Nature strip Tree replacement

[vincenzo]

Hi everyone. I hope someone knows the answer to this!

There are three big trees on the nature stirp across the road. I want to ask the owners if they'd be happy, for me to get one of thier trees replaced with something of thier choice, that doesn't grow over ~2.5 meters, as the current tree is blocking part of my view

Do i need to get council approval for this? This is in Marino, Adelaide.

 

[wylie]

As far as I know, the owner of the property has no rights over the trees on the footpath but they belong to the council. Some councils are very particular about people trimming, replacing or doing anything to their trees, so best check before doing anything at all, or you could be hit with a big fine.

 

[Perp]

Do i need to get council approval for this?

Council owns the land, so it's ultimately up to them, but many Councils delegate the care and planting of nature strips to the owners of the adjacent land. But rules vary by Council - for example, in Brisbane, you're not allowed to have any vegetation other than grass, no shrubs or trees - so your best bet is to call Council and ask them. If they don't care, then ask the owners.

 

[wylie]

Curious about what you say about Brisbane Tracey. Are you saying the owner cannot plant any trees, because my understanding is that you can plant council approved trees only, or perhaps the council must plant the trees. Regarding lopping or removing trees on the footpath, I do know that a neighbour of ours approached council to ask that they trim a tree which was blocking their city view and were given a resounding "NO".

We have planted a number of trees on footpaths without any problems. I suppose if somebody reported this to council they could have us remove them, but a footpath without any trees is boring and trees certainly add considerable value to the suburbs.... think Laurel Avenue, Virginia Avenue.

If owners cannot plant a tree on their footpath (even if it then becomes the property of the council) then who is planting all the trees?

 

[Perp]

If owners cannot plant a tree on their footpath (even if it then becomes the property of the council) then who is planting all the trees?

I thought the same thing!

I rang and asked about this issue a couple of years ago, because I wanted Council to replace some shrubs that I'd planted, which they destroyed when re-paving the footpath. I was told that technically it's illegal to have anything other than lawn or paving, and thus they wouldn't replace them.

I'm almost certain that it's a legal thing. As owners of that land, Council would be legally liable for any consequences of the trees being there, such as branches dropping on parked cars and damaging them, and they'd also be responsible for trimming back the trees from power lines, and they understandably want to avoid extra obligations and potential liability, so they just say "no trees or shrubs on the nature strip" - at least officially.

My guess is as you say, that mostly they turn a blind eye, but if there are complaints, or they see the potential for expense/liability to Council, then the trees would be removed.

I was answering from a legal perspective, not a pragmatic one, because vincenzo seemed to be wanting to know the "correct" procedure.

 

[Project1080]

Hi Vincenzo,
For reasons explained about, it is council land and comes down to legal liability. If you can show the trees are causing problems or threat to persons(about to fall, drop branches, roots coming up through path, termites) you may have some success. I had tree with active termites out front when I bought PPOR. Rang Council (Campbelltown) to advise, tree gone within 4 days.
This is in Marion council area I think. Good luck!

Project 1080.

The project: 10 IPs in 80 mths.

 

[marg4000]

My guess is as you say, that mostly they turn a blind eye, but if there are complaints, or they see the potential for expense/liability to Council, then the trees would be removed.

We are in Brisbane and had the opposite experience. I phoned the council to complain about a bushy tree that completely blocked the footpath so that the kids had to walk on the road near a corner to get past.

The first thing I was told was that the Council would NOT cut down the tree. I said I simply wanted it pruned so that people could walk on the footpath and that is what happened.

This was some years ago so things may have changed.
Marg

 

[Perp]

The first thing I was told was that the Council would NOT cut down the tree.

That sounds right to me. The point is that Council wants to minimise expense related to the council strips, and that's why they now tell people not to plant trees or shrubs there. But once trees are already there, the cost of removing is probably higher than the potential litigation costs, so they leave them, and just trim them if people complain. It's all about minimising expense.

If the tree's gotten beyond a certain size, I think they fall under State laws about protected vegetation, and it becomes a matter outside Council's control, ie they can't remove it, even if they want to. Unless it's an environmental weed (eg Cocos palm, golden rain tree, African tulip tree, camphor laurel, etc), then they'll usually remove them. We had a whole bunch of Cocos palms at our rear boundary, which Council removed immediately when we asked. I was told this was policy with regards to environmental (and higher level) weeds on Council property.

 

[The Y-man]

http://www.abc.net.au/7.30/content/2008/s2354714.htm

Cheers,

The Y-man

 

[vincenzo]

I had a word with the guy that owns the place yesterday. He's a cool bloke, and kind of wants the tree gone aswell, doesn't want it replaced either, which is all awesome! But i didn't notice any termites or anything like that on it, i'll have to inspect it and hopefully i find some of the little buggers

One of mates wanted a tree removed, so he drilled a hole, pumped in a little bit of poison, and then called the council to get his dead tree removed. Any thoughts?

 

[Pushka]

One of mates wanted a tree removed, so he drilled a hole, pumped in a little bit of poison, and then called the council to get his dead tree removed. Any thoughts?

If Council suspects you have done this they will call in an arborist and they can tell that the tree has been poisoned.

 

[wylie]

If Council suspects you have done this they will call in an arborist and they can tell that the tree has been poisoned.

And following on from this, I know of one case where somebody copper nailed (or poisoned) a tree or two. I did hear that the council looked "backwards" to see whose view was best improved. I don't know the outcome, but I would be very careful with this type of act.

 

[Pushka]

Wasnt it in Queensland a few years ago where residents wanted trees removed from a coastal view, and removed them without consent, so the Council brought in huge metal containers and dumped them where the trees were?

 

[meg]

In Perth the councils take a very strong stand against deliberate poisoning and massive signs have been erected in place of the tree saying : a selfish person has poisoned a natural habitat which used to be here (outline of a tree, to the size of what was there, often 8 metres tall) and this sign will remain until the replacement tree has grown this size. There are a few of these in front of million dollar properties around the river.

I tend to agree.
Meg

 

[craigb]

thats so cool!, i like that idea! very much,
Thanks meg

 

[achih]

If Council suspects you have done this they will call in an arborist and they can tell that the tree has been poisoned.

Perhaps try importing (introducing?) termites onto the unwanted tree. Still illegal I'm sure, but less traceable.

 

[Perp]

Perhaps try importing (introducing?) termites onto the unwanted tree. Still illegal I'm sure, but less traceable.

Yeah, that'd be great. Especially when that tree's removed and the termites move on to their new home - your place!

If you and the person whose house is immediately adjacent both want the tree removed, vincenzo, then I'm sure you'll be able to legitimately achieve some solution (even if it's a compromise, such as trimming).

 

[George]

...
I want to ask the owners if they'd be happy, for me to get one of thier trees replaced with something of thier choice, that doesn't grow over ~2.5 meters
...

Little bit off topic but are there any trees that grow to maximun of about 2.5 metres in coastal NSW?