45 Degree Tree Rule Policy Review

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.

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  • Project StatusCompleted
  • Last reviewed 07 April 2025

About the project

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: 

  • The tree must pose a demonstrable (actual) risk to the building.  
  • 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. 

For more information, please visit the 45 Degree Rule Exemption for Tree Removal - Proposed Trial Changes Get Involved web page.

Get Involved Website

Contact Details

Jenna Tague
1300 293 1111
jenna.tague@shoalhaven.nsw.gov.au

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