Philosophy, Theory, and Ethics in Property - Essay Example

Philosophy, theory and ethics in property It is well established that there is acute lack of affordable housing in countryside and rural communities,at the same time property prices are escalating beyond the reach of many people who work locally and whose families have formed part of the community in that area for generations. At the same time it is worth noting that all areas of traditional housing are frequently associated with other buildings like factories, schools, mills, and public buildings that assign a local identity of the same period, and there may be conflict of interests while converting these for commercial purpose. It may be noted that the decline of traditional industries and population drift has left many properties surplus to requirement. Dilapidated and unmanaged empty buildings naturally create an atmosphere in which crime and vandalism can flourish; making the neighbourhoods less popular. Where older buildings have outlived their useful life demolition is the only viable option to provide more promising areas with the green spaces and rooms for parking, which is the modern requirement. Though it is essential to build new homes or business establishments, we must utilise the existing stock and provide opportunity to continue the business and job opportunity to the original occupants. Encouraging a mix of uses is the core of sustainable and vibrant communities as people living in town centres bring custom to shops and other businesses which will prevent the empty space becoming deserted and potentially unsafe at night. In this context private sector can play an important role in constructive utilisation of land, property, and resources to deliver better service to the society. When considering a property for development and converting into retail commercial units the potential for conflict of interest between commercial and residential use needs to be considered. Once the property has been identified the developer will need to carry out a basic feasibility study, looking at the likely costs against expected revenue and increase in property value, to determine whether or not the scheme is going to be financially viable. Service of residential agents can provide individual inspections of buildings, feasibility report for viable conversion, and help bring empty properties back into use. An application for listed building consent has to be submitted to the local planning authority before going for changes that affect character of the building and the premises. It is also necessary to adhere to local guidelines on demolition of old buildings, taking prior permission from the authority and stake holders, if any, and approving development plan. There is a growing importance for regional level planning due to growing scale of daily life, particularly in the major urban regions; the increasing need to integrate planning of urban and rural area; and more pluralistic societies. It may be seen that along with population growth there is increasing demand for mobility, accessibility, and redefined quality of place, which necessitate more effective planning aimed at nature preservation, water management, sustainable environment, and cultural heritage. Societal developments are now connected with international developments and a new balance is needed between city and countryside, between nature and landscape, between infrastructure and environment, and regional and international development. An integrated approach to sustainable development will enable efficient, effective, consistent, and coordinated input plans and strategies to address rural issues that incorporate natural, built and historic environment into the strategies and plans. "The Planning and Compulsory Purchase Act 2004 introduces fundamental changes to the planning system" (van den Berg, 2005). It necessitates spatial structure of vital, but uncontrollable, metropolises to be improved for accommodating multicultural/multiethnic populations, new economic systems, and modern lifestyles. Thus, major actors involved in spatial planning range from government bodies, corporate actors, and civic societies to environmental and political movements. In such a situation more flexible, supportive, and innovative strategic planning and interactive working will be more effective in implementation of spatial planning. The European Consultative Forum on the Environment and Sustainable Development was established as a consultative body by a Commission Decision in 1997 (97/150/EC) within the framework of the Fifth Action Programme "Towards Sustainability". Its purpose is to advise the Commission on policy development and to provide a bridge to different sectors of the European society" (Kampmann, 1999). In their report UK Spatial Planning Department stress that: "The increasing divergence between local policies driven by community wishes and national policies driven by global concerns is of particular significance. The regional level emerges as an appropriate one at which to mediate between local and national interests. Other influential factors promoting regional planning are the pursuit of sustainable development; changes in planning practice as exemplified by the European Spatial Development Perspective; and the persistence of regional disparities" (Zetter, 2004, p.5). The report also states that the classical survey/analysis/plan sequence in plan preparation has now been replaced by a participatory, objectives achievement approach, backed up by performance measures, regular monitoring and review. Planning with land use focus and sustainable development has become mandatory part of the new regional spatial strategy in UK. General principles on spatial development, among other things, emphasize conservation of the rich territorial variety of Europe, respect of ecological equilibrium between natural and anthropic systems, etc. Government is also committed to green belt policy and will enhance green belt land y encouraging local authorities to identify ways to raise its quality and utility, for example by improving its accessibility, biodiversity, and amenity value. As such, property developers have to be cautious with the new guidelines given in European Spatial Development, before attempting any new constructions in urban areas, which involve green belts. In the present case, it has to be noted that the area being considered for development was a derelict industrial unit and the local inhabitants proposed to develop it into Community Park under social landscaping scheme. This situation requires thorough investigation, on the basis of documentary evidence and title to the property, to ascertain why an industrial area is being converted into social conservation plot, before starting any demolition. Whenever a major new construction or remodelling project is undertaken it is necessary to allocate the project costs between the various asset classes. To analyse the project in detail, first collect all pertinent documents such as, drawings, specification packages, payment invoices etc, and tour and photograph the location being analysed. On further scrutiny of the case it derives that either actual owners to the property were ignoring upkeep of the property or there has been public intrusion. Absence of an estate manager or control over the property after closure of the factory led to converting part of the factory into a community centre and move for landscaping by the locals. From the description that the residents are single parents and individuals of small background clearly highlights the volatility of the locales and necessity for caution in dealing with them. As a member of IRCS engaged in property management it is necessary to adhere to moral ethics and code of conduct while dealing with clients and other stake holders. Rule 18 of the Rule of Conduct (conflict between the member's interest and a client's interest), states that where a conflict arises or may arise between a Member's interests or those of any associate of his and the interests of his clients, a Member shall consider whether or not he or his firm is prepared to act or continue to act for that client and, if he decides to act or continue to act, he shall: (a) disclose to the client at the earliest opportunity the possibility and nature of the conflict, the circumstances surrounding it and any other relevant facts; (b) advise him in writing to seek independent advice on the conflict; and (c) inform the client in writing either that he and his firm are not prepared to continue to act for the client in this capacity or that he personally or his firm cannot act or continue to act for him unless thereafter: (i) The client requests him to do so unconditionally; or (ii) Subject to specified conditions that the Member has put in place arrangements for handling the conflict which the client has approved in writing as acceptable to him. (Professional ethics guidance note: part 2 case studies. 2002). It also necessitates a review of legal consequences that may arise on initiating new developmental plan. It will be the primary objective of the property manager to contact local authorities or reliable sources to identify the real owners to the property and purpose for which the area was earmarked. It also calls for investigation in to any ulterior motive of the property agent, who was responsible for transaction of the contentious property, and whether he or she has adhered to basic ethics and morals of property transaction. Another step will be consultation with community conservation group as there was a move for landscaping part of the property. It is true that government promotes conservation of green belt and maintaining ecological balance is part of spatial development strategies it is also essential to support the justifiable and true intentions of property owner for aesthetic development of a property, which was lying unattended. After establishing clear title to the property proposed for demolition it will be appropriate to inform the current occupants about the proposed plan and serve notice, if found essential, to vacate the premises within specified time. However, maintaining a cordial relation with the neighbours and inhabitants and informing them about the true intention will go a long way in executing the objective of the company. In addition, it is primary to ascertain whether the local residents, retailers and other businesses, community organisations, and other stakeholders shall understand the objectives and implications of the new developmental plan. A formal development plan, document which set out statutory planning policy for the area, will help to embark on the policy framework and consider how the regeneration of the area should be actively delivered and coordinated by the public and private sectors, that is aimed at long-term goal for the future of the area. It requires active consideration of all representations made by the public participants and residents of the area, as well as reuse of previously developed land, mixed-use development, inclusion of communities, and high quality design for the new project. It will involve creative solutions to joined-up problems and building upon existing strengths and projects that meet local needs and prevent migration from the area. Another important factor to be taken care of is the parking area for the new commercial unit. It should not obstruct free movement of residents and customers and accessibility from and to the main road should be strictly according to the local regulations. Developing a community park will be the major positive attraction to the property. It will help preserve existing green belt and provide the residents a comfortable area for spending leisure time. It is also necessary to ensure proper maintenance of the park, which will attract more visitors. This will naturally give more customers and increase sales volume of the traders. The argument of the residents that new commercial activity will negatively affect them is, thus, not substantiated. This is a familiar situation in the conflict between construction and conservation in today's society. Hence, sustainable development of an area should meet the needs of the present without compromising the ability of future generations to meet their own needs. Remodelling and new construction are common in the modern construction sector and it is essential to inform the residents about the benefits of upcoming unit in their locality. Local business and services are likely to help the residents and value of the property will increase after development of the area. A neighbourhood centre could provide convenience shopping for the day-to-day needs of consumers in the immediate neighbourhood. A local shopping centre that attract residents of the area as well as visitors, with sustainable mix of retail, service community, residential uses, as well as improved local employment opportunities will maximise the utility of the new retail centre. By redevelopment of the existing low quality employment premises into a retail outlet it will be a boon for the employment seekers of the area, particularly single parents, who will be in close proximity to their children. Retail and office park consistent with local economic developer priorities, assist new business formation and job creation for residents. A parking area with expanse of land may be appropriate to allow development as there is need for adequate parking in the area. Ultimately the retail units will be the prime attraction for the residents and inspiration for developers of adjoining area. Acknowledgement In the paper preparation, Max van den Berg's comments about the Planning and Compulsory Purchases Act 2004 have been of particular usage. The comments added relevance to the paper and this needs to be acknowledged. "The Planning and Compulsory Purchase Act 2004 introduces fundamental changes to the planning system." VAN DEN BERG, Max (2005). Planning: State of the Profession. [online]. Environmental quality in spatial planning. Last accessed 27 January 2008 at: http://www.countryside.gov.uk/Images/Supplementary%20Files%20-%20envqual_tcm2-26886.pdf Jens Kampmann's The European Spatial Development Perspective also has been especially useful. The purpose of the consultative body established within the framework of the Fifth Action Programme "Towards Sustainability," which is to advise the Commission on policy development and to provide a bridge to different sectors of the European society has been made clear by the source. KAMPMANN, Jens (1999). The European Spatial Development Perspective. Last accessed 27 January 2008 at: http://ec.europa.eu/environment/forum/spatreport_en.pdf John Zetter's book also contributed greatly to the development of the paper as we get valid information about the stress given in the report of UK Spatial Planning Department. The elements influencing the regional planning are very much evident in the reference. ZETTER, John (2004). Regional Planning in the United Kingdom. Ministry of Environment Forest and Nature Agency: Spatial Planning Department. P.5. Last accessed 27 January 2008 at: http://lpa.dk/Topmenuen/Publikationer/Andre_sprog/2004/regionplanlaegning_i_UK_eng.pdf "Professional Ethics Guidance Note: Part 2 Case Studies" also provides valid information to the development of the paper. The information from this source has been valid as it lists all the important provisions for an individual who is in a conflict referred to. This source forms relevant part of the overall development of the paper. Professional ethics guidance note: part 2 case studies. (2002). [online]. RICS. Last accessed 27 January 2008 at: http://www.joinricsineurope.eu/uploads/files_artikels_1/Ethics%20case%20studies.pdf Bibliography KAMPMANN, Jens (1999). The European Spatial Development Perspective. Last accessed 27 January 2008 at: http://ec.europa.eu/environment/forum/spatreport_en.pdf Professional ethics guidance note: part 2 case studies. (2002). [online]. RICS. Last accessed 27 January 2008 at: http://www.joinricsineurope.eu/uploads/files_artikels_1/Ethics%20case%20studies.pdf VAN DEN BERG, Max (2005). Planning: State of the Profession. [online]. Environmental quality in spatial planning. Last accessed 27 January 2008 at: http://www.countryside.gov.uk/Images/Supplementary%20Files%20-%20envqual_tcm2-26886.pdf ZETTER, John (2004). Regional Planning in the United Kingdom. Ministry of Environment Forest and Nature Agency: Spatial Planning Department. P.5. Last accessed 27 January 2008 at: http://lpa.dk/Topmenuen/Publikationer/Andre_sprog/2004/regionplanlaegning_i_UK_eng.pdf Read More