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Council is proposing to trial changes to the current 45 Degree Rule Exemptionfor 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 industrythrough 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 genuineimminent risk to human life and/or substantial property. Such a tree can be removed at anytime. If you are concerned that a tree is an imminent risk to human life and/or substantialproperty, 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 stillbe available, including genuine imminent risk, the NSW Government’s10/50 Rule, a Private Tree Permit, or as part of a development application with other works.
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Council is proposing to trial changes to the current 45 Degree Rule Exemptionfor 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 industrythrough 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 genuineimminent risk to human life and/or substantial property. Such a tree can be removed at anytime. If you are concerned that a tree is an imminent risk to human life and/or substantialproperty, 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 stillbe available, including genuine imminent risk, the NSW Government’s10/50 Rule, a Private Tree Permit, or as part of a development application with other works.
Stay Informed
To follow this project and receive updates, subscribe through the ‘Stay Informed’ tool on this webpage.
