Sandringham Community Garden, Tulip St, Black Rock shut down by court
Black Rock locals have been locked out of a community garden created by volunteers in a public park, just days before it was completed. Here’s why.
Inner South
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A community garden has been nipped in the bud before a single seed was planted because Bayside Council failed to give itself a permit for the project.
Devastated locals including children from a nearby early learning centre have been told they cannot use the Sandringham Community Garden plots that cost up to $250 each.
The order was made after the council lost a legal battle over planning permits for the Tulip St site.
VCAT ruled that turning part of Tjilatjirrin Reserve into a community garden and installing a fence, shed and water tanks had breached Bayside’s planning scheme.
The council unsuccessfully argued that the work had been carried out on its behalf as the public land manager and therefore a planning permit was not required.
The site was leased to Sandringham Community Garden Club and developed using a $20,000 grant from Sandringham Rotary.
Garden club President Garry Thompson said the tribunal’s decision was a blow for members and volunteers who had battled lockdown restrictions to create the garden.
“We were one weekend’s worth of work away from finishing,” Mr Thompson said.
The community had embraced the concept, all 34 individual plots had been snapped up and there was now a waiting list.
“Our members include an early learning centre, disability support groups, the young and the old,” Mr Thompson said.
“There was such excitement and enthusiasm about the garden.”
However, not everyone supported the concept.
A series of vandal attacks including locks being filled with acid and super glue and fence posts removed hampered the project.
The damage was being investigated by police and security cameras had been installed around the garden’s perimeter.
Some residents living alongside the garden site took legal action to stop the project which they said had not included adequate community consultation,
Jonathan Bence took the case to the tribunal on behalf of nine neighbours and said the ruling vindicated their concerns.
“I think community gardens are a fantastic idea,” he said.
“Just not there.”
The council was reprimanded by the tribunal’s deputy president, Mark Dwer, for its “cavalier attitude” to the hearing and “unusual and regrettable” lack of legal analysis.
He ordered the council to pay application and hearing costs for Mr Bence.
Mr Bence said the amount would be about $1500.
Bayside Council said in a written statement that it had since applied for a planning permit and that community consultation was likely.
The garden could not be used by the club until a permit was approved.
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