Lifestyle

Why your garden might get you in legal trouble

Jun 11, 2017

Do you know the laws in relation to your garden?

Establishing a verge, nature strip or a footpath garden can certainly show pride in your neighbourhood.

While you may just want to help beautify the area where you live, it is important to know the rules. The rules really do differ depending on where you live.

Footpath gardens have hit the headlines lately due to disputes between residents and their local councils. While some councils embrace the idea, others have very strict rules about what you can do where. Some councils even have a fee for planting on these areas, which covers insurance and council costs.

On the Sunshine Coast there was a community project called Urban Street Food. Started in 2009 the neighbourhood has been growing commercial quantities of fruit, vegies, hemps and spices on the street edge. The project was aiming to promote health and wellbeing. Last year the residents received letters advising they needed permits to continue, and cover the $20 million public liability insurance costs, after a complaint was made about the appearance and safety. Last week council crews moved in and mulched the trees, still full of fruit. Residents said no notice was given that the area was going to be cleared. There is also a chance the residents will now be billed for the costs of clearing, according to one of the local councillors, reports the Courier Mail.

It is expected that you maintain your footpath to allow access to pedestrians.

In Melbourne a similar battle was going on with a couple both aged 83. They had been tending to a garden on their nature strip for 23 years, but now they have received a letter asking them to remove it. They replied to the council saying they’d had approval for the garden when they started it in 1994, reports Progress Leader. They are still waiting to hear the outcome.

While planting on your nature strip might not meet council approval, neither does not looking after it either. Homeowners are, in most areas, responsible for the upkeep of these areas too, if they are adjacent to their property. Again councils all have their own rules but commonly there is a requirement to ensure adequate space for pedestrians, rubbish collection and access for anyone doing utilities services. This includes keeping the lawns mowed and clear of rubbish.

To make sure you don’t get a nasty letter from your council check out the website for your local council and get yourself informed.