The 45 degree rule allows trees to be removed by the owner of the property without approval if it's within 45 degrees of a building.

Controversy over the rule was reignited mid-September after a group of about 30 protesters gathered over tree removal at the Huskisson Anglican Church site.

Minister for Planning and Public Spaces Rob Stokes in a letter to Shoalhaven City Council said he was concerned the policy was out of step with other councils.

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His letter was sent after independent MLC Justin Field wrote a letter of concern to the minister about the policy.

"While I strongly support local councils in determining planning rules and acknowledge the work council is doing to protect and enhance urban tree canopy in the Shoalhaven area, I agree with Mr Fields's concerns," Mr Stokes said.

"I appreciate that tree management requires balancing risk to public safety and property with the numerous benefits provided by trees. However, I am concerned that Shoalhaven's broad exemption is out of step with other councils.

"I would appreciate if you could look into this matter and investigate whether the amendments made to your Development Control Plan in 2004 have led to perverse outcomes."

The 45 degree rule was implemented after Gordon Timbs was killed when a tree fell on his home near Nowra Hill 17 years ago.

Shoalhaven City Council had previously rejected Mr Timbs's application to remove the tree.

The ensuing high-profile court case resulted in council paying about $750,000 in damages.

Shoalhaven City Council's Development and Environment Committee with consider the ministers letter on Tuesday, October 1.