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International Journal of Law in The Built Environment最新文献

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Integrated air quality and land use planning in The Netherlands 荷兰的综合空气质量和土地利用规划
International Journal of Law in The Built Environment Pub Date : 2014-07-24 DOI: 10.1108/IJLBE-03-2013-0007
Evelien van Rij, W. K. Altes
{"title":"Integrated air quality and land use planning in The Netherlands","authors":"Evelien van Rij, W. K. Altes","doi":"10.1108/IJLBE-03-2013-0007","DOIUrl":"https://doi.org/10.1108/IJLBE-03-2013-0007","url":null,"abstract":"Purpose – This paper aims to review the rescaling of integrated planning policies for the built environment by the transposition of European directives on air quality in The Netherlands. Design/methodology/approach – This is a case study examining European and Dutch policies, legislation, case law and reports by various Dutch Courts of Auditors and assessment agencies. Findings – The paper reveals how a combination of measures that prohibit practices and measures constituting new ways of working has facilitated environmental protection and integrated planning. The case shows that transposition matters. At first, the aim of transposing European environmental directives into an integrated national legal system resulted in an erosion of integrated planning as courts nullified new development decisions. In later instances, it resulted in the National Cooperation Programme on Air Quality (NSL), an integrated system, allowing the weighing and monitoring of all policies that affect air quality. Research limitati...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116208947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Common law environmental protection: the future of private nuisance, Part I 普通法环境保护:私人妨害的未来(一)
International Journal of Law in The Built Environment Pub Date : 2014-07-24 DOI: 10.1108/IJLBE-08-2013-0032
R. Palmer
{"title":"Common law environmental protection: the future of private nuisance, Part I","authors":"R. Palmer","doi":"10.1108/IJLBE-08-2013-0032","DOIUrl":"https://doi.org/10.1108/IJLBE-08-2013-0032","url":null,"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 wit...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130059216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Growing houses and trees: integrating biodiversity conservation and urbanisation: An Australian case study 种植房屋和树木:整合生物多样性保护和城市化:一个澳大利亚的案例研究
International Journal of Law in The Built Environment Pub Date : 2014-07-24 DOI: 10.1108/IJLBE-04-2013-0015
Peter Williams
{"title":"Growing houses and trees: integrating biodiversity conservation and urbanisation: An Australian case study","authors":"Peter Williams","doi":"10.1108/IJLBE-04-2013-0015","DOIUrl":"https://doi.org/10.1108/IJLBE-04-2013-0015","url":null,"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 developm...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122544937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The contaminated land regime: time for a regime that is fit for purpose (Part 1) 污染土地制度:适合目的的制度的时间(第一部分)
International Journal of Law in The Built Environment Pub Date : 2014-07-24 DOI: 10.1108/IJLBE-08-2013-0034
V. Fogleman
{"title":"The contaminated land regime: time for a regime that is fit for purpose (Part 1)","authors":"V. Fogleman","doi":"10.1108/IJLBE-08-2013-0034","DOIUrl":"https://doi.org/10.1108/IJLBE-08-2013-0034","url":null,"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. \u0000 \u0000Design/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. \u0000 \u0000Findings - 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. \u0000 \u0000Originality/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.","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124771730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Amenity enhancement and biodiversity conservation in Australian suburbia 澳大利亚郊区的美化与生物多样性保护
International Journal of Law in The Built Environment Pub Date : 2014-07-24 DOI: 10.1108/IJLBE-05-2013-0022
Andrew Kelly
{"title":"Amenity enhancement and biodiversity conservation in Australian suburbia","authors":"Andrew Kelly","doi":"10.1108/IJLBE-05-2013-0022","DOIUrl":"https://doi.org/10.1108/IJLBE-05-2013-0022","url":null,"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 lo...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"301 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123127852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Evidence of green leases in England and Wales 英格兰和威尔士绿色租赁的证据
International Journal of Law in The Built Environment Pub Date : 2014-07-24 DOI: 10.1108/IJLBE-07-2013-0027
Susan Bright, Hannah Dixie
{"title":"Evidence of green leases in England and Wales","authors":"Susan Bright, Hannah Dixie","doi":"10.1108/IJLBE-07-2013-0027","DOIUrl":"https://doi.org/10.1108/IJLBE-07-2013-0027","url":null,"abstract":"Purpose – This paper aims to report on research that investigates the use of green clauses in leases of office and retail premises in England and Wales. Design/methodology/approach – The authors examined 26 recent leases of green build properties registered at HM Land Registry. The green clauses discovered were classified and compared with the model form green clauses promoted by the London-based Better Building Partnership's Green Lease Toolkit. Findings – Of the 26 leases analysed, 18 contained some form of green provision. Research limitations/implications – As the sample selected was not representative, a larger study is needed to detect trends in green leasing. This research method does not show the impact of green clauses on property management. Practical implications – This research illustrates the types of clauses that have been used in leases but also shows that green leasing principles are not yet the industry standard. Many new, long leases still make no reference to environmental practices. Or...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134065843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 24
Revisiting the ideologies of planning law: Private property, public interest and public participation in the legal framework of England and Wales 重新审视计划法的意识形态:英格兰和威尔士法律框架中的私有财产、公共利益和公众参与
International Journal of Law in The Built Environment Pub Date : 2014-07-24 DOI: 10.1108/IJLBE-10-2013-0038
Julie Adshead
{"title":"Revisiting the ideologies of planning law: Private property, public interest and public participation in the legal framework of England and Wales","authors":"Julie Adshead","doi":"10.1108/IJLBE-10-2013-0038","DOIUrl":"https://doi.org/10.1108/IJLBE-10-2013-0038","url":null,"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...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133383418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 8
The contaminated land regime: time for a regime that is fit for purpose (Part 2) 受污染土地制度:适合目的的制度的时间(第2部分)
International Journal of Law in The Built Environment Pub Date : 2014-07-24 DOI: 10.1108/IJLBE-08-2013-0035
V. Fogleman
{"title":"The contaminated land regime: time for a regime that is fit for purpose (Part 2)","authors":"V. Fogleman","doi":"10.1108/IJLBE-08-2013-0035","DOIUrl":"https://doi.org/10.1108/IJLBE-08-2013-0035","url":null,"abstract":"Purpose - The purpose of the article is to show that the liability system established by Part 2A of the Environmental Protection Act 1990 is unfit for purpose because its mixture of joint and several liability and proportionate liability makes it impossible to implement and enforce effectively or efficiently as well as making it expensive to administer. The article analyses the liability system and its effect on the implementation and enforcement of Part 2A. \u0000 \u0000Design/methodology/approach - A research approach was taken to examine and analyse Part 2A and the accompanying statutory guidance, and its implementation and enforcement. This approach included researching the liability system of Part 2A in depth, liability systems in other jurisdictions to compare and contrast with the liability system in Part 2A, publications by the UK Government on the progress of Part 2A, and commentaries on Part 2A and its progress. \u0000 \u0000Findings - The paper found that the liability system introduced by Part 2A is too complex to enforce effectively or efficiently. The article concludes that the result is a contaminated land regime that has failed to achieve its purpose in identifying land that poses a risk to human health and the environment and in remediating it. \u0000 \u0000Originality/value - The paper is the first paper to examine and critique the liability system in Part 2A and its implementation in depth and to suggest issues to consider in its revision so as to replace the regime with a regime that is fit for purpose.","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"156 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114648400","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
Environmental protection and developmental interests: A case study of the River Yamuna and the Commonwealth Games, Delhi, 2010 环境保护与发展利益:亚穆纳河与英联邦运动会的案例研究，德里，2010
International Journal of Law in The Built Environment Pub Date : 2014-07-24 DOI: 10.1108/IJLBE-03-2013-0010
G. Gill
{"title":"Environmental protection and developmental interests: A case study of the River Yamuna and the Commonwealth Games, Delhi, 2010","authors":"G. Gill","doi":"10.1108/IJLBE-03-2013-0010","DOIUrl":"https://doi.org/10.1108/IJLBE-03-2013-0010","url":null,"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 st...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114817514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Judges and the government 法官和政府
International Journal of Law in The Built Environment Pub Date : 2014-07-24 DOI: 10.1108/IJLBE-02-2014-0011
R. Macrory
{"title":"Judges and the government","authors":"R. Macrory","doi":"10.1108/IJLBE-02-2014-0011","DOIUrl":"https://doi.org/10.1108/IJLBE-02-2014-0011","url":null,"abstract":"","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116539409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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