Council Installing Trees on Nature Strip

So yesterday the council came through my street an installed trees on the nature strip, but only on the 3 houses where people were regularly parking cars there.

I'm based in WA, and the local council parking laws state the following.

1) A person shall not—
(a) stop a vehicle (other than a bicycle);
(b) stop a commercial vehicle or bus, or a trailer or caravan unattached to a motor vehicle; or
(c) stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a
sign adjacent and referable to that verge,
so that any portion of it is on a verge.
(2) Subclause (1)(a) does not apply to the person if he or she is the owner or occupier of the premises
adjacent to that verge, or is a person authorised by the occupier of those premises to stop the vehicle
so that any portion of it is on the verge.

So based on that it seems that I am legally allowed to part of my car on the verge, but the council doesn't like it so they have stuck a tree there, they left a note in the mailbox saying it was to improve the look of the street (but it really doesn't as was only done on the houses who regularly park there).

The tree doesn't actually prevent me from parking there but my car will end up blocking the mailbox in the remaining space.

As a side note my verge does look like crap right now as I had some crushed rock delivered for a landscaping job and a local brat decided to spread it all over my verge (loose aggregate on verge is actually not allowed in the council verge guidelines and we are planning to redo this area after winter)

So I'm throwing it out to the OzBargain community, what would be my best action here:

Poll Options

  • 3
    Move the mailbox and park in that spot (not easy)
  • 7
    Move the tree and park in that spot
  • 2
    Remove the tree completely
  • 74
    Stop parking on the verge and shuffle cars in the single lane driveway or park on the road

Comments

  • +24

    Council Installing Trees on Nature Strip

    Good on them. That's part of their job.

    They should plant a lot more

    In VIC, in most councils, it's illegal to park on the nature strip.

    • Good for vic, also other states have that law as well.
      Although laws in other states/countries are kind of irrelevant since my council laws specifically do allow it.

      • +6

        since my council laws specifically do allow it.

        So what are you asking?

        They planted a tree on their property, not yours.

        • The poll should make that pretty clear no?

  • -8

    1 rule of ozbargain, never ask ozbargain about council/law/traffic/driving related questions. This site (and most other australian sites) are absolutely obsessed with following the law to the letter, so you'll never get a reasonable answer.

    If you want a reasonable answer, my advice would be:

    Trees on the verge are actually good and shade your home reducing electricity bills - that's a good thing. BUT, "making the street look better" is some USA HOA bullshit talk. If it's legal to park there, then I say do it.

    So if it were me, I would either:

    • Move the tree
    • Move the mailbox

    Neither are much work so whatever just do it ASAP and get on with life.

    • +5

      following the law to the letter, so you'll never get a reasonable answer.

      So basically, you are saying it is unreasonable to follow the law

      Mods, I've found SlavOz's burner account…

      • Mods, I've found SlavOz's burner account…

        Ha ……..he's got a number of 'em

      • I don't get what your trying to say here, following the letter of the law I am allowed to park there?

      • -2

        you are saying it is unreasonable to follow the law…

        It's unreasonable in most cases to cite the letter of the law and tell people to STFU and follow it. Because this ignores the intent of the law - which is much more important and nuanced than the exact letter of the law.

        What shits me is Australian's very often lack the brain capacity to know the difference between the two.

      • +1

        There is common sense and then there is the law. They often do not align.

    • +1

      Can't beleive you got negged, probably one of the best responses. The ozbargain collective seems to dislike verge parking regardless of when the law allows it.

      The whole making the street look better thing is a crock, I fully admit my verge looks like crap. It wasn't done by the previous owners and was just covered in mulch and nothing else, now its even worse because we had some crushed rock delivered for a landscaping job and one of the local brats spread the pile all over my verge (this is actually not allowed in the council verge guidelines so I do plan on fixing once the weather improves).

      • +3

        Verge parking sucks. It's ugly and chews up the grass. Trees do make a street look better, much better even.

      • -1

        Can't beleive you got negged, probably one of the best responses. The ozbargain collective seems to dislike verge parking regardless of when the law allows it.

        I expect it.

        It's not just ozbargain, it's basically all australian communities. We're a nation of rule-followers over all else. Thinking for yourself is heresy.

        I swear if you did a google search for the phrase "Just pay the fine and move on" - you'd get a x1,000,000 hit result on Australian sites compared to any other english language site.

        • -1

          Damn used up all my daily negs on your posts in this thread

    • Where do you live? Can i come take your stuff? You don't care anyways.

  • +10

    i'd be grateful the council actually doing this, as long as appropriately sized tress, and don't rip too much water out of the ground near your house foundation or have monster roots,
    i'd rather that than a ghetto street with 6 cars for every house at the front

  • +9

    Lol, it's not your land, it's the council's their tree policy would trump your parking policy unfortunately.
    The keyword is also NATUREstrip, a car does not constitute nature unfortunately

    If anything it'll stop your verge from eroding away into a dustbowl.

    I'm amazed that people don't think trees add anything to the street. The amenity and increase in house prices is well documented. Some councils charge $20k+ if you remove a street tree (mature) hence why i'd leave them as is.

    OP looks like you need to sell the car or find another parking spot.

    • -3

      I never said it was my land, the council literlly shows pictures of cars parked on the nature strip stating that its permitted with permission from the home owner.
      https://www.wanneroo.wa.gov.au/info/20035/community_health_a….

      The word nature is irrelevant, the council doesn't even use that in their parking laws. Its also their own published parking laws not my own (they don't have any published tree policy).

      Thankyou for your comment, but its going a bit off topic and too much opinion.

      • The word nature is irrelevant

        No it's not…

      • +3

        Their published tree policy was literally 1 google, methinks you may be going into this with confirmation bias.

        Ensure a minimum of one (1) tree is planted in the verge adjacent to each residential property;

        Street Trees to be planted at no less than five (5) metre centres. (Spacing’s to be dependent upon species type and specific locations);

        If they're closer than 5m you may have some recourse but still.

        also

        Section 6.1 of the City’s Public Places and Local Government Property Local Law 2016, prohibits the damage or removal of a street tree, or part of a tree without a licence.

  • Were the trees installed on the verge adjacent to your property?

    If not, what you refered basically says that you are NOT allowed park on the verge unless you are the owner or occupier of the premises adjacent to that verge, or are authorised by the occupier of those premises to stop the vehicle.

    • +1

      Yeah its the verge directly in front of my yard, I would defintely not park there otherwise.

  • +2

    We need MsPaint diagram please.

  • +3

    Your council planted trees on the verge?

    I moved into a suburb because the streets were lined with big mature trees that had taken a generation to grow to that size from when the suburb was established. Leafy suburbs are cooler in summer and have higher property values. Then a couple of years ago, without consulting residents, the council cut them all down to "refresh the streetscape".

    • Leafy suburbs are cooler in summer and have higher property values.

      Indeed. Heat Island Effect is real.

      Real shame they removed them.

  • More trees for the evil koel birds to squawk in all night in summer…

  • Remove the tree completely

    It's not your land nor is it your tree. Don't even be tempted to do this.
    Move your letterbox to the other side of the drive, if you must continue to park on the council owned verge.

    • +1

      Good idea, unfortunately when we do go ahead with work to improve the look of the verge it might be necessary to at least temporarily dig up the tree though will seek the necessary council permission etc. The existing topsoil isn't suitable for growing lawn etc, so the plan is to dig the whole lot out and put some good soil down.

      The council laws specifically state that parking there is ok so I don't really see any issue with it.

  • +2

    I don't think council is deliberately doing it. I mean they can always install a sign to prevent it.

    As per their website
    Signage may be installed by the City to restrict or prohibit verge parking and must be adhered to regardless of whether permission by the owner or occupier has been given

    So technically you can park there. Move the mail box

    • -4

      In my mind its 100% deliberate.
      Both me and my neighbour on the left park our cars there and we both got a tree. Neighbour on the right doesn't park their car there and didn't get a tree. So now we have an uneven pattern of houses with/without trees, which doesn't really help the aesthetics.

      There are many other unnatractive verges at moment as they recently dug up most of them to install underground power, and only 3 houses in the street got a tree (all 3 of us regularly park on the verge).

  • +3

    Park you car on top of the tree. Problem solved.

    • +3

      Better yet: plant a tree on top of your car!
      Improves the amenity of any verge you park on and keeps your car cool in summer.

  • +1

    kerosene works.

  • +4

    If only you had a garage to park your car in….

    https://www.ozbargain.com.au/comment/12275537/redir

  • Check with council as to the type of tree and location of the tree in terms of your sewer line.

  • Paint the car green and make a statement! I will help you breath!

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