Enabling Managed Retreat from Coastal Hazard Areas through Property Acquisition and Transferable Development Rights: Insights from Western Australia

ABSTRACT

This article presents an examination of (1) key factors that are likely to influence the establishment and implementation of property acquisition and transferable development rights (TDR) programmes, for the purposes of enabling managed retreat from coastal hazard areas; and (2), local government attitudes to and perceptions of the potential extent to which these factors are likely to influence the successful implementation of such programmes. This research identifies various challenges that will need to be overcome if these programmes are to be successfully implemented by local government to enable managed retreat and potential solutions for resolving these challenges.

文摘

这篇文章审查了(1)可能影响财产取得和可转让发展权利(TDR)方案的制定和执行的关键因素，以便能够有管理地撤出沿海危险地区; 和 (2)地方政府对这些因素可能在多大程度上影响这些方案的成功执行的态度和看法. 这项研究发现，如果地方政府要成功地实施这些计划，使有管理的撤退和解决这些挑战的潜在方案得以实施，就需要克服各种各样的挑战.

KEYWORDS:

• Managed retreat
• sea level rise
• property acquisition
• transferable development rights

Disclosure Statement

No potential conflict of interest was reported by the author(s).

Notes

1. See also Break O’Day Council v. The Crown and DJ Vautin [2008] TASRMPAT 35.

2. The term “acquisition” is used interchangeably in the existing literature with “buyout”. In this article, we use “acquisition” because of its more common use. The term “buyout” is potentially more appropriate for distinguishing a specific subset of acquisition where governments purchase private lands, demolish existing structures and maintain the land in an undeveloped state for public use (Siders 2013, p. 109).

3. For example, in Western Australia, proponents of greenfield subdivision sites adjacent to the coast must cede a foreshore reserve to the State, which provides an opportunity for the State to establish public foreshore reserves at no cost to the public and ensure the appropriate siting of new development over a 100 year planning timeframe. See s 152 of the Planning and Development Act 2005 (WA) and State Planning Policy No. 2.6 State Coastal Planning Policy.

4. See also, Part 12 Planning and Development Act 2005 (WA).