Landscaping on Council controlled land

A road verge is the area of public land located between a property boundary and the adjacent road kerb. The verge allows for access to properties and accommodates above and below-ground service utilities, street trees and footpaths. They may also be referred to as a nature strip or street verge.

Road verges are part of a public road reserve owned by Council. It is important to remember the primary purpose of a road verge is to accommodate essential infrastructure (including street trees) and provide a safe transport corridor for pedestrians. Therefore, placement of plantings, and the species of plant is important.

Residents, as of right, may plant a verge garden adjacent their property and do not require a permit from Council. However, residents must ensure they follow the Guidelines listed below to ensure landscaping will not impact safety of pedestrians and surrounding infrastructure. If your landscaping project meets the guidelines, then you may proceed to plant. If your landscape project does not meet the requirements of the guidelines, then you are not permitted to plant and will need to contact Council and may require a permit. Council does not permit landscaping other than grass within the area between the kerb and footpath
or the kerb and future pedestrian access.

The resident is responsible for any landscaping and/ or turfed areas adjacent their property (with the exception of street trees). All verge gardens must be maintained to a healthy and aesthetically pleasing standard.

Council is responsible for planting, removing and maintaining street trees on the road verge. Council reserves the right at any time to remove landscaping to perform works that are required to manage any service or infrastructure (including street trees). Priority must always be given to maintenance and access for pedestrian movement, postal and utility services, water and sewerage, power, gas, telephones, and optic fibre cables.

If adequate access is not provided, Council will request the resident to remove or make changes to their verge garden. Should a street tree or service become damaged because of a poorly placed verge garden, the resident will be responsible for the costs associated to replace the tree or fix the service.

From time to time, a third party may damage or remove a verge garden to undertake necessary maintenance without rectification or compensation to the resident. Examples of third parties include telecommunications or electricity companies.

Health and safety precautions are the responsibility of the resident establishing the garden. If you are interested in verge gardening, please consider basic safety precautions such as appropriate clothing, appropriate and safe use of tools and sun protection. Residents should always check ‘Before You Dig Australia (BYDA)’ before digging in any soil on Council land. This is to avoid damage to services and expensive repair costs. Please visit the BYDA website for more information. When planting a verge garden, residents must ensure that all gardening tools and other landscaping equipment are kept off the road and footpath to prevent accidents and to keep the area safe.

Once a resident has completed their verge garden it is their responsibility to care for and maintain the verge garden. Verge gardens need to be watered, kept free of weeds, and pruned to maintain a suitable height and spread (must not encroach upon footpaths or driveways).

Verge gardens must not impede pedestrians, vehicles or cyclists’ movements, and must not obstruct sight lines to ensure safe movement of traffic within Council-controlled land or roads If verge gardens become overgrown and/ or begin to pose a safety hazard Council will request the resident to carry out remedial works or even remove the garden. If the resident is unable or unwilling to complete remedial works, Council will remove the vegetation without compensation to the resident.
Council does not carry out routine mowing on road verges or maintain vegetation planted by
residents

If you believe a verge garden does not comply with these guidelines, please contact Council via ‘Report a Problem’ function on the MyCairns app or Council website. Following receipt of a complaint or request to remove vegetation, Council officers will conduct an inspection and provide a recommendation for action based on the provisions of this General Policy and the provisions contained within Cairns Regional Council Administrative Instruction Dealing with Vegetation Matters on Council Controlled Land.