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This paper explores how transfer development rights (TDR) operate in international jurisdictions and what lessons Australia can learn from such programs. TDRs are described as legal or market based instruments that allow for increased development in places where a community wants more growth in return for reduced development in places where it wants less. The benefit of TDRs to Australia lies in its utility as an instrument to protect environmental land with strong bio-links and Australia’s rich cultural heritage. Despite there being no right to development in Australia, some limited examples of TDRs have been attempted to date. In addition, little critical discussion has been presented on TDRs in Australia and it is timely to discuss how they can be used in relation to sustainability and climate change matters as well as protection of European and Aboriginal heritage sites. This paper explores international and national planning TDR case studies in relation to planning law and communicative planning literature. The paper discusses exploratory research and seeks to generate international comparative discussions in this area, as well as how TDRs can be better utilised and implemented in Australia.

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Conference Paper

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