Proposed changes to local tree felling rules are going on show to the public.
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Though Shoalhaven City councillors were divided on whether to send them out at all.
It's the latest development in the saga of the '45 degree rule' - a Shoalhaven City Council planning control which has been the subject of vigorous debate.
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A rescission motion, intended to block proposed changes, was put forth by councillors Greg Watson, Mark Kitchener and Serena Copley at the November 14 council meeting.
The original motion which councillors Watson, Copley and Kitchener tried to rescind was adopted at the previous council meeting, on October 31.
It was titled: Tree Management in the Shoalhaven - Proposed Trial Amendment to Shoalhaven Development Control Plan 2014 - 45 Degree Rule and Asset Protection Zone Clearing.
Proposed changes to the 45 degree rule included:
- there must be a demonstrable risk to a building;
- tree removal must be done by an arborist;
- trees with nests or hollows can't be felled;
- neighbours and council must be notified of tree removal at least 72 hours prior; and,
- the 45 degree rule doesn't apply to a tree on an upward slope greater than 18 degrees from the building.
Residents on both sides of the debate packed the public gallery on the evening of November 14.
Several made delegations to the rescission motion - both for and against changes to the 45 degree rule.
Among them, Carlene Timbs.
Her husband, Gordon Timbs, was killed when a tree fell on their home in 1998. Years later, the district court ordered Shoalhaven City Council to pay compensation.
Mrs Timbs said she was in favour of keeping the existing rule.
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"My husband Gordon was killed by an unsafe tree that he had applied on three occasions to have cut down," she said.
"The 45 degree rule that councillors want to change, and add more restrictions to, will add stress, cost and time to obtain approval.
"Please don't take our right away as residents of the Shoalhaven, if we have the fear of a falling tree. Common sense must come into the choice, to choose your life over an unsafe tree."
Retired horticulturalist Ian Little also spoke to councillors.
In his delegation, Mr Little said the existing 45 degree rule had flaws: it was open to interpretation, and didn't require professional input.
"There is a need for a proper system. Individuals with no training or background in tree management are really not the right sort of people to determine the health and management of a tree - it should be done by a qualified arborist," he said.
"The problem with the 45 degree rule is it's open to interpretation. If you draw the 45 degree line and one branch is inside that, what are you allowed to remove?
"Can you cut the whole tree down? Can you remove an offending limb? It's most unclear.
"And it encourages unlicensed and unqualified people to carry out dangerous work."
In his delegation, Mr Little suggested a 'simple process to make an application' along with opportunity for homeowners to get an arborist report for a tree of concern.
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Speaking in favour of the rescission motion, Cr Watson recalled implementing the 45 degree rule two decades ago.
"Myself and a couple of other councillors came up with the 45 degree policy, which was aimed at empowering residents to protect themselves, their properties, and their families from situations which, quite often, people are terrified about," he said.
"You can pick fault with it, but it served the city well for 20 years."
So, what now?
The rescission motion was lost, meaning proposed changes to the 45 degree rule will go ahead to public exhibition.
They will be publicly available and open for feedback for 28 days.
During this time, Council will also hold an information session with tree contractors.
A report will come back to council one public exhibition closes, containing all the feedback submitted.
As per the motion, council will then trial the rule change for 12 months.
When that year is up, the results will be analysed and council will decide on the next steps.
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