LAW FOR THE BUILT AND NATURAL ENVIRONMENT (DIRECT ENTRY)

SHE Level 3
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M3M122809
Module Leader James Connolly
School Glasgow School for Business and Society
Subject Law
Trimester
  • A (September start)

Summary of Content

This module is designed to give student wide perspective of legal matters affecting the built and natural environment that are often taught separately, based upon a theme of property rights and contractual statutory rights as they relate to land, water, and neighbouring interests and rights. Content will include the nature and types of property rights; the processes of creation and transmission of property rights in the built and natural environment; leases; title conditions; tenement properties; the planning process; standard forms of construction contracts; and rights and duties. PRME related issues covered in this module specifically relate to environmental planning law obligation that relate to sustainability and climate change.

Syllabus

Part A 1) 8 types of property rights; ranking of property rights; types of ownership 2) Public Rights to land, water, minerals. Neighbours and nuisance. 3) Feudal system and abolition of feudal system. 4) Title Conditions; Servitudes; 5) The Law of the Tenement 6) Missives and registration 7)) Prescription, rectification, Land Registration etc. (Scotland) Act 2012 8) Deeds and links in title 9) Securities, Matrimonial Homes, Property Certificates 10) Leases 11) Commercial leases . Part B 1) Introduction- Planning Law 2) Development control; Use classes; Decisions; Appeals; Enforcement 3) Introduction to Environmental (law) 4) Environmental impact assessment; contaminated land 5) Introduction to construction law: types of standard contract; 6) Statutory regime; payment and notices, 7) Adjudication. 8) Design Responsibility; Professional negligence 9) Rights and duties of employers in construction contracts; 10) Rights and duties of contractors; 11) Health and safety file.

Learning Outcomes

On successful completion of this module, the student should:1) Be able to demonstrate an understanding of the fundamental overlapping issues and principles of law that affect rights holders in relation to the built and natural environment2) Be able to demonstrate an understanding of the fundamental theoretical issues and principles of law that affect the transfer of ownership of land and the exploitation and conveyance of property rights;3) Be able to evaluate correspondences and differences in the inter-related structure of property rights, contractual rights and statutory right4) Be able to evaluate correspondences and differences in the inter-related structure of legal duties, contractual | statutory, which affect people in the built and natural environment.5) Be able to evaluate the effectiveness of legal concepts in performing specified function.PRME- Learning Outcome.6) Be aware of research that advances their understanding about the role, dynamics, and impact of corporations in the creation of sustainable social, environmental economic value, particularly as regards planning and environmental legal issues.

Teaching / Learning Strategy

Traditional strategy of lectures, supported by handouts and directed reading, augmented with audio visual materials via GCU-Learn. Fortnightly seminars reinforce lecture material by engendering class discussion on preset questions related to lecture materials. In order to encourage contribution by student in seminars there shall be a max of 10% to be gained in 1% increments per seminar, which counts towards the summative module mark. Seminars in Trimester A will involve group presentations involving team work and collaborative research on significant case law and statutory recent developments. Feedback for coursework will be carried out by on-line marking and personalised comments through the Turnitin facility. Feedback will be given on the spot as regards seminar contribution, recognising such facets as preparedness, relevant engagement with seminar leader and fellow students, intelligent and critical legal thought as regards conceptual issues. Internationalisation: Teaching of the module shall set Scots, UK and EU law as appropriate in an international context. Feedback will be provided to students as follows: -360 1. Students provided with feedback within three weeks of submission of all summative assessments providing information on strengths and weaknesses and suggestions for corrective action to be applied in future submissions. 2. The virtual learning environment site shall be used to feedback overall performance by student for all summative assessments highlighting overall strengths and weaknesses. -360 3. Discussion board used to encourage teacher and peer-to-peer dialogue. Student feedback on teaching, learning and assessment will be sought at the end of the semester through a module evaluation questionnaire.

Indicative Reading

Text Books Brand, Steven and Wortley, Professor McDonald's Conveyancing Manual. (8th Ed.) Bloomsbury Professional, June 2012. Cockburn, Commercial Leases, Butterworths, 2002 Gordon, Scottish Land Law. (2nd Ed.) W. Green, 1999 Gretton & Reid, Conveyancing, (4th Ed), W. Green, 2011. Guthrie, Scottish Property Law. (2nd Ed.) Tottel, 2005 McAllister, Scottish Law of Leases. (3rd. Ed), Lexis Nexis, 2002 Paisley, Land law. W. Green, 2000 Reid The Law of Property in Scotland. Lexis Nexis, 1996. Reid, The Abolition of Feudal Tenure in Scotland. Lexis Nexis, 2003. Rennie, Land Tenure and Tenements Legislation, (2nd. Ed) W. Green, 2005. Connolly, Construction Law, W. Green, 1999. Jackson, G. An Introduction to Construction Law in Scotland, W Green. 2010 Collar, N Planning law, W.Green, (3rd Ed) (2010) Bell and McGillivray, Environmental Law, OUP, 2008 Garner's Environmental law (Electronic resource, Lexis-Butterworths) -567 Online sources: Stair Memorial Encyclopedia

Transferrable Skills

By the end of module students should have gained competence in the following key areas: Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of aspects of student work. Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus upon key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. Numeracy, Information, Technology and Teamwork Where relevant and as the basis for argument, the ability to then present and evaluate information provided in numerical or statistical form. The ability to then produce and present in an appropriate form a word-processed essay or other appropriate format.

Module Structure

Activity Total Hours
Seminars (FT) 11.00
Lectures (FT) 44.00
Assessment (FT) 80.00
Independent Learning (FT) 65.00

Assessment Methods

Component Duration Weighting Threshold Description
Group Presentation. n/a 25.00 35% Group Presentation.
Seminar Contribution (Ongoing) n/a 10.00 35% 10 Hours on-going seminar contribution
Exam (Exams Office) 2.00 40.00 35% Exam
Coursework 2. n/a 25.00 35% Essay