Shoalhaven LGA, N.S.W, Australia

azrael · 16th December 2007, 11:03 PM

This LGA have one of the most unique T.M.O.policies ever...and very hotly debated by (Local) Arboists whilst it was in draft....particularly the 45o rule.
There was a landmark case for "man killed by tree" which underscored the Counil vote to adopt the policy exemption (Schdule 4).
Some other Councils have subsequently looked at adopting it as well but so far none have done so.
Planning Documents - Conditions of Use

azrael · 17th December 2007, 06:12 AM

To claify the essence of the 45o rule: it means if a tree of x metres in height is less then x metres from the building then it 's granted removal. So a 15m tree 12m from residence could be removed without question, or a 25m tree @ 20m from the building...and so on.
Mmm..I wonder who the tree height police are.

Eric Frei · 17th December 2007, 04:55 PM

That rule is due to the loss of a court case by council.

Remember the Timbs vs Shoalhaven case?

They lost at first but appealed then won.

Here's the link for document.

PDF Timbs vs Shoalhaven case

Eric Frei · 18th September 2010, 10:22 AM

A near miss as 30m tall park tree fails and just misses residents house.

Does council really care? - Local News - News - General - Milton Ulladulla Times

Quote:

16 Sep, 2010 10:51 AM

EUGENE Grimaldi doesn't feel safe inside his Kings Point home - and he says Shoalhaven City Council is to blame.

Mr Grimaldi, who lives in Harold Street, has lashed out at council over its tree policy in the wake of last Sunday week's windstorm.

He has accused council of failing to look after the welfare of Shoalhaven residents.

A 30-metre high tree came crashing to the ground at the rear of Mr Grimaldi's property on Sunday morning, missing his home by a couple of metres.

The exposed base of the tree shows there was very little holding it in place.

Mr Grimaldi told the Times last week that he had previously asked for the tree on parkland reserve to be removed because of its proximity to his home.

He was told the tree was safe and it was left in place.

Mr Grimaldi is now concerned about a number of other trees in the reserve which he fears have been weakened by the September 5 storm and could easily damage his home if they fall in the right direction.

And no-one, he says, can predict in what direction they will fall.

Mr Grimaldi said there was no need for trees so close to homes and believes they should be removed.

"How many times do you have to tell them (council) that we're not living in the bush," he said.

Mr Grimaldi previously fought with council for two years to have a number of trees removed from the reserve because of safety concerns.

He said council had assured him the trees were healthy and safe but they were found to be full of whiteants.

He said he was now gearing up to take on council once again.

"This has got me going even more," he said last week.

"Why should we have to live in fear?"

Mr Grimaldi isn't concerned just about his own family's safety.

He said the reserve was popular with children and believes council should be deemed negligent if someone is killed or seriously injured by a falling tree or branch because they have been told about the problem but are doing nothing about it.

"Would they live here under these conditions?" he asked.

Mr Grimaldi told the Times that he didn't have a problem with trees but he said they should be planted away from homes.

He said council should also be planting trees with decent root structures.

Mr Grimaldi is not holding his breath waiting for council to remove all the fallen trees and debris from the reserve given they have enough trouble mowing it on a regular basis.

"We're a lost little township," he said.

16th December 2007, 11:03 PM	#1
azrael Former Member Join Date: Dec 2007 Location: Earth Australia Posts: 234	Shoalhaven LGA, N.S.W, Australia This LGA have one of the most unique T.M.O.policies ever...and very hotly debated by (Local) Arboists whilst it was in draft....particularly the 45o rule. There was a landmark case for "man killed by tree" which underscored the Counil vote to adopt the policy exemption (Schdule 4). Some other Councils have subsequently looked at adopting it as well but so far none have done so. Planning Documents - Conditions of Use

17th December 2007, 06:12 AM	#2
azrael Former Member Join Date: Dec 2007 Location: Earth Australia Posts: 234	Re: Shoalhaven LGA, N.S.W, Australia To claify the essence of the 45o rule: it means if a tree of x metres in height is less then x metres from the building then it 's granted removal. So a 15m tree 12m from residence could be removed without question, or a 25m tree @ 20m from the building...and so on. Mmm..I wonder who the tree height police are.

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