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1 – 10 of over 1000G.M. Bohlen, A. Diamantopoulos and B.B. Schlegelmilch
Aims to redress a research gap on green issues through its focus onconsumer perceptions of environmental nuisances arising in a servicesetting (freight transport). Presents the…
Abstract
Aims to redress a research gap on green issues through its focus on consumer perceptions of environmental nuisances arising in a service setting (freight transport). Presents the results of the preliminary stage of a large‐scale study, which consisted of semi‐structured personal interviews with members of the general public. Following a descriptive comparison of nuisances arising from road and rail freight transport, tests a number of hypotheses generated from the limited available research on socio‐demographic and situational factors which are likely to impinge on individuals′ perceptions of environmental nuisances.
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This article continues to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates the…
Abstract
Purpose
This article continues to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates the decision in Cambridge Water and asks the question whether it would stand as good law before the Supreme Court. It concludes with illustrating the enduring role of the injunction in environmental protection and its capacity to coerce restorative environmental justice. The paper aims to discuss these issues.
Design/methodology/approach
The paper is predominately a classic doctrinal article as it is principally library-based analysing both primary sources (that both pre- and post-date the modern law reporting system) and secondary sources whilst engaging in leading academic commentary.
Findings
Nuisance developed to a point in the nineteenth-century where a simple form of the tort was visible. At that juncture, it had an “unchanged” essence that emanated from a strict liability reciprocal identity. Recent judicial activity has visibly adulterated that identity: this article casts doubts on juridical restrictions that assess the conduct of defendants to assess liability. It is suggested that it may not withstand the scrutiny of the Supreme Court if, and when, they are tested. In light of that analysis and considering the potency of injunctions, it is argued that nuisance law potentially has a positive future in environmental protection.
Research limitations/implications
Owing to the elected research approach, the scope of the article has been necessarily concentrated on succinct areas of a broader subject and viewed in a manner that works alongside the regulatory regime.
Originality/value
This paper recognises that nuisance law has a positive future in environmental protection especially if the courts are willing to embrace the historical paradigm which has served the common law in this field broadly well for hundreds of years.
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This paper aims to explore how municipal law, in its various guises, serves to police the boundaries of acceptable sexual conduct by considering how Sexual Entertainment Venues…
Abstract
Purpose
This paper aims to explore how municipal law, in its various guises, serves to police the boundaries of acceptable sexual conduct by considering how Sexual Entertainment Venues (SEVs) in British cities are controlled through diverse techniques of licensing and planning control.
Design/methodology/approach
The paper describes the emergence of permissive new licensing controls that provide local authorities considerable control over SEVs. Licensing decisions, judicial review cases and planning inspectorate adjudications since the inception of the new powers are examined to explore the logic of judgements preventing SEVs operating in specific localities.
Findings
Through analysis of case studies, it is shown that local authorities have almost total discretion to prevent SEVs operating in specific localities, particularly those undergoing, or anticipated to be undergoing, redevelopment and regeneration.
Originality/value
This paper offers unique insights on the “scope” of municipal law by highlighting how land uses associated with “sexual minority” interests are regulated in the interests of urban regeneration, redevelopment and restructuring.
Joe T.Y. Wong and Eddie C.M. Hui
The objective is to address the major issues and suggest solutions to solve the water seepage and health related problems in residential buildings.
Abstract
Purpose
The objective is to address the major issues and suggest solutions to solve the water seepage and health related problems in residential buildings.
Design/methodology/approach
The methodology relies on a literature review on water damage in residential buildings with references to the vertical spread of SARS in a housing estate in Hong Kong. Working procedures for handling seepage complaints by Hong Kong government departments and their performance are examined.
Findings
The study found that individual departments have difficulties in identifying: the cause and source of seepage, and resolutions to the problem given the limited powers and legal constraints that exist. A holistic approach by individual departments is needed to address the issue. The proposed formation of Owners' Corporations, third party insurance and repair and maintenance sinking fund for old buildings would help solve the building defect and health related problems.
Practical implications
The suggestions in the study would help reduce and partly prevent the environmental nuisance and, more importantly, health risk. Residents are better prepared in the future for a possible return of SARS or other infectious disease.
Originality/value
Research on water damage is very scarce in Hong Kong. And perhaps this is the first of its kind. The study identifies the broader issue of maintaining and managing a high‐rise residential building. The building management and health related problems identified in the study should be noted in any policy addressing housing and health issues.
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This article aims to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates specific…
Abstract
Purpose
This article aims to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates specific areas of the tort that are theoretically unresolved in order to ascertain the potential future role it may play before highlighting the capacity for injunctions to coerce restorative environmental justice.
Design/methodology/approach
The paper is predominately a classic doctrinal article as it is principally library-based analysing both primary sources (that both pre- and post-date the modern law reporting system) and secondary sources whilst engaging in leading academic commentary.
Findings
Nuisance developed to a point in the nineteenth century where a “theory of nuisance” emerged, which did not tolerate injury to health or the property of another. Recent judicial activity has visibly adulterated that theory: this article casts doubts on juridical restrictions regarding health and property suggesting they may not withstand the scrutiny of the Supreme Court if, and when, they are tested.
Originality/value
This paper recognises that nuisance law has a positive future in environmental protection provided that the courts are willing to embrace the historical paradigm which has served the common law in this field broadly well for hundreds of years.
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The purpose of this paper is to explore and examine the impact of s.158 of the Planning Act 2008 in the UK, which awards the defence of statutory authority to developers of major…
Abstract
Purpose
The purpose of this paper is to explore and examine the impact of s.158 of the Planning Act 2008 in the UK, which awards the defence of statutory authority to developers of major infrastructure projects in private nuisance actions. The paper will assess the extent to which this provision could broaden the scope of the existing defence and consider the practical implications of the new measures.
Design/methodology/approach
The paper analyses existing case law, and the historic evolution of the UK doctrine of statutory authority, in order to assess the potential judicial approach to the defence in infrastructure planning decisions.
Findings
Although s.158 of the Planning Act 2008 appears to further broaden the opportunity for the statutory immunity defence to be used, certain historical restrictions will affect its application. In awarding the defence, the judiciary have taken into account a variety of considerations such as the specificity of the location, the inevitability of the nuisance, the effect on statutory provisions, and the bearing that negligence has on the defence. These exceptions prove that there is no such thing as “blanket immunity”, and developers may still be held responsible for their un‐neighbourly conduct.
Practical implications
The scope of the protection conferred on developers of major infrastructure projects can appear confusing and could potentially create the assumption that statutory authority will act as a total defence to any actions. Developers, and their advisers, will need to be aware of the aforementioned exceptions before seeking to rely on the statutory authority defence.
Originality/value
This paper proposes that the doctrine of statutory authority has gained a newly significant status and uses recent legislation and a comprehensive overview of the existing case law to demonstrate these findings.
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Ibrahim Yahaya Wuni and Khwaja Mateen Mazher
Modular integrated construction (MiC) is a modern construction method innovating and reinventing the traditional site-based construction method. As it integrates advanced…
Abstract
Purpose
Modular integrated construction (MiC) is a modern construction method innovating and reinventing the traditional site-based construction method. As it integrates advanced manufacturing principles and requires offsite production of volumetric building components, several factors and conditions must converge to make the MiC method suitable and efficient for building projects in each context. This paper aims to present a knowledge-based decision support system (KB-DSS) for assessing a project’s suitability for the MiC method.
Design/methodology/approach
The KB-DSS uses 21 significant suitability decision-making factors identified through literature review, consultation of experts and questionnaire surveys. It has a knowledge base, a DSS and a user interface. The knowledge base comprises IF-THEN production rules to compute the MiC suitability score with the efficient use of the powerful reasoning and explanation capabilities of DSS.
Findings
The tool receives the inputs of a decision-maker, computes the MiC suitability score for a given project and generates recommendations based on the score. Three real-world projects in Hong Kong are used to demonstrate the applicability of the tool for solving the MiC suitability assessment problem.
Originality/value
This study established the complex and competing significant conditions and factors determining the suitability of the MiC method for construction projects. It developed a unique tool combining the capabilities of expert systems and decision support system to address the complex problem of assessing the suitability of the MiC method for construction projects in a high-density metropolis.
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Taiyatach Hirunrueng, Withida Patthanaissarnukool and Tanasri Sihabut
This study aimed to determine the initial odor concentration which commonly urges Thais to make complaints and to propose an off-site limit for odorous emissions.
Abstract
Purpose
This study aimed to determine the initial odor concentration which commonly urges Thais to make complaints and to propose an off-site limit for odorous emissions.
Design/methodology/approach
Odor concentrations measured by Nasal Rangers® and face-to-face survey interviews were simultaneously conducted with 122 residents located near 101 manufacturing centers in 20 provinces of Thailand. Along with the measured values and odor strength verbally rated by trained assessors, the number of complaint intentions, annoyance levels and health symptoms of residents were reported.
Findings
The odor concentrations in the inspected houses were <2, 2, 4, 7, 15, 30 and 60 D/T. The trained assessors stated that at the concentration of 4D/T, most odors were likely to be objectionable and unbearable when odor concentrations were higher. Correspondingly, about 80% of residents exposed to odors at this level felt some annoyance and reported health symptoms and therefore intended to register a complaint. At lower concentrations, the annoyance level as well as the decision to complain likely depended on other factors such as hedonic tone and exposure frequency.
Practical implications
The proposed off-site reference value for odor complaint assessment was 4D/T. However, in the case of lower concentrations, additional relevant factors were crucially required to investigate the complaint.
Originality/value
This finding will help local authorities diminish subjective discretion on whether or not an odor constitutes a nuisance.
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Michael Watson and Anthony R.T. Emery
Environmental law has developed rapidly in the twentieth century, but Britain lacks an environmental code. Cost of compliance is likely to rise rapidly as the number of statuary…
Abstract
Environmental law has developed rapidly in the twentieth century, but Britain lacks an environmental code. Cost of compliance is likely to rise rapidly as the number of statuary offences increases. Environmental legislation gives regulators the power to rectify damage caused by polluters. As a result companies need to develop effective responses. Environmental auditing (EA) is a sub‐set of corporate responsibility reporting of which there are a number of theoretical perspectives. However, ISO 14000 has recently emerged, which will determine organizations’ approaches to environmental reporting. EA imposes costs on organizations and many have found difficulty in implementing such systems. Some organizations see environmentalism as an opportunity to pursue a managerial agenda. If this is the case then EA may degenerate into a marketing tool.
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The purpose of this paper is to examine links between environmental design of high-rise housing communities and residents’ perceptions about antisocial behaviour (ASB).
Abstract
Purpose
The purpose of this paper is to examine links between environmental design of high-rise housing communities and residents’ perceptions about antisocial behaviour (ASB).
Design/methodology/approach
A conceptual framework was proposed to investigate correlations between architectural design parameters and perceived severity of ASB activity. A questionnaire was administered to test the relationships. Residents of 14 public rental housing estates in Hong Kong participated, and 422 complete responses were analysed.
Findings
Strong correlation was discovered between elements of residential design and residents’ perceptions of ASB severity. Block layout, building height and number of flats per floor affected residents’ feelings about ASB threat. Access to outside air in communal corridors also significantly reduced residents’ complaints about ASB.
Practical implications
This study offers insights into how architectural design of high-rise residences might reduce residents’ perception of ASB severity. Findings impact current ASB research, but also architects’ and developers’ designs. Better planned built environments will enhance residents’ security and satisfaction, reinforcing communities.
Originality/value
Previous studies have ignored whether architectural design of high-rises could directly influence residents’ perception of ASB severity. This study is the first to focus on the relationship.
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