In Defence of Ediblescapes

Issue Three: A Shallow Water Channel Responding to Recurrent Flooding

Clarifying the “excavation of a trench”

The City has identified the “excavation of a trench within the parklands for drainage purposes without approval” as one of the matters supporting its decision not to renew Ediblescapes’ licence.

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Ediblescapes believes this description requires context and clarification.

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During periods of heavy rain in 2022 and 2023, surface water repeatedly entered the existing public shelter used by Ediblescapes and other parkland visitors. The flooding affected the concrete floor, furniture and materials stored inside.

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In response, Ediblescapes opened a shallow surface channel beside the shelter to help redirect water away from the interior. It was a practical response to recurrent localised flooding—not an attempt to construct a permanent engineered drainage system.

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The historical governance arrangement

At the time, Ediblescapes occupied the garden through a sublicence administered by the Nerang Country Paradise Association. The Association was Ediblescapes’ principal contact for occupation and day-to-day parkland matters.

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Jorge Cantellano’s working relationship with the Association and its Riverkeeper Landcare group began in 2016. This relationship preceded the establishment of Ediblescapes and created an established practice in which many routine activities were discussed and undertaken through verbal agreement with Association representatives.

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Ediblescapes now recognises that this indirect and largely verbal arrangement did not necessarily provide the written City approval that may have been required for altering the ground surface.

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However, the context is important. The channel was created in response to water entering an established community shelter during recurrent flooding. It was not concealed, and it was not undertaken for private benefit or unrelated development.

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The photographic record

Video recorded on 7 February 2023 documents the shelter and the area associated with the disputed channel.

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A photograph taken on 2 January 2024 shows rainwater still collecting inside the shelter, demonstrating the practical drainage problem to which Ediblescapes was responding.

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By 9 March 2024, the channel edge beside the shelter had been softened and regraded so that mowing and ordinary maintenance could resume.

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The matter was addressed

The drainage response occurred during the earlier sublicence period, before Ediblescapes entered into its first direct Deed of Licence with the City in June 2024.

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Ediblescapes accepts that clearer written approval should have been obtained before altering the ground surface. What we seek is a proportionate assessment that also considers:

• the recurrent flooding affecting the shelter;
• the shallow and localised nature of the intervention;
• the historical sublicence and verbal-permission arrangement;
• the absence of a consistent direct communication pathway with the City; and
• the subsequent regrading of the area before the direct licence commenced.

The constructive way forward is a clear written process through which community land stewards can report drainage problems and receive timely guidance or approval for proportionate responses.

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This statement is offered respectfully to clarify the circumstances and support a fair, evidence-based conversation.

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