Sustainability Land Use and Environment 1st Edition by Mark Stallworthy ISBN 1859416470 9781859416471

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ISBN 10: 1859416470 
ISBN 13: 9781859416471
Author: Mark Stallworthy

This book focuses on land use, a topic at the heart of attempts to find sustainable solutions. It will be invaluable to practitioners and students of environmental law.

Sustainability Land Use and Environment 1st Table of contents:

Chapter 1 The Nature of Sustainable Development
1 Problems of Definition
1.1 ‘Sustainable Development’ as a Framework for Debate
1.2 The Relationship between Natural Processes and Economic Growth
1.3 Sustainable Development and Policy Integration
2 A Legal Basis for the Protection of Future Generations
2.1 Recognising Intergenerational Equity
2.2 Notions of Trust
2.3 Questioning Legal Protection of the Unborn
2.4 Obligations and Rights Discourse
3 Discount Concepts and Sustainability
3.1 Problems of Value
3.2 Validity of Structured Notions of Trade-Off
3.3 Post-Scarcity Approaches and the Ruling Economic Order
Chapter 2 Sustainability and Legal Principle
1 International Processes
1.1 The Rio Framework for Sustainable Development
1.2 Securing Sustainable Development through Principles of International Law
2 Implementing Sustainable Development within International Environmental Law
2.1 Strategies for Securing Compliance
2.2 The Limitations of State Sovereignty and Trade Dominance
3 The Precautionary Principle
3.1 The Nature of the Precautionary Principle
3.2 Recognition of the Precautionary Principle
3.3 Effectiveness of the Precautionary Principle
4 Sustainable Applications for National Policy and Law
4.1 Private Law and Review Mechanisms
4.2 Regulatory Impacts
5 Developing Structures for Sustainable Development
Chapter 3 Regulation and Private Property
1 Ideologies of the Minimal State
1.1 Property and Values of the Liberal State
1.2 Regulation and Public Interest Ideologies
2 Constraining Activities through Regulation
2.1 The Contingent Status of Property Rights
2.2 Justifications for Planning and Environmental Controls
3 Private Law Protection of Environmental Interests
3.1 Toxic Tort in an Era of Environmental Regulation
3.2 Nuisance, Planning Law and the Assertion of the Public Interest
4 Incorporating Environmental Values
4.1 Addressing Limitations in the Common Law
4.2 Property Rights and Ecological Reform
Chapter 4 The Remit of English Land Use Planning Law
1 The Task of Land use Planning
1.1 The Roots of Modem Planning
1.2 The Scope of Planning
1.3 The Private Retention of Development Value
1.4 Local, Central and Technocratic Priorities
2 The System of Strategic Land Use Planning
2.1 Development Presumptions and Constraints
2.2 Strategic Policy Making and Development Planning
2.3 Strategic Policy Making and Regional Planning
3 Planning Applications and Development Control
3.1 Policy and Material Considerations
3.2 Planning Conditions
3.3 Planning Obligations
3.4 Participation in the Planning Process
4 Planning and Spatial Conflict
4.1 Scarcity and the Land Resource
4.2 The Concept of the Green Belt
4.3 Problems of Urban and Rural Planning
4.4 Sustainable Lifestyles and Polarisation
Chapter 5 Environmental Impact Assessment
1 The Concept of Environmental Impact Assessment
1.1 The Underlying Idea of Environmental Assessment
1.2 The Relationship of Planning and Environmental Impact Assessment
2 Legal Processes for Securing Environmental Assessment
2.1 The EIA Directive
2.2 Securing Legal Compliance with the EIA Directive in the UK
2.3 Enforcement of Environmental Assessment Requirements
2.4 The Potentially Horizontal Effect of the Directive
2.5 The Exercise of Residual Judicial Discretion
3 The Contribution of Environmental Impact Assessment to Sustainability
3.1 The Preventative role of Environmental Assessment
3.2 The Value of Environmental Assessment as a Process
3.3 Potential for Reform
Chapter 6 Seeking a Sustainable Framework for Land Use Planning
1 Formal Policy Recognition of Sustainability
1.1 Sustainability Strategies
1.2 Resource and Environmental Considerations
2 Sustainability and the Need for Space
2.1 Development Planning
2.2 Land, Market Pressures and Social Needs
2.3 Urban Land Availability
2.4 Extending beyond Urban Settlements
2.5 Building on Flood Plains
3 Problems of Rural Housing
3.1 The Problem of Affordable Housing
3.2 Exception housing
4 Transport Issues and Sustainable use of Land
4.1 Transport and Sustainability
4.2 Transport and Land Use Planning
5 A Sustainable Rationale for Land use Planning Control?
5.1 Incorporating Sustainable Development Objectives
5.2 Sustainability Appraisal and Strategic Environmental Assessment
5.3 Balancing Processes and Sustainability
5.4 Towards a Sustainable Agenda for Planning
Chapter 7 The Relationship between Separate Regulatory Regimes
1 Reconciling Regulatory Objectives
1.1 Planning as Enabler and Constraint
1.2 Environmental objectives and diffuse regulatory mechanisms
1.3 Air Quality and Land use Regulation
1.4 Waste and Land use Regulation
1.5 Highways Controls and Land Use
2 The Co-Ordination of Land use and Pollution Control Functions
2.1 The Separate Nature of the Regulatory Regimes
2.2 The Impact of Pollution Controls
2.3 Reconciling Planning and Pollution Controls
2.4 Planning, the Precautionary Principle and Statutory Frameworks
3 Reconciling Conflicts
3.1 Establishing Policy Priorities
3.2 Synthesising Regulatory Objectives
Chapter 8 Environmental Protection and Scientific Uncertainty
1 The Meaning and Role of Risk Assessment
1.1 Setting Objective Frameworks
1.2 Principles of Risk Response
2 Critiques of Risk Assessment
2.1 Whose Environmental Values?
2.2 Use and Abuse of the Role of Experts
2.3 Risk as a Social Construct
3 Risk Assessment within the UK’s Policy Making Process
3.1 Legal Frameworks
3.2 Structuring Risk Assessment for Policy Makers
3.3 Statutory Application of Cost Benefit Analysis to Agency Risk Assessment
3.4 Contaminated Land and Risk Assessment
3.5 Balancing Conflicting Legal Frameworks in the Risk Context
4 Seeking Solutions
4.1 Politics and Technocratic Structures
4.2 Establishing a Discourse as to Risk
Chapter 9 Human Rights and the Environment
1 The Environmental Justice Movement
2 Human Rights under International Law
2.1 The Separateness of Human Rights Mechanisms from the Environment
2.2 Asserting a Role for Human Rights Doctrine in Environmental Protection
3 The European Convention on Human Rights
3.1 The European Convention and the United Kingdom
3.2 ‘Environmental’ Human Rights in Europe?
3.3 Securing a Balance of Interests
3.4 ‘Procedural’ Requirements Under the Convention
4 The Operation of the Convention within UK Law
4.1 The Human Rights Act 1998
4.2 Policy Making, Decision Making and Review
5 Accommodating Human Rights Principles into the UK Regulatory Context
5.1 Addressing Unsatisfactory Regulatory Control
5.2 Applying Human Rights Principles in the Policy Context
Chapter 10 Sustainability, Law and Democratic Politics
1 Sustainability and Democracy
1.1 Limitations upon Sustainable Decision Making in the Liberal State
1.2 Citizens Consumers and Consensual Risk Takers
2 Environmental Challenges to Democratic Limitations
2.1 Reforming Democratic Structures
2.2 Changes and the Individual
3 Sustainability, Democracy and Participation
3.1 Participation within a Reflexive Society
3.2 Sustainability and Political Responsibility
4 The Importance of Adjudicative Structures
4.1 Access to Justice
4.2 Changed Adjudicative Structures
5 Conclusion
5.1 Securing Sustainability through the Processes of Politics and Law
5.2 Transforming the Citizen

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