GARDENS IN PUBLIC SPACES GUIDELINES TEMPLATE

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1 GARDENS IN PUBLIC SPACES GUIDELINES TEMPLATE Please note: The intention of this document is to provide a basic template as a starting point for council staff to develop guidelines for Gardens in Public Spaces. Content should be updated in line with internal Council policies and procedures. For the purposes of this toolkit, gardening in public spaces can refer to verge gardens, edible streetscapes, or green roofs and walls. To access the full resource kit please visit Contents What is the process for community members wanting to plant gardens in public spaces?... 2 What is the process for council staff?... 3 Risk Assessment... 5 Self-assessment checklist for community members... 7 Establishing your garden... 9 Infrastructure and soils... 9 Roads and traffic Design Appendix A Species to avoid

2 What is the process for community members wanting to plant gardens in public spaces? Step 1 Identify a potential site for your garden Ideally, your site will be adjacent to where you live as this simplifies maintenance of the garden Step 2 Discuss your potential project with council Discuss matters including the proposed site/s, layout and gardening methods. Council may place restrictions on what you re able to plant depending on safety and sight lines Step 3 Undertake consultation with others who live close to the site Before submitting an application it is important to ensure community support for the project and identify any possible obstacles moving forward Step 4 Submit Formal Application Prepare a formal application for the establishment of a public garden and submit to Council (Council to insert hyperlink of where form can be downloaded) Step 5 Assessment The application will be assessed by Council in line with the NSW Local Government Act 1993 and this policy Step 6 Application is supported Proceed to Step 7 Application is not supported Written feedback will be provided and an alternative site may be considered Step 7 Works can commence Gardening can commence. Council may request reports on your progress to get any understanding of your successes and challenges during the project 2

3 What is the process for council staff? Gardening in public spaces can be a complex issue within Councils. Councils who don t have a clear position on the activity can be exposed to a number of risks including: inappropriate plantings; pedestrian and essential services obstruction; community confusion and the perception of a lack of support; and inconsistent compliance/regulation approach. Converting grass to appropriate vegetation is a desirable ecological and aesthetic outcome if well executed. Residents across the State have been planting out verges with mixed results. A lack of knowledge, inconsistent advice and no guidelines has led to some inappropriate plantings which may compromise, rather than enhance, a region s biodiversity and amenity. However, creating guidelines or policies around Gardens in Public Spaces may trigger processes and accountabilities within council that can be arduous or disproportionate to the risks associated with the activity. It is strongly recommended that before adopting policies or guidelines, thought is given to the resourcing needed to back them up. If you do decide to go ahead with public gardening in your LGA, the following process is recommended for council staff. 3

4 What is the process for council staff? Step 1 Provide these guidelines and supporting documents to enquiring individual There needs to be a commitment and consideration given to what will be planted and what happens if the person no longer wants to maintain the garden. Step 2 Discuss project with enquiring group / individual Council can discuss matters such as proposed site(s), hazards to identify and any other issues. Step 3 Application form Assist the group through the process of lodging an application and advise them to wait for approval prior to proceeding Step 4 Application assessment Council to assess applications in accordance with the NSW Local Government Act, 1993 and Council s in-house policy where applicable. Step 5 Agreement / Approval / licence or lease issued If approved, a temporary 1 year agreement / approval / licence or lease will be issued to the successful applicant and provided all conditions are satisfied, a subsequent 3 or 5 year agreement / approval / licence or lease with ongoing renewal will be issued. Re-negotiation with group If not approved, Council staff will negotiate with the applicant to see if they would like to work through the reasons why the garden was not approved to see if a further application can be submitted once the concerns of Council are addressed. Step 6 Gardening can commence. Works can commence 4

5 Risk Assessment ISSUE RISK GUIDELINES / MANAGEMENT RESPONSE Pedestrian access / nuisance Medium require clear access through garden, require clearly maintained space Utilities access Medium advise of need for access/digging, require DBYD Root impact on surfaces Low Follow species lists Line of sight for motorists Low require care to be taken on corners Impede door opening/access for motorists Low require 80cm buffer between roadside and plantings Trip, eye and other hazards Medium prohibit structures and trip hazards; ensure fruiting species are allowed subject to distance from footpath and maintenance Pest species escape into natural areas Low The GROW LOCAL guides should be used as a reference for plant selection. Impeding street lighting Low " Increase maintenance for Council Low Mowing Policy describes Council role in managing verges, onus is currently on resident and remains the same Increase administration for Council Medium Depends on approach - if considered exempt from permission if compliant with guidelines impact minimal. If approach of approval/lodgement of application pursued there is a greater impact Increase complaints to Council Low Guidelines provide a framework for compliance, community conversation required Increase neighbourhood disputes Low " Root impact on underground services High Dial Before You Dig or call 1100 during business hours. Have ready insert details... Overshadowing neighbouring properties Impeding views / amenity of neighbours Low Low Unlikely as verge at front of residence. Refer to GROW LOCAL guides. The GROW LOCAL guides should be used as a reference for plant selection to keep under Pests and diseases Medium Encourage to attend Council workshops. Follow GROW LOCAL advice. Include list of websites/readings 5

6 Property changes hands Low risk same as current, impost on resident to maintain verge Infrastructure upgrades e.g. footpath, services Medium guidelines stipulate disturbance/removal possible at any time and onus on resident to restore Inappropriate species (other) Low Possible to liaise internally to review GROW LOCAL lists and refine to recommend against plants deemed problematic in this context (i.e. because of size, fruit, etc.) Inconsistent compliance Low Guidelines would provide a framework to regulate and ensure compliance 6

7 Self-assessment checklist for community members The following need to be considered when you are thinking about planting a garden in a public space: Location is the proposed planting area located on the public land adjacent to your property? Safety is the proposed location likely to cause safety risks to passing traffic or pedestrians? Are there pipes or services underneath your verge? Plant Selection what plants do you intend to grow? Have you considered planting native species? Is the soil suitable (i.e. free of contamination) for you to grow food? Access allow for reasonable and safe pedestrian access, ensure that your neighbours will still be able to put bins out for collection, ensure sight lines are not impeded for traffic on the street Maintenance how much maintenance will your garden require? Are there species you can plant which are lower-maintenance? 7

8 Roles and responsibilities Gardens in Public Spaces are community-driven, community-run projects operating with support and assistance from council. Generally, the roles and responsibilities can be broken down as such: COUNCIL S ROLE COMMUNITY S ROLE Provide advice on preferred locations Provide assistance in addressing potential hazards for pedestrians and traffic Ensure appropriate lines of sight for traffic, access for pedestrians and servicing of local infrastructure are maintained Assist in the design and construction, including recommending sustainable sources of construction materials, soils, fertilisers and pest control products Advise on any safety issues you need to consider and safety devices you need to use during the maintenance and construction of your garden Regular watering Mulching to reduce evaporative water loss form the soil and to reduce water consumption. Ensure the mulch you lay will not be washed into the stormwater system where it could block drains and pipes Application of compost or other organic fertiliser to stimulate healthy growth Monitoring and treatment of insect pest or plant disease infestation Pruning of trees and shrubs to prevent them encroaching on pedestrian access or traffic sight lines 8

9 Establishing your garden Infrastructure and soils Make sure you know what service infrastructure exists near the site (such as sewage pipes, power lines etc.) to avoid any damage. Key Contact: Dial Before You Dig is a free online information service on underground pipes and cables anywhere in Australia. Visit or phone 1100 during business hours for further information. Soils in the urban area may contain some level of contamination. It is best to use fresh, welldraining, preferably composted soil for edible crops. This ensures you start with the right soil rather than a batch of average soil that requires added nutrients and produces sickly plants. The base level of the planting should be below ground level or to the level of the curb in order to prevent mulch from spilling out onto the footpath or road. In addition, the following should be taken in to consideration when planning your garden: Trees, shrubs, landscaping, plantings, retaining walls and other physical structures including hard edged gardens or rockeries shall not be placed within 1.5 metres of either side of underground services to allow adequate access for maintenance Where planting or landscaping is approved and then carried out within the footpath or nature strip area, a corridor of 1.5 metres wide (minimum) and 2 metres high (minimum) should be maintained for pedestrian traffic A clear area width of 1m behind the kerb is to remain free of massed planting or hard landscaping to ensure the safe movement of pedestrians To avoid obstructing vision of drivers and pedestrians, trees (including shrubs) are not to be closer than 15m from the building line of the intersecting street No landscaping or planting is to be placed where it may obstruct the vision of drivers or pedestrians adjacent to driveways All planting and landscaping is to be kept a minimum of 1.5m from table drains to allow drainage and access for council maintenance If plantings are considered to be a problem, council will notify the owner of the need for removal. If this notice is not complied with, council will remove any tree, shrub, planting or landscaping and in the event of such removal, council will not be responsible for the reinstatement or cost of items removed, and Council will recover the cost of removing any trees, shrubs, plantings or landscaping 9

10 Roads and traffic Depending on the location of your garden, approval from Roads and Maritime Service or the Local Traffic Committee may be required prior to planting. Council can provide advice when you initially discuss your project. When working on your edible streetscape, be aware that you are on a road and keep an eye out for passing cars, bicycles and pedestrians. The minimum safety devices that you should use will depend on your situation and will be noted in your approval from council. Make sure the height and mass of plants in your garden are not going to obstruct sight lines for pedestrians, cyclists and cars. These details will be included in your approval from council by away of a traffic control plan for the site. Design As your edible streetscape will be located in a public place, you will need to be aware of the potential hazards of any materials that you may use such as garden stakes etc. Additionally, ensure precautions are taken during the design, construction and operation of your garden to ensure soils and mulch will not leak from the garden into stormwater drains. A detailed plan for your edible streetscape will be required as part of your application to council. Another consideration in your garden design is the type of plants you will install. Council advises that you avoid the following: Trees with root systems that could damage roads and footpaths; Plants that are thorny or spiky and that could injure pedestrians; Plants that grow tall enough to contact electricity and broadband cables; Plants that would overhang the footpath where they could interfere with pedestrians; Plants with toxic foliage, flowers, fruits or nuts; Genetically modified crops; Species on the Prohibited Plants List (See Appendix); and Trees which have a propensity to cause damage to any property by root exposure, invasion or infestation to buildings and structures including sewers, water, gas, electricity, telecommunication and public utility systems or sudden branch drop syndrome Avoid raising low edges around verge gardens as they may become trip hazards. Use pruned, close planted, wiry shrubs such as rosemary to form living edges but do not allow the foliage to hang over the walkway. It may be suitable to make a raised verge garden at least 50cm in height rather than make low edges around a ground level verge garden. At this height, the edges do not risk becoming a trip hazard. 10

11 Do not build up gardens around the trunks of street trees. This can introduce disease to the trees and weaken them. It can work well if you make a verge garden between street trees and allow access to the street between the end of the verge garden and the street trees. Appendix A Species to avoid The following species threaten the biodiversity of local bushland because they are known or likely environmental weeds whose fruit and/or seeds are spread by birds. Aerial Yam (Dioscorea bulbifera) African olive (Olea africanus) Asparagus ferns (Asparagus aethiopicus, africanus, asparagoides, plumosis) Bunya Pine (Araucaria bidwillii) Brazilian Cherry (Eugenia uniflora) Blackberry (Rubus fruticosus) Black Mulberry (Morus alba) Black Locust (Robinia pseudoacacia) Cape Gooseberry (Physalis viscosa) Cherry Guava (Psidium cattleianum) Coffee (Coffea arabica) Common Olive (Olea europaea subsp. cuspida) Dragon Fruit (Hylocereus undatus) Guava (Psidium guajava) Grumichama (Eugenia dombeyi) Honey Locust (Gleditsia triacanthos) Ice-cream Bean (Inga edulis) Jaboticaba (Myrciaria cauliflora) Leucaena (Leucaena leucocephala) Loquat (Eriobotrya japonica) White Mulberry (Morus alba) Passionfruit (Passiflora edulis, suberosa and subpeltata)) Prickly Pear (Optunia spp) Rough Lemon (Citrus x taitensis) Taro (Colocasia esculenta) Water lettuce (Pistia stratiotes) Wax Jambu (Syzygium jambolana) White Sapote (Casimiroa edulis) Note: this list is not exhaustive. If you have any doubts about species selection, please contact Council: (Insert department) (Insert contact Number) 11