Use of planning agreements to support sustainability and environmental preservation: A case study from Victoria, Australia

Journal article


Leshinsky, Rebecca. (2012). Use of planning agreements to support sustainability and environmental preservation: A case study from Victoria, Australia. International Journal of Law in the Built Environment. 4(2), pp. 157 - 172. https://doi.org/10.1108/17561451211242521
AuthorsLeshinsky, Rebecca
Abstract

Purpose: Sustainable values and implementation tools are now more widely included in Australian land use planning and development. Planning agreements are one instrument by which environmental values and preservation can be made more enduring, particularly as planning agreements run with the land. Little has been said about these agreements and the purpose of this paper is to strive to add to the body of knowledge in this area. The aim of this paper is to introduce a contextual framework for planning agreements, drawing on collaborative planning theory and practice. It also demonstrates how planning agreements can been used as a tool to preserve environmental values and principles generally, and more particularly the rich flora and fauna in the surrounding housing estate adjacent to the Royal Botanical Gardens in Cranbourne, Victoria, Australia.

Design/methodology/approach: The paper relies on a case study from the municipality of Casey located in the state of Victoria and introduces measures taken, via planning agreements between the municipality and estate developers, to preserve green values and the flora and fauna located in the surrounds of the Royal Botanical Gardens in Cranbourne.

Findings: The case study suggests that, whilst the planning agreements may have established excellent procedure and practice to preserve the flora and fauna at the botanic gardens and in its surrounds, the effectiveness of the planning agreements as an environmental preservation tool has limitations. This may be due to the lack of resources for more effective information dissemination and enforcement. Ultimately, it may have to be left to the goodwill of residents to ensure environmental protection of the botanic gardens and its surrounds is maintained.

Research limitations/implications: As the housing estate is still a young development, the case study is an exploratory approach. This leaves open the opportunity for further data to be gathered from estate residents into the effectiveness of the preservation and enforcement of the green values and principles raised in the planning agreements. There is also the opportunity to take the study further to ascertain longitudinally, how respectful original and subsequent owners are of the green values planted in the planning agreements.

Originality/value: The analysis of the case study is instructive, particularly as there is a dearth of literature on how effective planning law agreements are as an environmental preservation and sustainability tool.

Keywordsplanning agreements; environmental preservation; sustainability; Australia; environmental regulations
Year2012
JournalInternational Journal of Law in the Built Environment
Journal citation4 (2), pp. 157 - 172
ISSN1756-1450
Digital Object Identifier (DOI)https://doi.org/10.1108/17561451211242521
Scopus EID2-s2.0-84891773808
Page range157 - 172
Research GroupPeter Faber Business School
Publisher's version
File Access Level
Controlled
Place of publicationUnited Kingdom
Permalink -

https://acuresearchbank.acu.edu.au/item/8585v/use-of-planning-agreements-to-support-sustainability-and-environmental-preservation-a-case-study-from-victoria-australia

Restricted files

Publisher's version

  • 83
    total views
  • 0
    total downloads
  • 2
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Sustainable retrofits of apartment buildings: Developing a process to address the barriers to adoption
Rex, Judith and Leshinsky, Judith. (2013). Sustainable retrofits of apartment buildings: Developing a process to address the barriers to adoption. In M Ewing and J Ford (Ed.). 2013 Academy of Marketing Science 16th Biennial World Marketing Congress. Australia: Monash University Press. pp. 298 - 306 https://doi.org/10.1007/978-3-319-24184-5_77
Dispute resolution under the Owners Corporation Act 2006 (Vic): Engaging with conflict in communal living
Leshinsky, Rebecca, Douglas, Kathy, Condliffe, Peter and Goodman, Robin. (2012). Dispute resolution under the Owners Corporation Act 2006 (Vic): Engaging with conflict in communal living. Property Law Review. 2(1), pp. 39 - 57.
What are they fighting about? Research into disputes in Victorian owners corporations
Leshinsky, Rebecca, Condliffe, Peter, Taylor, Elizabeth and Goodman, Robin. (2012). What are they fighting about? Research into disputes in Victorian owners corporations. Australasian Dispute Resolution Journal. 23(2), pp. 112 - 119.
Pre-action dispute resolution under the Owners Corporation Act 2006 (Vic): Teaching conflict resolution strategies
Douglas, Kathy and Leshinsky, Judith. (2012). Pre-action dispute resolution under the Owners Corporation Act 2006 (Vic): Teaching conflict resolution strategies. Australian Property Law Journal. 20(3), pp. 224 - 236.
Transfer development rights, lessons for Australia from international models: Incentives and community engagement
Leshinsky, Judith Rebecca and Legacy, Crystal. (2011). Transfer development rights, lessons for Australia from international models: Incentives and community engagement. Proceedings of the 3rd World Planning Schools Congress. Perth, Australia: University of Western Australia. pp. 1 - 18
Appropriate dispute resolution for Owners Corporation internal disputes: A case study from Victoria, Australia
Leshinsky, Rebecca, Perenyi, Aron and Condliffe, Peter. (2011). Appropriate dispute resolution for Owners Corporation internal disputes: A case study from Victoria, Australia. Proceedings of the 3rd World Planning Schools Congress. Australia: University of Western Australia. pp. 1 - 15
Planning, biolinks and property: Tensions between policy and practice
Rudner, Julie, Fraser, Katherine and Leshinsky, Judith Rebecca. (2011). Planning, biolinks and property: Tensions between policy and practice. Proceedings of the 3rd World Planning Schools Congress. Australia: University of Western Australia. pp. 1 - 21
Non-financial compensation instruments as alternatives to state land compensation
Leshinsky, Rebecca. (2010). Non-financial compensation instruments as alternatives to state land compensation. Planning News. 36(10), pp. 20 - 21.
Knowing the social in planning law decision making
Leshinsky, Judith Rebecca. (2009). Knowing the social in planning law decision making. Proceedings of 'city growth, sustainability, vitality and vulnerability', the 2009 State of Australian Cities (SOAC) National Conference. Australia: University of New South Wales Press. pp. 1 - 10
Mediating the neighbours
Douglas, Kathy, Leshinsky, Rebecca and Goodman, Robin. (2009). Mediating the neighbours. Law Institute Journal. 83(6), pp. 48 - 51.
Mediating the neighbours
Douglas, Kathy, Leshinsky, Rebecca and Goodman, Robin. (2009). Mediating the neighbours. Law Institute Journal. 83(6), pp. 48 - 51.
Knowing the social in urban planning law decision-making
Leshinsky, Judith Rebecca. (2008). Knowing the social in urban planning law decision-making. Urban Policy and Research. 26(4), pp. 415 - 427. https://doi.org/10.1080/08111140802084767
Models of mediation: Dispute resolution design under the owners corporation act 2006 (vic)
Douglas, Kathy, Goodman, Robin and Leshinsky, Rebecca. (2008). Models of mediation: Dispute resolution design under the owners corporation act 2006 (vic). Australasian Dispute Resolution Journal. 19(2), pp. 95 - 103.
Models of mediation: dispute resolution design under the Owners Corporation Act 2006 (Vic)
Douglas, Kathy, Goodman, Robin and Leshinsky, Rebecca. (2008). Models of mediation: dispute resolution design under the Owners Corporation Act 2006 (Vic). Australasian Dispute Resolution Journal. 19(2), pp. 95 - 103.
Urban tool: social impact assessment as a knowledge tool for planning law decision makers in Victoria
Leshinsky, Rebecca. (2007). Urban tool: social impact assessment as a knowledge tool for planning law decision makers in Victoria. State of Australian Cities (SOAC) National Conference. Australia: Causal Productions. pp. 1186 - 1194