Application of Law to Development and Related Environmental Issues - Essay Example

? Application of law to development and related environmental issues Application of law to development and related environmental issues Abstract The International law on environmental preservations requires that each state should monitor closely the development plans in an area against the set rules to grant permission to the developments strategy. The law clearly states the rules and factors to be reflected when the authority has to make a decision on the overall effect of the proposed plan to the environment, social-cultural matters, historic matters, and infrastructure in the region. As a result, the company pioneering the proposed development should take into consideration of the entire aspects contained in the Wykeville local authority framework. The final decision depends on whether to permit the development proposal or to decline according to the inclusive assessment of the benefits that the project will bring to the derelict land and adherence to the law. Key words: Development, environment, environmental law, derelict land, policies, decision, authority, permit Introduction Environmental law is a main aspect in the determination of the viability and effect posed by the construction of a new company in an area. The acts and by-laws stipulated on the basis, on to which the company must comply to be granted permission, may contradict with the proposals of the intended company’s development plans (Holder & Lee, 2007). As a result, a contract has to be put in place between the law enforces to ensure that all the aspects are taken into contemplation; hence avoiding future skirmishes or environmental degradation of an area. On the other hand, the company may have a higher advantage in the overall economic growth despite a number of conflicting aspects with the set rules and acts to protect the environment. This leads to the situation where the authorities have to weigh both of the options, development benefits and effect on the environment, to come up with a conclusive decision on what should prevail according to framework policies. There a number of aspects of a development strategy, that includes large building and land in use, which requires planning permissions to legalize the proposed development. The initial stage the management of the development proposal is to ensure critical analyses of the issues and laws of the involved authorities governing development in the area, which in case of large building affects the land, environment legal requirement, and infrastructure. Likewise, the authority has to access and analyze the factors that are to help in the decision towards granting permission for the proposed development project. As a result, the company behind the proposed development plan should extensively deal with all the aspects stipulated in the framework policies by the authority to increase chances of being granted the permission to go ahead and plan. Aspects of Sirocco Proposed Development That Require Plan Permits The case of Sirocco Wind Energy Ltd (Sirocco) involves the compliance of its development proposal on the derelict industrial land to the policies set by the Wykeville local authority. This compliance report and the effect of the development project will be used to permit or decline the move by the company to start a wind energy plant on the derelict industrial land that has an existing dockyard locate on the outskirts of the Wykeville town. The company is to build a large energy production plant that is to use large wind turbines; hence will require a large space of land abolishing the existing buildings and natural inhabitants of the derelict land proposed. Consequently, there are a number of aspects that the company will require permits for them to start planning on the development process. The aspect of the company to start the development place in the derelict land requires a permit from the local authority policies and the land act on the unused lands (Nolon, 2006). The company has to be allowed a permit to utilize the abandoned and unused land in the area for the purpose of development. The plan to construct a test facility, which is to occupy a considerable large require the permission from the land authorities contained in the Wykeville local authority policies on land in accordance to the government’s policy. On the other hand, the company has proposed the demolition of two historic buildings the area that are the warehouse built in 1865 and a recorded grade II pumping house constructed with bricks in the year 1870. The Wykeville authority has a policy E 36 on maintaining the existing buildings on the site of developments. Consequently, the company has to be approved permission on its plan on demolishing the historic building to create space for the power plant buildings. In addition, the site touches the dockyard; hence, to convert part of the dockyard location, relevant consent by the local authority has to be granted for the company to plan on how to reconstruct part of the dockyard. The company has an intention of constructing a waste recycling plant on the dock yard and the reaction of the mobile phone mast require the consent of the local authority as well as the environmental organizations that enforce environmental laws. The effect of the waste recycling plant may have an adverse effect to the environment and the plan has be legally approved as stipulated in the Wykeville policies on conserving the natural environment. Authority policy number G 30 orders that the initial use of the land prevails in case of a development proposal, consequently, the company has to be granted permission to plan for the erection of the recycling plant and recreational facility on part of Queen Anne Dock. The construction of the company is to involve heavy vehicles transporting building materials to the site whereby the local roads will be their means. Consequently, the sirocco power company has to be allowed to use the local roads by the local road safety group because of the possible effect that heavy tracts have on the road. On the other hand, the company plan commencement on erecting the building’s solely depends on the permit by the Wykeville conservation trust entrusted to ensure the conservation of natural inhabitants and resources that is stipulated by the policy number NC 1. Factors to Be Considered By Wykeville Planning Committee towards the Decision on the Proposal The planning committee selected and commissioned to decide on the fate of sirocco company proposal will be base the aspects on a number of policy interpretations and factors as stipulated in the Wykeville development framework policies. The judgment has to be fair to the company proposal on erecting the wind generating plant, the well-being of the inhabitants, and the economic development of the locality. Factors Related To the Rule of Law The planning committee of Wykeville must put into consideration the rule of rule of law set up by the local development framework policies. According to the policy number C9, it is ordered that the telecommunication networks have to preserve the nature and take into considerations the interest of the area within which the company is to operate. The proposed election of the mobile phone act is speculated to cause electromagnetic field rations that are likely to cause the health complications to the natural habitats and human beings around the region. However, the rule of law set by the authority permits the construction of the telecommunications networks as long as the investors take the precautions against the possible side effects to the development of information technology. Policy number E1 advocates for a development proposal geared towards enhancing the natural as well as the cultural heritage of the region under consideration. In this case, the company does not uphold this policy, which the committee has to consider when delivering the final decision. The policy number E 8 orders the consideration of a project that will maintain the view of the river, decrease the river’s flooding risks, and maintain the accessibility of the river water by the inhabitants. The company is to use part of the dockyard area; hence a possible reduction of the river’s view and accessibility by the citizens depending on the river. The company is to demolish the historic buildings of the derelict land that is against the policy number E 39 that orders that the listed buildings has to remain intact or else refurbished in accordance to their original designs and architecture. The rule of law further describes that the abolition of the listed buildings are to take place in only exceptional cases whereby the company or development proposal has to come up with detailed report towards the uneconomical repair efforts. Sirocco Company plans to demolish the two listed historic buildings without any explanation or report of on the buildings, which is an extensive breach of the policy stipulated by the local development policy. Consequently, the planning committee has to reflect the factor of ignorance towards the rule of law because despite the company well awareness of the procedure involved in abolishing a listed building, they decide to ignore the policy and decide on demolishment without any explanations on the move. The company proposals changes and abolish all the original land use, which contradicts the policy number G 30 that commands the conservation of the existing land use and ensuring that the proposed use by company is compatible with the existing use. The scenario of Sirocco Company is totally against this rule of law because the use of the land is to harbor plants and butterflies that have existed in the region for a long time while the company focuses on using the land for power production. The two land uses are completely incompatible, which means that one of the uses has to prevail and the other neglected. Environmental Factors The environmental policies and bodies enforcing the various laws are always alert to ensure that investment does not override conservation of the environment (Niessen, p. 135). The sirocco company has a number of positive and negative contributions towards the environment of the proposed site. Considering the negative effects, the company is likely to case noise pollution to people living next to the company’s proposed site from the trucks transporting construction materials. The erection of the company will have o eliminate all the butterflies and plants on the site proposed depriving off the rare butterflies found in the area. The proposed waste recycling plant is speculated to release bad odor to the surrounding casing air pollution. Similarly, the mobile phone mast endangers the health conditions of the people living around the area. On the other hand, the company has a considerable effect on ensuring that the environment is kept clean including the town of Wykeville through the construction of the waste recycling plant. Putting into consideration that the town has an inadequate capability to handle waste in the town, the committee has to evaluate and put into consideration the importance of the waste product disposal factor in deciding whether to accept or decline the proposal by sirocco. The committee has to consider the influence of the development on floods assessing whether it will help or worsen the condition. Economic Development Factors The planning committee entrusted to give the verdict on the sirocco company proposal has to consider the development that the company will bring to the region despite the contradicting approach of the company to the policies set by the Wykeville local development framework. It is estimated that the company will lead to the economic growth in the region and an increase in job opportunities. Taking into considerations that the area has a considerable unemployment rate, the local authority planning committee should consider this highly prioritized factor by the law more than all the others that are against the rule of law and the environment because the economic growth eventually leads to more capability of handling environmental factors (Revesz, Sands & Stewart, 2008). The region is classified as derelict land, which means that the land is not used in any profitable way that would lead to development. The policy number G 14 strongly stress on the approval of proposals of converting un under used land to a more productive asset whereby policy number G 17 upholds decisions towards achieving the maximum benefit from the land regardless of other circumstances. Referring to Infrastructure, Sirocco Company has a large amount of capital to invest into the infrastructure improvement in the region. The proposal introduces new recreation centers. Consequently the committee should consider the development outcome that would result from the comply compared to the current situation Hume Right Factors The residents of the region have rights to demand for a quiet and mind friendly environment. The proposal has a possibility of causing noise around the area that is located opposite to the site of the company. The resident’s claims should be put into considerate by the committee to come up with a communal decision and not only the decision based on law facts only (Matthews, 2011). Cultural and Historical Factors The planning committee should come up with the benefits for the listed buildings compared to the overall company’s outcome. The fact that the two listed buildings in this case study are important to the area, the company may have more benefits than the historical and culture conservation by the authority policies. The company is estimated to attract more people into the region. Although the law orders that the proposal should conserve the historic and cultural nature of the region, the factor of relative influence is main for the committee to decide on granting or denying the proposal permission. Actions Necessary for Sirocco to Increase Plan Permit Guarantee The decision of the local authority on granting permission to sirocco depends on the effective compliance with the Wykeville local authority framework through a number of actions that will enable to bridge the gap that the rule of law and other factors involved may find the company proposal unfit. Actions are taken because the success of any company that is involving legal and the environmental has to satisfy al on equal basis to be regarded viable. Sirocco should ensure that a comprehensive report is written in their decision to demolish the listed historic buildings stating the impractical nature of efforts to repair the buildings, which will ensure that the company complies with the rule against demolition of existing buildings without a valid reason and evidence. The company should ensure that the proposal includes a report indicating the design of the buildings near the dockyard minimal effect on the river view, easy access of the peoples of the area to the river, and ensure that they put strategic plans to control future floods caused by the river. The company should go ahead and comply with the Wildlife and Countryside’s Act of 1981 and the habitats Regulations of 2010 through taking measures that will reduce noise pollution and disturbance among the citizens. In addition, the company should come up with a strategy indicating alternative habitats that can sustain the population and rare butterflies in the region (Lenschow, 2012). The company should come up with alternative ways of controlling flood that faces the area instead on focusing on building new structures on the areas prone to floods. The infrastructure proposal should contain the road networks, which will improve industrial and commercial growth, reduce the time taken too travel, and reduction in accidents. Proposal should include contour measures to ensure that the nature conservation of the proposed site are put in place and ensuring that the possible emissions of electro-magnetic field radiations from the mobile mast are effectively controlled to maintain a healthy and conducive human environment. The establishment of close relationship with the people of Wykeville may enhance the chance of the company to be granted with permission on planning the proposed development in the region. Ensuring that the people are assured of a safe environment and an economic growth using human relations personnel can play a significant role in enhancing possible permission grant. The establishment of a new company in a derelict land may have more advantages on the economic growth and on the same time have more disadvantages towards the environment conservation. Consequently, there ere is need to apply and interpret set policies on proposed development projects through the assessment of various factors, rule of law and aspects to determine law compliance of the company and adherence to the environment laws in safeguarding the environment. Bibliography Niessen, N. 2006. Environmental Law in Development: Lessons from the Indonesian Experience. United States, US: Edward Elgar Publishing. Revesz, R. L., Sands P. & Stewart R. B.2008. Environmental Law, the Economy and Sustainable Development: The United States, the European Union and the International Community. United Kingdom, UK: Cambridge University Press. Holder, J. & Lee, M. 2007. Environmental Protection, Law and Policy: Text and Materials. United Kingdom, UK: Cambridge University Press. Matthews, D. 2011. Intellectual Property, Human Rights and Development: The Role of NGOs and Social Movements. United States, US: Edward Elgar Publishing. Nolon J. R. 2006. Compendium of Land Use Laws for Sustainable Development. United Kingdom, UK: Cambridge University Press. Lenschow, A. 2012. Environmental Policy Integration: Greening Sectoral Policies in Europe. New York, NY: CRC Press. 2012 Read More