The engagement was promoted by Inner West Council using a number of means, including:

• Your Say Inner West monthly e-news
• Council website

Engagement outcomes

Outcomes of community engagement received through the online survey and written feedback forms have been collated. Respondents were asked to answer one mandatory question ‘Do you support the draft Tree Development Control Plan (Tree DCP 2022)?’. Council received 200 responses.

With the initial question, the majority of respondents did not support the draft Tree DCP 2022. Following this question, Council asked for clarifying statements so we could understand the in-depth nuances of responses. Council undertook an analysis of the ‘No’ and ‘Not sure/neutral’ responses, reviewing the 151 accompanying submission statements. Most submissions covered a range of issues.

From these, 263 individual issues were identified and grouped into themes as follows:

Of note was the number of ‘No’ respondents that did not supply a clarifying statement and the reoccurring theme of respondents directly quoting the same issues.

Councils’ responses to themes

Issues raised throughout the community issues submission and reflected in the wider themes outlined by respondents are addressed below.

No comment

• 30% of ‘No, Not sure/neutral’ responses did not provide further clarification.

Stronger provisions

• 30% of ‘No, Not sure/neutral’ respondents wanted stronger provisions. Proposed Tree DCP 2022 has proposed stricter controls on plant dimensions, including more trees and allowing Council to include them in its canopy mapping (as they are currently excluded). This will help Council monitor more accurately canopy planting and changes over time.
• IWC DCP 2020 is currently giving a guaranteed approval by distance. This is perceived as a 2m exemption distance with conditions applied. Tree DCP 2022 is proposing strong and in-line provisions with neighbouring Councils. A comparison with neighbouring local government areas is below.
• Other than the condition free exemption by distance of 1m, which Council includes to reduce Council’s exposure liability for property damage claims, Tree DCP 2022 has the strongest definition provisions.

• Proposed DCP 2022 has a stricter exempt list than DCP 2020 as it only includes species contained within the NSW Biosecurity Act.

Stronger compliance of replanting conditions

• A point of concern with Tree DCP 2020 is that there is little compliance with replanting requirements from approvals. There are provisions within the Environmental Planning and Assessment Act (EPAA 1979) that can compel approval holders to seek a compliance certificate for replanting from the private market. This follows existing compliance processes for other Council approvals and provide standardisation across Council processes. Council should adopt a compliance certificate system to regulate tree planting as part of approval conditions. This will ensure conditions are adhered to through education and compliance, as well as meeting canopy targets met into the future.

Legally required change, exemption distance and reduced liability

• Determinations provided under Tree DCP 2020 was deemed non-binding with the minor works permit and the ‘guaranteed approval’ if the tree is located within 2m if a replacement tree is replanted. Having this mandatory application with a guaranteed approval does not increase management over tree loss in the IWC area as there is no compliance capacity under Tree DCP 2020.
• Legally, Council cannot apply a distance exemption across property boundaries due to complications with ownership and trespass under common law. Council has deleted the minor works permit as part of this policy to not only ensure legality but to allow a homeowners have discretionary powers to protect dwelling foundations.
• There is no requirement to replant trees that qualify as exempt by distance in Tree DCP 2022. The removal of this provision would be inhibitive to homeowners if Council removed the exemption distance all together and will expose Council to greater liability for property damage claims.

Customer personal experience and improvements for a customer focussed, legally compliant application process

• Proposed DCP 2022 has a simplified list of application types. Tree applications and development applications.

o Development applications are required for heritage items and heritage conservation areas as per the SEPP. Council has received legal advice regarding this issue. This requirement cannot be deleted for the DCP to be compliant.

o Tree applications will be the primary application type unless you live in a heritage conservation area or own a heritage item. It allows Council to undertake its assessment requirements under the federal Biodiversity and Conservation Act and NSW Biodiversity SEPP for habitat assessment. Council has received legal advice regarding applications and determinations. Biodiversity assessments must be undertaken through the form of an application or development application for the DCP to be compliant.

• Council has analysed the specific personal experience themed responses relating to the process and experience of application lodgement to determination. Council will address this through tree process improvement initiatives and the tree website overhaul that will include simplified messaging and ease of lodgement with the adoption of Tree DCP 2022. This is incredible detailed and complex improvement to customer service will take a significant amount of time to test and implement. Council fees and charges will need to be brought into line following the proposed application fee structure change.

Outside of scope

• Comments outside of the scope and intention of this policy include the Tree DCP’s link to urban forest policy and climate change, heritage and planning control conflicts and Aerial Bundled Cables (ABC). These topics are listed for discussion and inclusion in future urban forest policy, strategy, and operational plan harmonisation projects due for completion in 2023/24.

Council will consider the report at its meeting on Tuesday 8 November 2022.