DRAFT FOOTPATH GARDENING POLICY – ADOPTION
FILE NO: S055784
SUMMARY
This report recommends that Council adopt the draft Footpath Gardening Policy.
The draft Footpath Gardening Policy (the Policy) will enable residents and businesses to set up a garden on a footpath or nature strip without City approval, subject to safety and access considerations.
The Policy has been developed to ensure planter boxes and footpath gardens are placed in appropriate locations without restricting access along the footpath or to adjoining properties. The Policy allows residents and businesses to engage in footpath gardening without City approvals required under the Local Government Act and the Roads Act, providing they meet the requirements of the Policy.
The Policy was exhibited for public comment from 12 December 2011 until 13 February 2012. In total, 13 submissions were received. The Policy was amended following consideration of comments received during the exhibition period.
Council considered the draft Footpath Gardening Policy in May 2012 and deferred its decision, asking City staff to review the Policy to ensure the application process is as efficient and effective as possible, eliminating any unnecessary ‘red tape’.
The review has been completed and some changes are proposed. This report also provides further explanation on the approvals required under the Roads Act 1993 and Local Government Act 1993, and why this Local Approvals Policy and proposed processes are beneficial for residents, businesses and the greening of the City.
Implementation will be through self-assessment checklists, which will allow residents and businesses to evaluate the compliance of their proposed planter box or footpath garden.
It is also proposed that Council approve an allocation of $50,000 as seed funding to promote and encourage the installation of footpath planter boxes, which will be administered through the proposed Footpath Garden Grant Program.
RECOMMENDATION
It is resolved that:
(A) Council adopt the draft Footpath Gardening Policy, as shown at Attachment A to the subject report;
(B) Council seek the consent of the Director General of the Division of Local Government for the Footpath Gardening Policy to take effect as a Local Approvals Policy under the Local Government Act 1993;
(C) authority be delegated to the Chief Executive Officer to make any minor amendments requested by the Director General of the Division of Local Government to allow the Policy to take effect under the Local Government Act 1993,
(D) Council approve a funding allocation of $50,000 in 2012/13 to promote and encourage the installation of footpath planter boxes to be administered through the proposed Footpath Garden Grant Program;
(E) Council adopt the proposed Footpath Garden Grant Program as shown in Attachment C to the subject report;
(F) Council amend the Grants and Sponsorships Policy to include the proposed Footpath Garden Grant Program as outlined in Attachment C to the subject report; and
(G) authority be delegated to the Chief Executive Officer to administer the grant as outlined in the subject report and Attachment C to the subject report.
ATTACHMENTS
Attachment A: Amended Draft Footpath Gardening Policy.
Attachment B: Assessment of Submissions.
Attachment C: Footpath Garden Grant Program.
BACKGROUND
1. Footpath gardening describes activities where residents or businesses assume responsibility for the planting or maintenance of footpath verges, nature strips or planter boxes located on public footpaths outside their properties.
2. The purpose of the Policy is to empower and support the community to actively participate in the greening of City streets.
3. The placement of a structure (i.e. a planter box) and the carrying out of work (i.e. gardening) on a public road or public footpath requires the consent of the designated roads authority (Council) under section 138 of the Roads Act 1993. The placement of a planter box on the public footpath also requires the approval of Council under section 68 (E2) of the Local Government Act 1993.
4. Many residents and businesses currently do this without approvals. There is often a common sense approach and the gardens and structures exist without causing a problem, however, there are occasions where the structures are unsafe, block pedestrian access or damage the City’s street trees.
5. The Policy has been designed to raise awareness of the range of safety and access requirements, which need to be met.
6. The Policy will be implemented through easy to use checklists, which allow residents and businesses to evaluate the compliance of their proposed planter or garden. If the proposed garden or planter is safe and an attractive addition to the street, residents will be required to simply tick the checklist and post or email it back to Council.
7. Council considered the draft Policy in May 2012 and deferred its decision, asking City staff to review the Policy to ensure the application process is as efficient and effective as possible, eliminating any unnecessary ‘red tape’.
8. The review has been completed and some changes are proposed. This report also provides further explanation on the approvals required under the Roads Act 1993 and Local Government Act 1993, and why this Local Approvals Policy and proposed processes are beneficial for residents, businesses and the greening of the City.
KEY POLICY ELEMENTS
Local Approvals Policy
9. The Policy has been developed as a Local Approvals Policy (under section 158 of the Local Government Act 1993). The purpose of a Local Approvals Policy is to satisfy the requirements of section 158 of the Local Government Act 1993 by specifying circumstances where Council approval is not required before carrying out an activity.
10. The Policy will allow residents and businesses to place a planter box or garden on the footpath, providing that all the conditions and criteria of the Policy and checklists have been met.
11. Under section 162 of the Local Government Act, the adoption of the Local Approvals Policy will require the consent of the Director General of the Division of Local Government before taking effect.
12. The Policy applies to all land owned and controlled by the City of Sydney, excluding Central Sydney and Kings Cross as defined in the Policy map. These areas are excluded due to their busy pedestrian and commercial activity.
Implementation and Compliance
13. The Policy will be implemented through two self-assessment checklists; the first addressing planter boxes and the second addressing gardening on footpath verges.
14. The two checklists will be finalised in line with the endorsed policy and periodically revised to keep them user-friendly and effective.
15. Residents and business owners will assess their proposed planter box or gardening activity against the requirements of each checklist. The checklist must be completed by the resident or business and forwarded to Council by email or reply paid mail.
16. Proposals that are in full compliance with the checklists’ conditions will not require further approval or assessment from Council.
17. Where a proposed planter box or activity does not fully comply with the checklist criteria, applicants will be encouraged to contact City staff to arrange a site inspection to determine if a modified planter box or garden can be accommodated at that location.
18. Compliance with the Policy checklist ensures that the placement of planter boxes or gardening activities will be compatible with other uses of the public footpath.
19. Compliance with location and placement conditions will be monitored by the City’s Rangers and Asset Inspectors.
20. The Policy will apply to all new gardens established after the adoption of the Policy.
Maintenance
21. The resident or business owners will be responsible for maintaining the planter boxes and footpath gardens. The expected maintenance standards are detailed within the Policy, and reflect the standards that the City applies to its streetscape maintenance.
22. In the event that maintenance is not undertaken to the required standard, City staff will consult with the residents and businesses to address the issue. Where standards cannot be achieved, the planter box or gardens may be removed.
Accessibility
23. The Policy and checklists contain detailed placement criteria, which ensure the continued accessibility and safety of the footpath and streetscape for other users.
24. The Policy criteria require planter boxes to be placed on the kerb side of the footpath. This best practice approach ensures a clear unobstructed path of travel along the building line for pedestrians, including people with low vision.
25. The Policy criteria include minimum pedestrian clearances on footpaths, which allow sufficient access for pedestrians, including persons using mobility aids, wheelchairs and parents or carers with prams.
Planter Box Design
26. Major village streets or retail strips will require the use of a standard planter box design. Examples of these areas are identified within the checklists and include sections of Oxford Street, Redfern Street and Glebe Point Road.
27. In all other areas, residents and businesses are free to choose their own style of planter box, providing it meets the general criteria for size and material choice.
New Verges or Nature Strips
28. The Policy allows for residents or businesses to request the installation of new nature strips or garden beds on their street. The implementation of these works will be subject to site suitability and capital works program capacity to carry out additional works. Where works cannot be carried out within the current year’s program, they will be programmed in subsequent years.
Rain Gardens
29. Rain gardens perform a specialised function in filtering stormwater and will not be available for residents or businesses to use as footpath gardens.
Public Liability
30. Under the Policy, the City will provide residents and businesses with public liability cover for their complying planters or gardens. The lodgement of completed complying checklists enables the City to keep track of the location and number of planter boxes and gardens to support compliance monitoring and insurance requirements.
Consultation Feedback
31. The Policy was placed on public exhibition from 12 December 2011 until 13 February 2012.
32. In total, 13 submissions were received from individuals, businesses and groups, including Vision Australia, Sustainable Chippendale, The Three Saints Square Project Group and the 2010 Business Partnership.
33. A summary and assessment of the submissions is contained in Attachment B.
34. Comments included:
(a) general support;
(b) accessibility and the impacts on people who are blind and have low vision;
(c) clearance requirements;
(d) community food production; and
(e) implications for major streets including Oxford Street, Three Saints Square, and Victoria Street, Potts Point.
35. The draft Policy has been amended, where appropriate, in response to the feedback received. The Policy’s self-assessment checklists have been removed from the main policy document for simplicity. Following adoption of the Policy, the checklists will be available on the City’s website and at the One Stop Shop and Neighbourhood Service Centres.
KEY IMPLICATIONS
Strategic Alignment - Sustainable Sydney 2030
36. Sustainable Sydney 2030 is a vision for the sustainable development of the City to 2030 and beyond. It includes 10 strategic directions to guide the future of the City, as well as 10 targets against which to measure progress. The Policy is aligned with the following strategic directions and objectives:
(a) Direction 2 provides a road map for the City to become A Leading Environmental Performer – the Policy will enhance the City’s environmental performance by increasing the City’s understorey plantings, increasing storm water absorption, and offering the opportunity for local food production.
(b) Direction 4 - A City of Pedestrians and Cyclists – outlines actions that will make walking and cycling an easy option for residents and visitors in our City. The Policy maintains accessibility of the footpath for pedestrians and cyclists and will improve the appearance and quality of the pedestrian environment.
(c) Direction 10 - Implementation through Effective Governance and Partnerships – recognises that the long-term success of Sustainable Sydney 2030 will depend on detailed analysis and effective partnerships with all tiers of government, the private sector and the community. The Policy will empower the community to take steps to green their local streets through an easy to understand process with minimal ”red tape” or administration.
37. The Greening Sydney Plan recognises the importance of community participation for greening the City and further contributing to sustainable living. The draft Policy provides a framework for the community to assist in delivering the Greening Sydney Plan objectives.
Organisational Impact
38. The Policy and its self-assessment checklists will minimise administrative requirements.
39. City Park’s Operations and City Ranger staff will communicate with residents and monitor compliance; however, this is expected to be relatively minor after the initial implementation phase.
Risk Management
40. Key risks and controls addressed by the Policy are:
(a) Underground services – the Policy requires the use of the Dial Before You Dig Service prior to undertaking any digging, and planting must be carried out by hand tools with no excavation to exceed 30cm;
(b) Insurances – the City will provide public liability insurance to residents and businesses who place a planter box or garden on the footpath provided they fully comply with the Policy;
(c) Trip hazards – the Policy does not allow raised edges on garden beds and provides clear set out requirements for the placement of planter boxes;
(d) Vandalism – residents and businesses will be responsible for maintaining planter boxes and footpath gardens including any vandalism; and
(e) Compliance – the City’s Rangers and Asset Inspectors will monitor the condition and placement of planters and footpath gardens, as well as responding to any complaints.
41. While the City will provide public liability cover for residents and businesses, it is important to note Council’s indemnity does not prevent a third party from making a claim against the owner for any injury, loss or damage caused by the planter box or footpath garden.
Social / Cultural / Community
42. The Policy will be available to all residents and businesses to use and will provide social opportunities to meet and work together on the beautification of properties and local streets.
Environmental
43. The Policy will have a positive environmental effect by increasing the quantity and quality of the City’s understorey planting, improving stormwater absorption and improving the visual quality of local streets.