Guidelines for the Establishment of Community Gardens on Council Owned and/ or Managed Lands in the Blue Mountains

Transcription

1 Guidelines fr the Establishment f Cmmunity Gardens n Cuncil Owned and/ r Managed Lands in the Blue Muntains April 2010

2 Table f Cntents COMMUNITY GARDENS - DEFINITION... 3 RELEVANCE TO 25 YEAR CITY VISION AND MAP FOR ACTION... 3 BLUE MOUNTAINS CITY COUNCIL S IN PRINCIPLE SUPPORT FOR COMMUNITY GARDENS... 3 BLUE MOUNTAINS CITY COUNCIL S ROLE IN DEVELOPING COMMUNITY GARDENS... 3 Blue Muntains s Cmmunity Gardens Plicy... 3 Blue Muntains s Cmmunity Gardens Assessment Team... 4 RESPONSIBILITIES OF COMMUNITY GARDENERS... 5 Insurance and Risk Management... 5 Incrpratin f the Garden Grup... 6 FACTORS TO CONSIDER BEFORE ESTABLISHING A COMMUNITY GARDEN... 6 FINDING AN APPROPRIATE SITE FOR COMMUNITY GARDENS ON COUNCIL MANAGED LANDS IN THE BLUE MOUNTAINS... 6 Cmmunity Gardens in LEP Cmmunity Gardens in LEP BLUE MOUNTAINS CITY COUNCIL DEVELOPMENT APPLICATION PROCESS... 9 Develpment Applicatin fee refund fr nn-prfit cmmunity grups COMMUNITY GARDEN APPLICATION PROCESS REFERENCES AND USEFUL INFORMATION APPENDIX 1 AUSTRALIAN CITY FARMS AND COMMUNITY GARDENS NETWORK - CHECKLIST TO CONSIDER PRIOR TO ESTABLISHING A COMMUNITY GARDEN APPENDIX 3 - RECOMMENDED PROCEDURE FOR STARTING A NEW COMMUNITY GARDEN IN THE BLUE MOUNTAINS

3 This Guideline is designed t prvide infrmatin t the Blue Muntains cmmunity t assist with the establishment f cmmunity gardens n Cuncil wned and/ r managed lands acrss the city. This dcument is respnding t the fllwing Cuncil reslutin: Prepare a set f guidelines by April 2010 t assist cmmunity grups cnsidering the establishment f cmmunity gardens in the City f Blue Muntains (Minute N. 197, 26/05/09) Cmmunity Gardens - Definitin Cmmunity gardens are gardens created and maintained n public r private land by peple wh cme tgether t learn abut, participate in and share the rewards f gardening activities. Relevance t 25 Year City Visin and Map fr Actin The establishment f cmmunity gardens achieves the fllwing key directins and utcmes f the Blue Muntains Cmmunity Endrsed City Visin - Twards a Mre Sustainable Blue Muntains, which states that: Blue Muntains peple live sustainably in harmny with the envirnment; The health and well being f Blue Muntains peple are imprved; A strng sense f lcal identity and place is created; The liveability and vibrancy f ur twns and villages are strengthened; The ability f peple t cnnect with each ther and access services is imprved; A culture f life lng learning is nurtured in the Blue Muntains. Blue Muntains s in principle supprt fr cmmunity gardens Blue Muntains supprts the develpment f cmmunity gardens thrughut the city. The Cuncil recgnises the imprtance f cmmunity gardening in: Prviding access t lcal fd thus reducing fd miles and assisting in addressing fd security issues; Imprving the health f the cmmunity by prviding access t fresh fd, and utdr exercise; Fstering a sense f cmmunity; Prviding increased pprtunity fr scial cnnectedness and intergeneratinal exchange; Acting as a mdel fr best practice with regard t sustainable gardening; and Prviding skills develpment and learning pprtunities Blue Muntains s rle in develping cmmunity gardens The Cuncil s rle in develping cmmunity gardens is as an enabler f the develpment f gardens. The Cuncil des nt take a lead in establishing gardens r prviding funding. Blue Muntains s Cmmunity Gardens Plicy The Cuncil s key plicies regarding its rle in the establishment f cmmunity gardens n Cuncil wned and/ r managed lands are t: 3

4 Enable the establishment f cmmunity gardens n apprpriate lands; Ensure that prspective gardeners cmplete an applicatin frm as specified in Blue Muntains Guidelines fr the Develpment f Cmmunity Gardens n Cuncil wned and/ r managed lands ; Assess each prpsal t establish a cmmunity garden n a case-by-case basis; Ensure that Cuncil managed land is used and maintained apprpriately and t the benefit f the cmmunity; Prvide land use infrmatin including assistance t cmmunity grups in lcating sites apprpriate fr cmmunity gardens; Ensure that apprpriate weed, sediment and ersin cntrl measures are in place; Ensure assets are maintained by the cmmunity grup; Ensure apprpriate insurances and health and safety legislatin are met; Negtiate and grant licences fr land t be utilised by cmmunity grups as cmmunity gardens when apprpriate criteria are met; Prmte cmmunity gardens via means available t Cuncil. See Blue Muntains s Cmmunity Gardens Plicy Dcument fr mre infrmatin. Blue Muntains s Cmmunity Gardens Assessment Team The Cuncil has a Cmmunity Gardens Assessment Team cnsisting f staff wh can meet the fllwing key rles: Key Rles Required n Cmmunity Gardens Assessment Team Prvide land use infrmatin Prvide envirnmental assessment f new and existing sites (weeds, water waste, sediment issues) Liaisn with the cmmunity Crdinatin f the Cmmunity Gardens Assessment Team Assessment f implicatins t Cuncil assets/land Internal Plicy Review Reprts t Cuncil This team will ensure a fair and rderly prcess fr the assessment f prpsals t establish new cmmunity gardens thrughut the city and prvide nging advice and assistance t existing gardens. The Cmmunity Strategic Planner is the nminated team member wh will act as the key liaisn persn fr the cmmunity in regards t cmmunity gardens. Amngst ther things the team will assess prpsals based n the fllwing practical cnsideratins: The apprpriateness f preferred sites (cmpliance with LEP etc) Required licence arrangements Weed, waste, sediment and water issues Accessibility Health and Safety issues 4

5 Respnsibilities f Cmmunity Gardeners Cmmunity gardeners are respnsible fr maintaining gardens s that the health and safety f the surrunding cmmunity is nt adversely impacted. In particular, gardeners are respnsible fr ensuring that: They cperate and manage effective relatinships with the surrunding neighburhd, partnering rganisatins and ther gardeners. They d nt discriminate against ne anther due t differences in race, culture r sexuality. They regularly cmmunicate with the Cuncil and/r ther landwners and stakehlders. Decisin making is demcratic, transparent and inclusive. Any water leaving the garden is nt cntaminated by sediment, fertiliser, manure r excessive rganic matter that might pllute waterways. Nise levels within the garden are maintained at a level that is nt disturbing t neighburs. Manures, cmpst systems and fertilisers d nt prduce unpleasant durs. Cmpst and wrm farming systems are maintained s as nt t attract vermin. Rainwater harvesting systems are maintained t ensure water is f a high quality. Lawn areas are regularly mwed and garden beds kept tidy. Any materials delivered t r stred at the garden are maintained s as nt t create an unpleasant envirnment fr ther residents in the cmmunity. A license r ther agreement between Blue Muntains and a gardening grup culd be revked r nt renewed if: The grup disbands r ceases t functin due t internal cnflict. The garden is nt maintained r becmes unsafe fr public access. Apprpriate insurance cver is nt maintained. Insurance and Risk Management It is essential that garden grups be aware f the risks assciated with undertaking a publicly accessible cmmunity garden prject. Each garden grup has a duty f care t the cmmunity wh access the garden areas. T ensure funds are available t meet that duty, a minimum f $10,000,000 f public liability insurance plicy is required t be taken ut. Public liability insurance has an assciated cst, and may nt be easily accessible t small cmmunity grups. Optins fr btaining insurance cver include: The grup can becme an incrprated assciatin thrugh the NSW Office f Fair Trading and manage their wn insurance. The grup may be auspiced by anther rganisatin r agency, such as a neighburhd centre, and as a prject f that rganisatin will be cvered by their insurance. 5

6 A grup f cmmunity gardens with similar bjectives might btain insurance tgether. Incrpratin f the Garden Grup Blue Muntains encurages cmmunity garden grups t have a clear and identified legal structure. Garden grups can apply t the NSW Office f Fair Trading t becme Incrprated Assciatins. This arrangement affrds the grup sme flexibility in the management f funds and enables them t pen a bank accunt, btain public liability insurance cver and apply fr gvernment grants. Incrpratin as an assciatin requires grups t establish a management cmmittee with annually elected ffice bearers and t cmmit t regular meetings. This can be beneficial fr the prject as it maintains a structure that can address management issues as they arise. Factrs t cnsider befre establishing a cmmunity garden It shuld be nted that there is limited Cuncil managed land available t establish cmmunity gardens in the Blue Muntains, and ther land managers such as Department f Educatin, Department f Lands, RTA and/r private land wners may prvide mre ptins fr land. Blue Muntains recmmends that cmmunity grups r individuals interested in establishing a cmmunity garden in the Blue Muntains refer t the checklist fr establishing a cmmunity garden prvided n the Australian City Farms and Cmmunity Gardens Netwrk website ( see Appendix 1, prir t appraching the Cuncil fr assistance with establishment. The checklist encurages cnsideratin abut a range f issues, including: What will be the purpse f the cmmunity garden? Will a cmmunity garden meet yur bjectives? Are there ther ways f meeting yur bjectives? Hw will yu garden? What types f plants will be grwn? What training is needed? Hw will water be cnserved in the garden? What criteria will need t be met fr a preferred site fr the garden? What is yur prpsed management structure? Finding an Apprpriate Site fr Cmmunity Gardens n Cuncil wned and/ r managed lands in the Blue Muntains There are tw Lcal Envirnmental Plans (LEP) in the Blue Muntains, LEP 1991 and LEP Cmmunity gardens are defined and allwed fr differently in bth LEP s. Cmmunity Gardens in LEP 2005 There are tw ptins fr the definitin fr cmmunity gardens under LEP 2005, depending n the type f cmmunity garden being prpsed: Optin 1: If the cmmunity garden is established alng permaculture lines then the definitin f permaculture under the LEP applies, as belw: Permaculture means the use f residential r recreatinal land t grw fruit, vegetables and herbs using clsed systems which are designed t replicate the diversity, stability and resilience f natural ecsystems, fr nn- 6

7 cmmercial purpses, but des nt include the planting r prpagatin f any plant listed within the schedule entitled Weeds f the Blue Muntains in the Cuncil s Better Living DCP. The table belw is an extract frm the land use matrix in LEP The matrix indicates the znes where permaculture is allwed withut develpment cnsent ( ), is allwed nly with develpment cnsent (C) r is prhibited (blank). The varius znes are indicated at the tp f the table. This means that if a ptential site is within any f the abve znes shwn as ( ) fr Permaculture, then the cmmunity garden can cmmence withut any develpment applicatin being required but with cnsent f the landwner, with the exceptin f any site in Recreatin Open Space where a develpment applicatin wuld be required. Optin 2: If a cmmunity garden is prpsed that is nt a permaculture garden then it wuld fall under the definitin f recreatin area in the LEP, as belw: recreatin area means: (a) a children s playgrund, r (b) an area used fr sprting activities r sprting facilities, r (c) an area used by the Cuncil t prvide fr the physical, cultural r intellectual welfare f the cmmunity, r (d) an area used by a bdy f persns assciated tgether fr the purpses f the physical, cultural r intellectual welfare f the cmmunity t prvide recreatin facilities fr thse purpses, but des nt include a shwgrund, racecurse r ther place elsewhere defined in this Dictinary. The table belw is an extract frm the land use matrix in LEP The matrix indicates the znes where recreatin area is allwed with develpment cnsent (C) r is prhibited (blank). The varius znes are indicated at the tp f the table. 7

8 This means is that a develpment applicatin wuld need t be ldged fr a Cmmunity Garden, as defined under recreatin area in the znes nted abve. Cmmunity Gardens in LEP 1991 Under LEP 1991 there is nly ne definitin int which Cmmunity Gardens fall and that is recreatin area, as belw: Recreatin area means a place used fr recreatin by the cmmunity but des nt include a recreatin facility. The table belw is an extract frm the land use matrix in LEP The matrix indicates the znes where recreatin areas are allwed with the cnsent f Cuncil. 8

9 This means that a develpment applicatin wuld need t be ldged fr a cmmunity garden in any zne in LEP Dividing Fence A dividing fence is a fence that separates the lands f adjining wners. An applicatin fr a cmmunity garden may identify the need t cnstruct a dividing fence t define the garden bundaries r fr security r fr anther purpse. A Develpment Applicatin may be required t gain permissin t install a dividing fence. Cuncil's Develpment Cntrl Plan N 33 - Exempt and Cmplying Develpment describes the cnditins when a fence requires r is exempt frm the need t btain develpment cnsent. Blue Muntains Develpment Applicatin Prcess Befre preparing a Develpment Applicatin yu must: 1. Have cnsent fr the develpment frm the landwner; and 2. Be fully aware f the limitatins f the site and any regulatins that may affect yur prpsal. It is imprtant t understand the Lcal Envirnmental Plans (LEP) and Develpment Cntrl Plans (DCP) which apply t yur area, yur prperty r yur type f develpment and check Cuncil s requirements carefully t ensure that yur prpsal cmplies with the cntrls. This analysis must be cmpleted prir t the develpment f yur prpsal and will help t determine what type f supprting material is required. Better Living DCP cntains all the relevant issues, design principles, perfrmance criteria and standards fr develpment. Cpies f Cuncil s LEPs and DCPs are available fr purchase at Cuncil s ffices r can be dwnladed frm Cuncil s website at 9

10 If the prpsed site is Cuncil managed land the Cmmunity Gardens Assessment Team can prvide preliminary advice n site restrictins and ther limitatins n the land. Shuld greater detail be required further infrmatin n limitatins/regulatins can be btained frm the Cuncil, fr a fee. This service wuld include a site meeting and a reprt. Fr mre infrmatin including applicatin frms see Blue Muntains website: Develpment Applicatin fee refund fr nn-prfit cmmunity grups Blue Muntains (BMCC) is cmmitted t ensuring that residents r rganisatins can make applicatins fr hardship relief n certain types f fees as utlined in the Fees and Charges Sectin f the Management Plan (Financial Supplement) Nn-prfit cmmunity grups may be eligible fr Develpment Applicatin fee refund up t $500. All requests fr a refund f a fee r a charge must be made in writing at the time f ldging the Develpment Applicatin. Cmmunity Garden Applicatin Prcess Any prpsal t establish a new cmmunity garden n Cuncil managed land must cmplete the Blue Muntains Cmmunity Garden Applicatin Frm ; see Appendix 2 and als available fr dwnlad at Althugh nt essential (unless a Develpment Applicatin is required by the Lcal Envirnment Plan LEP), it is als recmmended that cmmunity grups interested in establishing a cmmunity garden n private land cnsider cmpleting an applicatin frm and submitting it s that the Cuncil might assist yur grup with relevant infrmatin r assistance with the management f issues that might arise. The applicatin frm is t be cmpleted and submitted t the Blue Muntains City Cuncil Cmmunity Gardens Assessment Team via the Cmmunity Strategic Planner. The team will then assess the applicatin and liaise directly with the cmmunity grup t prgress any issues that arise frm the applicatin. When cmpleting the applicatin frm, shuld there be any questins please direct them t the Cmmunity Strategic Planner wh is charged with cmmunity gardens liaisn, wh will seek an apprpriate answer frm relevant Cuncil staff. The recmmended prcedure fr a cmmunity grup t establish a new cmmunity garden in the Blue Muntains is detailed in Appendix 3. References and useful infrmatin Blue Muntains Cmmunity Gardens Plicy (in draft) Nvember 2009 Thmas, F (2008), Getting started in cmmunity gardening, City f Sydney, Sydney Australian City Farms and Cmmunity Gardens Netwrk Russ Graysn & Marrickville Cuncil Cmmunity Gardens Plicy Directins fr Marrickville Cuncil 2007 City f Sydney Cmmunity Gardens Plicy (in draft)

11 Auckland Cmmunity Gardens Plicy, Wllahra Municipal Cuncil Cmmunity Gardens Plicy data/assets/pdf_file/0016/31813/adpted_cmm unity_gardens_plicy_v2.pdf Kgarah Municipal Cuncil Cmmunity Gardens Plicy Directins fr Kgarah,

12 Appendix 1 Australian City Farms and Cmmunity Gardens Netwrk - Checklist t cnsider prir t establishing a cmmunity garden (available t dwnlad at 12

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16 Appendix 2 Blue Muntains New Cmmunity Garden Applicatin Frm! NB: This frm des NOT replace a Develpment Applicatin (DA), if a DA is required. 1. Cntact Details a. Name f yur grup: b. Name f cntact persn: c. Address: d. Phne: H: W: M: e Grup Details a. Is yur grup an Incrprated Assciatin? YES NO b. Hw many members des yur grup have? c. Is yur grup nt-fr-prfit? YES NO d. Des yur grup carry its wn Public Liability insurance? YES NO - if yes, t what value? e. Des yur grup currently have funds available t establish a cmmunity garden? (eg. Purchase f materials, cmpst bins, tls, shed, insurance etc) YES NO 16

17 3. Site Details a. Name f yur prpsed garden b. Have yu identified a preferred site fr yur garden? YES NO - If yes abve, what is the address f this site? - Is this site wned/managed by Cuncil? YES NO - If n, wh wns this site? - Please describe the key features f this site, including dimensins, tilets, aspect, slpe, sil, water access, prximity t public transprt, structures n the site, existing use f the site (use an additinal sheet t answer this questin). 4. Garden and Prduce Details a. What types f activities are yur grup prpsing fr the site (yu can select multiple answers r add additinal answers): Organic gardening Permaculture Raised beds Cmmunity educatin Wrkshps Sensry garden Other b. What types f plants are members f yur grup keen t grw? c. D yu have plans fr any f the fllwing n yur site: Rainwater tank/s Shelter Strage shed Ptting bench Pathways Nursery Cmpst bays Animal enclsure/s Other 17

18 5. Management f yur garden a. Please describe the prpsed management structure fr the cmmunity garden (including hw decisins will be made, cnflict reslutin prcesses, hw new members will be recruited, any criteria fr membership etc (use an additinal sheet if necessary) b. Will yur garden be pen t the public (rather than members nly with a key system)? YES NO c. Will there be restrictins abut when yur garden will perate? YES NO - Please describe d. Hw will yur grup ensure the fllwing issues are addressed? Odur: Vandalism: Excessive nise: Site aesthetics: Rdents: Parking: Waste: 6. Any supprting infrmatin yu wish t add? (use additinal sheet if necessary) 18

19 Appendix 3 - Recmmended Prcedure fr starting a new cmmunity garden in the Blue Muntains 1: Applicant/s establish a cmmunity garden grup and wrk thrugh checklist (Appendix 1) 2: Applicant t undertake site assessment f ptential sites 3: Applicant t discuss their prpsal with Cuncil staff member respnsible fr cmmunity garden liaisn t identify any ptential issues 4: Applicant t submit a cmpleted applicatin frm t Cuncil 5: Cuncil assessment f the applicatin The Applicatins will be assessed by the Cmmunity Gardens Assessment Team. 6a: Applicatin is supprted and Cuncil and the grup applying wrk tgether t undertake cmmunity cnsultatin with lcal residents. The Cuncil will cnsider any feedback gained frm the cnsultatin prcess and wrk with the cmmunity grup t ensure any cncerns are addressed. If there is cnsiderable ppsitin t the prject the Cuncil reserves the right t cnsider alternative sites fr the prject. 6b: Applicatin is nt supprted by Cuncil. Written feedback will be prvided and an alternative site may be cnsidered. Step 7: Applicatin ges t a Cuncil meeting fr final apprval. If the applicatin is apprved at a Cuncil meeting, then Cuncil staff will meet with the applicants t develp any relevant written agreements fr the garden such as a licence. Step 8: Apply fr grants and funding Once all dcuments have been apprved by Cuncil then applicants may then wish t apply fr grants and start building their cmmunity garden. 19