byron shire community gardens...boundary of the garden and for cultivating positive relationships...

BYRON SHIRE COUNCIL

POLICY NO. 14/008

Byron Shire Community Gardens

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Policy – Byron Shire Community Gardens

INFORMATION ABOUT THIS DOCUMENT

(INTERNAL USE ONLY)

Date Adopted by Council 21/10/2010 Resolution No. 10-866

Policy Responsibility Land and Natural Environment

Review Timeframe 12 months

Last Review Date: August 2014 Next Scheduled Review Date

August 2015

Document History

Doc No. Date Amended Details Comments e.g. Resolution No.

#1001644 Draft – Reported to Council 21 October 2010 – public exhibition copy

#1039727 Adopted 21 October 2010, Res. 10-866

#E2014/11513 Draft amended Policy – Reported to Council 20 March 2014 – public exhibition copy

#2014/20768 27 March 2014 Draft amended Policy – Reported to Council 20 March 2014 – public exhibition copy with further amendments as per resolution 14-101

#E2014/32830 20 May 2014 Draft revised Policy – Reported to Council 28 August 2014 – public exhibition copy amended as per submissions

E2014/58497 28/8/2014 Adopted Res 14-395 Ordinary Meeting 28/8/2014

Further Document Information and Relationships

Related Legislation NSW Local Government Act, 1993

Related Policies and Plans

Byron Shire Sustainable Agricultural Strategy (2004), Byron Shire Greenhouse Action Strategy (2008), Byron Shire Cultural Plan 2008-2013, Policy 4.16 Planting and Landscaping on Footpaths and Nature Strips within Road Reserves and Drainage Easements and Byron Shire Council Generic Plan of Management for Community Land Categorised as a Park.

Related Procedures/ Protocols, Statements, documents

Form 1 – Expression of Interest to Establish a Community Garden (#989052)

Form 2 - Application to Establish a Community Garden (#997788) and Council’s Generic Plan of Management for Community Land Categorised as a Park.


TABLE OF CONTENTS

1. INTRODUCTION ....................................................................................................................... 1

2. LAND TO WHICH THIS POLICY APPLIES ............................................................................... 1

3. OBJECTIVES ............................................................................................................................. 1

4. BENEFITS TO COUNCIL, COMMUNITY & THE ENVIRONMENT ........................................... 2

5. ROLE OF COUNCIL .................................................................................................................. 2

6. ROLE AND RESPONSIBILITES OF COMMUNTY GARDENERS ............................................ 3

7. LICENSING ................................................................................................................................ 3

8. EDIBLE VERGE GARDEN REQUIREMENTS & RESPONSIBILITIES ..................................... 4

9. DEFINITIONS ............................................................................................................................ 4

10. KEY COUNCIL CONTACTS ...................................................................................................... 4

11. REFERENCES .......................................................................................................................... 5

12. ANNEXURES ............................................................................................................................. 6


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Policy 14/008 POLICY TITLE Byron Shire Community Gardens 1. INTRODUCTION

Byron Shire Council recognises community gardens as social assets that enhance local food security and provide opportunities for recreational, cultural, economic, health and educational pursuits. Communal gardens enhance community connectedness and provide resilience against environmental, economic and social change. Council is committed to the promotion, development and management of community gardens across the Shire in accordance with best practice guidelines. Community gardens support the objectives of the Byron Shire Sustainable Agricultural Strategy (2004), Byron Shire Greenhouse Strategy (2008) and the Byron Shire Community Strategic Plan 2022.

2. LAND TO WHICH THIS POLICY APPLIES

The use of community land for a community garden must be authorised by the relevant plan of management. Land identified in Council’s Generic Plan of Management for Community Land Categorised as a Park has been identified as potentially suitable for community gardens (refer to Annexure 3). Land identified in Council’s Plan of Management Community Land Mullumbimby Sports Fields (refer to Annexure 4) being Part Lot 22 DP 1073165 has been identified as potentially suitable for a community garden. Community Gardens are permitted without consent under Clause 65 (3) of State Environmental Planning Policy (Infrastructure) 2007.

3. OBJECTIVES 3.1. Facilitate the establishment of new community gardens on Council owned and managed

land.

3.2. Regulate the management of existing community gardens to ensure they are maintained in a safe, efficient and productive manner.

3.3. Support the development and capacity of existing community gardens as social and

cultural assets within the Shire.

3.4. Provide guidelines and procedures that clarify the management responsibilities of all stakeholders involved in community gardens across Byron Shire.

3.5. Promote knowledge and access in relation to nutritious, organic and locally produced

foods to enhance regional food security within the context of climate change and peak oil.

3.6. Provide opportunities for outdoor learning that support Council’s sustainability education initiatives.

3.7. Position Byron Shire Council as a leader in advancing sustainability within the community.


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4. BENEFITS TO COUNCIL, COMMUNITY & THE ENVIRONMENT

Community gardens provide a range of benefits to both community and Council: 4.1. Benefits to Community

a) Provision of fresh, nutritious produce,

b) Pride and sense of achievement that is obtained through cultivating fresh produce,

c) Opportunity to socialise within an inter-generational and culturally diverse context,

d) Acquisition of skills such as gardening, co-operation and collective decision-making,

e) Opportunity to improve personal health through physical activity,

f) Enhanced neighbourhood cohesion and sense of community,

g) Enhanced local food security by reducing the distance between production and consumption of food,

h) Sharing of local skills and knowledge in an interactive learning space,

i) Increased access to affordable and nutritious foods,

j) Demonstration of best practice sustainable design features.

4.2. Benefits to Council

a) Opportunity to collaborate with members of the public,

b) Provision of spaces for education, demonstrations and workshops, such as composting, food production and water conservation,

c) Aesthetic improvement to community lands,

d) Reduced resource burden on Council in maintaining public open spaces.

4.3. Benefits to the Environment

a) Reductions in the amount of green waste sent to landfill through composting,

b) Reduction in ‘food miles’ associated with the fossil fuel intensity of the industrial food system,

c) Reduction of pesticides and agri-chemical runoff associated with common, broad-scale farming practices.

5. ROLE OF COUNCIL

Byron Shire Council promotes the development of communal gardens by supporting community groups to self-manage garden sites. Any direct involvement of Council is subject to available resources. This approach leads to increased community ownership and the long-term financial sustainability of community gardens. The role of Council is as follows:

5.1. General

a) Increase public awareness as to the benefits of communal gardening,

b) Promote existing community gardens within Byron Shire,

c) Advise community garden committees of any changes that Council makes that may influence the operation of the garden.

5.2. Guidance and Communication


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a) Assist in providing resources (e.g. maps) to assist in the selection of suitable areas for the development of new community gardens,

b) Assist in providing information as to the history and suitability of soils at proposed community garden locations,

c) Provide on-going advice and communication with community garden committees,

d) Notify community garden committees of grant opportunities as they arise,

e) Provide limited input into site design and the development of management plans.

f) Respond to environmental and social impacts of the ongoing operation of a community garden and liaise with community garden committees to resolve any negative issues that may arise.

5.3. Funding and Resources

a) Develop resources to build the capacity and the relationships between local community garden groups,

b) Liaise with community garden committees regarding opportunities for partnership or fundraising e.g. workshops or events,

c) Support opportunities for economic self-sufficiency at community gardens,

d) Provide in-kind support where feasible e.g. mulch and signage etc

e) Negotiate with community garden groups regarding connection to service utilities,

f) Support community gardens through Council’s annual small grants program.

6. ROLE AND RESPONSIBILITES OF COMMUNTY GARDENERS

The procedure for the establishment of a community garden is outlined in Annexure 1. Community garden committees are responsible for practices and procedures within the boundary of the garden and for cultivating positive relationships within the immediate neighbourhood. The general guidelines for operation and responsibilities of community garden committees are outlined in Annexure 2.

7. LICENSING

All new proposals for community gardens will go through an initial expression of interest process (refer to Form 1 – Expression of Interest to Establish a Community Garden) to ensure that the opportunity to establish a community garden on community land is equitable and transparent. The expression of interest process will determine temporary and ongoing licences to operate a community garden on a specific parcel of community land. Upon assessment, Council may grant a community garden group a temporary licence for a trial period of 12 months in accordance with the requirements of the NSW Local Government Act, 1993. The issue of a temporary licence will need to be supported with information contained in Form 2 - Application to Establish a Community Garden. Upon expiry of the 12 month temporary trial licence, a community garden group will have the opportunity to enter into a licence agreement with Council for a further period. Continued tenure by a community garden group will be dependant on how they have satisfied the licence conditions and maintenance requirements which are to be addressed in a written report to


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Council. Continued tenure may be granted subject to the public exhibition provisions set out in the Local Government Act relating to the licensing of Council owned land classified as Community Land. Long term accumulative tenure of Council land for the purposes of a community garden will be limited to the maximum allowable timeframe specified by the Local Government Act for Community Land. Council will not charge community garden groups licence preparation fees for the initial temporary trial licence. All other licence preparation fees will be charged in accordance with Council’s adopted fees and charges. Council reserves the right to revoke the license if:

a) The community garden group disbands due to unresolved issues,

b) The garden is not maintained to a satisfactory standard,

c) The garden poses a threat to public safety,

d) Public liability insurance cover to the value of $10,000,000 is not upheld.

e) The community garden group are in breach of their licence terms and conditions. 8. EDIBLE VERGE GARDEN REQUIREMENTS & RESPONSIBILITIES

Council permits residents to undertake the planting of edible species on the nature strip immediately adjoining their property in accordance Policy 4.16 ‘Planting and Landscaping on Footpaths and Nature Strips within Road Reserves and Drainage Easements’. Residents who grow edible species in public spaces acknowledge that the planting has been conducted on public land and therefore no private ownership rights exist. Plantings must be maintained and not interfere with pedestrian thoroughfare or street drainage.

9. DEFINITIONS

Community garden: a not-for-profit, community managed enterprise licensed by Council on public land for the primary purposes of growing fresh produce, providing recreational opportunities and educational activities. As multi-functional spaces, community gardens provide for a range of social, environmental and economic needs. There are three main types of community gardens:

Community gardens with individual allotments allocated to individual members,

Communal gardens that are run collectively as a shared enterprise,

Community gardens that integrate both allotment and shared gardens.

Food security: term used to describe an individual or community’s access at any given time to culturally-suitable, adequate foods needed to sustain an active and healthy lifestyle. Food miles: the distance produce travels from the place of production to place of consumption.

10. KEY COUNCIL CONTACTS

Byron Shire Council Sustainability Officer


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Byron Shire Council Property and Contracts Officer Superintendent Parks

11. REFERENCES

Auckland City Council 2002, Community Gardens Policy, Auckland City Council. City of Sydney 2009, Community Gardens Policy (Including Verge and School Kitchen Gardens), City of Sydney. City of Victoria 2009, Community Gardens Policy, City of Victoria, Victoria, BC. City of Yarra 2009, Community Gardens. In Yarra City Council, Planning, Environment and Infrastructure Committee Agenda. City of Yarra, Melbourne. District of Saanich 2003, Community Gardens Policy, The Corporation of the District of Saanich, Victoria, BC. Grayson, R. & Marrickville Council 2007, Community Gardens – Policy Directions for Marrickville Council, Marrickville Council. Lake Macquarie City Council 2009, Community Gardens Policy, Lake Macquarie City Council. Mullumbimby Community Garden Steering Committee 2007. Mullumbimby Community Garden “Future Directions” Business Plan 2007, Mullumbimby Community Garden Steering Committee. Vancouver Park Board 2005, Community Gardens Policy, Vancouver Board of Parks and Recreation. Woollahra Municipal Council 2008, Community Gardens Policy, Woollahra City Council. Wollongong City Council 2010, Community Gardens of Community Land – Management Policy, Wollongong City Council.


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12. ANNEXURES ANNEXURE 1. PROCEDURE FOR THE ESTABLISHMENT OF A COMMUNITY GARDEN

Step 1: Establish a Community Garden Group

Step 2: Council Calls for Expression of Interest Council initiates a formal expression of interest process to ensure that the opportunity to establish a community garden on community land is equitable and transparent.

Step 3: Discuss Project with Council

Groups can discuss matters such as proposed site/s, group structure etc to identify/resolve any outstanding issues.

Step 4: Submit Formal Expression of Interest Lodge Form 1- Expression of Interest to Establish a Community Garden with

Council. Wait for advice prior to proceeding with formal application.

Step 5: Assessment Council will assess received expression of interests in

accordance with the NSW Local Government Act, 1993.

Step 6: Formal Application The successful group is invited to lodge Form 2 - Application to Establish a Community Garden and associated attachments.

Step 7: Licence Issued

A temporary 1 year licence will be issued to the successful group and provided all conditions are satisfied, a subsequent

3 year licence with on-going renewal will be issued.

Step 8: Approval On ground works and application for grants

and funding can commence.


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ANNEXURE 2. GUIDELINES FOR COMMUNITY GARDEN OPERATIONS The responsibilities of community garden committees are outlined as follows:

Social

a) Value socio-cultural differences and encourage public access and visitation,

b) Maintain decision-making and conflict resolution processes that are equitable, inclusive and transparent,

c) Form partnerships with existing community groups e.g. education providers, garden clubs, care facilities and other community garden groups,

d) Promote opportunities for learning through public art and interpretive signage,

e) Communicate with Byron Shire Council in a transparent, regular and reciprocal manner concerning matters relating to the operation of community gardens,

f) Cultivate positive and respectful relationships within the immediate neighbourhood.

Maintenance and Environmental Considerations

a) Communal gardens and allotments are to be kept neat and maintain a minimum standard of

aesthetics, including the mowing of grassed areas,

b) Actively control noxious and environmental weeds and pests. This must be undertaken in accordance with management guidelines,

c) Utilise sustainable practices, such as recycling, water efficient gardening and organic gardening methods,

d) Ensure any odours produced by manures, composting and fertilizers are controlled,

e) Maintain composting and worm farm systems so as not to harbour vermin,

f) Ensure all water used on site is sourced from either designated water connections, licensed bore supply or harvested from rainwater tanks,

g) Ensure that any runoff from the garden is not contaminated by fertilizer, sediment, manure or excessive organic matter,

h) Identify and implement any opportunities for environmental restoration on the site.

Development of Infrastructure a) Gardeners must ensure all structures erected on the site are of a removable nature and

located completely within the boundaries of the site. Removable nature would ensure relocation can be practically achieved in 12 hours by the use of not more than one 4WD vehicle for the entire relocation procedure and include the removal of all imported elements, including retaining walls, foundations and supports,

b) Common elements of community gardens such as rainwater tanks, fencing, landscaping, small scale composting systems, interpretative signage and solar photovoltaic systems are considered exempt development,

c) Some infrastructure works may require the lodgement of a development application with Council. Check with Council regarding whether consent or other approvals are required.

d) In consideration of (c) above, the community garden committee must not make any additions or alterations on the site without first obtaining the written consent from Council as Licensor as well as written consent from Council in its role as the statutory planning authority.


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Management and Neighbourhood Relations

a) Develop a site specific community garden management plan that details the gardens’ aims

and procedures for routine operation, such as the allocation of allotments,

b) Maximise opportunities for economic self-sufficiency. Any funding from Council will only be temporary in nature through grants and sponsorship opportunities,

c) Develop operational health and safety, access and behavioural policies for the garden. These may emulate policies developed by other community gardens,

d) Ensure adequate community consultation is undertaken to gauge neighbourhood interest regarding proposals for new community gardens,

e) Ensure noise levels are kept to a standard which does not disturb neighbours,

f) Prohibit the lighting of any open fires on the land, excluding the operation of a combustion stove, cob earth oven or gas BBQ,

g) No livestock are to be kept on the site, with the exception of poultry (excluding roosters) and bees. Any animals kept on the site will be enclosed and kept away from residential boundaries and be subject to a pre-established management process,

h) Ensure any dogs are controlled on leashes at all times while in the boundaries of the garden,

i) Maintain general operating hours to within daylight hours.

Activities and Events

a) Ensure that all events and activities convened at the site are held in a safe and inclusive manner with the focus being around sustainability, education, community or site development,

b) Limit music to acoustic and non-amplified at all times,

c) Ensure that the site remains a drug and alcohol-free zone,

d) Ensure no event will proceed beyond 6.00pm without prior written consent from Byron Shire Council,

e) Ensure that neighbouring properties bordering the site are given adequate written notice, being a minimum of two (2) weeks prior to any event being held,

f) Ensure that any notification of an event entails, a description of the planned event, the estimated duration of the event and contact details of a relevant person overseeing the event,

g) Ensure consistency with Council’s Events Policy.

Insurance and Incorporation a) To ensure a duty of care is held for all members, Council requires that all community garden

groups maintain a minimum $10,000,000 public liability insurance at all times,

Event: An event can be considered as an organised celebration of a specific occasion that is open to attendance by members of the general public (whether by payment or not). Events include annual cultural celebrations and community festivals. Activities: An activity can be considered as an educational process or routine procedure intended to stimulate learning or obtain other site management outcomes. Activities include educational workshops, working bees, gardening, site maintenance and site tours etc.


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b) An affiliated community organisation may auspice a community garden group and permit the community garden to be covered under their insurance,

c) Community garden groups may unite to purchase insurance collectively,

d) Community garden groups may seek incorporation through the NSW Office of Fair Trading in order to become a distinct legal entity. Incorporation may facilitate the management and fiscal operation of community gardens, such as the creation of bank accounts and application for grants.


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ANNEXURE 3 – LAND IDENTIFIED IN COUNCIL’S GENERIC PLAN OF MANAGEMENT FOR COMMUNITY LAND CATEGORISED AS A ‘PARK’

LOT/DP STREET NAME STREET TYPE TOWN

38/262183 Raftons Road BANGALOW 33/006/730006 Kingsford Drive BRUNSWICK HEADS

31/845143 Hottentot Crescent MULLUMBIMBY 13/847698 Rifle Range Road BANGALOW 14/847698 Parrot Tree Place BANGALOW 17/853050 Hanlon Court BANGALOW 39/264063 Alcorn Street SUFFOLK PARK 335/755687 Park Street NEW BRIGHTON 11/1003205 Roses Road FEDERAL 52/1006418 Muli Muli Avenue OCEAN SHORES 13/260562 Coral Court BYRON BAY 9/10/4974 Deacon Street BANGALOW 13/10/4974 Deacon Street BANGALOW 18/260312 Evans Street BYRON BAY 2/554518 Kuringai Way OCEAN SHORES 1/781652 Byron Street BANGALOW

3032/249562 Rangal Road OCEAN SHORES 11/710480 Riverside Drive MULLUMBIMBY 34/792667 Rush Court MULLUMBIMBY 20/247061 Warina Place MULLUMBIMBY 111/262480 Beachcomber Drive BYRON BAY 64/260562 Beachcomber Drive BYRON BAY 97/805839 Beech Drive SUFFOLK PARK 132/777329 Belongil Crescent BYRON BAY 85/708473 Shelley Drive BYRON BAY 27/260312 Evans Street BYRON BAY 28/260312 Evans Street BYRON BAY

1858/262824 Helen Street SOUTH GOLDEN

BEACH 46/714410 Julian Rocks Drive BYRON BAY 86/708473 Shelley Drive BYRON BAY

2005/808461 Shara Boulevarde OCEAN SHORES 10/10/4974 Deacon Street BANGALOW 11/10/4974 Deacon Street BANGALOW 12/10/4974 Deacon Street BANGALOW 14/10/4974 Deacon Street BANGALOW 15/10/4974 Deacon Street BANGALOW 16/10/4974 Deacon Street BANGALOW 21/810117 Rosewood Court MULLUMBIMBY 168/817012 Mango Bark Court SUFFOLK PARK 96/818618 Broken Head Road SUFFOLK PARK 3/801701 Dudgeons Lane BANGALOW 19/828513 Cassia Court MULLUMBIMBY 39/830347 Marattia Place SUFFOLK PARK 9/833279 Raftons Road BANGALOW 9/847307 Gardenia Court MULLUMBIMBY


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LOT/DP STREET NAME STREET TYPE TOWN

96/849353 Jacaranda Drive BYRON BAY 13/849495 Comet Close BYRON BAY 103/845155 Mahogany Drive BYRON BAY 51/851902 Excelsior Circuit BRUNSWICK HEADS 69/851902 Kingsford Drive BRUNSWICK HEADS 18/853050 Hanlon Court BANGALOW 15/855146 Nightcap Court MULLUMBIMBY 9/872596 Rifle Range Road BANGALOW 19/872205 Hardy Avenue OCEAN SHORES 30/879204 Parrot Tree Place BANGALOW

Disclaimer: The land parcels identified above have not been assessed for fitness for purpose as community garden sites.


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ANNEXURE 4 – LAND IDENTIFIED IN COUNCIL’S PLAN OF MANAGEMENT COMMUNITY LAND MULLUMBIMBY SPORTS FIELDS IDENTIFIED FOR COMMUNITY GARDEN

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