45 Degree Rule Exemption for tree removal

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).