Damage to Council Assets by Trees on Private Property Policy

Adopted by Council on 7 February 2011

Policy Goals

Within Latrobe City landowners are responsible for any damage caused by their trees to Council assets. In the interests of public safety and customer service when damage is caused to footpaths or storm water drains the property owner will be notified and requested to take action to prevent further damage. If no preventative action is taken by the property owner they will be notified that they will be liable for the cost of any further maintenance work required because of the offending tree. The Council will provide advice to enable property owners to take appropriate corrective action.

Policy Implementation

Footpath Damage

The following action will be taken when it is determined that a tree located on private property is causing damage to Council infrastructure.  The footpath will be replaced or the joint ground as appropriate and a letter will be forwarded to the property owner advising: -

  • that a tree from their property is causing damage to the infrastructure;
  • that the infrastructure will be repaired by the Council
  • that the property owner needs to take action to prevent further damage, such as, the installation of a root barrier or the removal of the tree.
  • that the property owner may be liable for the cost of future infrastructure repairs if appropriate preventative action is not taken.
  • that the property owner may be involved in litigation if appropriate preventative action is not taken and an accident occurs.

This policy has been reviewed after giving proper consideration to all the rights contained within the Charter of Human Rights and Responsibilities Act 2006; and any reasonable limitation to human rights can be demonstrably justified.