Sutherland Shire Council has scrapped plans to dig up part of the triangular footpath around a picturesque street garden at Caringbah.
The change of heart followed questions from the Leader and a petition by 50 doctors, nurses and other staff at Sutherland Hospital staff, who are among regular users of the path.
Bruce Heyward, a pensioner, who has meticulously maintained the garden and lawn outside his home for 21 years, said “people power” had triumphed.
Mr Heyward said he had contacted numerous people on the council, including the mayor, councillors and senior officials, without success.
“I had exhausted all avenues apart from Donald Trump, who has his hands full,” he said.
A council spokeswoman said on Friday, “Council has worked with Mr Heyward to resolve the matter and the footpath will remain in place”.
The council decided to remove the footpath that runs alongside the fence of Mr Heyward’s home after discovering part of it was on his property.
The council told him if someone had an accident on the section of path that was on private land they would not be covered by council’s public liability policy.
“I assured the council any such incident would be covered by my personal Insurer, which I have in writing,” he said.
Mr Heyward initially sought compensation for the public use of his land, but when told “the council has no money”, asked the path be left as it was.
The council initially offered to replace the path with native plants, then exotic plants similar to those in the garden and, finally, turf.
On January 25, a lawyer for the council wrote to Mr Heyward, advising if agreement wasn’t reached by February 28 the council “will remove those parts of the diagonal path outside the boundary of your land and turf the disturbed area. This will then close the matter from council’s perspective.”
