Ipswich City CouncilNeighbourhood Issues
Most people would like to resolve issues with their neighbours in a harmonious way privately and between themselves, but disputes still sometimes occur. The most common causes of disputes between neighbours are dividing fences and retaining walls, as well as overhanging trees and animal issues (barking dogs, roaming livestock etc). Fencing and Tree DisputesUntil recently, neighbour disputes over fences were addressed by referring to the Dividing Fences Act 1953 which covered all aspects of fence construction and repair as well as civil obligations. These issues are now covered in the Neighbourhood Disputes Resolutions Act 2011 which became law as of 1 November 2011. The Act includes a wider definition of the term ‘fence' (including hedges) and clearer definition of ‘sufficient dividing fence'. Should your property adjoin Council land, you may wish to contact the Property Team on 07 3810 6625 to review your fence/fencing proposal. The Act is also applied to neighbourhood disputes concerning trees, stating that the responsibility for proper care and maintenance for a tree rests with the tree keeper. By providing more choices for neighbours about tree / fencing issues affecting their properties, the Act will help residents to more actively resolve dispute issues themselves. Overgrown PropertiesOvergrown properties can harbour vermin and/or create fire hazards. Vermin can carry and spread many types of disease to both humans and animals, and can also attract other animals such as snakes in search of food. To ensure that properties are managed correctly and do not attract vermin or become unsightly Council enforces the requirements of Local Law 18 (Nuisances). This Law has nuisance provisions for overgrown properties, visual pollution and airborne hazards (material that is not held down safely and is likely to be a hazard). Council strongly encourages overgrown property issues to be discussed and resolved between the relevant neighbours. For information on the responsibilities of property owners in relation to overgrown vegetation, we recommend consulting our handy fact sheet below.
A Council officer will visit the property and take any necessary action. If it is determined that a property is overgrown, Council officers may request the owner/s of the properties to clear the vegetation, to an extent and in a time specified in a notice.
If it is determined that the property is causing visual pollution, where objects or materials have accumulated to such an extent to detract from the visual amenity of the land, an occupier may be requested to carry out such work to remove unsightly objects or take other specific action to stop the nuisance. If you have a problem with an overgrown allotment or you would like more information regarding these requirements call Council on (07) 3810 6666 or email council@ipswich.qld.gov.au. If you see any potential fire hazards on a neighbouring property, contact Queensland Fire and Rescue. Stormwater ControlIf you are experiencing issues relating to stormwater runoff you'll be happy to learn these situations can be easily resolved in many cases. The Local Government Act 2009 (Chapter 3, Part 3, Division 2 - Stormwater Drains) makes provisions for the control of stormwater in residential areas. This includes the fitting of stormwater installations in properties including roof gutters, downpipes, subsoil drains and stormwater drainage. Please note: Overland stormwater flow is generally a civil matter to be resolved between yourself and your neighbour. In many cases, water that is coming from the neighbouring property is flowing naturally via the ground. This can be caused by factors such as high rain volumes causing water to flow down the natural fall of the land. Water that cannot enter the underground drainage system will find its natural way to the nearest watercourse via overflow paths which can include roadways, public reserves, pathways and frequently through private property. Council strongly encourages stormwater issues to be discussed and resolved between the relevant neighbours. To keep informed on the responsibilities of property owners and Ipswich City Council in relation to stormwater, we recommend consulting our handy fact sheet below.
MediationThe Queensland Government has developed a Neighbourhood Mediation Kit which provides advice on how to approach your neighbour to discuss a concern and tips on setting up mediation. For more information on neighbourhood disputes you can also contact Legal Aid Queensland or Justice Services' Dispute Resolution Branch. The Dispute Resolution Centre can be contacted on 1800 017 288 (toll free) or by post to:
Dispute Resolution Branch For more information on this service please visit the Queensland Government Department of Justice and Attorney-General website. Help Us Create an Even Better IpswichWithin the Health, Security and Regulatory Services Department we have identified which issues we receive high numbers of complaints for. Listed below are the issues which could be discussed between neighbours without the need for Council's involvement in the matter. We have then developed a letterbox drop style of form which you may wish to use. Simply print out the form that relates to the issue you are concerned about, fill in your details if you wish (this is optional) and place it in your neighbour's letterbox.
Most of the time, people will take steps to fix an issue once they are aware it is creating a nuisance for their neighbours. If neighbours can't resolve these matters Council may be able to assist if it falls under an appropriate law or regulation or refer residents to the appropriate agency. Contact Council on (07) 3810 6666 or email council@ipswich.qld.gov.au.
Last Updated 15 Mar 2012 |
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