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.


compressed-shutterstock_766971835.jpeg
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.
 
Last edited:
Sponsored
It seems one gets a fine for NOT maintaining ones nature strip and also gets one for doing so. Really, what harm is this doing? The plants are pretty and actually putting oxygen into the air. This is yet another Big BROTHER is watching you.
 
I think the council is pretty petty, just revenue sourcing, but it is up to the home owner to mow the nature strip.
 
Councils are a breed of their own. My friend replaced the rotting veranda at her place after she rang the council to see if she needed plannin permission to do so. She was told as long as the job came under $11,000 she didn’t need a permit. I know this is true as we enquired about building a garden shed around the same time and we were told the same. Anyway, jump forward a few years and a council official knocked at her door and said the veranda was causing a house below her to flood and that she needed to get her veranda legal and fix the drainage or they would rip it down. Long story short it turned out that it wasn’t her veranda causing the flooding but the roots of a row of trees that the council had planted! They hounded her over this for months so much so she ended up in hospital with heart problem. Did she ever get an apology - Never!
 
  • Sad
Reactions: KaraJenna
Petty. Nasty, Money Hungry Disgusting Local Councils. Sure pull up your beautiful plants and give them to the council, dirt, roots and all dumped in their reception area with a HUGE note on it explaining why. Serve them right.
 
Obviously respondents are not aware, nor apparently the council, that aggies are a declared weed and illegally planted in those declared areas. It wouldn't be an issue if owners deheaded them before the seeds form. On thecoast they are prevalent at mostly unoccupied holiday houses. Irritating.
 
Agapanthus are just like a weed! If not cut back the seeds just drop & grow anywhere. For once I agree with the Council. They should be removed. A lot of Councils will not allow them!
 
Maybe locals can counter fine Councils for lack of care of Council Nature strips, that are not mown often enough, if the Resident declines to mow such Nature strips. I have seen so many Council areas that have long grass, grass growing over the pavement, weeds growing along cracks in the road, then sprayed, so its long brown weeds. Yet when people care what their place and neighborhood looks like, make it a pleasure to walk down the street, you`re in trouble.
 
  • Like
Reactions: scottbrs
Typical of Mornington Shire, they can’t even look after the parks and maintain the roads, keep the streets swept & clean which is very rare.For this we pay top rates & getvery little. They are mor3 interested in fining people that have planted a tree or plants on the nature strip to beautify the area.
A lot of th3 suburban streets don’t even have footpaths, people are forced to walk on the road.
 
Many years ago, I recall reading a similar story in our local newspaper.
A retiree (I'll call him Mr Smart), did a similar thing, however, he went a bit further and replaced the turf to a more sturdy and attractive variety.
He received the same kind of notice. Either you remove your additions or you will be fined.
So, the man did as he was told.
The only thing was, in the same notice, Council made the declaration that he was not entitled to do any work in that area, as it is council property.
So, Mr Smart decided not to look after that area at all. He did not mow, trim, neaten .... nothing.
Then he received a notice that there had been complaints made to council about the growth at the front of his property and was advised he should take care of it.
Mr Smart said, no, I cannot do that. That is Council property and I am not allowed to touch it. I have a copy of Council's rather pompous letter here to prove it. He said to council, if you want that area mowed and cleaned up...do it yourself.
2 months later, council turned up and mowed.
It happened again .... and again, he said your property... your problem.
When I read that my immediate reaction was Mr Smart, you are a champion. I did some air fist pumps and celebrated one of the very rare instances of someone beating City Hall.
The garden in the area with the agapanthus is beautiful. I cannot believe someone would find good cause to have it removed. I think the inmates are running the asylum.
 
About time the councils took care of their own nature strips in that case. I’ve tended mine since moving in but it’s basically made up of weeds however I’m not putting my hard earned cash into replacing the grass.
 
While it's great we all support this gentleman having his beautiful Aggie's out front, and offer our comments here, is there anything else, as a club with lots of members, we can do to offer support? For example, can a petition be made to council that our members can sign? Would this assist in making his case more strongly to council? Perhaps this is a golden opportunity to unite, and have our voices heard, against the selective hearing of bureaucracy. What does everyone think?
 
  • Like
Reactions: natalielocket
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 wonder what the outcome of this particular council problem was.
Hope the homeowner won his case, bloody minded councils could surely find something better to do
 
  • Like
Reactions: natalielocket
Councils can’t look after their own verges, but expect rate payers to look after theirs. They then fine you or make you remove any plants that you have planted to beautify your verge. Some of the native trees councils plant on verges look pretty ordinary and do nothing to enhance the streetscape.
 
  • Like
Reactions: natalielocket
What if someone's intoxicated or under the influence of drugs or whatever and walk into the garden/fence. The fact that the garden is on road reserve, this opens up to Council being sued as a result. Irrespective of the person's state. The onus should really be on the individual, however that is not how liabilities work in this instance. As Council's are extremely risk averse, they just don't want additional risk.o

In that case we should all pull our front fences down, in case they happen to be an inch or so on the verge and someone walks into it and sues the council.
How ridiculous, how much are you going to get hurt tripping over an agapanthus, they're so close to the fence it's virtually impossible.
Perhaps councils should
rip up the lawns on verges in case people slip on them.
 
In that case we should all pull our front fences down, in case they happen to be an inch or so on the verge and someone walks into it and sues the council.
How ridiculous, how much are you going to get hurt tripping over an agapanthus, they're so close to the fence it's virtually impossible.
Perhaps councils should
rip up the lawns on verges in case people slip on them.
No use stating your case with me, as I don't work for the local Council. lol
 
  • Like
Reactions: mylittletibbies
Ah well, the local idiot Council where I live wants to waste $70 000 000 of taxpayers' money on ripping up two city centre public parks to create a "world-class" training centre for AFL wannabees to learn how to kick their balls around.There are already two AFL-type bump-kick-and-bash "footie" grounds next to each other just 6 minutes down the road, O ye brain-dead Clarence City Council, and one of them already has a small stadium and no doubt changing rooms, not to mention plenty of car parking.

But it's a part of the Tasmanian Liberal State government's taxpayer fundedn$750 000 000 rort for the AFL, It would more in the public interest to build a second public hospital on Hobart's Eastern Shore; that too would "create jobs".
 

Join the conversation

News, deals, games, and bargains for Aussies over 60. From everyday expenses like groceries and eating out, to electronics, fashion and travel, the club is all about helping you make your money go further.

Seniors Discount Club

The SDC searches for the best deals, discounts, and bargains for Aussies over 60. From everyday expenses like groceries and eating out, to electronics, fashion and travel, the club is all about helping you make your money go further.
  1. New members
  2. Jokes & fun
  3. Photography
  4. Nostalgia / Yesterday's Australia
  5. Food and Lifestyle
  6. Money Saving Hacks
  7. Offtopic / Everything else
  • We believe that retirement should be a time to relax and enjoy life, not worry about money. That's why we're here to help our members make the most of their retirement years. If you're over 60 and looking for ways to save money, connect with others, and have a laugh, we’d love to have you aboard.
  • Advertise with us

User Menu

Enjoyed Reading our Story?

  • Share this forum to your loved ones.
Change Weather Postcode×
Change Petrol Postcode×