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Article
Publication date: 12 April 2013

Barbara Bogusz

The purpose of this paper is to examine how public law regulates the relationship between private landowners and users of town and village greens. It explores the scope of the…

Abstract

Purpose

The purpose of this paper is to examine how public law regulates the relationship between private landowners and users of town and village greens. It explores the scope of the public law which permits the exercise of customary rights of recreation over private property, and considers the limits that exist within the current regulatory framework. In particular the paper explores how subsidiary considerations such as protection of the environment have become increasingly relevant to the disputes involving town and village greens.

Design/methodology/approach

The analysis is based on a critical appraisal of recent judgments, academic literature and policy papers which address the regulation of town and village greens.

Findings

The paper determines that the current regulatory framework fails to sufficiently protect landowners against opportunistic claims for registration of a town and village green. Specifically the paper identifies that gaps exist both in the substance of the statute and the judicial application of these provisions, and that the Human Rights Act 1998 offers insufficient protection for landowners.

Originality/value

The paper examines recent case law where there is evident judicial conflict on the scope and application of the legislative provisions. The paper considers this judicial debate within the context of the DEFRA consultation document 2011 and the Growth and Insfrastructure Bill 2012.

Details

International Journal of Law in the Built Environment, vol. 5 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 9 November 2023

Tom Spencer

This paper aims to use doctrinal legal investigative methods combined with economic analysis to investigate the efficacy of the Law.

Abstract

Purpose

This paper aims to use doctrinal legal investigative methods combined with economic analysis to investigate the efficacy of the Law.

Design/methodology/approach

The purpose of this paper is to explain the inherent absurdity in the modern law of town and village greens (TVGs). The author wishes to show that the public understanding of what constitutes a green worth protecting is incomparable with how the Law currently operates, instead providing a crude vehicle to prevent development.

Findings

Applying an efficiency maximisation framework to the law of TVGs the Law fails to protect land worth protecting, as well as prevents allocatively efficient bargaining from taking place.

Research limitations/implications

This research has not presented empirical evidence to suggest the extent of the damage identified. This is a separate question to the marginal impacts of the damage.

Originality/value

A Law and Economics analysis of TVG Law in England and Wales has not been attempted before.

Details

Journal of Property, Planning and Environmental Law, vol. 15 no. 3
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 13 July 2015

Natalie Pratt

This paper aims to examine the recent jurisprudence of the Supreme Court concerning the registration of land as a town or village green (TVG). This area of law has proved…

Abstract

Purpose

This paper aims to examine the recent jurisprudence of the Supreme Court concerning the registration of land as a town or village green (TVG). This area of law has proved contentious over the past decade and shows no sign of relenting. Most recently, in April 2014, the Supreme Court was asked to determine whether use that is pursuant to a statutory right could be qualifying use for the purposes of village green registration, which requires 20 years use “as of right”.

Design/methodology/approach

The paper starts by summarising the law relating to the registration of land as a TVG and identifies the current problem that the courts are grappling with, namely the “by right” defence. After analysing the two leading authorities in relation to this point, the paper makes a judgment on the operation and conceptual underpinning of the “by right” defence.

Findings

The paper concludes that the “by right” defence in the context of village green registration is a functioning concept that prevents the registration of land as a town and village green whenever the use relied upon is indulged in pursuant to a statutory right. Furthermore, the defence should also be construed with the pre-existing test for use “as of right” rather than being recognised as an additional limb to this test.

Originality/value

The value of this paper is that it seeks to clarify an area of planning and property law that is fraught with conceptual uncertainty, and seeks to re-align the law of town and village greens with its prescriptive underpinnings.

Details

International Journal of Law in the Built Environment, vol. 7 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Content available
Article
Publication date: 12 April 2013

Michael C. Brand

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Abstract

Details

International Journal of Law in the Built Environment, vol. 5 no. 1
Type: Research Article
ISSN: 1756-1450

Article
Publication date: 18 March 2022

Xiaoming Wang, Nanjun He and Xiaokang Li

Anti-epidemic Emergency Projects (AEEPs) have unique characteristics such as a short construction period, high-quality requirements, complex construction environment, many…

Abstract

Purpose

Anti-epidemic Emergency Projects (AEEPs) have unique characteristics such as a short construction period, high-quality requirements, complex construction environment, many construction participants and many uncertain affecting factors. The purpose of this paper was to propose the establishment method for the Construction Community (CC) of AEEPs (CC-AEEPs) by analyzing the management features of AEEPs, to establish the method of the Social Network Analysis (SNA) for CC-AEEPs, and to apply this method and the framework to Wuhan Huoshenshan Hospital for their verification.

Design/methodology/approach

According to the CC theory, this paper explored the member composition and the establishment method for CC-AEEPs. The optimal management factors of CC-AEEPs were proposed by combining the management features of AEEPs and the SNA method for CC-AEEPs was further established. Finally, the applicability of the method was verified through a case study, and some countermeasures for the CC-AEEP social networks were proposed.

Findings

The establishment of CC-AEEPs is an important guarantee to complete AEEPs with top speed and high quality. Ten types of CC-AEEP members all played different but irreplaceable roles in cooperative construction, among which the Government, the Contractor, and the Supervisor had outstanding performances. The SNA method could effectively analyze the complexity and cooperative relationship among the members in four aspects. The case study of Huoshenshan Hospital validated the important role of CC-AEEP and its social network in the AEEP research providing beneficial enlightenment for the cooperative optimization path of the AEEP construction participants.

Originality/value

The new establishment method for CC-AEEPs was proposed from the perspective of “cooperation among human, society, and engineering” according to the theories of the engineering sociology and the CC. In this paper, the SNA method was applied to the research on the AEEP construction for the first time and the SNA method for CC-AEEPs was purposed. The optimal management factors of CC-AEEPs and the expansion path of the CC-AEEP social networks were proposed according to the whole-process tracking of AEEPs in Wuhan.

Details

Engineering, Construction and Architectural Management, vol. 30 no. 8
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 1 January 1975

In these days of jargon and slang, to the purist it must seem that little is described by its real name, that is, during conversation. Most people refer to the city as “the smoke”…

Abstract

In these days of jargon and slang, to the purist it must seem that little is described by its real name, that is, during conversation. Most people refer to the city as “the smoke” and the city‐dweller's pseudonym for the country is “out in the sticks”, which, of course, could mean that “the sticks” are kindling to a fire that has not been lit, with the city “smoke” as the end‐product of the fire that is burning up those who rush hither and thither in its bedlamite streets and ugly office blocks. The cottage, the church and inn no longer completely fill the lives of the villagers; they now have piped water supplies, electricity and telephones; deep freezers, colour television and cars; they have moved closer to the city standards of comfort and convenience without losing any of the enduring qualities which make them different. And the countryman is very different to the town‐dweller—in outlook, habit and countenance. Even the villager who works in the town and city, and nowadays there are many of them, would not change his home in the country for a flat or terrace house in a mean street, despite the long journeying to and fro. At one time, it had to be a special type of girl who chose a home in these rural settings, with few or perhaps no neighbours and no corner‐shop, but now more and more are realizing that life in a village is easier on the whole family.

Details

British Food Journal, vol. 77 no. 1
Type: Research Article
ISSN: 0007-070X

Article
Publication date: 1 November 2006

Claire H. Griffiths

The purpose of this monograph is to present the first English translation of a unique French colonial report on women living under colonial rule in West Africa.

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Abstract

Purpose

The purpose of this monograph is to present the first English translation of a unique French colonial report on women living under colonial rule in West Africa.

Design/methodology/approach

The issue begins with a discussion of the contribution this report makes to the history of social development policy in Africa, and how it serves the on‐going critique of colonisation. This is followed by the English translation of the original report held in the National Archives of Senegal. The translation is accompanied by explanatory notes, translator’s comments, a glossary of African and technical terms, and a bibliography.

Findings

The discussion highlights contemporary social development policies and practices which featured in identical or similar forms in French colonial social policy.

Practical implications

As the report demonstrates, access to basic education and improving maternal/infant health care have dominated the social development agenda for women in sub‐Saharan Africa for over a century, and will continue to do so in the foreseeable future in the Millennium Development Goals which define the international community’s agenda for social development to 2015. The parallels between colonial and post‐colonial social policies in Africa raise questions about the philosophical and cultural foundations of contemporary social development policy in Africa and the direction policy is following in the 21st century.

Originality/value

Though the discussion adopts a consciously postcolonial perspective, the report that follows presents a consciously colonial view of the “Other”. Given the parallels identified here between contemporary and colonial policy‐making, this can only add to the value of the document in exploring the values that underpin contemporary social development practice.

Details

International Journal of Sociology and Social Policy, vol. 26 no. 11/12
Type: Research Article
ISSN: 0144-333X

Keywords

Article
Publication date: 27 May 2020

Chris Hattingh and Juan-Pierré Bruwer

The purpose of this paper is to ascertain the factors that led to Cape Town’s gay village to transform from a “gaytrified” tourism mecca to a “heterosexualised” urban space, from…

Abstract

Purpose

The purpose of this paper is to ascertain the factors that led to Cape Town’s gay village to transform from a “gaytrified” tourism mecca to a “heterosexualised” urban space, from a gay leisure space owner perspective.

Design/methodology/approach

Empirical observations of the six remaining gay leisure space owners in De Waterkant (population) are taken into account by using semi-structured interviews. All narratives are analysed in Altas.ti – qualitative data analysis software – to identify applicable factors, which participants believe are contributing to the “de-gaying” of Cape Town’s gay village.

Findings

From the conducted analyses, it becomes apparent that Western theorisation of the “de-gaying” of gay villages is not universally applicable as certain factors contributing to De Waterkant’s demise appear to be location-specific, suggesting that Western theory is insufficient to explain gay spatial realities in non-Western contexts such as South Africa. The identified factors responsible for the “de-gaying” of De Waterkant adversely affect Cape Town’s status as a gay capital and its ability to market this gay neighbourhood to attract the gay tourism market. This may result in lost socio-economic opportunities considering the financial contribution of gay travellers to the local tourist economy.

Originality/value

This study is the first of its kind to use first-hand narratives of the six remaining gay business owners in De Waterkant and marks the first attempt to investigate the factors, from a non-Western perspective, which led to the “de-gaying” of Africa’s only gay village. Taking into account the socio-economic value added by gay tourism, the findings provide the first non-Western perspective on the demise of Africa’s and South Africa’s only gay neighbourhood from a gay leisure space owner perspective, including the possible repercussions on Cape Town’s local tourist economy. Some tactical considerations and recommendations are suggested to ensure the continuation of gay tourism in the city.

Details

International Journal of Tourism Cities, vol. 6 no. 4
Type: Research Article
ISSN: 2056-5607

Keywords

Abstract

Details

International Journal of Sociology and Social Policy, vol. 12 no. 4/5/6/7
Type: Research Article
ISSN: 0144-333X

Article
Publication date: 13 May 2014

Vilma Karvelyte-Balbieriene and Indre Grazuleviciute-Vileniske

The purpose of this paper is to analyze the historical, cultural, and social significance and the role in landscapes of Lithuanian villages with churches and to formulate the…

Abstract

Purpose

The purpose of this paper is to analyze the historical, cultural, and social significance and the role in landscapes of Lithuanian villages with churches and to formulate the hypothetical framework for their revitalization and consequent sustainable development of country's rural landscape.

Design/methodology/approach

The methodology of the research encompassed the desktop study (analysis of literature, archival data, maps, and statistical data) and the analyses on site (observation, measurements, and recording in photographs of buildings and urban structures).

Findings

The findings of the research include the analysis of the historical development of country's rural settlements with the religious function, formulation of the notion of the contemporary village with church, identification of the contemporary network of country's villages with churches and analysis of their current socioeconomic and sociocultural situation and the role in rural landscape. The results of the analyses were used formulating the hypothetical framework for the revitalization of the villages with churches and the sustainable development of the rural landscape.

Originality/value

The analysis of literature demonstrated that Lithuanian villages with churches and their significance for the sustainable development of country's rural landscape are paradoxically neglected subjects. Meanwhile, the foreign experience has demonstrated that historic rural settlements, including the settlements with the religious function, are important not only as separate cultural assets but also can play an important role in the identity, viability, and the sustainable development of rural landscapes. Thus the findings of the research demonstrating the peculiarities and potential of Lithuanian villages with churches can be used in the fields of heritage preservation, landscape management, and rural development.

Details

Journal of Cultural Heritage Management and Sustainable Development, vol. 4 no. 1
Type: Research Article
ISSN: 2044-1266

Keywords

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