Foliage fiasco: Retiree roots for justice against council's hefty fine!

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.


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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.
Key Takeaways

  • An Aussie retiree is potentially facing a $7,692 fine from the local council for illegally planting agapanthus and constructing a concrete path on a nature strip.
  • Neil 'Mac' McPherson has been praised by neighbours for the meticulous care of the plants outside his property, contrasting with the nearby council-maintained land.
  • McPherson argued that his garden is better maintained than the council's nature strip, but the council insists on the removal of his plants and the path.
  • The Mornington Peninsula Shire has not issued a fine yet, but has asked McPherson to comply by removing the landscaping, which they describe as illegal and unauthorised.
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.
 
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Councils are supposed to maintain these 'nature' strips I believe but you never see them watering them or weeding them. I just let mine die when it is dry....they want it green then they need to water it.
 
The homeowner/tenant has to maintain the council’s nature strip outside their property at the owners own expense, with no regard from the council.
Have the property owner send the council an invoice for the maintenance fees for the council owned property.
 
So this gentleman has grown these plants and tended them for six years and now they are a problem. What a load of BS.
Who are they hurting, what is their problem.
Just another case of small minded counsellors throwing their weight around. Perhaps they should remember who puts them there and who can just as
easily vote them out.
Most Councils do not take care of their verges if they did they would have noticed this six years ago.
As far as the path is concerned they can provide him with a retrospective permit
They should be grateful this gentleman takes such good care of "their" verge and encourage others to do the same.
Small minded bigheads full of their own "perceived" importance
 
I saw a concrete path all the way up the road in the photo!
Councils are the epitome of anger. Mostly people mow their verges, though they don’t have to. It’s about having PRIDE of their surroundings.
If ratepayers had a reduction in their rates because of “free landscaping and maintaining”. then it could be worthwhile, but NO, the councils are money making grubs and also wasting money like it’s their right.
There is not a brain cell between them.
PENSIONERS UNITE!!!!!!!
 
The homeowner/tenant has to maintain the council’s nature strip outside their property at the owners own expense, with no regard from the council.
Have the property owner send the council an invoice for the maintenance fees for the council owned property.
Councils? A sad reflection on Australian bureauratic mentality. They mess with some bloke about planting some flowers on the nature strip he is supposed to spend time and money maintaining, and yet they release hundreds of sq km of otherwise good arable farm-land to let builders add to Australia's damaging urban sprawl. And despite Anthropogenic Global Warming they still allow development on sand-dunes next to the sea!
 
What a joke! The council expect us to mow and tend to the council owned nature strip outside our houses (for free). In our street (in the Penrith Council area of NSW) we don’t even get a weekly street sweeper truck, we have to maintain that ourselves too, (again, for free)! I say it’s about time residents start protesting by not tending to the nature strips outside their homes for a few months and see how much the council start to object then! The councils should not be allowed to have it both ways!
Stand your ground, “Mac”! Those agapanthus are not harming anyone, they are giving joy!
BAD FORM, COUNCIL!!!
 
Yet if he never mowed and looked after it he would cop a fine.
Unbelievable it is making the street look beautiful, I bet they get plenty of compliments.

A few people a couple of streets away from me actually have gardens on the footpath and it looks gorgeous. I said this to one of their neighbours but they replied , if they needed to park there it made it hard for the passenger. But they have never complained and council hasn't said anything yet. Hopefully they dont.
 
So this gentleman has grown these plants and tended them for six years and now they are a problem. What a load of BS.
Who are they hurting, what is their problem.
Just another case of small minded counsellors throwing their weight around. Perhaps they should remember who puts them there and who can just as
easily vote them out.
Most Councils do not take care of their verges if they did they would have noticed this six years ago.
As far as the path is concerned they can provide him with a retrospective permit
They should be grateful this gentleman takes such good care of "their" verge and encourage others to do the same.
Small minded bigheads full of their own "perceived" importance
The only path I see is that concrete footpath and a driveway to the road.
If those are illegal then that council is indeed irresponsibly stupid.
 
The only path I see is that concrete footpath and a driveway to the road.
If those are illegal then that council is indeed irresponsibly stupid.
I thought they probably meant his drive crossover.
They do make you get a permit for that here in WA.
And the only reason for that is so they can charge you for the permit.
 
I miss the old Australia ....
Now
😡LABOR😡
Tanya Plibersek Minister for the Environment and Water of Australia, is planning to shoot and kill the wild horses of Australia.
🐎🐎🐎🐎🐎🐎
 

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