Environmental Law and Planning
| Module title | Environmental Law and Planning |
|---|---|
| Module code | LAW3142 |
| Academic year | 2020/1 |
| Credits | 30 |
| Module staff | Dr Catherine Caine (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 | 11 |
| Number students taking module (anticipated) | 30 |
|---|
Module description
The protection of the environment is becoming the pivotal policy concern of our age, and the manner in which law plays a vital role in influencing policies and addressing environmental disruption, will be of integral importance. In this module you will be provided with both a theoretical and practical foundation in environmental law and planning, and you will also reach beyond and delve into the critical and substantive issues affecting its regulation today. How can we understand the role of law in the protection of the environment? What role does justice play in managing the commons? What are the key developments and cases in the national planning framework? How is the pressing concern of climate change dealt with on an international level, and are prevention measures enforceable? These questions and more will be posed, allowing you to interrogate some of the pivotal global predicaments of our time, always in terms of law’s response. You will be in direct contact with the main issues in national, supra-national and international environmental sector regulation, environmental justice, and critical perspectives surrounding debates in environmental regulation and planning.
The module will be an optional module on the second year and third year of the LLB and is suitable to non-specialist students. It is recommended to those wishing to specialise in environmental and planning law in the future, and also those who wish to gain a greater interdisciplinary understanding of environmental regulation and critical issues in environment and planning overall.
Module aims - intentions of the module
This module aims to introduce you to environmental law and planning law. The first term will offer an overview of basic environmental law principles by considering national and European legal responses to managing global commons, the history of the development of environmental law, and the values and principles that have shaped this newly evolving discipline. Given the focus on both theoretical and practical issues in environmental regulation and planning, the first part of this module also provides you with a sound grasp of cutting edge debates on the role of habitat protection and natural resource management, the role of human rights in environmental law, the concept of Earth jurisprudence, and the problem of marine spatial planning. It also puts you in contact with innovative concepts of space and geography, through research on stewardship and spatial justice. The second term will be devoted specifically to planning law, its practical elements, and its impact on the environment. Within this, the abstract concepts and principles learnt in the first term will be applied to the process of planning law and the law of environmental impact assessment.
The module seeks to provide you with the foundations of both theoretical and empirical knowledge of environmental law and planning policy, as well as equipping you with an understanding of the contemporary theory, debates and critical issues in, and perspectives on, environmental regulation and planning.
The module allows you to contextualise abstract debates in specific realities and, vice versa, to develop theoretical reflections from selected topics. This will be achieved through an exploration of the philosophical and historical background and of the main ethical perspectives underpinning the development of environmental law, coupled with in-depth practical planning coverage. In order to enhance the theory-practice interplay, links with local Devon environmental sustainability initiatives will also be drawn on in order to allow you to observe stewardship, environmental and planning regulation in action. The involvement of local initiatives would be a great experience for any up and coming planning or environmental lawyer.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate detailed/comprehensive knowledge of the law relating to environmental and planning law and a substantial range of major concepts, values and principles relevant to its application;
- 2. Demonstrate critical awareness of a wide range of social and contextual implications of the areas of environmental and planning law studied;
- 3. Compare, analyse and synthesise the principal rules and theories relating to environmental law and planning;
- 4. Identify, explain and critically evaluate key issues in environmental law and planning and to apply relevant rules and theories;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 5. Demonstrate detailed/comprehensive knowledge of legal concepts and their contextual/social/political implications;
- 6. Select, integrate and present coherently and reflectively, relevant law and legal/theoretical arguments
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 7. Communicate and engage in debate effectively and accurately, in a manner appropriate to the discipline/ different contexts;
- 8. Identify, retrieve and use efficiently a range of resources with minimum guidance; and
- 9. Work independently and to manage time efficiently in preparing for scheduled learning activities and assessments.
Syllabus plan
While the module’s precise content and syllabus may vary each year, it is anticipated that it will cover the following topics :
Foundations of Environmental Law
- Definitions, History
- Values, Principles and Philosophy
- Sectors, Sources and Institutions
- Regulation, Compliance and Enforcement
Critical Perspectives in Environmental Law
- Habitat Protection and the Ecosystems Approach
- Human Rights and Environmental Law
- Earth Jurisprudence: Law, Animal, Ecology
- Marine Spatial Planning and the Future and Environmental Law
Introduction to Town and Country Planning
History and Ideologies
- Planning Authorities, the Localism Act 2011 and the National Planning Policy Framework (NPPF)
- Defining Development: The Need for Planning Permission and General Permitted Development
- Defining Development: Change of Use and Operational Development
- Planning Conditions, Planning Agreements and Planning Gain
- Appeals, Judicial Review and Enforcement
Environmental Impact Assessment (EIA)
- Introduction to Environmental Impact Assessment and its History
- The European Requirement of Environmental Impact Assessment
- The Application of EIA in English Law
- The Trump Golf Case Study
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 53 | 247 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning & Teaching Activities | 44 | 22 x 2 hour lectures |
| Scheduled Learning & Teaching Activities | 9 | Workshops - 6 x 1.5 hour (3 per term) which will involve student-led individual and group work, with guidance and intervention from a tutor |
| Guided Independent Study | 108 | General reading for the module |
| Guided Independent Study | 54 | Workshop preparation |
| Guided Independent Study | 85 | Assessment preparation |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay plan | 1,000 words | 2,5-8 | Individual written feedback |
| Multiple-choice test | Forty questions | 1-9 | Self-marked with group feedback |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 50 | 3,000 words | 1-8 | Individual written or oral feedback. General feedback highlighting common errors. |
| Essay | 50 | 3,000 words | 1-8 | Individual written or oral feedback. General feedback highlighting common errors. |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay(3,000 words) | 1-8 | August/September Re-assessment period |
| Essay | Essay(3,000 words) | 1-8 | August/September Re-assessment period |
Indicative learning resources - Basic reading
Essential Text Books:
Planning Law – A practical approach – Victor Moore (Oxford - 12th ed.)
Bell and McGillivray and Pedersen, Environmental Law (Oxon, 8th ed, 2013)
J. McEldowney, and S. McEldowney, Environmental Law, (Pearson Education, 2010)
Recommended Text Books:
Coyle and Morrow, The Philosophical Foundations of Environmental Law: Property, Rights and Nature, (Hart Publishing, 2004)
Holder and Lee, Environmental Protection, Law and Policy, (Cambridge University Press, 2nd ed, 2007)
Holder and McGillivray, Taking Stock of Environmental Assessment: Law, Policy and Practice, (Routledge-Cavendish, 2008)
Sands and Peel, Principles of International Environmental Law, (Cambridge University Press 3rd edn, 2003)
Sample Journal Articles:
G. Hardin, “The Tragedy of the Commons”, (1968), Science, 162, (3859), 1243
Howarth, "The Progression towards Ecological Quality Standards" (2006), Journal of Environmental Law, 18 (1), 3
MacRory, R. "Regulating in a Risky Environment" (2002), in Current Legal Problems, 54, 619
Rose, “The Comedy of the Commons: Commerce, Custom and Inherently Public
Property” (1986), University of Chicago Law Review, 53, 711
Tromans, "Defining Recycling" (2004), Journal of Environmental Law 16 (1), 80
Indicative learning resources - Web based and electronic resources
Web based and electronic resources:
Electronic journals and databases such as EUR-Lex, West law, Lexis Nexis, Hein Online etc.
WEBSITES
www.planningresource.co.uk - The Website of Planning, the journal of the Royal Town and Country Planning Institute. Best source of regular planning news.
www.planningportal.gov.uk - Provides Government information on the planning system etc
www.planning-inspectorate.gov.uk - The website of the planning inspectorate, whose inspectors hear appeals.
www.rtpi.org.uk - Website of the Royal Town Planning Institute, the professional body of the planning profession.
www.idea-knowledge.gov.uk - Website of the Planning Advisory Service. The service aims to give planners help.
www.tcpa.org.uk - Website of the Town and Country Planning Association. The site contains extensive resources relating to city, regional and environmental planning.
www.jncc.defra.gov.uk– Website of the Joint Nature Conservation Committee. This site contains extensive details of onshore and offshore areas that have been designated under European law.
Indicative learning resources - Other resources
Those provided for and distributed to the students by the ESI and local environmental initiatives collaborated with.
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 6 |
| Available as distance learning? | No |
| Origin date | 17/02/2013 |
| Last revision date | 24/07/2020 |
