Wednesday 21 January 2009

Statutory Nuisance

Statutory Nuisance comes under the Environmental Protection Act 1990 Part 3.
It is a piece of legislation that governs environmental problems such as noise and dust etc.
If a problem is encountered then the first step is to contact the environmental health officer at the relevant council. He is under a legal obligation to investigate the complaint. If he believes there is a genuine complaint he will write to the offending person/company outlining the problem and giving them 21 days to remedy it. If the person or company complained about disputes the claim then they can appeal against the notice.
If the problem is not resolved within 21 days or an appeal is received then the officer may serve an abatement notice requiring them to take action, and giving them a further 21 days to conform. Again an appeal against the notice can be made through the magistrates courts.
If after 21 days the complaint has not been resolved or an appeal to the magistrates received then a fine of up to £20,000 can be levied against companies or a fine up to £5,000 against individuals
The magistrates can, sometime offer compensations to the person that has been wronged. The magistrates court are guided by
1. Nature and location
2. Time and Duration
3. Vitality of activity.

Sources
http://www.opsi.gov.uk/ACTS/acts1993/ukpga_19930040_en_1
http://www.southampton.gov.uk/environment/environmentandpollution/publichealth/noiseinfo/ststnuis.asp
http://www.easington.gov.uk/services/commercialenforcement/4-5371.asp

Tuesday 25 November 2008

Debate that took places on Tuesday 11th November 2008

Debate that took place on Tuesday 11th November 2008.
Topic under debate: that the conservation of the natural environment has greater importance than economic growth.

Summary of my individual argument.
For this debate I was on the side of the house which believes that economic growth is more important than conserving the natural environment.
I do support the notion of conserving the natural environment but it cannot get in the way of economic growth. Although some people are concerned about the impacts of economic growth on the environment, in fact localized environmental effects are minor.
The proposed Marina to be built on Falmouth Docks is an excellent example. The United Kingdom as a whole are short of berthing for boats so this makes this a necessary expansion (this information was obtained in a brief conversation with a member of staff at Weymouth College Open Day in 2006). Indeed the Falmouth Marina Management have been turning away yachts recently because they have no more space. (http://www.falmouthpacket.co.uk/search/1602429.Councillors_back_docks_plan).
On a local basis the Marina is a good idea is because it will bring tourists to Falmouth which will have long term benefits on the town economy. By bringing tourists into the Marina they will spend money in the shops, restaurants and bars. For the Marina being built there will also be associated business spin offs such as sail makers, chandlers, riggers and hotels. http://www.falmouthpacket.co.uk/search/1815686.Multi_million_pound_docks_revamp_to_begin_with_marina_permission/)
The new Marina will continue the Falmouth Maritime history but it will bring it into the 21st century with a state of the art Marina with three hundred berths. The need for berthing has been show in the fact that all three hundred berths have all ready been sold before construction has taken place. (This information was obtained in a brief conversation with a member of A&Pin 2009).
Not only that, but it will be built on a brown filled site which at the moment looks run down and untidy. (This information was obtained in a brief conversation with a member of A&P 2009).
Apart from improving the environment there is plenty of space for a three hundred space car park with buildings housing shower and changing facilities as well as Marina offices. http://www.falmouthpacket.co.uk/search/1815686.Multi_million_pound_docks_revamp_to_begin_with_marina_permission/)
This project is part of a well consulted five to ten year plan to relocate ship repair facilities at the Docks. A&P Falmouth Management have also assured Falmouth Town Council that there will be no reduction in shipyard work at all. (http://www.falmouthpacket.co.uk/search/1849845.Falmouth_docks_marina_manager/)

Falmouth is in a part of the country which has limited employment and therefore poor social conditions for some local people. It is in a region which receives Objective One funding because of it’s deprivation because the gross domestic product (GDP) per head is at or below 75% of the community average (http://ec.europa.eu/regional_policy/objective1/regions_en.htm). This is why tourism is so important to Falmouth and Cornwall as a whole. Also, research by the Cato Institute (2007) has found that happiness increases with a higher GDP per head. Again another reason for this economic growth.


References Page
(http://www.falmouthpacket.co.uk/search/1602429.Councillors) date accessed on 08/11/2008

(http://www.falmouthpacket.co.uk/search/1815686.Multi_million_pound_docks_revamp_to_begin_with_marina_permission/) date accessed on the 08/11/2008

http://www.falmouthpacket.co.uk/search/1815686.Multi_million_pound_docks_revamp_to_begin_with_marina_permission/) date accessed on the 08/11/2008

(http://www.falmouthpacket.co.uk/search/1849845.Falmouth_docks_marina_manager/) date accessed on the 08/11/2008
^ In Pursuit of Happiness Research. Is It Reliable? What Does It Imply for Policy? The Cato institute. April 11, 2007 accessed on the 25/11/08







Key Debating Points
Topic under debate: that the conservation of the natural environment has greater importance than economic growth.
The key debating points for the above are as follows:

For
· Moral issue of sacrificing the environment for economic gain.
· De-forestation.
· Over fishing, i.e. how we over fish meaning that sooner or later we will run out of fish.
· Over use of alge.
· Dredging the Falmouth Harbour to make it deeper so that cruise ships can get in.
Against
· The building of the 300 berth Dock Marina
· Dredging the Falmouth Harbour to make it deeper so that cruise ships can get in.
· Heathrow and Stansted airport expansion.Golf Course to be built on Scotland coast line, by Mr Trump











Evaluation of the Debate

Preparation
One of the biggest mistakes made by my group was not allowing enough time for preparation. More research into the subject could have been made.
Delivery
Delivery of the argument was really good and a strong case was made. Also I liked the way in which we worked as a team and helped out on every subject.
How the Group worked together
I thought that the group worked very well together, in that we had not gone through our debate before we presented the argument. I thought that the argument that we put across was very strong and straight to the point. The only thing which I thought was bad was the lack of planning as a group.

Understanding of complex issues
At first I found it very hard to understand what the debate was about. To solve this I did some back ground reading into economic growth which helped clear things up. Also I found it hard to find some good information about the 300 berth marina to help back my argument.
Ideas for the future
In future I would do a lot more planning in what I was going to say and I would meet up with my group to plan the running order and what every one is going to talk about. I would also carry out more back ground reading into Marina developments.