About tree and vegetation preservation
Preservation and management of trees & vegetation forms part of the Kiama Development Control Plan 2012 (Chapter 3). The objectives of Chapter 3 are to:
- maximise public safety within the Kiama Local Government Area;
- identify and conserve trees of ecological, heritage, aesthetic and cultural significance;
- establish the procedural framework and requirements governing the pruning, removal and subsequent replacement of trees within the Kiama Local Government Area;
- identify exempt trees and other vegetation that may be pruned or removed without the necessity for a tree management application or development consent; and
- ensure all new developments consider impacts of existing trees on, or adjacent to the development site. Provides opportunity for the healthy growth of large trees.
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 residential areas); and
(b) development consent as part of a development application.
How to obtain a tree permit
Read Chapter 3 Preservation and Management of Trees & Vegetation which outlines assessment criteria, any additional information requirements, exemptions and other relevant information that will assist you in your application.
- Applications must be in writing using the Tree Management Application form
- Fees are charged (refer to page 50)
- Inspections will be performed by Council's Tree Management Officer and/or consulting arborist
- You will be notified in writing of the determination (permit issued or refusal letter).
If the tree is on your neighbour's property refer to Trees on your neighbour's property.
If the tree is a street tree or a tree in a reserve refer to Street trees & trees in reserves.
Check the Exempt Tree Species List to ensure the tree is not listed.
If you do not agree with our determination of your tree management application there is a review process available to you. This handy fact sheet sets out the review process.
Answers to your tree questions can be found in the tree section of our frequently asked questions.
If the subject tree poses an immediate and imminent danger to people or property you are not required to obtain a tree permit. Evidence must be provided by an arborist prior to any work commencing - a statement from the arborist and photos of the tree must be submitted to Council as soon as convenient.
You do not need a permit if the tree works have been directed by the SES.
Illegal removal or pruning
Under sub-clause 5.9 of Kiama Local Environmental Plan 2011, a person must not ringbark, cut down, top, lop, remove, injure or willfully 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.
Any person who contravenes, or causes or permits to be contravened, the provisions of the Development Control Plan or the Local Environmental Plan shall be guilty of an offence.
Council has a policy to take action against persons carrying out works without approval. This depends on the seriousness of the action. 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 Land & Environment Court. The Court may impose fines and/or orders for restoration.
Ratepayers may obtain two free trees each financial year. The stall is held at our World Environment Day event each year and on three other days selected throughout the year. Please telephone us to find out the next day - (02) 4232 0444.
Suitable/recommended trees for Kiama
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.
Dealing with weeds
The Illawarra Noxious Weeds Authority was established in 1993 and administers the Noxious Weeds Act. The Authority aims to control noxious weeds within the local government areas of Kiama, Shellharbour and Wollongong. The Authority's website provides a guide to the identification and control of noxious weeds.
The Southern Councils Group co-ordinates the South Coast Regional Weeds Action Program which aims to increase community awareness and participation in weed management. There are a number of informative brochures on the website.
07 Feb 2017