Agenda Item 9.3
ABERDEEN CITY COUNCIL
COMMITTEE:
Housing and Environment
DATE:
13 April 2010
DIRECTOR:
Pete Leonard
TITLE OF REPORT:
Community Gardens Policy on
Council owned land.
REPORT NUMBER
H&E/09/116.
1. PURPOSE OF REPORT
The purpose of this report is to seek Commit ee approval for the community
gardens policy. The aims of the policy are to:
a) make available public open space for gardening as a form of community
recreation;
b) provide opportunities of outdoor community education about gardening;
c) provide opportunities to foster social wel being through community
interaction;
d) establish opportunities for local pride in public open spaces; and
e) provide options for those members of the community who lack sufficient
private open space to have their own vegetable or fruit gardens.
2. RECOMMENDATION(S)
That the Commit ee:
(i)
adopts the Community Gardens Policy; Council owned land and
(i )
instructs the Director of Housing & Environment Services to report
back in 2011 on progress with the implementation of the policy.
3. FINANCIAL IMPLICATIONS
The only financial implications would be to price an annual lease for properties to
be adopted as part of the policy and potential y the reduction in cost of
maintaining Council properties. Whilst there could be increased administration,
and an additional cal on Legal and Asset Management staf , such costs should
be factored into a lease price. Such a lease wil be entered into in accordance
with Council policy with the understanding that these leases wil adhere to State
Aid requirements. The possibility of using the current Al otment payment process
to manage the charging of these potential leases wil be investigated. It should
be noted that within this Policy the Council takes the role of a landlord rather than
a funder.
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4. SERVICE & COMMUNITY IMPACT
The scope of this policy covers the environment in its widest sense, including not
only our local environment, but also our global environmental impact.
This report links to the updated Single Outcome Agreement and Community Plan
2008-2011 in respect of:
National Outcome 11 - We have strong, resilient and supportive communities
where people take responsibility for their own actions and how they affect others
National Outcome12 – Environmental Protection ;
National Outcome 14 – Reducing Environmental Impacts, this Policy also links to
the Council’s Policy Statement ,Vibrant Dynamic & Forward Looking ,in terms of
reducing the Council’s carbon impact.
An Equalities and Human Rights Impact Assessment has been undertaken and
is appended to this report. This policy creates opportunities for communities to
impact positively on their local environment. There are added benefits for
community cohesion as wel as potential educational and health benefits. Local y
produced food and plants can assist in increasing biodiversity, reducing food
miles and creating knowledge as to how the environment works. Community
Gardens should create bet er access to the environment for al groups, including
those with disabilities. This Policy is a subset of the Draft Sustainable
Environment Strategy for Council Properties, which was approved for
consultation at the Policy and Strategy Commit ee on 10 June 2008. A Strategic
Environmental Assessment is being undertaken as part of that process.
5. OTHER IMPLICATIONS
Community Gardening has become popular in countries such as Canada, New
Zealand, Australia and the United States of America. Dif erent countries have
established a range of dif erent approaches. In the United Kingdom we have a
strong history of al otment development, but in recent years there has been a
move to a variety of instruments including: ‘Guerril a Gardening’ where a group of
gardeners undertake covert gardening and garden sharing, where people with
gardens of er them to those who have an interest in gardening but lack the space
to provide facilities for community gardening.
Many of the community gardening at empts in Aberdeen have been undertaken
on private land, with a few on a mix of Council and private land. Some of these
such as Healthy Roots in Manor Park and community initiatives such as Culter in
Bloom and Dyce in Bloom, are excel ent examples of community gardening in
action, This Policy is aimed at providing additional opportunities for a
col aborative and accessible community led alternative to individuals holding an
al otment and other existing community schemes.
There is a potential risk to any formal y constituted body whereby they depend on
external funding to pay for the community gardens lease; such risks must be
identified as part of any community garden’s proposal. It is noteworthy that
formal y constituted bodies who undertake such publicly accessible projects have
access to considerably more funding opportunities that the Council.
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6. REPORT
6.1 Community Garden Policy on Council Owned Land
6.1.1 The Community Garden Policy is intended to foster a positive climate for
community gardening and identifies the principles used by the Council in
its decision-making around the development, management and
maintenance of community gardens on Council owned land.
6.1.2 This Policy is aimed to progress the Council’s Strategy to Transform
Environmental Services 2008; Nature Conservation Strategy 2010; Open
Space Audit 2010; and the current Draft Sustainable Outdoor Strategy for
Council Properties.
6.2 Definitions
6.2.1 Community Gardens are smal -scale, low investment, neighbourhood
communal gardening ventures, that citizens voluntarily manage where
horticultural and biodiversity activities are practiced.
6.2.2 Formal y constituted body – means a body / entity such as a charitable
trust, charitable entity or incorporated society etc.
6.2.3 Public Open Space – means Aberdeen City Council’s owned or
administered land available to the public for the purposes of recreation,
culture, biodiversity and leisure.
6.2.4 Tenure – the term for which a lease or licence is held.
6.3 Principles
6.3.1 There are four key principles underpinning this Policy. These are:
• Where a community group can establish a formal y constituted body to run a
community garden, and where a suitable site can be found, the Council wil
make public land available for community gardens, subject to the criteria and
process outlined in this policy.
• Each garden proposal wil be addressed on a case by case basis.
• Aberdeen City Council’s (the Council) role in community gardens is as an
enabler and supporter of community garden initiatives, rather than a provider
or funder.
• Tenure wil be via a licence or lease under relevant legislation and under the
terms and conditions stipulated in the Council’s Leasing Policies. The licence
or lease wil be for a fixed term with the Council retaining the right to
terminate the licence or lease with sufficient notice, if the land is required for
another purpose.
6.4 Objectives
6.4.1 This policy defines the Council’s criteria for assessing proposals for
community gardens on public land. It provides guidelines for potential
applicants about what the Council expects from a proposal for community
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gardens and how the Council wil consider applications for community
gardens on its land.
6.5 Policies
6.5.1 Establishment of Community Gardens
Community gardens must be established by a management entity, which
wil be a formal y constituted body. The Council wil neither lease nor
licence land for a community garden to an individual.
6.5.2 Writ en Proposal
• Prior to a community garden being established a formal y constituted
body must submit a writ en proposal subject to section 6.7 below.
6.5.3 Assessment of Proposal
Council officers must assess the proposal in accordance with section 6.8.
6.5.4 Council Approval
The Council must approve the proposal, unless otherwise advised by
Council Officers as a result of the assessment.
6.5.5 Public Notification
Public notification or consultation required under the Local Government
Act (Scotland) 2003 or any other relevant legislation must be completed.
6.5.6 Licensing or Lease
The licence or lease must be signed by the Council’s delegated
representative and the management entity.
6.5.7 Funding
It is the responsibility of the formal y constituted body to secure funding for
its community garden. The formal y constituted body may sel produce
grown at the community garden to fund gardening activities.
6.5.8 Fees
The formal y constituted body shal be liable for the payment of a lease or
licence fee for a community garden site, where applicable. Lease fees wil
be subject to the Council’s lease policy and adhere to State Aid
requirements.
6.5.9 General Conditions of Occupation
Tenure wil be for a maximum of five years. Extensions of this period wil
require approval via the process outlined in sections 6.7 and 6.8.
6.5.10 Maintenance
Maintenance of the community garden and any improvements to the site
such as, but not limited to, signage, fencing, garden furniture or features
wil be the responsibility of the formal y constituted body and wil be
maintained to the satisfaction of the Head of Environment or his or her
delegate. This wil be done in line with the original proposal.
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6.5.11 Disestablishment
On disestablishment of the community garden the formal y constituted
body is responsible for the reinstatement of the public open space to the
satisfaction of the relevant Council Manager responsible for parks.
6.5.12 Public Open Space Values
The Council wil seek to maintain the public use and open space values of
any land used for a community garden.
6.5.13 Location
The location of community gardens within public open space should
consider and be compliant with the primary function of that public open
space and its associated uses and users. Community gardens wil be
located so as to minimise potential conflict with other uses and users.
6.5.14 Public Access
As a general principle, where possible, public access wil be encouraged.
Management entities for community gardens should have open
membership. However, a formal y constituted body may restrict
membership numbers to a size appropriate to the particular site. Public
access through community gardens wil be addressed in the management
entity’s lease or licence.
6.6 The Council’s Responsibilities
6.6.1 The Council wil maintain a contact database for al community gardens,
similar to those held for the Council’s Al otments, and notify
representatives when there are planned works that may affect the
community garden operation. The Council wil also ensure that al
community garden operations meet the Council’s Environmental Policies.
6.7 Requirements for Community Garden Proposal
6.7.1 A proposal to establish a community garden should include the fol owing:
•
Purpose of the proposed garden;
•
Objectives of the formal y constituted body and information to
demonstrate that the entity is viable;
•
Benefit of the garden to the local area and community, including
who wil benefit from the produce;
•
Information on alternative locations considered and a discussion on
why those locations cannot be used;
•
Opportunities for links and synergies with community organisations
such as the local Community Council, schools, church groups or
volunteers;
•
Discussion of innovative techniques proposed for the community
garden to demonstrate environmental sustainability;
•
Proposed legal and organisational structure;
•
Identification of a liaison person;
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•
Skil s and competencies of the management entity;
•
Proposed membership;
•
Processes for decision making, problem solving, conflict resolution,
training and induction of new members;
•
Requirements from the Council in terms of meeting the Council’s
Environmental Policies;
•
A map or aerial photograph showing the proposed extent of the
community garden and any proposed locations for structures and
storage;
•
An analysis of how the community garden wil complement the
values of the surrounding public open space, including effects on
surrounding amenity users and neighbours and how adverse
affects wil be mitigated;
•
Budget, sources of funding and whether there is a sponsor support;
•
Hours of operation; and
•
A management plan that covers:
o
Management of vandalism, security and safety;
o
Gardening techniques proposed;
o
Mowing, maintenance;
o
Weed and pest control;
o
Composting;
o
Waste management;
o
Health and safety and public liability;
o
Details of and the rationale behind any structures proposed;
o
Signage; and
o
How noise and odour issues wil be managed and contained.
6.8 Criteria for assessment of proposals
6.8.1 Criteria are needed to help assess the likely success of any proposal to
locate community gardens on public open space. Assessment criteria for
community garden proposals fal within the fol owing categories:
a.
The nature of the local environment.
b.
The characteristics of the proposed community garden activity.
In more detail these are as fol ows:
a.
Consideration of the nature of the local environment entails taking into
account the fact that the local environment covers not just the physical
and natural environment, but also the social, cultural and policy
environments that influence the decision-making. Factors for assessing a
community gardening proposal include:
• Linkages with the Council’s Nature Conservation Strategy 2010, the
Council’s Open Space Strategy when it is adopted and other relevant
Council Environmental Strategies and Policies.
• Whether the natural and physical characteristics of the proposal are
conducive to successful community gardening. These include aspect,
topography, soils and soil toxicity, the presence of other vegetation,
exposure/shelter and flooding potential.
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• Whether health and safety issues, such as poor access or lighting,
steep or eroded banks, unfenced watercourses or previously
contaminated sites or landfil s, can be addressed.
• Whether the location al ows good access to the site for community
groups or individuals.
• Whether the location has good access to site infrastructure such as
water, drainage and transport.
• The presence or proximity of significant natural, cultural or heritage
sites, which may be protected through the Council’s current and
proposed Local Development Plan, the Council Archivist or Scot ish
Natural Heritage.
• The site’s compliance with any regulations or development controls,
including the site’s zoning, classification and management plans
prepared under the Council’s current Local Plan and any future
subsequent Local Development Plan, where applicable.
• Whether the proposed community garden would enhance the social
amenities and economic wel being of the neighbourhood, and whether
or not it wil be supported and used by nearby residents.
• How the proposal fits with relevant legislation, Council policies,
strategies and plans.
• Whether the space is suitable for other uses.
• Potential conflict with adjoining land uses.
• Consideration of the views of af ected parties including neighbours.
b
Consideration of the characteristics of the proposed community
gardening activity requires that al the factors relevant to the proposed
gardening activity over the establishment and operation of a community
garden on a particular site are taken into account. This wil be assessed
according to the ability to meet aspects of the proposal, set out in section
6.7.
7. REPORT AUTHOR DETAILS
Jan Falconer
Strategist – Sustainable Development
[email address]
01224 814615
8. BACKGROUND PAPERS
The Federation of Community Farms and Gardens May 2008, ‘The True Value of
Community Farms and Gardens.’
Scot ish Community Garden Starter Pack
The Council’s Public Open Spaces Grounds Maintenance Policy, Policy and
Strategy Commit ee, 21 January 2009,
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Aberdeen City Council’s Nature Conservation Strategy 2010, 11 January 2010
The Transformation Strategy of Environmental Services, Ful Council, 13
February 2006, Article 6(b),
The Draft Sustainable Environment Strategy for Council Properties, Policy and
Strategy Commit ee June 2008
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