About Lights in Council Trees

Townsville City Council encourages business owners to consider installing bud (fairy) lighting in Council’s street trees, adjacent to their business.

Safety and amenity issues require Council to regulate the placement of bud lighting through an approval process, but we have endeavoured to make that easy for business owners.

Note that it is an offence to install or operate bud lights in Council trees without first having an approval and then fully complying with the approval conditions.

What to do

The steps relating to the installation of bud lights in Council street trees are:

  1. Planning
    • Are there suitable Council trees adjacent to your business?
    • Do your neighbours object to you installing the bud lights in those trees?
    • Can you fully comply with the Conditions of Permit – Lighting in Council Trees (PDF, 2.0 MB)?
    • Do you understand, and can you cover, the costs of installing, operating, maintaining and ultimately removing the bud lights?
  2. Application
    • Complete and submit an application (via the link at the bottom of this page).
  3. Receive notice of whether your application has been approved or declined.
    • Approvals are given in respect of a business, and will transfer to each new owner of the business for so long as the lights are installed.
    • This permit may not be assigned or transferred to another business (e.g. an adjacent business).
  4. Install, inspect and maintain the lights.

Fees

Council does not charge an application fee, or a fee for having your bud lights in Council trees.

Note: this excludes any fees that apply for other applicable permits, if required.

Obligations

The individual/company responsible for installing the lighting must ensure that the installation, operation and maintenance of lighting:

  • complies with all relevant legislation and standards, and does not cause damage to any council property, including trees
  • does not unreasonably interfere with residential amenity or the interests of commercial operators in the vicinity of the lighting
  • complies with the Conditions of Permit – Lighting in Council Trees (PDF, 2.0 MB)
  • does not impose any additional costs on Council for the installation, maintenance or removal of lighting.

Other permits

A road corridor permit from the Department of Transport and Main Roads will be required if the premises are located on a state-controlled road. If this is the case, attach a copy of the road corridor permit to the application for a lighting permit.

A Council road work permit may be required if you will be using machinery (e.g. cherry picker) to install or maintain the lighting, or the installation or maintenance of the lighting will include blocking or impeding access to the footpath.

Contact Council for further advice.

Permit changes

Once issued, a lighting permit continues until it is withdrawn by Council. The Council may cancel or amend this agreement at any time and at Council’s entire discretion where Council considers that to be necessary for the public interest or to give effect to Council’s obligation to provide good government of the public areas of the city. Council is not required to compensate an applicant for any loss or expense flowing from a permit cancellation or amendment.

Termination

Upon termination of a lighting permit, the permit holder must either request Council to accept ownership of the lighting or remove it from the public space. If the lighting is not removed within 30 days of termination of this permit, then Council may at the permit holder’s cost remove the lighting or accept the infrastructure as Council’s property.

Environmental conditions

The permit holder must ensure that its installation, operation and maintenance of lighting complies in every respect with all laws, standards and any relevant Council policy, relating to the preservation or enhancement of the environment.

In particular, compliance with Australian Standard 4282-1997 Control of the obtrusive effects of outdoor lighting is required.

In areas where residents may be living nearby, ensure that lighting is not obtrusive and does not create a nuisance to nearby residents. If the lighting may affect residents, turning off the lights between 11pm and 6am may be necessary.

Indemnity

The permit holder must indemnify Council against all claims arising during or after the term from:

  1. the use of the lighting or any electricity connection to or within the public space by the permit holder
  2. the accidental death or injury to any person or damage to property in any way caused or contributed to by the permit holder
  3. the neglect or default of the permit holder or any person claiming through or under the permit to discharge the permit holder’s expressed or implied obligations under this permit.

Apply for a Lighting Permit