Changed 45 Degree Rule trial starts

August 16, 2023 11:34 am in by

Trial changes to the 45 Degree Rule will come into effect this week, requiring Shoalhaven residents 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.

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“Trialling these changes will provide the critical data needed for Council to assess the importance and relevance of this rule to our community,” said Mayor Amanda Findley.

“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,” Cr Findley said.

From Wednesday 16 August, 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 
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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.