate the trial.
The 45 Degree Rule Exemption has been in place since 2004 and allows the removal of trees in urban areas without Council consent, subject to certain criteria.
The proposed trial changes follow a range of feedback provided by the community and industry through time. The proposal includes refinement of terminology and some additional criteria, including:
- A landowner determines that the tree poses a potential short-term risk (less than one year) to the lawfully erected building that cannot be mitigated by alternative tree management approaches (e.g., selective pruning).
- The tree must be located on the same lot that the building is located on.
- The tree must not include a hollow and/or nests (for example, stick bird nests), or be on an upward slope greater than 18 degrees from the building.
- The tree must be removed by an Australian Qualifications Framework (AQF) Level 3 arborist in accordance with the relevant Australian Standards. Tree removal is a highly specialised procedure requiring the skills and expertise of trained professionals to protect life and property.
- The landowner is to notify all adjoining and adjacent landowners/occupants and Council of the proposed tree removal in writing, at least 5 business days before the tree removal is due to commence. The notification to Council must also be signed by the arborist removing the tree/s.
The 45 Degree Rule Exemption is not being completely removed from Council’s Development Control Plan. The proposed changes do not alter a landowner’s ability to remove a tree that is a genuine imminent risk to human life and/or substantial property. Such a tree can be removed at any time. If you are concerned that a tree is an imminent risk to human life and/or substantial property, you should contact the NSW State Emergency Service on 132 500 immediately.
If a tree cannot be removed in the future under the proposed 45 Degree Rule Exemption, should the changes be adopted by Council, alternative pathways may still be available, including genuine imminent risk, the NSW Government’s 10/50 Rule, a Private Tree Permit, or as part of a development application with other works.
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Council Resolution
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At Council's Ordinary Meeting on 31 October 2022 (MIN22.790) it was RESOLVED
That Council:
1. Support the exhibition of the draft 12-month trial amendment to Chapter G4: Tree and Vegetation Management of Shoalhaven Development Control Plan (DCP) 2014, as shown at Attachment 1, for a period of 28 days as per legislative requirements, with an amendment to the notification period to 5 working days prior to tree removal, to allow for spot inspections that could result in the withdrawal of the exemption. The notification declaration is to be signed by the owner and the contractor.
2. Advise key stakeholders, including key relevant tree removal operators working in the Shoalhaven Local Government Area, of this decision, exhibition arrangements and the risk of fines for development without consent (i.e., tree removal that is inconsistent with Degree Rule exemption in Chapter G4 of the DCP).
3. Facilitate a tree contractor information session/workshop during the public exhibition period.
4. Commence the preparation of:
a. A data collection tool that will enable the efficient collection of the self-notification data relating to the 45 Degree Rule exemption.
b. An educational campaign relating to tree management and the 45 Degree Rule exemption, as outlined in this report, to be funded from a quarterly review .
c. The education campaign should be both social media and rolled out to every CCB to include and make clear where the 45 Degree Rule DOES NOT APPLY ie. - To a tree where that tree does not pose a demonstrable risk to the respective building.
i. Beyond the lot the lawfully erected building is located on, which includes public land.
ii. To land in the Jerberra Estate (already the case as outlined in the DCP).
iii. To trees with hollows or nests.
iv. To trees on upward slopes greater than 18 degrees.
v. To the removal of trees on land zoned RU1 Primary Production and RU2 Rural Landscape (already the case as outlined in the DCP).
5. Receive a further report:
a. On the draft amendment following the conclusion of the public exhibition period.
b. After the 12-month trial operation period of the amended 45 Degree Rule exemption, that includes an analysis of data received during this period and recommended next steps. An interim report is to be received at 6 months.
c. On a quarterly basis as a compliance review, with data on those who:
i. Would have unlawfully removed trees had it not been for the spot inspection.
ii. Have unlawfully removed trees and vegetation under the 45 Degree Rule exemption.
6. Commence the preparation of an Urban Greening Strategy for Shoalhaven, including the identification of funding required to prepare the strategy.
7. Not progress an amendment to Shoalhaven DCP 2014 regarding an additional exemption for the clearing of asset protection zones (MIN22.229).
Who's Listening
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Phone 1300 293 111 Email jenna.tague@shoalhaven.nsw.gov.au