ABSTRACT
Privatization of open space through 'club forms of service delivery' has occurred in Australia as a result of a shift in residential development from freestanding houses in largely unregulated subdivisions, to medium-and high-density developments and master-planned estates. This chapter discusses the law in relation to high-density and master-planned estates in Australia. By examining the law, it identifies some of the unintended and unanticipated social consequences of high-density and master-planned development. The chapter explores the predicted versus actual presence of children in high-density and master-planned estates, and the consequent provision or lack of provision of space for children's outdoor activities. It also presents two specific case studies on the effect that legal form, in particular privately written by-laws, can have on children's activities in shared spaces. The chapter then discusses the necessity for planners, governments and courts to be more mindful of the profound social effects on children who reside with their families in privatized development.
