Abstracts – Browse Results
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Akintoye, A, Renukappa, S and Lal, H (2012) The abolition of the "contracts in writing" rule in the 2009 Construction Act: Potential implications for UK adjudication. International Journal of Law in the Built Environment, 4(02), 140-56.
Andrew, A and Bryan, C (2011) Scottish construction lawyers and mediation: an investigation into attitudes and experiences. International Journal of Law in the Built Environment, 3(02), 159–81.
Baker, F (2013) Housing and planning regulation – England and Ireland. International Journal of Law in the Built Environment, 5(02), 118-36.
Balsas, C J L (2017) The right to walk in cities, a comparative review of Macau, Lisbon and Las Vegas. International Journal of Law in the Built Environment, 9(02), 123-42.
Ceno, J S d (2012) Selective licensing and resident satisfaction in social housing: a UK case study. International Journal of Law in the Built Environment, 4(02), 126-39.
Chalkey, K and Green, M (2016) In the context of mediation, is safeguarding mediator neutrality and party autonomy more important than ensuring a fair settlement?. International Journal of Law in the Built Environment, 8(02), 161-75.
Coggins, J K and Donohoe, S (2012) The validity of adjudicators' determinations containing errors of law: A comparison of the judicial approach in England and New South Wales. International Journal of Law in the Built Environment, 4(02), 116-25.
Grecksch, K and Holzhausen, J (2017) Property rights revisited: are narratives the way forward?. International Journal of Law in the Built Environment, 9(02), 94-107.
Gregory-Stevens, J, Frame, I and Henjewele, C (2016) Mediation in construction disputes in England. International Journal of Law in the Built Environment, 8(02), 123-36.
Hearne, R (2013) Realising the “right to the city”: Developing a human rights based framework for regeneration of areas of urban disadvantage. International Journal of Law in the Built Environment, 5(02), 172-87.
Ilter, D and Dikbas, A (2009) An analysis of the key challenges to the widespread use of mediation in the Turkish construction industry. International Journal of Law in the Built Environment, 1(02), 143-55.
Ilter, D, Cakmak, P I, Ustuner, Y A and Tas, E (2016) Toward a research roadmap for construction mediation. International Journal of Law in the Built Environment, 8(02), 176-90.
Jane, B (2010) Using banks: the effect of national attitudes to public intervention in mortgage lending and eviction in French and English law. International Journal of Law in the Built Environment, 2(02), 118–37.
Juli, P (2010) Housing discrimination and minorities in European cities: the Catalan Right to Housing Act 2007. International Journal of Law in the Built Environment, 2(02), 138–56.
Julian Sidoli del, C (2011) An investigation into lawyer attitudes towards the use of mediation in commercial property disputes in England and Wales. International Journal of Law in the Built Environment, 3(02), 182–98.
Laitos, J G and Abel, T M (2013) Sites suitable for mixed use development in Britain and America. International Journal of Law in the Built Environment, 5(02), 137-55.
Lees, E and Shepherd, E (2015) Incoherence and incompatibility in planning law. International Journal of Law in the Built Environment, 7(02), 111-26.
Leshinsky, R (2012) Use of planning agreements to support sustainability and environmental preservation: A case study from Victoria, Australia. International Journal of Law in the Built Environment, 4(02), 157-72.
- Type: Journal Article
- Keywords: Australia; environmental preservation; environmental regulations; planning agreements; sustainability
- ISBN/ISSN: 1756-1450
- URL: https://doi.org/10.1108/17561451211242521
- Abstract:
Purpose - Sustainable values and implementation tools are now more widely included in Australian land use planning and development. Planning agreements are one instrument by which environmental values and preservation can be made more enduring, particularly as planning agreements run with the land. Little has been said about these agreements and the purpose of this paper is to strive to add to the body of knowledge in this area. The aim of this paper is to introduce a contextual framework for planning agreements, drawing on collaborative planning theory and practice. It also demonstrates how planning agreements can been used as a tool to preserve environmental values and principles generally, and more particularly the rich flora and fauna in the surrounding housing estate adjacent to the Royal Botanical Gardens in Cranbourne, Victoria, Australia. Design/methodology/approach - The paper relies on a case study from the municipality of Casey located in the state of Victoria and introduces measures taken, via planning agreements between the municipality and estate developers, to preserve green values and the flora and fauna located in the surrounds of the Royal Botanical Gardens in Cranbourne. Findings - The case study suggests that, whilst the planning agreements may have established excellent procedure and practice to preserve the flora and fauna at the botanic gardens and in its surrounds, the effectiveness of the planning agreements as an environmental preservation tool has limitations. This may be due to the lack of resources for more effective information dissemination and enforcement. Ultimately, it may have to be left to the goodwill of residents to ensure environmental protection of the botanic gardens and its surrounds is maintained. Research limitations/implications - As the housing estate is still a young development, the case study is an exploratory approach. This leaves open the opportunity for further data to be gathered from estate residents into the effectiveness of the preservation and enforcement of the green values and principles raised in the planning agreements. There is also the opportunity to take the study further to ascertain longitudinally, how respectful original and subsequent owners are of the green values planted in the planning agreements. Originality/value - The analysis of the case study is instructive, particularly as there is a dearth of literature on how effective planning law agreements are as an environmental preservation and sustainability tool.
Lindqvist, S (2012) The concept of transparency in the European Union's residential housing market: A theoretical framework. International Journal of Law in the Built Environment, 4(02), 99-115.
Luke, B (2011) Judges, child trespassers and occupiers' liability. International Journal of Law in the Built Environment, 3(02), 126–45.
Maree, C (2011) Comparative analysis of some aspects of assessment of damages for contractual breaches in England and Wales, Australia and New Zealand. International Journal of Law in the Built Environment, 3(02), 113–25.
Meijer, F and Visscher, H (2017) Quality control of constructions: European trends and developments. International Journal of Law in the Built Environment, 9(02), 143-61.
Nasarre-Aznar, S (2015) “Robinhoodian” courts’ decisions on mortgage law in Spain. International Journal of Law in the Built Environment, 7(02), 127-47.
Nasarre-Aznar, S and Molina-Roig, E (2017) A legal perspective of current challenges of the Spanish residential rental market. International Journal of Law in the Built Environment, 9(02), 108-22.
O'Mahony, L F (2013) The meaning of home: from theory to practice. International Journal of Law in the Built Environment, 5(02), 156-71.
Padraic, K (2010) Can housing rights be applied to modern housing systems?. International Journal of Law in the Built Environment, 2(02), 103–17.
Patricia, N (2011) The use of mediation in preventing homelessness in England. International Journal of Law in the Built Environment, 3(02), 146–58.
Pedro, J B, Meijer, F and Visscher, H (2009) The Portuguese building regulation system: a critical review. International Journal of Law in the Built Environment, 1(02), 156-71.
Pratt, N (2015) The “by right” defence in village green registration. International Journal of Law in the Built Environment, 7(02), 96-110.
Rachelle, A (2011) Guest editorial: comparative research at the frontier of planning law: The case of compensation rights for land use regulations. International Journal of Law in the Built Environment, 3(02), 100–12.
Sherry, C (2009) The New South Wales strata and Community Titles Acts: A case study of legislatively created high rise and master planned communities. International Journal of Law in the Built Environment, 1(02), 130-42.
Sidoli del Ceno, J, George, H and Vols, M (2015) Adjudication in tenancy deposit scheme disputes: agents’ perspectives. International Journal of Law in the Built Environment, 7(02), 162-72.
Skaik, S (2017) Operational problems and solutions of statutory complex adjudication: stakeholders’ perspectives. International Journal of Law in the Built Environment, 9(02), 162-75.
Somerville, P (2013) Property and power in the English countryside: the case of housing. International Journal of Law in the Built Environment, 5(02), 100-17.
Trushell, I, Clark, B and Agapiou, A (2016) Construction mediation in Scotland: An investigation into attitudes and experiences of mediation practitioners. International Journal of Law in the Built Environment, 8(02), 101-22.
Vols, M, Tassenaar, P G and Jacobs, J P A M (2015) Anti-social behaviour and European protection against eviction. International Journal of Law in the Built Environment, 7(02), 148-61.
Wall, R, Ankrah, N and Charlson, J (2016) An investigation into the different styles of the lawyer and construction specialist when mediating construction disputes. International Journal of Law in the Built Environment, 8(02), 137-60.
Wolfgang, A and Alexis, M (2010) Designing a new rental housing law for Romania. International Journal of Law in the Built Environment, 2(02), 157–77.
Ziegler, E H (2009) The case for megapolitan growth management in the twenty-first century: Regional urban planning and sustainable development in the USA. International Journal of Law in the Built Environment, 1(02), 105-29.