Search results

1 – 10 of 21
Content available
Article
Publication date: 4 December 2018

Julie Adshead, Emma Lees and Francis King

Downloads
173

Abstract

Details

Journal of Property, Planning and Environmental Law, vol. 10 no. 2
Type: Research Article
ISSN: 1756-1450

Content available
Article
Publication date: 21 December 2018

Julie Adshead

Downloads
212

Abstract

Details

Journal of Property, Planning and Environmental Law, vol. 10 no. 3
Type: Research Article
ISSN: 1756-1450

Content available
Article
Publication date: 9 April 2018

Julie Adshead, Emma Lees and Francis Sheridan King

Downloads
257

Abstract

Details

Journal of Property, Planning and Environmental Law, vol. 10 no. 1
Type: Research Article
ISSN: 2514-9407

Content available
Article
Publication date: 8 April 2014

Julie Adshead

Downloads
109

Abstract

Details

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

To view the access options for this content please click here
Article
Publication date: 8 April 2014

Julie Adshead

The aim of the research is to examine the legal ideologies of planning law proposed by Patrick McAuslan in 1980 and their operation in one key aspect of modern-day…

Downloads
1031

Abstract

Purpose

The aim of the research is to examine the legal ideologies of planning law proposed by Patrick McAuslan in 1980 and their operation in one key aspect of modern-day planning law in England and Wales in order to assess the balance between these ideologies today.

Design/methodology/approach

In order to achieve this, the philosophical and theoretical foundations of the respective legal ideologies are revisited. The approach that follows is a mixed doctrinal and socio-legal one. The content of the law in certain key areas is established and then analysed against the framework of McAuslan's ideologies in order to establish the social context balance of the law.

Findings

The paper concludes that, despite much change in law and policy, the balance between the three competing ideologies in the area of development control in the planning regime of England and Wales remains similar to that in 1980.

Research limitations/implications

For publication as a research paper, the scope of the examination was necessarily restricted. Certain areas scrutinised by McAuslan are of less relevance today, but, nonetheless, there is clearly scope to revisit some of the other aspects of planning law considered in 1980 and, indeed, to expand the scope of analysis to other areas of environmental law.

Originality/value

The paper takes a framework of legal ideologies that was proposed over 30 years ago and applies it to elements of the modern-day planning regime. The paper will be of value to both legal academics and those in the town planning discipline.

Details

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

Keywords

To view the access options for this content please click here
Article
Publication date: 2 October 2009

Julie Adshead

The purpose of this paper is to examine the European Union (EU) Water Framework Directive. It seeks first to determine whether its provisions align with modern thinking on…

Downloads
391

Abstract

Purpose

The purpose of this paper is to examine the European Union (EU) Water Framework Directive. It seeks first to determine whether its provisions align with modern thinking on integrated river basin management and second to assess the degree to which it has the potential to achieve legislative and inter‐agency integration throughout the Union.

Design/methodology/approach

This is a desktop study. The paper draws upon theories and definitions of integrated river basin management and internal integration in existing literature and then proceeds to examine the provisions of the Water Framework Directive in the light of the models identified.

Findings

The framework for river basin management in the Water Framework Directive does not fully match the modern approach to integrated river basin management. The directive is limited by its primary focus upon the single medium of water, and its consequent failure to fully address wider land use planning issues. It, therefore, also fails to achieve integration between all relevant legislative instruments. It provides a framework for stakeholder involvement that could potentially serve the goal of inter‐agency integration. However, due to the high level of discretion in the hands of member states, there is likely to be a substantial divergence of practice across the EU.

Originality/value

In assessing the Water Framework Directive against modern notions of river basin management and the directive's stated integrative aspirations, the paper informs implementation and practice in member states.

Details

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

Keywords

To view the access options for this content please click here
Article
Publication date: 8 April 2014

Valerie Fogleman

The purpose of this article is to examine the regime to remediate contaminated land in the UK set out in Part 2A of the Environmental Protection Act 1990 and to analyse…

Abstract

Purpose

The purpose of this article is to examine the regime to remediate contaminated land in the UK set out in Part 2A of the Environmental Protection Act 1990 and to analyse the UK Government's intent and objectives in introducing the regime. The legislative provisions and the statutory guidance that accompanies that legislation are then analysed to determine whether those objectives could have been met.

Design/methodology/approach

A research approach was taken to trace the legislative history of Part 2A and to analyse the statutory provisions and the statutory guidance. The approach included researching Parliamentary debates on the statute, consultations on the statutory guidance, other information published by the UK Government, commentaries on the regime, and contaminated land regimes in other jurisdictions.

Findings

The paper found that the introduction of a contaminated land regime that delegates primary implementation and enforcement authority to local authorities, and that severely limits their discretion in doing so, has resulted in a regime that has proven to be unworkable in practice and that has failed to meet its objectives.

Originality/value

The article is the first paper to examine the legislative intent and objectives behind Part 2A and to analyse their effect on the provisions in the statute and the statutory guidance and their implementation and enforcement.

Details

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

Keywords

To view the access options for this content please click here
Article
Publication date: 8 April 2014

Gitanjali Nain Gill

The purpose of this paper is to provide a case study of a global challenge: the relationship between commercial development and the protection of eco-fragile systems…

Abstract

Purpose

The purpose of this paper is to provide a case study of a global challenge: the relationship between commercial development and the protection of eco-fragile systems particularly where river water is involved. It reviews and critiques the legal and political processes that underpinned the Commonwealth Games (CWG) 2010 in Delhi and the building of the accommodation Village on the floodplain of the river Yamuna.

Design/methodology/approach

The paper covers the controversial modern history of the Yamuna river that runs through Delhi. The river is “dead” and has been subject to litigation concerning its usage and that of its flood plain. In particular, the controversy peaked prior to the CWG 2010 in Delhi and the required buildings associated with the games. The paper traces the history of the legal actions and the inter-related involvement of the various actors being the politicians, construction developers, the river bank dwellers and the local environmentalists. Close analysis is made of the statutory administrative procedures required for environmental clearance, the subsequent case law both in the High Court of Delhi and the Supreme Court of India. Additionally, usage is made of the media and its concerns over corrupt and negligent practices.

Findings

The Indian judiciary in their willingness to promote the construction of the Village failed to apply its own environmental jurisprudence. There was a failure to “lift the veil” and review flawed administrative practices that violated governing statutes. National pride, time pressures, political support, economic interests and rapid urbanisation created a pressure that the courts could not challenge. It was left to investigative committees, after the Games had concluded, to expose these wrongdoings.

Originality/value

The paper highlights the issue of the relationship of the courts and political and economic interests and how legally protected ecological interests are ignored.

Details

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

Keywords

To view the access options for this content please click here
Article
Publication date: 8 April 2014

Peter Williams

The purpose of this paper is to examine the framework, operation and prospects of two innovative planning tools – biobanking and biodiversity certification – to protect…

Downloads
1003

Abstract

Purpose

The purpose of this paper is to examine the framework, operation and prospects of two innovative planning tools – biobanking and biodiversity certification – to protect biodiversity in the context of urbanisation.

Design/methodology/approach

Using the Australian State of New South Wales, and its capital Sydney, as a focus, the paper reviews the history and performance of the two planning tools selected for examination.

Findings

Through its analysis, this paper supports the use of biobanking and biodiversity certification as tools at the disposal of planners which should be employed to augment the array of tools to manage the impacts on biodiversity of urban development. Indeed, these tools have the potential to increase the level of conserved biodiversity if used appropriately.

Originality/value

Biobanking and biodiversity certification are, respectively, examples of market-based and strategic-based statutory planning mechanisms that can be used to protect biodiversity in an urban development context. Creative adaption of environmental planning laws is required to ensure effective implementation of these innovative planning tools. The relevant contemporary statutory enactments that have given effect to these mechanisms are examined in this paper.

Details

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

Keywords

To view the access options for this content please click here
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…

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

1 – 10 of 21