Residents have the opportunity to provide feedback on proposed changes to the 45 Degree Rule Exemption for tree removal in Shoalhaven.
Council voted on Monday 14 October in support of 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.
“The 45 Degree Rule is an important measure that was implemented to save lives and enable residents to mitigate risks. The original version of the policy has achieved that goal for over 20 years,” Mayor Patricia White said.
“I encourage residents to have their say on the proposed changes, to ensure we continue to make informed decisions that reflect the wishes of our community,” Cr White said.
The current version of the rule, which was being trialled by Council, 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 (trial) rule, approval to remove a tree is still not required however landowners must:
- Notify the Council and neighbours before a tree is removed
- Utilise a qualified and experienced arborist to remove the tree.
The proposed changes that will be exhibited 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 proposed changes will be on public exhibition for review from 30 October until 29 November 2024.
To view the draft amendments and to complete the survey, visit Council’s Get Involved page.
