45 Degree Rule

Overview

What is the 45 Degree Rule?

Council is trialling changes to the 45 Degree Rule exemption for tree removal and substantial pruning in Shoalhaven Development Control Plan 2014 (DCP). This trial period is set to commence on 16 August 2023, and will run for an initial twelve-month period.

The rule allows for the removal or substantial pruning of a tree if it is within 45 degrees of a lawfully erected building (e.g., a dwelling, garage, or outbuilding).

This means where any part of a tree is above a line 45 degrees from the vertical extension of the wall of any building measured from its base (as seen in the diagram below).

A diagram showing a 45 degree angle between a house and a tree

As part of the trial changes, the landowner must let Council and adjoining/adjacent landowners know of their intention to remove a tree in writing, at least five (5) business days before the tree removal is due to commence.

The self-notification process is not a consent/approval process. It is a notification tool to assist with data collection during the proposed trial period. 

Download the 45 Degree Rule fact sheet(PDF, 394KB)

For trees that can be removed without consent at any time, as identified in the Shoalhaven Development Control Plan (DCP) 2014, please view the exempt tree species list.

Eligibility criteria

If the tree is at IMMINENT RISK of falling contact the State Emergency Service (SES) immediately on 132 500.

If a tree poses an imminent risk to human life or significant property, it can be immediately removed without Council approval. You should contact the NSW SES or a qualified arborist for assistance.

If the tree is heritage listed, on land that is heritage listed or in a heritage conservation area, you will need to contact Council prior to the tree being removed.

When can I remove a tree using the 45 Degree Rule?

For a tree to be removed or substantially pruned, it must:

  • Pose a risk to human life or significant property in the short term. This is not the same as imminent risk. 
  • Be located within the same lot as the lawfully erected building and cannot be used to remove or prune trees on public land.

When can't I remove a tree using the 45 Degree Rule?

The tree must not:

  • Have a hollow or nest or be on an upward slope greater than 18 degrees.
  • Not be located on a heritage item, be a heritage item itself or located within a Heritage Conservation Area.
  • Be required to be retained by the conditions of a development consent or a Section 88B Instrument under the Conveyancing Act 1919.
  • Be protected by other legislation (e.g. threatened, or endangered species, clearing above the biodiversity offset scheme threshold).
  • Be located on rurally zoned land.  Provisions for tree removal on this land is managed by the NSW Government Local Land Services, not Council. 
  • Be located in the Jerberra Estate.

What do I do if I can't remove a tree using the 45 degree rule?

If the tree:

  • is not within 45 degrees of a lawfully erected building on your lot
  • does not pose a short term risk to the building
  • is located on a slope of greater than 18 degrees
  • is located on the Jeberra estate
  • has evidence of hollows or nests
  • is protected as part of consent conditions
  • is protected as part of 88B instruments for the property

An application must be submitted to Council via the NSW Planning Portal. Instructions on how to submit an application via the NSW Planning Portal can be found here.

If the tree:

  • is heritage listed
  • is located in a heritage conservation area
  • is located on heritage listed property
  • is located on rural zoned property

An application must be submitted to Council, please contact the Environmental Services Team for more information on 1300 293 111.

Important information

  • The landowner must inform the Council and neighbouring properties in writing of their intention to remove a tree at least five (5) business days before the removal is due to begin.
  • Tree removal that does not comply with the above criteria may be considered development without consent, which can result in enforcement action and potential fines to both the landowner and tree contractor.

How to notify Council

The notification to Council is to be signed by both the owner and the arborist who is undertaking the works.

Notify Council online 

Printable versions of the notification forms are available below:

What happens next?

Council will undertake 'spot checks' of the notifications to ensure that the tree being removed is consistent with the 45 Degree Rule exemption.

The self-notification process is not a consent/approval process. It is a notification tool to assist with data collection during the proposed trial period. 

For further questions or concerns, please reach out to our environmental services team.

Frequently asked questions

How does the tree removal notification process work?

As part of the trial changes, the landowner must let Council and adjoining/adjacent landowners know of their intention to remove a tree in writing, at least 5 business days before the tree removal is due to commence. 

The self-notification process is not a consent/approval process. It is a notification tool to assist with data collection during the proposed trial period.

The notification to Council is to be signed by both the owner and the tree removal contractor, and is to include the following information:

  • Property address.
  • Location of the tree to be removed on the site.
  • The size and species detail of the tree.
  • Reason for removal.
  • Provision of photographs of the tree from multiple angles to demonstrate compliance with the 45 Degree Rule criteria.
  • Confirmation that there are no exclusions from exemptions (heritage, consent conditions, 88B Instruments, etc.).

You can easily complete the notification process online through the council's website by following this link. A PDF version of the notification is also available if preferred.

Why does an arborist need to remove the tree?

It is important to hire appropriately qualified people to carry out tree works. Arborists have specific training and knowledge to safely remove trees and to recognise potential hazards.

The trial changes seek to ensure that:

  • Trees are removed to industry best practice and safety standards to protect tree contractors, landowners/residents, and their property.  
  • Unanticipated introduction of disease, damage, or future failure of surrounding trees is avoided/minimised.
  • Drainage issues are considered.

Alternative options are considered, including selective pruning to maintain the amenity of neighbourhoods and the intrinsic value of trees.

What is a short-term risk?

A short-term risk is a risk that the landowner believes will occur in less than one year that cannot be mitigated by alternative tree management approaches (e.g., selective pruning).

What is a 'tree removal'?

The rule uses the term tree ‘removal’ which includes complete removal of a tree or the substantial pruning of a tree.

What does 'substantially prune' mean?

Substantially pruning means to lop or otherwise remove a substantial part of the tree/vegetation.

What is the definition of a Tree?

Tree means a perennial plant with at least one self-supporting woody or fibrous stem, being:

a) more than 5m tall, or

b) more than 5m wide across the foliage crown or

c) having a trunk circumference of more than 500mm measured 1m above ground level.


For further questions and answers on tree removal on private land, please go to the 'Frequently asked questions' section of the Trees on Private Land page.

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