Council adopts changes to 45 Degree Rule Exemption for tree removal

Published on 13 March 2025

Council will take the necessary steps to finalise the process to revert the 45 Degree Rule Exemption for tree removal in Shoalhaven to a previous version and rename the policy.

At Tuesday night's meeting Council resolved to proceed with Amendment No. 57 to Chapter G4: Tree and Vegetation Management and Chapter N20: Jerberra Estate of the Shoalhaven Development Control Plan (DCP) 2014, as exhibited.

The decision will see the 45 Degree Rule reverted to the version that was in place prior to 16 August 2023 (when the earlier 12-month trial changes commenced), and the name of the policy change 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.

The adopted change will permit tree removal or substantial pruning within a 45-degree angle of an approved building consistent with the provisions in the DCP.

Under the changes, residents will no-longer be specifically required to:

• Notify Council and neighbours before a tree is removed.
• Utilise a qualified and experienced arborist to remove the tree.
• Maintain evidence of compliance with the 45 Degree Rule.

Animal handlers are required to be on site for any tree removal where a hollow is identified.

Council will now update the policy and its website to reflect the changes. People who made a submission during the exhibition period, and key stakeholders including relevant, local, tree removal operators will also be notified of the finalisation of the changes.

It is intended that the changes will come into effect on 21 March 2025.

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