FAQ of the Preservation and Management of Trees and Vegetation

The Preservation and Management of Trees and Vegetation forms Chapter 3 of Kiama Development Control Plan 2012.

An application for permission to remove or prune trees (pdf 74 KB) is necessary for any tree management.

What is the process for applying for a permit?

• Obtain an application form (pdf 76 KB) - also available at Council's Customer Service desk.
  
  
• Fill in all the blanks on the form and sign it.
  
  
• Submit the form at Council's Customer Service Desk, post it or fax it to 4232 0555. Response is usually within three weeks of submission of the application form.
  
  
• A permit will be either left in the letterbox or posted to you if the application is successful.
  
  
• If your application is unsuccessful, a letter explaining the determination will be sent to you .

Why does Kiama Municipal Council require a tree permit application?

The benefits of trees are numerous and evoke engineering, environmental, economic and aesthetic reasons for their inclusion in a protection order.

Some advantages of trees are they:

• control erosion
• minimise runoff from stormwater
• absorb air pollutants
• conserve energy use around buildings
• reduce global warming by tying up carbon
• provide habitats for wildlife
• contribute to the atmosphere of Kiama by using signature trees eg. Norfolk Island Pines, Figs and Cabbage Palms
• screen ugly outlooks eg. carparks and industry
• provide privacy
• frame beautiful vistas
• or simply look beautiful throughout the changing seasons

When is a permit application required?

Under sub-clause 5.9 of Kiama Local Environmental Plan 2011, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation, without development consent or a permit being granted by Council.  This clause applies to trees and vegetation that:
(a) are 3.0 metres or more in height; or
(b) have a diameter of 200 mm or more at a height of 1.0 metre above the ground; or
(c) have a branch spread of 3.0 metres or more.

Two processes have been established to deal with the assessment and approval of applications for the removal, lopping and pruning of trees/vegetation:
(a) permit (generally for individual/small scale tree removal in urban areas); and
(b) development consent as part of a development application

 

What trees are exempt from the order?

Refer to Appendix 1 - Exempt Tree Species List of Chapter 3 - Kiama DCP 2012 - Preservation and Management of Trees & Vegetation.

 

What action will Council take if people break this law?

The policy for dealing with breaches of the Order depends on the seriousness of the breach.

Minor breaches include severe pruning which threatens the life expectancy of the tree or severely effects its form; or the removal of trees which have no special significance. These breaches are dealt with by issuing a Penalty Infringement Notice.

Serious breaches include the removal, poisoning or heavy lopping of a number of trees, or the removal of a single significant tree. If Council decides that a serious breach has been committed then a prosecution is launched through the Court. The Court may impose fines and/or orders for restoration.

Council has lists of undesirable plants, endemic plants and Trees Special Significance. (pdf 402 KB)

 

Does Council have free trees?

To encourage a green environment, Council gives two free trees a year to rate payers.

 

Planting guide - helpful hints

• Find out the mature size of the tree and select a spot that gives it plenty of room to grow.
  
  
• Plant deciduous trees on the northern side of a building to allow adequate sunlight in winter.
  
  
• Position trees to screen out hot western sun in summer.
  
  
• Do not plant trees with a mature height of more than 3.5 metres under electricity wires.
  
  
• All planting should consider where your underground services are located.
  
  
• Plant appropriate plants for the site.
  
  
• Always plant quality-grown plant stock and train your trees into structurally stable forms ie. do formative pruning at an early stage to develop a single leader formation.