John Smith - 9710 0333
File Ref: - TP22/0406
11 October 2022
Trustees Of The Sisters Of Mercy Parramatta
62-66 Dominic Street
BURRANEER NSW 2230
Dear Sir/Madam
Tree Permit Application for Tree Assessment TP22/0406
Premises: 6 Coast Avenue CRONULLA NSW 2230
An application for a tree assessment was received on 19 September 2022 for proposed
works concerning trees at the above premises. Please find attached the determination of
your application.
Your attention is directed to the conditions that form part of the determination.
If your require clarification of any aspect of the approval please contact Council via email
xxx@xxx.xxx.xxx.xx and include your tree permit number.
Yours faithfully
John Smith
Environment, Health and Building
Sutherland Shire Council
Note; Al determinations form part of Council's on line register. Sutherland Shire Council does not
endorse any organisation or individual for pruning or tree removal. If you receive any
unsolicited material indicating or suggesting Council's endorsement please forward the material
to Sutherland Shire Council’s Environment, Health & Building Unit, who wil address the issue
with the tree company directly.
Encl.
Sutherland Shire Council
4-20 Eton Street, Sutherland NSW 2232 ● Locked Bag 17 Sutherland NSW 1499
Phone 02 9710 0333 ● xxx@xxx.xxx.xxx.xx ● sutherlandshire.nsw.gov.au
TREE PERMIT NOTICE OF DETERMINATION
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017
DATE OF
11 October 2022
DETERMINATION
Delegated Authority
AUTHORITY
DETERMINATION OF
TREE PERMIT APPLICATION NO. TP22/0406
LAND DESCRIPTION:
Lot 14 DP 9249, Lot 1 DP 949436, Lot 3 DP 950836, Lot 1 DP 126705, Lot 1 DP 165492
6 Coast Avenue, Cronulla
APPLICANT:
Trustees Of The Sisters Of Mercy Parramatta
62-66 Dominic Street
BURRANEER NSW 2230
This Tree Assessment Application has been determined in accordance with State
Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017. Details of the
determination are provided below, and any works undertaken to implement the determination
are subject to the conditions specified in this notice of determination.
ASSESSMENT & DECISION:
Tree 1 Request to Remove Tree
Determination:
Conditional Approval for Tree Removal with replacement tree
planting
Tree Type:
Araucaria heterophyl a - Norfolk Island Pine
Tree Location:
Side Yard
Determination Reason: Growing Condition of Tree - Tree works permitted as species
is unsuitable for the location given its ultimate size and
growth characteristics.
Proximity - Tree works permitted to provide necessary
clearance.
Public Safety - Tree works permitted for safety and
maintenance.
The conditions of this determination have been imposed to ensure the works are carried out
in accordance with State Environmental Planning Policy (Vegetation in Non-Rural Areas)
2017. These conditions have been formatted to have regard to the environmental
circumstances of the site and to reduce or eliminate any detrimental effects that the works
might have on the environment including the amenity of the area.
CONDITIONS OF DETERMINATION
1. The determination approval expires once the works detailed within this approval are
completed or three years from the date of determination, whichever occurs first.
2. This permit must be kept on site at all times.
3. Where the Applicant is not the Owner, the Applicant is to ensure that the tree Owner/s
have agreed to the works being carried out.
4. Prior to commencement of any work written notification is to be provided to the adjoining
property owners by the Applicant together with a copy of this consent.
5. Where trees are located over a common boundary of two properties, both owners shall
consent to the tree removal or pruning prior to work commencing.
6.
On-Site Replacement Tree Planting – replacement tree confirmation form attached
Sutherland Shire Council’s Development Control Plan (Amendment 11) requires
replacement tree planting at a rate of 2 to 1 on private land. Replacement canopy tree
planting must be local native species and must be selected from the attached tree
selection table or as advised by Council’s Tree Officer.
One (1) tree of substantial size or significance is approved for removal as part of this
consent. In order to satisfy the replanting requirement,
two (2) replacement trees are
required to offset this loss.
As many trees as possible (subject to practical and bush fire restrictions) should be
replanted on the property the subject of this consent within fourteen (14) days of
commencing work. The trees selected must be planted within the front or rear setback
of the subject property and not within 3m of a building or proposed building.
Replacement trees must have a minimum container size of 5L and must be maintained
and protected until they are covered by Council’s Controls for Preservation of Trees and
Bushland Vegetation (SSCDCP Chapter 38). Any replacement trees found faulty,
damaged, dying or dead must be replaced with the same species in the same container
size within one month with all costs to be borne by the owner.
Off-Site Replacement Tree Planting – as an alternate, Council and the Applicant may
enter into a Deed of Agreement for replacement planting of some or all of the trees off-
site. Under this Deed of Agreement Council may agree to undertake the replanting of
replacement trees on Council's own land for
a fee of $125 per replacement tree.
ie. 1 replacement tree
= $125
2 replacement trees = $250
3 replacement trees = $375 and so on
Note: Fee is subject to review on the 1 July each year and may increase.
This fee includes planting and six months maintenance for the trees. Should you have
any questions regarding Council’s Deed of Agreement process contact Council at
xxx@xxx.xxx.xxx.xx
Any Deed of Agreement must be entered into within fourteen (14) days of the removal of
the tree that is the subject of this consent.
Note: If you have difficulty sourcing suitable indigenous plants from any suppliers, locally
sourced plant stock is available for as little as $15 per pot from:
Sutherland Shire Council Nursery 345 The Boulevarde, Gymea
Ph: 02 9524 5672 - Monday to Friday 7.00am-3.00pm (excluding public holidays).
END OF DETERMINATION
John Smith
Environment, Health and Building
Sutherland Shire Council
IF DISSATISFIED WITH THE DETERMINATION – What are your options?
An applicant who is dissatisfied with the determination of the application has the following options.
1.
The applicant may lodge a writ en request to Council for a review of such determination, within 12 months of the date
of determination. The review application is to state the reason for such request for review with additional information
to support such reasons. The application review wil be allocated for assessment by another officer. Note that a
Review Application fee applies.
2.
Council has adopted the International Society of Arboriculture ‘Tree Risk Assessment System’ (known as TRAQ)
method of assessing the risk of trees. Under a TRAQ assessment an arborist determines the contributing factors that
would affect the safe retention of the tree, applies mitigation measures and arrives at a level of risk which is attributed
to the tree.
Council will accept TRAQ reports prepared by a qualified consulting arborist to guide us in issuing permits to remove
unsafe trees. Should you decide to engage a TRAQ qualified consulting arborist to determine the risk of the tree in
question you are encouraged to visit The Institute of Australian Consulting Arborist website
www.iaca.org.au where
you wil find a list of qualified arborist in your local area.
Where a TRAQ Report is received by Council which determines that the mitigation option will not eliminate the risk
and recommends removal, Council wil issue a Permit for Removal.
3.
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Part 3, clause 12 confers on an applicant
the right of appeal to the Land and Environment Court of New South Wales against the refusal by a council to grant
the permit.
Any such appeal is to be made within 3 months after the date on which the applicant is notified of the decision or
within 3 months after the council is taken to have refused the application (whichever is the later).
NOTES
This Tree Permit determination is issued by Sutherland Shire Council as the Authority responsible under the provisions of
the State Environmental Planning policy (Vegetation in Non-Rural Areas) 2017.
Tree Preservation has been proclaimed in the Sutherland Shire under the Sutherland Shire Local Environmental Plan 2015.
A person who contravenes or causes or permits the Tree Preservation requirements to be contravened is guilty of an
offence. Trees, the subject of this Sutherland Shire Local Environmental Plan 2015 other than those which have become
dangerous shall not be cut down, topped, lopped, injured or wilfully destroyed except with the consent of Council.
Failure to comply with the conditions of this consent (including replanting conditions) may result in the issuing of a $3,000
(individual) or $6,000 (corporation) infringement notice.
Sutherland Shire Council
4-20 Eton Street, Sutherland NSW 2232 ● Locked Bag 17 Sutherland NSW 1499
Phone 02 9710 0333 ● xxx@xxx.xxx.xxx.xx ● sutherlandshire.nsw.gov.au
Replacement Tree Advice Form
Please complete and send to:
Sutherland Shire Council
Locked Bag 17 SUTHERLAND NSW 1499
Fax: 02 9710 0265
email: xxx@xxx.xxx.xxx.xx (please quote Application No. in Subject field)
Removal Ref.: TP22/0406 TP 2 Replacement Trees
Property Address: 6 Coast Avenue, Cronulla
Name: Trustees Of The Sisters Of Mercy Parramatta
62-66 Dominic Street
BURRANEER NSW 2230
Phone: _________________________________ (
required for access to inspect property)
Please indicate which of the following applies (tick
√ applicable boxes below)
The approved tree removal work wil not be carried out.
A replacement tree has been planted. The location and details of the replacement tree are
shown below (
or on a separate page attached to this form).
The approved tree removal work has not commenced. Work is expected
to be carried out in ………………. months.
I choose to enter into a Deed of Agreement for replacement planting of some or all of the trees
on Council land.
Type of tree(s) planted …………………………………or indicate on at ached Selection Table
Pot Size ………..……(Minimum 5 litres)
Where on Property is Replacement Tree Planted?
Front Yard
Rear Yard
Side
Waterfront
Sketch showing location of replacement tree (use separate sheet of insufficient room)
Sutherland Shire Council
4-20 Eton Street, Sutherland NSW 2232 ● Locked Bag 17 Sutherland NSW 1499
Phone 02 9710 0333 ● xxx@xxx.xxx.xxx.xx ● sutherlandshire.nsw.gov.au
CANOPY TREE SELECTION TABLE
For Private Property Tree Application
Replacement Tree Planting
Use
Urban Zone
Tree Application No: TP22/0406
Address for Planting
6 Coast Avenue, Cronul a
ant
lopes
s
idges
e
toler
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ng
&
s
ni
ine
tone
ed r
hal
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ar
tal
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/ s
INDIGENOUS TREES
et
oas tuar
lay ateaus
Sha
W
Scree
C es
San & gu
Expos
C pl
Plant Botanical Name
Common Name
Coastal & estuarine
Banksia integrifolia
Coast Banksia
Cupaniopsis anacardioides
Tuckeroo
Eucalyptus botryoides
Bangalay
Livistona australis
Cabbage Palm
Sandstone slopes & gul ies
Angophora costata
Smooth Barked Apple
Elaeocarpus reticulatus
Blueberry Ash
Eucalyptus pilularis
Blackbut
Eucalyptus punctata
Grey Gum
Eucalyptus racemosa
Narrow Leaf Scribbly
Gum
Glochidion ferdinandi
Cheese Tree
Syzygium paniculatum
Magenta Lilly Pilly
Tristaniopsis laurina
Water Gum
Exposed ridges
Banksia serrata
Old Man Banksia
Corymbia gummifera
Bloodwood
Eucalyptus globoidea
White Stringybark
Eucalyptus haemastoma
Scribbly Gum
Eucalyptus leumaniana
Yellow Topped Ash
Eucalyptus obstans
Port Jackson Mallee
Clay/ shale
Eucalyptus paniculata
Grey Ironbark
Melaleuca linariifolia
Snow in Summer
Syncarpia glomulifera
Turpentine
Compare Price with Sutherland Shire Community Plant Nursery 345 The Boulevarde Gymea
7am–3pm, Mon - Fri
Sutherland Shire Council
4-20 Eton Street, Sutherland NSW 2232 ● Locked Bag 17 Sutherland NSW 1499
Phone 02 9710 0333 ● xxx@xxx.xxx.xxx.xx ● sutherlandshire.nsw.gov.au
Off Site Tree Replacement Election
Application
BACKGROUND
A. On 22 October 2012, Sutherland Shire Council (“Council”) resolved to accept offset planting on
public land subject to an applicant entering into a deed of agreement that is supported by a
condition of consent under S80A of the Environmental Planning and Assessment Act. (Report No.
DAP010-13)
B. The purpose of this Agreement is to provide for a funding arrangement between an applicant and
Council where Council has reviewed an application involving the removal of substantial or
significant trees. As part of that assessment Council has approved the removal of specific trees
and required by way of a condition of consent replacement planting at a ratio of two to one as set
out in the conditions of approval. An applicant may choose to either replant at the ratio required or
enter into an arrangement with Council to provide funding to Council for the replanting of the trees
on public land.
C. The parties to this Agreement:
• Acknowledge that maintenance of the tree canopy of the Shire has been identified as a key
environmental factor in the physical identity of the Sutherland Shire and in improving the
quality of urban life and
• Recognise that the Shire’s tree canopy is under pressure from increased residential densities.
Lot sizes have reduced over time and houses have become larger. In combination with
changes in lifestyle that have resulted in more paving and in-ground pools there is reduced
space available for the planting of canopy trees on private land
TERMS
1. This Agreement is between Council and
Name
:______________________________________________ (the Applicant”)
Address
_________________________________________________
2. At the time of submitting this form the Applicant agrees to pay Council for the planting of _____
trees on public land on behalf of the Applicant in accordance with TP Application reference.
TP22/0406 and the Urban Tree and Bushland Policy towards the maintenance of the tree canopy of
the Shire.
3. The Council agrees to
a) replant in accordance with best practice planting
b) regular review and maintenance for the trees
c) replant in accordance with public works or tree replanting program
d) report annually on the replanting program as part of the Annual State of the Environment
Report
Sutherland Shire Council
page 1 of 2
4. Miscellaneous provisions
a) If GST or similar value added tax is imposed on any supply under or in accordance with this
Deed, the amount payable for that supply is increased by the amount of that GST, unless the
amount payable already specifically includes that GST. The party seeking payment must
provide a GST tax invoice (or any other thing required under any legislation) in the form
required, and in the time provided for, by the relevant legislation.
b) Nothing in this agreement is intended to limit or fetter Council's proper performance of its
statutory functions or duties and clauses are to be construed (if possible) consistently with the
proper exercise of those functions and duties.
c) This Deed does not create a relationship of agency between the parties. Neither party shall act
or represent itself as acting on behalf of the other party.
Executed as a Deed
Executed by Applicant or an authorised
representative on behalf of the Applicant:
Name of signatory
Name of Witness
Signature
Signature
Date:_______________
Executed by Council Officer :
_____________________ on behalf of Sutherland
Shire Council pursuant to delegation dated 16 July
2012 under the
Local Government Act, 1993:
Name of Council Officer Name of Witness
Signature
Signature
Date:_______________
Date:__________________
Upon both parties signing and payment of this agreement a copy wil be provided to you. You may
lodge this in person at the Customer Service Centre or mail your signed copy with payment and your
copy with receipt attached wil be mailed back to you.
Office Use
Date Receipted
________________________
Officer Initial’s
____________ ____________
Receipt number
________________________
Sutherland Shire Council 4-20 Eton Street Sutherland, 2233 Locked Bag 17 Sutherland, 1499 Page 2 of 2
Document Outline
