Nature strips comprise the grass area between a property boundary and the road. Footpaths are concreted sections of nature strips designed for pedestrian use.
Whilst property owners have an obligation to maintain the section of nature strip outside their property, nature strips are public land owned by Council and not privately owned. That means there are limitations on what property owners can do on the patch of nature strip outside their homes.
The extent of residents’ obligation for their section of nature strip is essentially to mow the grass. Council will maintain the rest, including trees located on nature strips. Council monitors and manages overgrowth of tree branches, damaged concrete sections of footpaths, and any other hazards of which Council may be notified, such as the removal of dead trees.
Council permission is required for residents to plant their own trees on nature strips, usually restricted to native species. Other structures also require Council permission, such as planting boxed gardens, retaining walls or handrails.
Councils also have jurisdiction over driveways, including issuing construction or reconstruction approval, and requiring owners of the land to which the driveway provides access to carry out driveway repairs and maintenance deemed necessary for the safety of public use.
Parking on nature strips or on or across driveways is illegal and subject to fines. This applies even to one’s own driveway. Vehicles must be parked wholly within the property they serve without obstructing the driveway.
Cecilia Castle is an Accredited Specialist in Family Law, and principal of Castle Lawyers at Asquith. CastleLawyers.com.au
