Overgrown vegetation

overgrown vegetation

 

Hornsby Shire Council is known as the Bushland Shire and is filled with a unique mix of leafy urban areas, rural farms, commercial precincts and bushland.

Not all property owners choose to maintain their land in a ‘park like’ condition, and some may not have the ability to do so. However, vegetation can sometimes become excessively overgrown. When this occurs, it may create unhealthy conditions that can negatively affect neighbouring residents.

Council is limited in its ability to take action on overgrown vegetation solely because it is overgrown. Council must first be satisfied that the overgrown vegetation is causing unhealthy conditions through providing harbourage for vermin that has the potential to spread disease (e.g. rats and mice).

What is unhealthy overgrown land?

Considerations that may support Council’s investigation into unhealthy or overgrown land:

  • The property is located in a built-up area. For example, in the following residential or business zones – R2, R3, R4, RU5, E1, E3, E4 or MU1.
  • The vegetation consists of weeds, vines and/or grasses over 50 cm in height, covers more than 50% of the property, and is located within 10 m of a building (not including an outbuilding e.g. a shed).
  • The presence of food sources.
  • Detailed information/evidence of the harbourage of vermin and impacts to the complainant are provided. 

What is not unhealthy overgrown land?

  • ‘Unsightliness’ – not everyone has the desire to maintain their properties in a ‘park-like’ condition. An untidy property does not necessarily mean that the property is in an unsafe or unhealthy condition.
  • Native wildlife – native wildlife is not considered to be vermin and is protected under the National Parks and Wildlife Act 1974. It is recommended that you contact the National Parks and Wildlife Service or a wildlife rescue/relocation service should you have concerns regarding native wildlife such as snakes.
  • The overgrown vegetation consists of native vegetation.
  • Fire Risk – concerns regarding the potential fire risk of overgrown vegetation should be directed to the NSW Rural Fire Service.
  • Overgrown vegetation in the following settings is generally not considered unhealthy overgrown land. In these areas, dense vegetation is typical for the area, and the property is less likely to provide extra shelter for vermin. This applies unless there is clear evidence that food waste is attracting or supporting vermin:
    • Land near bushland, reserves or watercourses.
    • Properties in rural zones.

What are my next steps regarding unhealthy overgrown land?

Step 1: Talk to your neighbour

Before lodging a complaint, Council encourages residents to speak directly with the property owner in the first instance. Often, people are unaware that the state of their property is impacting others. A calm, respectful conversation can resolve most issues quickly and help maintain good neighbourly relationships.

Legal Aid NSW provide information about talking to your neighbour, including example letters you may use to send to your neighbour if direct contact is not available or appropriate.

Step 2: Lodge a complaint

You can lodge a request with Council. Please include photos of the property when lodging a request.

If a property meets the criteria for unhealthy overgrown land, Council will write to the owner in the first instance to bring the matter to their attention and seek their cooperation to maintain the property.

If the issue remains unresolved, Council may investigate further and, if necessary, take appropriate action.

Lodge a request here

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