Temporary nature as a proposal for reconciling urban development and nature conservation

Abstract

Historically focused on preserving certain environments of high ecological interest, the law must also promote legal means of restoring and conserving nature outside protected areas, such as urban environments. These environments may be subject to socio-economic dynamics that are not always compatible with the establishment of sustainable nature, linked to stable long-term ecological conditions. Nevertheless, they are likely to temporarily host habitats linked to the early stages of plant succession and pioneer species or species dependent on recurring disturbances. Temporary nature is a concept developed in the Netherlands (Tijdelijke natuur) that provides a legal framework for the temporary provision of space for nature conservation purposes before authorizing urban development. Thus, in the spirit of a reconciliation ecology, temporary nature aims to offer a land management solution that reconciles development and nature conservation in urban environments. Based on existing legal literature and practice, this article aims to provide an up-to-date overview of the admissibility, under European law, of temporary nature, identifying its opportunities and limitations as one of the tools of nature conservation law in urban environments.