Shoalhaven council votes on whether to rescind amendments to controversial 45 Degree Rule

Gordon Timbs fought for years to have a tree removed from his property, but faced pushback from local council. On one windy night, the tree collapsed and killed him. Find out why amendments to planning rule introduced after his death have stirred controversy.

Shoalhaven City Council mayor Amanda Findley introduced a motion to amend a controversial policy, known as the 45 Degree Rule, amid concerns it is being abused, reducing the region’s tree canopy. Picture: Supplied

Amendments to a controversial planning measure introduced after a father and husband was killed when a 30m tree collapsed on his family home under heavy winds have been challenged only two weeks after they were introduced.

For years, Gordon Timbs had fought with Shoalhaven City Council to remove a dangerous gumtree from his property when one night in 2002 the tree collapsed and killed the 48-year-old.

Wife Carlene Timbs said the couple had paid the ultimate price as a result, despite living their lives by the rules.

“We were told by the council that the tree was safe,” Ms Timbs said. “We couldn’t cut it down or Gordon would be fined.

“My children, grandchildren, and I have had to learn to live without that man – without their father, grandfather, and husband.”

Gordon Timbs was killed when a gumtree fell on his south coast home in 2002 after years spent fighting to have it removed. Picture: Supplied

In the wake of Mr Timbs’ death, Shoalhaven Council introduced the so-called 45 Degree Rule allowing landowners with trees at risk of damaging homes and property to circumvent restrictions, avoiding altogether a usually lengthy application process with the council staff.

At the council’s ordinary session on November 3, the council voted to introduce a raft of amendments to the rule on a 12-month trial basis.

Under the plan, tree removal would be undertaken only by an Australian Qualified Framework Level 3 arborists.

Surrounding landowners would also be provided with five days notice of the removal, allowing time for them to contact council staff with any objections. Trees that did not pose a “demonstrable risk” or were hollow bearing would also excluded from the rule.

Less than a fortnight after those changes were passed, a number of counsellors voted to try and kill the motion at the council’s November 14 session. Counsellors Serena Copley, Paul Ell, Patricia White, John Wells, Greg Watson, and Evan Christensen, voted for the recension.

The vote failed without majority support.

It comes months after fierce debate first erupted over a move by mayor Amanda Findley in February to scrap the rule altogether.

Ms Findley claimed abuses of the rule threatened the tree canopy in the Shoalhaven.

Shoalhaven City Council mayor Amanda Findley. Picture: Supplied

Defiant, she told a packed council chambers on Monday views varied across the region on the 45 Degree Rule’s merits.

“Do we stop building roads to stop motor vehicle accidents?” Ms Findley said.

“So, do we stop changing the rules because some things happen that are out of our control?

“We are going back to square one with this motion, just when I’d thought we’d come together as a group and had an understanding.”

Ms Findley also hit back at claims the need for a Level 3 arborist under the plan was too onerous, stating that the training required to upskill was free at the region’s TAFE and that landowners should want to have a qualified person removing their trees.

Mr Watson, who was in council when the 45 Degree Rule was introduced, said the amendments took rights away from landowners.

“Forget this folly,” Mr Watson said to Ms Findley.

“The 45 Degree Rule empowered residents to protect themselves, their properties, and their families.

“We all like to keep trees, but if there is any risk of them falling people should be able to protect themselves.

“They should not be overcome by fear, lying in bed every night as the wind is blowing, traumatised.”

On November 12, Kiama MP Gareth Ward and some Shoalhaven counsellors held a community meeting to discuss the changes.

Carlene Timbs says she has had to learn to live with her husband’s absence more than two decades after he was killed when a tree fell on their south coast home. Picture: Supplied

At the meeting was deputy mayor Paul Ell, who told counsellors on Monday while he backed rescinding the plan, he had suggested amendments to address concerns that the definition of a tree that posed a risk to a home was too vague.

“I’m not against a notification to neighbours from the council,” Mr Ell said.

“I’m not against data collection provided under the plan, I think that’s really important.

“We’ve got to know how prevalent this rule is before we make any other further dramatic changes to it.

“But, I am dead against the requirement of a Level 3 arborist, and I am dead against the inclusion of ‘demonstrable risk’ in the policy.”