Granny flat distance from trees requirements NSW

Discussion in 'Granny Flats' started by MAP, 17th Nov, 2021.

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  1. MAP

    MAP Active Member

    Joined:
    5th Mar, 2021
    Posts:
    26
    Location:
    NSW
    Hi all

    I have noticed a couple of granny flat websites mentioning that there needs to be a 3m distance from any tree which has a height greater than 4m. Where is this rule coming from? I can't find it in the SEPP policy State Environmental Planning Policy (Affordable Rental Housing) 2009 - NSW Legislation.
    All it talks about is distance from protected trees that are on your land.

    I am in NSW, and my neighbour has trees greater than 4m height right up to the side fence. So I am trying to figure out whether the side setback is still 0.9m for me.

    Thanks in advance
     
  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
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    Location:
    Sydney
    Its a inverse rule where the development is assumed to not also require approval for removal or pruning vegetation....eg

    The proposal does not require the removal or pruning of a tree or other vegetation, except where the prior consent from Council has been obtained and the work is in accordance with that approval, or
    (a) the tree or vegetation is within 3m of the development, and
    (b) is less than 8m high, (if the development is for the construction of a new dwelling house and is not required to be retained by the subdivision consent), and
    (c) is less than 6m high for any other development , and
    (d) is not listed on a significant tree register or register of significant trees kept by Council
     
    MAP likes this.
  3. MAP

    MAP Active Member

    Joined:
    5th Mar, 2021
    Posts:
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    Location:
    NSW
    Ah makes sense, thanks!