Foliage fiasco: Retiree roots for justice against council's hefty fine!
- Replies 53
In the tranquil suburbs where the Australian dream of a beautiful home and garden is cherished, one might not expect that the simple act of gardening could lead to a financial nightmare.
Yet, this is precisely the predicament faced by a retiree on the Mornington Peninsula, whose passion for plants has put him at odds with local council regulations.
Neil 'Mac' McPherson, a 79-year-old retiree, found himself in a thorny situation after the Mornington Peninsula Council ordered him to remove a series of agapanthus plants from a nature strip outside his home.
The plants, which McPherson tended to with great care for 6 years, were deemed an unauthorised use of council-owned land.
The council's ultimatum: uproot the plants or face a hefty fine of $7,692.
The agapanthus have been a source of pride for McPherson, whose efforts have not gone unnoticed by his community.
Neighbours often complimented the lush greenery and vibrant blooms that contrast sharply with the less-maintained council strips nearby.
However, the council's stance is clear: no permission was granted for the planting, and a concrete path leading to McPherson's carport has been labelled 'illegal’.
‘We've watered and meticulously looked after them the whole time,’ McPherson argued.
‘I love the aggies. My wife's an aggie girl.’
According to McPherson, his plight began innocuously enough when he applied for a permit to construct a carport.
‘While [the inspector] was here, he took a photo of our aggies along the kerbside, and sent a notice to compliance saying these are against the bylaws,’ he recalled.
‘It must have been an overzealous person. That's how it all started.’
‘If I hadn't applied for a carport I wouldn't have this problem I'm having now,’ he added.
Last September, McPherson received a notice from Mornington Peninsula Shire to address the situation, and now he must either remove the agapanthus at his own cost, or face the penalty fine.
'It's shocking. I've spent hours awake at night, mad as hell. But I'm a bit old fashioned and I ain't giving in,' McPherson stated.
‘You'll find them everywhere [the agapanthus]. There's no question [the council have] got it out for me.’
‘It's got to be discriminatory, because you'll find other examples of it everywhere. So why me?’ he continued.
His requests for leniency had been met with rejection, and the council remained resolute in its demand for the removal of the plants.
‘It's just made our life a bit of a misery, and at our age, we don't need it,’ McPherson lamented.
‘All we've asked for is a fair go and some common sense. What really is lacking here is good old fashioned common sense—and [council] haven't got any.’
The Mornington Peninsula Shire defended its position.
‘This issue relates to the illegal construction of a concrete path, and the unauthorised landscaping of a nature strip,’ a spokesperson explained.
‘No fines have been issued, but Mr McPherson has been asked to remove the landscaping from the nature strip outside his property.’
‘The Shire did not take six years to issue a compliance notice. We responded to this issue as soon as it was reported to us,’ they added.
In Australia, the rules regarding the use of nature strips for gardening vary from council to council, leaving residents to navigate a patchwork of regulations that can be as perplexing as they are punitive.
As one retiree found himself embroiled in a dispute with the local council over fines related to his meticulously maintained plants, another pensioner faced a similar ordeal.
The juxtaposition of these cases highlighted a recurring issue where seniors are subjected to insensitive fines by local authorities.
Despite their efforts to uphold their properties, these individuals find themselves at odds with bureaucratic measures that fail to recognise their circumstances.
Such instances underscore the need for greater compassion and understanding in the enforcement of regulations affecting senior citizens.
What are your thoughts on McPherson's situation? Do you take his, or the council’s side? Have you encountered a similar experience? Share your insights and experiences in the comments below.
Yet, this is precisely the predicament faced by a retiree on the Mornington Peninsula, whose passion for plants has put him at odds with local council regulations.
Neil 'Mac' McPherson, a 79-year-old retiree, found himself in a thorny situation after the Mornington Peninsula Council ordered him to remove a series of agapanthus plants from a nature strip outside his home.
The plants, which McPherson tended to with great care for 6 years, were deemed an unauthorised use of council-owned land.
The council's ultimatum: uproot the plants or face a hefty fine of $7,692.
Neil McPherson is potentially facing a hefty fine for illegally planting agapanthus and constructing a concrete path on a nature strip according to the local council. Credits: Shutterstock
The agapanthus have been a source of pride for McPherson, whose efforts have not gone unnoticed by his community.
Neighbours often complimented the lush greenery and vibrant blooms that contrast sharply with the less-maintained council strips nearby.
However, the council's stance is clear: no permission was granted for the planting, and a concrete path leading to McPherson's carport has been labelled 'illegal’.
‘We've watered and meticulously looked after them the whole time,’ McPherson argued.
‘I love the aggies. My wife's an aggie girl.’
According to McPherson, his plight began innocuously enough when he applied for a permit to construct a carport.
‘While [the inspector] was here, he took a photo of our aggies along the kerbside, and sent a notice to compliance saying these are against the bylaws,’ he recalled.
‘It must have been an overzealous person. That's how it all started.’
‘If I hadn't applied for a carport I wouldn't have this problem I'm having now,’ he added.
Last September, McPherson received a notice from Mornington Peninsula Shire to address the situation, and now he must either remove the agapanthus at his own cost, or face the penalty fine.
'It's shocking. I've spent hours awake at night, mad as hell. But I'm a bit old fashioned and I ain't giving in,' McPherson stated.
‘You'll find them everywhere [the agapanthus]. There's no question [the council have] got it out for me.’
‘It's got to be discriminatory, because you'll find other examples of it everywhere. So why me?’ he continued.
His requests for leniency had been met with rejection, and the council remained resolute in its demand for the removal of the plants.
‘It's just made our life a bit of a misery, and at our age, we don't need it,’ McPherson lamented.
‘All we've asked for is a fair go and some common sense. What really is lacking here is good old fashioned common sense—and [council] haven't got any.’
The Mornington Peninsula Shire defended its position.
‘This issue relates to the illegal construction of a concrete path, and the unauthorised landscaping of a nature strip,’ a spokesperson explained.
‘No fines have been issued, but Mr McPherson has been asked to remove the landscaping from the nature strip outside his property.’
‘The Shire did not take six years to issue a compliance notice. We responded to this issue as soon as it was reported to us,’ they added.
In Australia, the rules regarding the use of nature strips for gardening vary from council to council, leaving residents to navigate a patchwork of regulations that can be as perplexing as they are punitive.
As one retiree found himself embroiled in a dispute with the local council over fines related to his meticulously maintained plants, another pensioner faced a similar ordeal.
The juxtaposition of these cases highlighted a recurring issue where seniors are subjected to insensitive fines by local authorities.
Despite their efforts to uphold their properties, these individuals find themselves at odds with bureaucratic measures that fail to recognise their circumstances.
Such instances underscore the need for greater compassion and understanding in the enforcement of regulations affecting senior citizens.
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