New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3C.36

3C.36 Setbacks of dwelling houses, attached development and detached development from protected trees

(1) Pruning and removal of trees A complying development certificate for complying development under Division 1 is taken to satisfy any requirement under this Policy for a permit or development consent to remove or prune a tree or other vegetation on the lot if--

(a) the tree is not listed on a register of significant trees kept by the council, and

(b) the tree or vegetation will be within 3m of any building that has an area of more than 25m 2, and

(c) the tree or vegetation has a height that is less than--

(i) for development that is the erection of a dwelling house--8m and is not required to be retained as a condition of consent, or

(ii) in any other case--6m.

(2) Setbacks from protected trees Development under this code must be at least 3m from each protected tree on the lot (measured from the base of the trunk of the tree).

(3) Despite subclause (2), the following development can be located within 3m of a protected tree if works do not involve excavation or fill of more than 150mm below or above ground level (existing)--

(a) an access ramp,

(b) a driveway, pathway or paving,

(c) an awning, blind or canopy,

(d) a fence, screen, or child-resistant barrier associated with a swimming pool or spa pool.

Note 1 :
"Development consent" ,
"dwelling house" and
"protected tree" are defined in clause 1.5.

Note 2 :
"Council" ,
"excavation" ,
"fill" ,
"ground level (existing)" ,
"spa pool" and
"swimming pool" have the same meanings as they have in the Standard Instrument.

Note 3 :
"Complying development certificate" has the same meaning as it has in the Act.

Note 4 : A separate permit or development consent may be required if the branches or roots of a protected tree on the lot or on an adjoining lot are required to be pruned or removed.