In Defence of Ediblescapes

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Issue Four: Temporary Storage in an Existing Community Shelter

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Clarifying the installation of storage cabinets

The City has identified the “installation of storage cabinets within a public picnic shelter without approval” as one of the matters supporting its decision not to renew Ediblescapes’ licence.

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Ediblescapes does not dispute that storage shelves with doors were installed within the shelter. However, the history, purpose, permission pathway, long-term visible use and subsequent removal of that storage require consideration.

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The shelter and the earlier community relationship

Jorge Cantellano’s relationship with the Nerang Country Paradise Association and its Riverkeeper Landcare group began in 2016.

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In 2017, the timber-faced shelter was constructed around an existing metal bus-stop-style structure through a Work for the Dole project associated with the parkland. At the request of the Riverkeeper president, Jorge prepared the concept drawing and visualisation used by the project.

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This involvement demonstrates that Jorge’s relationship with the Association, Riverkeeper and the shelter existed before Ediblescapes began using it for community activities.

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During the sublicence period, the Nerang Country Paradise Association—not the City—was Ediblescapes’ principal contact for occupation and day-to-day site matters. Activities were commonly discussed through direct conversation and verbal agreement with Association representatives.

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Community use of the shelter

A photograph dated 19 August 2021 records Ediblescapes’ early use of the shelter for a community gathering.

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In August 2021, the proposed storage was communicated by email to the Association president. Ediblescapes understood that verbal permission had been provided through an Association representative.

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The first enclosed shelf was documented on 7 September 2021.

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A second storage shelf was in place by 15 December 2022 under the same understood permission arrangement.

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The storage supported community activities by holding cooking utensils, educational materials and gardening resources. In February 2023, the shelter included:

• a portable cooking-burner arrangement used for community food activities; and
• an open gardening library containing books and printed resources available to visitors.

Photographs from January and March 2024 document the continuing use of the shelves and show that rainwater could enter the shelter. The enclosed storage helped protect utensils, educational materials and other activity resources from weather exposure.

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The storage remained openly visible for several years. During that period, Ediblescapes received no direction from the Association requiring its removal.

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The limitation of verbal permission

Ediblescapes understood that it had permission through its sublicence administrator. We now recognise that verbal permission received through an intermediary may not have constituted the City’s required written approval.

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This does not mean that Ediblescapes intended to conceal the storage or deliberately avoid an approval requirement. The photographs demonstrate long-term, visible and community-oriented use within the governance arrangement operating at the time.

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The matter was addressed

Both storage units were removed on 22 June 2024 as Ediblescapes transitioned from the Association sublicence to its first direct Deed of Licence with the City.

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Community gatherings and educational activities were subsequently relocated to the banana-circle area within the Ediblescapes garden. The first documented activity in the relocated gathering space occurred on 2 August 2024.

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The storage was therefore no longer present during the direct licence period.

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Ediblescapes accepts that clearer written City approval should have been obtained. What we dispute is the later use of this historical and already-corrected matter as a basis for ending the licence without giving adequate weight to:

• the longstanding relationship with the Association and Riverkeeper;
• the verbal permission Ediblescapes understood it had received;
• the community and educational purpose of the storage;
• its open and visible use over several years;
• the absence of an instruction to remove it during that period; and
• its voluntary removal before the direct City licence commenced.

The constructive way forward is a direct City contact and a clear written approval pathway for storage, community education and other practical activities.

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This statement is offered respectfully to establish the complete history and support a fair, proportionate and evidence-based assessment.

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