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Adshead, J (2014) Revisiting the ideologies of planning law: Private property, public interest and public participation in the legal framework of England and Wales. International Journal of Law in the Built Environment, 6(01), 174-93.
Bright, S and Dixie, H (2014) Evidence of green leases in England and Wales. International Journal of Law in the Built Environment, 6(01), 6-20.
Fogleman, V (2014) The contaminated land regime: time for a regime that is fit for purpose (Part 1). International Journal of Law in the Built Environment, 6(01), 43-68.
Fogleman, V (2014) The contaminated land regime: time for a regime that is fit for purpose (Part 2). International Journal of Law in the Built Environment, 6(01), 129-51.
Gill, G N (2014) Environmental protection and developmental interests: A case study of the River Yamuna and the Commonwealth Games, Delhi, 2010. International Journal of Law in the Built Environment, 6(01), 69-90.
Kelly, A H (2014) Amenity enhancement and biodiversity conservation in Australian suburbia: Moving towards maintaining indigenous plants on private residential land. International Journal of Law in the Built Environment, 6(01), 91-105.
Palmer, R C (2014) Common law environmental protection: the future of private nuisance, Part I. International Journal of Law in the Built Environment, 6(01), 21-42.
- Type: Journal Article
- Keywords: Critical theory; Environmental protection; Legal history; Private nuisance
- ISBN/ISSN: 1756-1450
- URL: https://doi.org/10.1108/IJLBE-08-2013-0032
- 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 withstand the scrutiny of the Supreme Court if, and when, they are tested. Originality/value – This paper recognises that nuisance law has a positive future in environmental protection provided that the courts are willing to embrace the historical paradigm which has served the common law in this field broadly well for hundreds of years.
Palmer, R C (2014) Common law environmental protection: the future of private nuisance, Part II. International Journal of Law in the Built Environment, 6(01), 106-28.
Rij, E v and Altes, W K K (2014) Integrated air quality and land use planning in The Netherlands. International Journal of Law in the Built Environment, 6(01), 194-210.
Williams, P (2014) Growing houses and trees: integrating biodiversity conservation and urbanisation: An Australian case study. International Journal of Law in the Built Environment, 6(01), 152-73.