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Article
Publication date: 1 April 1993

Richard Catt

Outlines the laws which protect historic buildings and describeslegal responsibilities that may arise from tree ownership. Examines bothhow ancient buildings and trees are…

Abstract

Outlines the laws which protect historic buildings and describes legal responsibilities that may arise from tree ownership. Examines both how ancient buildings and trees are protected, citing legislation and Preservation Orders. Explores the value of trees, and provides an extensive appendix of information from the Arboricultural Association in the form of a formula for assessing the amenity value of trees in monetary terms. Details the harm that trees can cause, and the legal responsibilities for damage caused by overhanging branches, trees adjacent to the highway, outgrowing roots, trees in parks and gardens and by poisonous trees.

Details

Structural Survey, vol. 11 no. 4
Type: Research Article
ISSN: 0263-080X

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Article
Publication date: 3 April 2009

Abstract

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Structural Survey, vol. 27 no. 1
Type: Research Article
ISSN: 0263-080X

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Article
Publication date: 8 April 2014

Andrew H. Kelly

The purpose of this paper is to critically explore the historical background and current approach of the most common statutory instrument to maintain green landscapes in…

Abstract

Purpose

The purpose of this paper is to critically explore the historical background and current approach of the most common statutory instrument to maintain green landscapes in private residential gardens in cities and townships in suburban New South Wales (NSW), Australia.

Design/methodology/approach

The narrative presents a transdisciplinary study. While its emphasis is on law and town planning, it also encompasses local government and legal history while touching upon environmental management and ecological science. This panoply of areas reflects the sheer complexity of the topic. While the presentation is initially descriptive, it moves on to a critique of the NSW Government's recent statutory approach.

Findings

The paper demands that further attention must be paid to improving the design and architecture of statutory plans and underlying policies to not only improve urban biodiversity but also retain, as far as practicable, the visual beauty of the suburban landscape. This means reliance on local government to devise their own acceptable approaches. Flexibility rather than rigidity is warranted.

Originality/value

The amount of scholarly material on this topic is relatively rare. The majority of information relies on excellent on-ground research and experience on the part of local experts, namely council employees and consultants. Academic and practical material must be drawn together to improve biodiversity conservation at both the local and regional spheres.

Details

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

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Article
Publication date: 8 July 2014

Peter S. Defoe and Catherine Spence

– The purpose of this paper is to establish a methodology by which the impact of trees may be assessed in rights of light cases.

Abstract

Purpose

The purpose of this paper is to establish a methodology by which the impact of trees may be assessed in rights of light cases.

Design/methodology/approach

By considering the available technologies and theoretical modelling, the research demonstrated that the loss of daylight resulting from the existence of trees can be evaluated to a reasonable degree such that their effect in rights of light cases may be taken into account by the courts.

Findings

The extent of obstruction to daylight that is caused by trees changes from season to season, i.e. trees grow in height and/or width and deciduous trees tend to lose their leaves during the winter. Measurement of the trees should occur during winter months and reasonable approximations can be made.

Research limitations/implications

Further research is advisable to provide a more complete compendium of tree types and to build a reliable database of transparency values and rights of light software will need to be modified to simplify the calculation process.

Practical implications

The consideration of trees in rights of light cases may be very significant. A dominant owner may be more affected by a proposed development if part of their light is already obstructed by trees and a servient owner may have an argument that existing trees cause a significant obstruction which might, in the right circumstances, reduce or remove the actionability of their proposals.

Social implications

This research will have considerable benefit to anyone contemplating rights of light involving obstruction by trees.

Originality/value

This is the first time that the use of BRE transparency factors for trees has been considered in connection with rights of light.

Details

Structural Survey, vol. 32 no. 3
Type: Research Article
ISSN: 0263-080X

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Article
Publication date: 7 August 2017

Gary Sams

The purpose of this paper is to provide an annual update on case law relating to compulsory purchase and compensation.

Abstract

Purpose

The purpose of this paper is to provide an annual update on case law relating to compulsory purchase and compensation.

Design/methodology/approach

Researching decisions made by the Court of Appeal and Upper Tribunal (Lands Chamber) in the field of compensation. Commentary on the legal and valuation implications of a selection of those cases is provided.

Findings

In the last year, there have been a number of interesting cases concerning residual valuations, blight caused by HS2, and Tree Preservation Orders.

Research limitations/implications

The research is limited by the case law available in the last 12 months and this has been a relatively quiet year.

Practical implications

The commentary should assist practitioners to formulate claims for compensation having regard to recent developments in case law.

Originality/value

Its originality and value lies in the fact that it is based on recent legal decisions which have not yet been widely reported.

Details

Journal of Property Investment & Finance, vol. 35 no. 5
Type: Research Article
ISSN: 1463-578X

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Article
Publication date: 1 March 1999

Del Williams

Highlights the importance, when undertaking survey work, of being aware of the potential damage to property from encroachment by tree roots. Reviews the general principles…

Abstract

Highlights the importance, when undertaking survey work, of being aware of the potential damage to property from encroachment by tree roots. Reviews the general principles and legislation, citing specific cases of liability for damage, the question of foreseeability, other contributory factors and remedies.

Details

Structural Survey, vol. 17 no. 1
Type: Research Article
ISSN: 0263-080X

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Article
Publication date: 21 September 2012

Gary Sams

Abstract

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Journal of Property Investment & Finance, vol. 30 no. 6
Type: Research Article
ISSN: 1463-578X

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Article
Publication date: 1 January 2013

Frank Warwick and Susanne Charlesworth

Sustainable drainage (SUDS) techniques seek to address problems associated with excess water quantity, poor water quality, and attempt to improve environmental quality…

Abstract

Purpose

Sustainable drainage (SUDS) techniques seek to address problems associated with excess water quantity, poor water quality, and attempt to improve environmental quality. SUDS have also been proposed as suitable for adapting to and mitigating climate change. The purpose of this paper is to evaluate the contribution of SUDS to carbon mitigation for a local planning authority.

Design/methodology/approach

Carbon sequestration rates of SUDS techniques were obtained from published literature. A Geographical Information System was used to identify potential sites for future SUDS implementation across the area covered by a local planning authority, Coventry, UK. The carbon mitigation potential of different SUDS techniques was estimated, taking account of land cover and land use limitations on new build and retrofit implementation.

Findings

Vegetated SUDS in new developments and retrofit green roofs provided the greatest potential for carbon storage in this urban setting.

Research limitations/implications

This study undertook a rapid assessment of the carbon mitigation that SUDS offers in an urbanised environment. The impact of factors such as greenhouse gas emissions from SUDS devices, management regimes and embedded carbon in engineered structures was not taken into account. The mitigation potential of associated shading and insulation by vegetated SUDS was not evaluated.

Practical implications

Retrofit of, for example, green roofs should be prioritised to take advantage of SUDS for climate change mitigation. The relatively low level of carbon stored over a 15‐year analysis period compared to the scale of forecast emissions revealed the extent of carbon mitigation challenges facing Coventry.

Originality/value

This study provides a methodology to evaluate the carbon mitigation potential of SUDS in an urban setting. Current UK legislative and regulatory emphasis focuses on new build. However, retrofit approaches appear to offer greater potential for carbon sequestration.

Details

Management of Environmental Quality: An International Journal, vol. 24 no. 1
Type: Research Article
ISSN: 1477-7835

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Article
Publication date: 1 October 1994

Michael Collins

Identifies the information available from searches of the Local LandCharges Register (LLCR) and the duty of local authorities to supplyinformation and copies of relevant…

Abstract

Identifies the information available from searches of the Local Land Charges Register (LLCR) and the duty of local authorities to supply information and copies of relevant documents. Describes the means of obtaining further information about properties from local authorities whether by means of standard enquiry forms or separate requests for information. Considers the duty of local authorities to reply to such enquiries. Includes a summary of the different parts of the LLCR, and details of the standard enquiries covered in the new enquiry form CON 29.

Details

Structural Survey, vol. 12 no. 5
Type: Research Article
ISSN: 0263-080X

Keywords

Content available
Article
Publication date: 21 August 2007

Rosalind Lee

Abstract

Details

Property Management, vol. 25 no. 3
Type: Research Article
ISSN: 0263-7472

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