Pub Date : 2012-09-28DOI: 10.1108/IJLBE.2012.41104CAA.001
B. Mcadam
{"title":"International sport: for kings or tyrants?","authors":"B. Mcadam","doi":"10.1108/IJLBE.2012.41104CAA.001","DOIUrl":"https://doi.org/10.1108/IJLBE.2012.41104CAA.001","url":null,"abstract":"","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116144331","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}
Pub Date : 2012-09-28DOI: 10.1108/17561451211273365
P. Williams
Purpose – The purpose of this paper is to examine the regulatory, policy and market‐based approaches taken to incorporate biodiversity conservation in the management of urban growth in Sydney and more broadly in New South Wales, Australia's most populous state. Problems associated with managing Sydney's growth – particularly from the intersection of dealing with perceived property rights and the protection of natural resources such as biodiversity – are identified, and the scope for hybrid “smart regulation” is examined.Design/methodology/approach – The relevant issues are illustrated through significant State Government development decisions relating to the retention of biodiversity in the new growth areas of Sydney.Findings – The paper argues that to better integrate biodiversity conservation in Australian cities a mixed approach be adopted in which a number of tools are utilised – and that this needs to occur in the context of a sound overarching strategic planning framework. This constitutes a hybrid ...
{"title":"Managing urbanisation and environmental protection in Australian cities","authors":"P. Williams","doi":"10.1108/17561451211273365","DOIUrl":"https://doi.org/10.1108/17561451211273365","url":null,"abstract":"Purpose – The purpose of this paper is to examine the regulatory, policy and market‐based approaches taken to incorporate biodiversity conservation in the management of urban growth in Sydney and more broadly in New South Wales, Australia's most populous state. Problems associated with managing Sydney's growth – particularly from the intersection of dealing with perceived property rights and the protection of natural resources such as biodiversity – are identified, and the scope for hybrid “smart regulation” is examined.Design/methodology/approach – The relevant issues are illustrated through significant State Government development decisions relating to the retention of biodiversity in the new growth areas of Sydney.Findings – The paper argues that to better integrate biodiversity conservation in Australian cities a mixed approach be adopted in which a number of tools are utilised – and that this needs to occur in the context of a sound overarching strategic planning framework. This constitutes a hybrid ...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121334048","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}
Pub Date : 2012-09-28DOI: 10.1108/17561451211273347
M. Brand, P. Davenport
Purpose – The purpose of this paper is threefold; first, to give a background to the security of payment problem in the New South Wales construction industry and the problem giving rise to the Building and Construction Industry Security of Payment Amendment Act 2010 (NSW) (“2010 Amendment Act”); second, to provide an analysis of the operation of the 2010 Amendment Act; and finally, to address the main implications of the amendments for the three parties involved, namely the claimant, the respondent and the “Principal contractor”.Design/methodology/approach – A review of the relevant literature was undertaken on the security of payment problem in the NSW construction industry and the problem giving rise to the 2010 Amendment Act. A “black‐letter” approach is adopted to analyse and explain the provisions contained in the 2010 Amendment Act. At the time of writing, no case law relevant to the amendments had been published.Findings – The amendments brought about by the 2010 Amendment Act add appreciably to th...
{"title":"Adjudication in Australia","authors":"M. Brand, P. Davenport","doi":"10.1108/17561451211273347","DOIUrl":"https://doi.org/10.1108/17561451211273347","url":null,"abstract":"Purpose – The purpose of this paper is threefold; first, to give a background to the security of payment problem in the New South Wales construction industry and the problem giving rise to the Building and Construction Industry Security of Payment Amendment Act 2010 (NSW) (“2010 Amendment Act”); second, to provide an analysis of the operation of the 2010 Amendment Act; and finally, to address the main implications of the amendments for the three parties involved, namely the claimant, the respondent and the “Principal contractor”.Design/methodology/approach – A review of the relevant literature was undertaken on the security of payment problem in the NSW construction industry and the problem giving rise to the 2010 Amendment Act. A “black‐letter” approach is adopted to analyse and explain the provisions contained in the 2010 Amendment Act. At the time of writing, no case law relevant to the amendments had been published.Findings – The amendments brought about by the 2010 Amendment Act add appreciably to th...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132109141","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}
Pub Date : 2012-07-06DOI: 10.1108/17561451211242521
R. Leshinsky
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 ...
{"title":"Use of planning agreements to support sustainability and environmental preservation: a case study from Victoria, Australia","authors":"R. Leshinsky","doi":"10.1108/17561451211242521","DOIUrl":"https://doi.org/10.1108/17561451211242521","url":null,"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 ...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122703465","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}
Pub Date : 2012-07-06DOI: 10.1108/17561451211242503
Julian Sidoli del Ceno
Purpose – The purpose of this paper is to examine empirically the effects of selective licensing on an area of social depravation. The paper consciously focuses solely on the views and perspectives of the residents as opposed to that of the landlord or housing professional.Design/methodology/approach – The paper is based on a series of structured qualitative interviews with a statistically significant percentage of residents in the given area.Findings – The selective licence has had some limited but positive effects on the well‐being of the residents. Standards of property management and perceptions of anti‐social behaviour had also improved to a degree. It was clear, however, that many residents could not distinguish the selective licensing process from more generic local authority intervention. Many residents reported an increase in their “self‐esteem” due to the interventions of the local authority, however labelled.Originality/value – The paper provides original data on the attitudes and perspectives ...
{"title":"Selective licensing and resident satisfaction in social housing: a UK case study","authors":"Julian Sidoli del Ceno","doi":"10.1108/17561451211242503","DOIUrl":"https://doi.org/10.1108/17561451211242503","url":null,"abstract":"Purpose – The purpose of this paper is to examine empirically the effects of selective licensing on an area of social depravation. The paper consciously focuses solely on the views and perspectives of the residents as opposed to that of the landlord or housing professional.Design/methodology/approach – The paper is based on a series of structured qualitative interviews with a statistically significant percentage of residents in the given area.Findings – The selective licence has had some limited but positive effects on the well‐being of the residents. Standards of property management and perceptions of anti‐social behaviour had also improved to a degree. It was clear, however, that many residents could not distinguish the selective licensing process from more generic local authority intervention. Many residents reported an increase in their “self‐esteem” due to the interventions of the local authority, however labelled.Originality/value – The paper provides original data on the attitudes and perspectives ...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128693418","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}
Pub Date : 2012-07-06DOI: 10.1108/17561451211242486
S. Lindqvist
Purpose – The purpose of this paper is to provide a theoretical framework for the subsequent analysis of the European Union internal market's concept of transparency in residential real estate transactions. Specifically, it seeks to identify the essential factors that should be addressed within any such analysis.Design/methodology/approach – The study is based on a review of the literature on the general concept of transparency, and on other related aspects.Findings – Based on this study, five dimensions of transparency are identified, namely transparency in transaction procedure, legal information, financing, taxation and transaction costs. The essential points are that an increase in cross‐border transactions increases demand for easy access to information held in other countries. The studied literature focuses on the coordination of legal systems, making systems more uniform and legally secured, and on broadening of the mortgage market. The study highlights the complexities involved in achieving transp...
{"title":"The concept of transparency in the European Union's residential housing market: A theoretical framework","authors":"S. Lindqvist","doi":"10.1108/17561451211242486","DOIUrl":"https://doi.org/10.1108/17561451211242486","url":null,"abstract":"Purpose – The purpose of this paper is to provide a theoretical framework for the subsequent analysis of the European Union internal market's concept of transparency in residential real estate transactions. Specifically, it seeks to identify the essential factors that should be addressed within any such analysis.Design/methodology/approach – The study is based on a review of the literature on the general concept of transparency, and on other related aspects.Findings – Based on this study, five dimensions of transparency are identified, namely transparency in transaction procedure, legal information, financing, taxation and transaction costs. The essential points are that an increase in cross‐border transactions increases demand for easy access to information held in other countries. The studied literature focuses on the coordination of legal systems, making systems more uniform and legally secured, and on broadening of the mortgage market. The study highlights the complexities involved in achieving transp...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130774216","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}
Pub Date : 2012-07-06DOI: 10.1108/17561451211242495
Jeremy Coggins, S. Donohoe
Purpose – The purpose of this paper is to analyse the development of English Law and the Law in New South Wales, Australia in statutory adjudication concerning judicial review of adjudicators' errors in law.Design/methodology/approach – This paper adopts a black‐letter law approach focussing on recent decisions and their effect on statutory adjudication.Findings – Following the commencement of statutory adjudication in the UK, the English courts swiftly supported the new “pay now, argue later”, rapid form of dispute resolution by holding adjudication to be a private dispute resolution process akin to expert valuation. As such, the English courts have consistently held that adjudicators operate within their jurisdiction even though they may err on points of law, as long as such errors were committed in the course of attempting to answer a question they were contractually authorised to consider. The courts' position in New South Wales (NSW), however, has differed considerably. In NSW, the first Australian S...
{"title":"The validity of adjudicators' determinations containing errors of law","authors":"Jeremy Coggins, S. Donohoe","doi":"10.1108/17561451211242495","DOIUrl":"https://doi.org/10.1108/17561451211242495","url":null,"abstract":"Purpose – The purpose of this paper is to analyse the development of English Law and the Law in New South Wales, Australia in statutory adjudication concerning judicial review of adjudicators' errors in law.Design/methodology/approach – This paper adopts a black‐letter law approach focussing on recent decisions and their effect on statutory adjudication.Findings – Following the commencement of statutory adjudication in the UK, the English courts swiftly supported the new “pay now, argue later”, rapid form of dispute resolution by holding adjudication to be a private dispute resolution process akin to expert valuation. As such, the English courts have consistently held that adjudicators operate within their jurisdiction even though they may err on points of law, as long as such errors were committed in the course of attempting to answer a question they were contractually authorised to consider. The courts' position in New South Wales (NSW), however, has differed considerably. In NSW, the first Australian S...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133710604","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}
Pub Date : 2012-04-13DOI: 10.1108/17561451211211714
A. Roussac, Susan Bright
Purpose – The purpose of this paper is to illustrate, by reference to practical examples, how leases of commercial buildings can be more responsive to environmental issues.Design/methodology/approach – The paper explains how difficult it is within the structure and content of conventional leases to reduce the environmental impact of the tenanted commercial built environment. It explores the interplay between the content and structure of commercial leases and the behaviour of building owners, managers, tenants and occupants, illustrated through the experiences of a large Australian‐based commercial office building owner/operator.Findings – With reference to practical examples it shows how conventional leases stifle innovation and illustrates the difficulties in drafting leases that enable a responsive approach to building management to be adopted. It shows how more fundamental changes that align and reward owners and tenants for working together for mutual benefit are required.Practical implications – The ...
{"title":"Improving environmental performance through innovative commercial leasing","authors":"A. Roussac, Susan Bright","doi":"10.1108/17561451211211714","DOIUrl":"https://doi.org/10.1108/17561451211211714","url":null,"abstract":"Purpose – The purpose of this paper is to illustrate, by reference to practical examples, how leases of commercial buildings can be more responsive to environmental issues.Design/methodology/approach – The paper explains how difficult it is within the structure and content of conventional leases to reduce the environmental impact of the tenanted commercial built environment. It explores the interplay between the content and structure of commercial leases and the behaviour of building owners, managers, tenants and occupants, illustrated through the experiences of a large Australian‐based commercial office building owner/operator.Findings – With reference to practical examples it shows how conventional leases stifle innovation and illustrates the difficulties in drafting leases that enable a responsive approach to building management to be adopted. It shows how more fundamental changes that align and reward owners and tenants for working together for mutual benefit are required.Practical implications – The ...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126611922","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}
Pub Date : 2012-04-13DOI: 10.1108/17561451211211750
D. Brawn
Purpose – The purpose of this paper is to examine the relationship between extensions of time and payment of liquidated damages under construction contracts in English law.Design/methodology/approach – This paper sets out the law relating to granting extensions of time and liquidated damages and examines the effect of one upon the other. The JCT form of contract is used as an example, although it is submitted that the position is the same under other forms of contract. Case law is examined to illuminate the judicial approach and highlight inconsistencies, and consideration is given to the position in other jurisdictions.Findings – This paper examines the effect of delaying events in particular circumstances, including where time is “at large”, sectional completion, partial possession, set‐off of liquidated damages and liquidated damages after termination of the contract. Particular attention is paid to concurrent and sequential delays; where both parties are at fault, it may be appropriate to deny the emp...
{"title":"Extensions of time and liquidated damages in construction contracts in England and Wales","authors":"D. Brawn","doi":"10.1108/17561451211211750","DOIUrl":"https://doi.org/10.1108/17561451211211750","url":null,"abstract":"Purpose – The purpose of this paper is to examine the relationship between extensions of time and payment of liquidated damages under construction contracts in English law.Design/methodology/approach – This paper sets out the law relating to granting extensions of time and liquidated damages and examines the effect of one upon the other. The JCT form of contract is used as an example, although it is submitted that the position is the same under other forms of contract. Case law is examined to illuminate the judicial approach and highlight inconsistencies, and consideration is given to the position in other jurisdictions.Findings – This paper examines the effect of delaying events in particular circumstances, including where time is “at large”, sectional completion, partial possession, set‐off of liquidated damages and liquidated damages after termination of the contract. Particular attention is paid to concurrent and sequential delays; where both parties are at fault, it may be appropriate to deny the emp...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125038444","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}
Pub Date : 2012-04-13DOI: 10.1108/17561451211211732
D. Ilter
Purpose – The purpose of this paper is to: distinguish dispute factors from dispute categories, terms generally used interchangeably in the literature; compose consistent and comprehensive lists of dispute factors and categories; and identify the impacts of various dispute factors through empirical analysis of the associations between dispute factors and categories.Design/methodology/approach – In total, 50 construction projects in Turkey (each with a contract amount of 1 million USD or over) were investigated and analysed employing a specially developed dispute research survey form and through interviews with the project managers.Findings – Specific suggestions have been developed for various stakeholders of construction projects, building upon the associations revealed by the correlation analysis. These suggestions relate to the following issues; for employers: contractor selection (experience and technical capability), avoiding variations and punctual instructions; for consultants: preparation of proje...
{"title":"Identification of the relations between dispute factors and dispute categories in construction projects","authors":"D. Ilter","doi":"10.1108/17561451211211732","DOIUrl":"https://doi.org/10.1108/17561451211211732","url":null,"abstract":"Purpose – The purpose of this paper is to: distinguish dispute factors from dispute categories, terms generally used interchangeably in the literature; compose consistent and comprehensive lists of dispute factors and categories; and identify the impacts of various dispute factors through empirical analysis of the associations between dispute factors and categories.Design/methodology/approach – In total, 50 construction projects in Turkey (each with a contract amount of 1 million USD or over) were investigated and analysed employing a specially developed dispute research survey form and through interviews with the project managers.Findings – Specific suggestions have been developed for various stakeholders of construction projects, building upon the associations revealed by the correlation analysis. These suggestions relate to the following issues; for employers: contractor selection (experience and technical capability), avoiding variations and punctual instructions; for consultants: preparation of proje...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131533739","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}
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