Managing urbanisation and environmental protection in Australian cities: Approaches for integrating biodiversity and urban growth in Sydney

Abstract

Purpose

The purpose of this paper is to examine the regulatory, policy and market‐based approaches taken to incorporate biodiversity conservation in the management of urban growth in Sydney and more broadly in New South Wales, Australia's most populous state. Problems associated with managing Sydney's growth – particularly from the intersection of dealing with perceived property rights and the protection of natural resources such as biodiversity – are identified, and the scope for hybrid “smart regulation” is examined.

Design/methodology/approach

The relevant issues are illustrated through significant State Government development decisions relating to the retention of biodiversity in the new growth areas of Sydney.

Findings

The paper argues that to better integrate biodiversity conservation in Australian cities a mixed approach be adopted in which a number of tools are utilised – and that this needs to occur in the context of a sound overarching strategic planning framework. This constitutes a hybrid approach involving a “fixed” strategic spatial plan informing statutory‐based regulation primarily through zoning and other development controls, augmented by a range of market based tools implemented through statute and common law measures such as conservation covenants.

Originality/value

Singular reliance on traditional “command and control” regulatory approaches as both a cause and ineffectual solution to the problems faced in biodiversity conservation is highlighted. Newer “market based” mechanisms which are being introduced (e.g. biobanking), or should be adopted (e.g. transferable development rights), and management at the strategic level (e.g. biodiversity certification), are examined.

Citation

Williams, P. (2012), "Managing urbanisation and environmental protection in Australian cities: Approaches for integrating biodiversity and urban growth in Sydney", International Journal of Law in the Built Environment, Vol. 4 No. 3, pp. 217-232. https://doi.org/10.1108/17561451211273365