Overhanging Trees and Plants Causing an Obstruction

Trees and plants, signs, or other structures that overhang or obstruct the footpath or road can cause a hazard to pedestrians and motorists.

It is the responsibility of the owner or occupier of the property to maintain any vegetation and to remove any obstruction on their land so it does not cause a hazard. Council appreciates residents regularly cutting back vegetation and removing any hazards on their own property to ensure that they comply with Council's Local Law.

Community Living Local Law Number 1, 2018 Clause 2.6 states:

A person must not, on any land which they own or occupy, permit any vegetation growing on that land, or any sign, structure or other thing located on that land to obstruct or interfere with:

  • the passage of traffic on a road;
  • the clear view of any driver or pedestrian lawfully using a road of any other vehicle, pedestrian or traffic control device upon a road;
  • the view between motor vehicles and trains at a railway level crossing; or
  • street lighting or any traffic control signal or sign;
  • to otherwise constitute a danger to vehicles or pedestrians or compromise the safe or convenient use of an abutting road;
  • to overhang any footpath or road at a height lower than 3.5 metres from the surface of the footpath or road; or
  • to accumulate dropped berries, leaves or other materials on a footpath so as to cause obstruction or danger to any pedestrian. 

Report overhanging trees, plants, signs and other obstructions

Under the Local Law, Council Community Rangers investigate and commence legal action for any potential breaches of Council's Local Law. If you wish to report an overhanging plant, sign or other potential obstruction, or require further information, please contact Council.

Planning Scheme

Under Council's Planning Scheme, the removal of native vegetation or protected trees without a Planning permit is an offence. Please contact Council for more information.

Notice to Comply

If you have received a Notice to Comply from a Community Ranger to trim vegetation, or to remove a sign, structure or other thing, please ensure that you complete the required work by the specified date. Failure to comply may result in legal action being taken including $200 on-the-spot infringements. If you wish to discuss the Notice, please contact Council.

Overhanging trees and plants onto private property

Council Officers are unable to request a person to remove or cut back private trees that overhang or drop leaves onto private property.

If you have concerns regarding the trees or plants from a neighbour’s property trees falling into your private property, the Dispute Settlement Centre of Victoria offers free help to resolve these kinds of disputes. For information visit the Dispute Settlement Centre website, or call their Shepparton Office on (03) 5858 7653.