Kempsey Development Control Plan 2013

Procedure 1.1.3 Updated 10 January 2017

Chapter B10: Tree Preservation and Vegetation Management

1 - Introduction

1.1 Scope of this Chapter

This chapter of the DCP applies to all land within the following zones under the Kempsey Local Environmental Plan 2013:

  • Zone R1 - General Residential
  • Zone R3 - Medium Density Residential
  • Zone R5 - Large Lot Residential
  • Zone RU5 - Rural Village
  • Zone B1 - Neighbourhood Centre
  • Zone B2 - Local Centre
  • Zone B3 - Commercial Core
  • Zone B6 - Enterprise Corridor
  • Zone IN1 - General Industrial
  • Zone IN2 - Light Industrial
  • Zone SP2 - Infrastructure
  • Zone E2 - Environmental Conservation
  • Zone E3 - Environmental Management
  • Zone E4 - Environmental Living

This chapter applies to trees and vegetation listed in Appendix A of this chapter.

This chapter applies to the actions of ring barking, cutting down, topping, pruning, removing, injuring or wilfully destroying any tree or vegetation.

1.2 Exclusions to the Scope of this Chapter

Trees, vegetation and actions listed in Appendix B are excluded from the scope of this chapter.

Council will ideally require written verification from an appropriately qualified person/s (such as an Arborist, Registered Builder or Emergency Services Organisation) to be satisfied as to whether the tree or vegetation to be removed constitutes an excluded item. Persons acting upon these exclusions/exemptions without prior consultation with Council and without adequate proof as to the condition of the vegetation removed may face subsequent legal action should it be determined that prior consent was required.

Trees and vegetation included in the following zones are excluded from the scope of this Chapter:

  • Zone RE1 - Public Recreation
  • Zone RE2 - Private Recreation

1.3 Relationship to Other Chapters of this DCP

This chapter overrides the provisions contained in any other chapter of this DCP.