Securing Urban Amenity: Does it Coincide with Biodiversity Conservation at the Local Government Level?

Abstract

Amenity is a traditional concept at the local level. Whilst an elusive notion, it is a key issue for local government in carrying out positive functions and development regulation. In exploring the meaning of amenity, this article explores the history of local government law and practice in New South Wales, which demonstrates the extent to which amenity is embedded in municipal culture. It serves property owners and, therefore, the ‘ratepayer ideology’. More recently, the notion of biodiversity conservation entered the local government stage: a very different principle altogether. It goes far beyond parochial concerns. On some occasions, the two notions may coincide happily, but elsewhere this is unlikely due to preference towards exotic and non-local vegetation species. Nevertheless, there is a variety of legal and management tools where local government can clarify its objectives and implementation criteria. This is where biodiversity conservation may be placed at the forefront. This is not necessarily an easy task, and requires well-crafted plans and other mechanims based on sufficient resources, expertise and political support, to be implemented on the ground via council and community partnerships.