Overhanging Trees and Plants (Fact Sheet 1)

Council appreciates your effort in cutting back any vegetation that does not comply with the following regulations.

At the 19 June 2018 Council Meeting, Councillors resolved to adopt a new revision of the "Community Living Local Law Number 1". The information on this page is in the process of being updated, and may no longer be correct.

Until this page is updated, you should refer to the full local law document, which has the latest information.

For any enquiries, please contact us on (03) 5832 9700. We apologise for any inconvenience caused during this time.

Community Living Local Law No 1 states:

2.9 Trees and Plants

  1. No person shall allow trees and plants growing on his or her property to encroach upon any "highway" at a height of less than 3.5 metres.
  2. No person who owns or occupies property abutting any highway shall allow trees and plants to grow in such a manner that they constitute a danger to vehicle users by preventing a clear view of other vehicles or signs or signals installed to control, direct, guide, regulate or warn vehicle users.

Please note: A highway is defined as a street, road, lane, bridge, thoroughfare or other place open to or used by the public for passage with vehicles, and includes every public car-park, bus shelter, carriageway, footpath, traffic island, street, gutter, drain and nature strip, and includes a mall.

Penalty

First offence - 2 penalty units ($200.00)
Second or subsequent offence - 4 penalty units ($400.00)

If you have received a Caution Notice/Notice to Comply please ensure that you follow the compliance details and complete the required work by the specified date.  If you are unable to complete the works within the time specified please call the Issuing Officer as soon as possible before the date to discuss an extension.  Failure to comply may result in an infringement being issued.

For more information please contact the Local Laws Branch on (03) 5832 9741.