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Adshead, J (2014) Revisiting the ideologies of planning law: Private property, public interest and public participation in the legal framework of England and Wales. International Journal of Law in the Built Environment, 6(01), 174-93.

Bogusz, B (2013) Regulating public/private interests in town and village greens. International Journal of Law in the Built Environment, 5(01), 21-39.

Brawn, D (2012) Extensions of time and liquidated damages in construction contracts in England and Wales. International Journal of Law in the Built Environment, 4(01), 75-90.

Bright, S and Dixie, H (2014) Evidence of green leases in England and Wales. International Journal of Law in the Built Environment, 6(01), 6-20.

Brooker, P (2009) Criteria for the appropriate use of mediation in construction disputes: Judicial statements in the English Technology and Construction Court. International Journal of Law in the Built Environment, 1(01), 82-97.

Brooker, P (2011) Towards a code of professional conduct for construction mediators. International Journal of Law in the Built Environment, 3(01), 24–47.

Childs, S, Ginige, T A and Pateman, H (2017) Deliberate concealment. International Journal of Law in the Built Environment, 9(01), 32-62.

Christudason, A (2009) Property rights: achieving a fine balance in collective sales of strata developments in Singapore. International Journal of Law in the Built Environment, 1(01), 26-41.

Eccles, T and Pointing, J (2013) Smart regulation, shifting architectures and changes in governance. International Journal of Law in the Built Environment, 5(01), 71-88.

Fogleman, V (2014) The contaminated land regime: time for a regime that is fit for purpose (Part 1). International Journal of Law in the Built Environment, 6(01), 43-68.

Fogleman, V (2014) The contaminated land regime: time for a regime that is fit for purpose (Part 2). International Journal of Law in the Built Environment, 6(01), 129-51.

Gibbons, T (2013) Management agreements in multi-unit housing developments: Existing models and the New Zealand Unit Titles Acts. International Journal of Law in the Built Environment, 5(01), 40-52.

Gill, G N (2014) Environmental protection and developmental interests: A case study of the River Yamuna and the Commonwealth Games, Delhi, 2010. International Journal of Law in the Built Environment, 6(01), 69-90.

Hatcher, C (2015) Illegal geographies of the state: the legalisation of a “squatter” settlement in Bishkek, Kyrgyzstan. International Journal of Law in the Built Environment, 7(01), 39-54.

Heijden, J v d (2009) International comparative analysis of building regulations: an analytical tool. International Journal of Law in the Built Environment, 1(01), 9-25.

Heijden, J v d and Bueren, E v (2013) Regulating sustainable construction in Europe: An inquiry into the European Commission's harmonization attempts. International Journal of Law in the Built Environment, 5(01), 5-20.

Hodkinson, S and Essen, C (2015) Grounding accumulation by dispossession in everyday life: The unjust geographies of urban regeneration under the Private Finance Initiative. International Journal of Law in the Built Environment, 7(01), 72-91.

Howieson, J (2011) ADR for a built environment interdiscipline: curriculum and practical applications. International Journal of Law in the Built Environment, 3(01), 11–23.

Hubbard, P (2015) Law, sex and the city: regulating sexual entertainment venues in England and Wales. International Journal of Law in the Built Environment, 7(01), 5-20.

Hughes, C and Crosby, N (2012) The challenge of self-regulation in commercial property leasing: a study of lease codes in the UK. International Journal of Law in the Built Environment, 4(01), 23-44.

Ilter, D (2012) Identification of the relations between dispute factors and dispute categories in construction projects. International Journal of Law in the Built Environment, 4(01), 45-59.

Jeroen van der, H (2010) Privatisation of building code enforcement: a comparative study of regimes in Australia and Canada. International Journal of Law in the Built Environment, 2(01), 60–75.

João Branco, P, Frits, M and Henk, V (2010) Building control systems of European Union countries: a comparison of tasks and responsibilities. International Journal of Law in the Built Environment, 2(01), 45–59.

Kelly, A H (2014) Amenity enhancement and biodiversity conservation in Australian suburbia: Moving towards maintaining indigenous plants on private residential land. International Journal of Law in the Built Environment, 6(01), 91-105.

  • Type: Journal Article
  • Keywords: Amenity; Australia; Biodiversity conservation; Local government; New South Wales; Preservation of trees or vegetation; Tree preservation orders
  • ISBN/ISSN: 1756-1450
  • URL: https://doi.org/10.1108/IJLBE-05-2013-0022
  • Abstract:
    Purpose – The purpose of this paper is to critically explore the historical background and current approach of the most common statutory instrument to maintain green landscapes in private residential gardens in cities and townships in suburban New South Wales (NSW), Australia. Design/methodology/approach – The narrative presents a transdisciplinary study. While its emphasis is on law and town planning, it also encompasses local government and legal history while touching upon environmental management and ecological science. This panoply of areas reflects the sheer complexity of the topic. While the presentation is initially descriptive, it moves on to a critique of the NSW Government's recent statutory approach. Findings – The paper demands that further attention must be paid to improving the design and architecture of statutory plans and underlying policies to not only improve urban biodiversity but also retain, as far as practicable, the visual beauty of the suburban landscape. This means reliance on local government to devise their own acceptable approaches. Flexibility rather than rigidity is warranted. Originality/value – The amount of scholarly material on this topic is relatively rare. The majority of information relies on excellent on-ground research and experience on the part of local experts, namely council employees and consultants. Academic and practical material must be drawn together to improve biodiversity conservation at both the local and regional spheres.

King, F (2016) Visual approaches to property law pedagogy. International Journal of Law in the Built Environment, 8(01), 80-94.

Klimas, E (2011) A general duty to co-operate in construction contracts? An international review. International Journal of Law in the Built Environment, 3(01), 83–96.

Lees, E (2016) The polluter pays principle and the remediation of the land. International Journal of Law in the Built Environment, 8(01), 2-20.

Luke, B and Carolyn, G (2010) Perceptions of occupiers' liability risk by estate managers: a case study of memorial safety in English cemeteries. International Journal of Law in the Built Environment, 2(01), 76–93.

Malcolm, R (2011) Integrated product policy: products and their impact on energy. International Journal of Law in the Built Environment, 3(01), 48–64.

Marique, Y (2013) Cooperation and competition in complex construction projects: Implementation of EU procurement rules in England and Belgium. International Journal of Law in the Built Environment, 5(01), 53-70.

Marshall, H (2012) Adjudication enforcement: partial final determinations and insolvency. International Journal of Law in the Built Environment, 4(01), 60-74.

Michael Charles, B and Thomas, U (2010) Follow-up empirical study of the performance of the New South Wales construction industry security of payment legislation. International Journal of Law in the Built Environment, 2(01), 7–25.

Moor, F (2011) Planning for nuisance?: A review of the effects of the Planning Act 2008 on the statutory authority defence in the UK. International Journal of Law in the Built Environment, 3(01), 65–82.

Moreno, H S, Llop, N L and Garcia Teruel, R M (2017) Shared ownership and temporal ownership in Catalan law. International Journal of Law in the Built Environment, 9(01), 63-78.

Morgan, J (2009) Housing and security in England and Wales: casualisation revisited. International Journal of Law in the Built Environment, 1(01), 42-58.

Palmer, R C (2014) Common law environmental protection: the future of private nuisance, Part I. International Journal of Law in the Built Environment, 6(01), 21-42.

Palmer, R C (2014) Common law environmental protection: the future of private nuisance, Part II. International Journal of Law in the Built Environment, 6(01), 106-28.

Parizeau, K and Lepawsky, J (2015) Legal orderings of waste in built spaces. International Journal of Law in the Built Environment, 7(01), 21-38.

Poulsom, M W (2017) S.62 LPA 1925: restating the case for reform. International Journal of Law in the Built Environment, 9(01), 79-91.

Prideaux, S and Roulstone, A (2009) Good practice for providing disabled people with reasonable access to the built environment: A comparative study of legislative provision. International Journal of Law in the Built Environment, 1(01), 59-81.

Ranslem, D (2015) ‘Temporary’ relocation: spaces of contradiction in South African law. International Journal of Law in the Built Environment, 7(01), 55-71.

Rij, E v and Altes, W K K (2014) Integrated air quality and land use planning in The Netherlands. International Journal of Law in the Built Environment, 6(01), 194-210.

Roussac, A C and Bright, S (2012) Improving environmental performance through innovative commercial leasing: An Australian case study. International Journal of Law in the Built Environment, 4(01), 6-22.

Simon, H, Peter, K M and John, P (2010) Anti-social behaviour law and policy in the United Kingdom: assessing the impact of enforcement action in the management of social housing. International Journal of Law in the Built Environment, 2(01), 26–44.

Stickley, A, Christensen, S, Duncan, W D and Buchbach, J (2016) Predictive technology and natural hazards: risk for Australian planning authorities?. International Journal of Law in the Built Environment, 8(01), 42-55.

Strack, M (2017) Land and rivers can own themselves. International Journal of Law in the Built Environment, 9(01), 4-17.

Treacy, D, Spillane, J P and Tansey, P (2016) Construction disputes in small to medium enterprise’s in Ireland during recession: Identification of critical factors. International Journal of Law in the Built Environment, 8(01), 21-41.

Walsh, E (2017) Public versus private land use controls in England and the USA. International Journal of Law in the Built Environment, 9(01), 18-31.

Williams, P (2014) Growing houses and trees: integrating biodiversity conservation and urbanisation: An Australian case study. International Journal of Law in the Built Environment, 6(01), 152-73.

Woods, U (2016) Adverse possession and boundary disputes: lessons for Ireland from abroad. International Journal of Law in the Built Environment, 8(01), 56-79.