Establishing Urban Gardens on Vacant Land While Considering International Good Practices: A Legal Case Study from Portugal

Abstract

There is a gap in most countries’ legal frameworks regarding their ability to connect vacant land and urban gardens. Hence, research is needed to understand how regulation on vacant land might be designed to promote a more sustainable purpose to it. Urban gardens are a type of urban agriculture that could be potentiated by such regulation. The aim of this paper is to show how that can be done through the Municipal Master Plans (MMP) legal and regulatory framework for the Portuguese case, by reviewing worldwide good practices on vacant land restorations for urban sustainable development. The paper comprises a literature review on good practices adopted in different countries regarding vacant lot restoration. The evaluation of good practices is built on the achievement of the three pillars of sustainability. Five Portuguese MMP were used, as empirical data, to support the design of a new legal and regulatory framework. The goal is to enhance the sustainable destination of vacant land by converting it into urban gardens. The analysis of these MMPs demonstrated that they disregard urban gardens as a tool to promote urban sustainability in spite of global trends to make urban territorial planning and management instruments greener. An additional outcome of this paper is to categorise different types of vacant land in the five municipalities under analysis according to their suitability for urban garden conversion. The design of the legal framework enhancing the conversion of vacant land into urban garden will contribute to the 2030 international agenda goals’ achievement. The proposal would create an innovative legal framework in the case of Portugal that could be replicated by other countries.