A landscaped area refers to the portion of land between the property boundary and the kerb, where there is a continuation of the property garden and garden structures in this area. Garden structures include kerbing, rock formations or other formed structures which impede pedestrian access through the footpath area.
When a landscaped area is identified for the footpath program, Council will inform the property owner of Council's Policy, public liability risks associated with the area, and their responsibilities and requirements under the Local Government Act. The alignment of the footpath will be, wherever possible, adjacent the back of the kerb to minimise impact on landscaped areas. A site assessment will be required to select the best footpath alignment prior to construction to allow for factors such as stobie poles, trees, existing constructed footpaths and pedestrian safety.
In such a case where all property owners of a street identified for a concrete footpath object to Council constructing a footpath along that street, each property owner will;
- meet with a Council Officer to inspect the area in question and identify and document action that needs to be taken to make the area safe for pedestrian traffic;
- reach an agreement on the course of action to be taken and who will carry out the work;
- submit to Council an Authority for Works Permit application for the area, including any remedial action required, and provide a plan detailing the landscaping and its location; and
- take out Public Liability Insurance for that section of land and indemnify Council against any tripping hazards. Council can direct the property owner to remove unauthorised landscaping, or carry out remedial work to bring the area in line with permit conditions.