Search results

1 – 10 of over 1000
Article
Publication date: 1 January 1993

G.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.

Details

Marketing Intelligence & Planning, vol. 11 no. 1
Type: Research Article
ISSN: 0263-4503

Keywords

Article
Publication date: 8 April 2014

Robert Charles Palmer

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.

Details

International Journal of Law in the Built Environment, vol. 6 no. 1/2
Type: Research Article
ISSN: 1756-1450

Keywords

Open Access
Article
Publication date: 13 April 2015

Philip Hubbard

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…

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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.

Details

International Journal of Law in the Built Environment, vol. 7 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 1 November 2005

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.

2511

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.

Details

Facilities, vol. 23 no. 13/14
Type: Research Article
ISSN: 0263-2772

Keywords

Article
Publication date: 8 April 2014

Robert Charles Palmer

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…

1123

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.

Details

International Journal of Law in the Built Environment, vol. 6 no. 1/2
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 19 April 2011

Francis Moor

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.

Details

International Journal of Law in the Built Environment, vol. 3 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Open Access
Article
Publication date: 29 December 2020

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.

1038

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.

Details

Journal of Health Research, vol. 36 no. 1
Type: Research Article
ISSN: 0857-4421

Keywords

Article
Publication date: 1 November 2003

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…

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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.

Details

Managerial Auditing Journal, vol. 18 no. 8
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 24 July 2018

Yung Yau

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.

Details

Property Management, vol. 36 no. 4
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 12 June 2017

Werner Hans Keller and Xia Zhang

This paper aims to present a discussion to stimulate interest in further research by highlighting aspects of Ontario’s Environmental Bill of Rights and exploring whether parts can…

Abstract

Purpose

This paper aims to present a discussion to stimulate interest in further research by highlighting aspects of Ontario’s Environmental Bill of Rights and exploring whether parts can be transplanted to improve sustainability in China.

Design/methodology/approach

In this paper, the authors trace the evolution of environmental law in China after 1978, identify increased citizen participation as a path to improvement and provide an overview of purposes and means in Ontario’s Environmental Bill of Rights which may be a model to consider.

Findings

Ontario’s Environmental Bill of Rights may have aspects to be added to China’s legal toolbox warranting further research.

Research limitations/implications

While this descriptive review identifies possibilities, further work is required to apply legal concepts from one jurisdiction to another. Context and details of implementation warrant further attention.

Originality/value

This paper provides a platform from which further more detailed research may advance sustainability in China by considering a legal framework used by others to integrate the development of society, economy and environment.

Details

European Business Review, vol. 29 no. 4
Type: Research Article
ISSN: 0955-534X

Keywords

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