My fences have been damaged by falling trees. Will Council pay for their repair?
Macedon Ranges Shire is the home of many thousands of trees and they provide one of the great features of living in our community. The Macedon Ranges environment is enhanced by its tree-lined streets and avenues that form an integral part of the Shire’s appeal.
To manage the large number and diverse range of trees, Council has a Tree Management Policy to maintain best-practice tree management and maintenance standards. Council conducts audits of Council owned trees periodically in order to identify dead, dying or overextended branches or the presence of signs of structural defect.
Council endeavours to limit potential damage to property from fallen Council owned trees or branches through regular tree audits and prompt response to notification of potential hazards. It should be remembered that in certain weather conditions even strong and healthy trees or branches can fall causing damage.
Council is unable to reimburse costs associated with damage from falling trees and branches unless there is a clear case of negligence on behalf of Council through failure to adhere to the requirements of its Tree Management Policy. It is a good practice to call your own insurer (house/car/property) as this may be quickest path to get the costs of repairs paid. If Council is liable for the damage, your insurer will recover from Council’s insurance.
If you believe you have a claim for damages against Council, your claim will be forwarded to the Risk Unit for assessment and determination.
My fences have been damaged by a contractor cleaning up trees. Will Council pay for their repair?
During normal operations, damage caused by a contractor is the responsibility of that contractor. Council retains a level of responsibility for services carried out by contractors on its behalf. During clean-up operations, Councils Complaints Policy requires complaints about contractors to be made through Council’s Customer Services and they will see the matter is sent to the relevant department of Council and the Risk Unit.
Council will ensure the complaint is followed up and advise you in relation to any appropriate action to be taken.
Please note not all contractors involved in clean-up work are necessarily appointed by Council. It is suggested you take photos of any damage and of any identifying numbers or names on vehicles/equipment being used by the contractor.
If you cannot identify the contractor, our Operations team can make enquiries to see if the contractor involved was a Council-appointed one and provide you with contact details.