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Article
Publication date: 13 April 2015

Peter S. Defoe

The purpose of this paper is to demonstrate the application of the ratio in Ankerson v Connelly 1906 2Ch 544(Ch) and 1907 1Ch 678(CA) to a modern domestic right to light situation…

54

Abstract

Purpose

The purpose of this paper is to demonstrate the application of the ratio in Ankerson v Connelly 1906 2Ch 544(Ch) and 1907 1Ch 678(CA) to a modern domestic right to light situation and the need for rights of light surveyors to be aware of relevant case law when advising their client.

Design/methodology/approach

This paper adopts a case study approach describing the circumstances of the case, the approach of the appointed experts and the decision of the court.

Findings

The court found for the Respondent in that the Dominant Owner’s property had been altered to create an additional burden upon the Servient Owner and the altered part of the Dominant Owner’s property had not yet acquired an independent right to light through prescription.

Originality/value

This is an unreported case that illustrates the application of a case decided over 100 years ago.

Details

Structural Survey, vol. 33 no. 1
Type: Research Article
ISSN: 0263-080X

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Article
Publication date: 30 March 2012

Peter S. Defoe and Ian Frame

Over the last few years it has been established that there is a need to re‐evaluate the basis of assessment of the sufficiency of daylight, in rights to light cases, where the…

428

Abstract

Purpose

Over the last few years it has been established that there is a need to re‐evaluate the basis of assessment of the sufficiency of daylight, in rights to light cases, where the loss of daylight after obstruction might lead to injunction and/or damages. The purpose of this paper is to further examine whether the methodology used by surveyors, whereby the effect of glazing, window frames and internal reflectance are ignored, is valid and whether theoretical values can be translated into real values obtained through practical experimentation.

Design/methodology/approach

Modern methods of assessment of daylighting, for design purposes, calculate a whole room average as a percentage of available daylight from a Commission Internationale de l’Eclairage (CIE) sky whereas Waldram's methodology, in rights to light cases, results in a contour line marking the series of points in a room where the task lighting, from a uniform sky, would be insufficient for normal use. These two methods appear incompatible and the conundrum is that whilst the courts are seeking to determine adequacy of daylighting to a room, the practitioners need to be able to measure the reduction in a way that has real meaning and can be valued.

Findings

By comparing theoretical results using the Waldram methodology with those obtained using the Building Research Establishment (BRE) methodology and with physical measurements on site and in an artificial sky dome, it can be demonstrated that results using the Waldram Diagram, or the proposed CIEL Diagram, can be translated into real values of daylighting for a room and that these values are more realistic than those obtained through the BRE methodology.

Originality/value

This research (which is ongoing) will be useful to practitioners and the courts in determining rights to light cases and is a significant contribution to the debate initiated in this journal by Michael Pitts some 12 years ago.

Details

Structural Survey, vol. 30 no. 1
Type: Research Article
ISSN: 0263-080X

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Article
Publication date: 8 July 2014

Peter S. Defoe and Catherine Spence

– The purpose of this paper is to establish a methodology by which the impact of trees may be assessed in rights of light cases.

170

Abstract

Purpose

The purpose of this paper is to establish a methodology by which the impact of trees may be assessed in rights of light cases.

Design/methodology/approach

By considering the available technologies and theoretical modelling, the research demonstrated that the loss of daylight resulting from the existence of trees can be evaluated to a reasonable degree such that their effect in rights of light cases may be taken into account by the courts.

Findings

The extent of obstruction to daylight that is caused by trees changes from season to season, i.e. trees grow in height and/or width and deciduous trees tend to lose their leaves during the winter. Measurement of the trees should occur during winter months and reasonable approximations can be made.

Research limitations/implications

Further research is advisable to provide a more complete compendium of tree types and to build a reliable database of transparency values and rights of light software will need to be modified to simplify the calculation process.

Practical implications

The consideration of trees in rights of light cases may be very significant. A dominant owner may be more affected by a proposed development if part of their light is already obstructed by trees and a servient owner may have an argument that existing trees cause a significant obstruction which might, in the right circumstances, reduce or remove the actionability of their proposals.

Social implications

This research will have considerable benefit to anyone contemplating rights of light involving obstruction by trees.

Originality/value

This is the first time that the use of BRE transparency factors for trees has been considered in connection with rights of light.

Details

Structural Survey, vol. 32 no. 3
Type: Research Article
ISSN: 0263-080X

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Article
Publication date: 10 July 2009

Peter S. Defoe

This paper follows the author's previous paper published in Structural Survey (Vol. 25 No. 2, pp. 98‐116), in which certain accepted methodologies, used in rights to light…

615

Abstract

Purpose

This paper follows the author's previous paper published in Structural Survey (Vol. 25 No. 2, pp. 98‐116), in which certain accepted methodologies, used in rights to light calculations were challenged. Now, following publication of the doctoral thesis entitled “The validity of daylight calculations in rights to light cases”, the aim is to examine two aspects of the calculation process – the Waldram diagram and the level of daylight that should be considered sufficient for ordinary purposes.

Design/methodology/approach

First, the mathematics of the Waldram diagram for rights to light cases are compared with the proposed alternative, which recognises a non‐uniform CIE sky as opposed to the artificial concept of the uniform sky proposed by Waldram. Second, the amount of light sufficient for ordinary use is measured in a controlled environment and compared with previous methodologies.

Findings

The proposed diagram more closely replicates the results of real measurements taken in a room, and the amount of daylight that should be considered as being the minimum necessary for ordinary use is likely to be around 2.5 times that currently accepted.

Practical implications

These results demonstrate that advice previously given by experts in court on the sufficiency of daylight to a building is flawed.

Originality/value

While many are questioning the validity of daylight calculations in rights to light cases, this paper establishes the proof that a new approach is required.

Details

Structural Survey, vol. 27 no. 3
Type: Research Article
ISSN: 0263-080X

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Article
Publication date: 5 June 2007

Peter S. Defoe and Ian Frame

The purpose of this paper is to continue the debate started by M. Pitts and P. Chynoweth in previous issues of Structural Survey and examine some specific areas of concern…

1350

Abstract

Purpose

The purpose of this paper is to continue the debate started by M. Pitts and P. Chynoweth in previous issues of Structural Survey and examine some specific areas of concern regarding the methodologies used for calculating loss of daylight in Rights to Light cases.

Design/methodology/approach

Eight specific areas of concern are identified and each of these is analysed in turn, first to establish, where possible, the origin of the current methodology and then to test this against available current thinking.

Findings

There is a reasonable justification for adopting a value of 500 foot‐candles, although this is not in fact the minimum value. The only justification for using a Uniform Sky appears to be mathematical and another, more accurate, sky model could be used. The Waldram Diagram can legitimately be adjusted to any suitable dimensions provided that the measurements are always taken as a ratio of the chart area. There is no justification for using a work surface height of 850 mm, nor is there any evidence of justification for assuming that 1 foot‐candle of light is adequate for normal use but there is justification in legal terms for ignoring window frames, glazing and internal reflectance.

Practical implications

It can be shown that there is a case for reassessing the methodologies currently accepted by the Courts and therefore that there is scope for further research to establish a new more accurate method.

Originality/value

Whilst many are questioning the validity of daylight calculations in Rights to Light cases, this paper takes some of those questions and establishes whether there is in fact cause for concern.

Details

Structural Survey, vol. 25 no. 2
Type: Research Article
ISSN: 0263-080X

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Article
Publication date: 1 December 2005

R.H. Hamilton and Patricia L. Hamilton

Daniel Defoe, best known as the author of Robinson Crusoe, was also an early entrepreneur who late in his life published a business text called The Complete English Tradesman. The…

2055

Abstract

Purpose

Daniel Defoe, best known as the author of Robinson Crusoe, was also an early entrepreneur who late in his life published a business text called The Complete English Tradesman. The purpose of this paper is to argue that The Complete English Tradesman should be given renewed consideration as an early predecessor to the great works in management literature.

Design/methodology/approach

The paper compares the content found in The Complete English Tradesman with topics and content typically found in modern small business management texts.

Findings

The paper finds considerable overlap between Defoe's advice and modern small business management principles. Besides the overall relevant content, the paper also finds unique insights offered by Defoe that could be applied by the modern small business entrepreneur. The paper presents possible reasons why Defoe's work is not widely known today.

Research limitations/implications

Defoe's work may be reflective of the general eighteenth‐century entrepreneurial climate. There may be other related sources of interest, as well as potential parallels between the eighteenth‐century climate and the modern entrepreneurial environment.

Practical implications

A timeless core set of actions may be essential for entrepreneurial success.

Originality/value

This is the first research to compare Defoe's work explicitly with modern small business management theory or practice.

Details

Management Decision, vol. 43 no. 10
Type: Research Article
ISSN: 0025-1747

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Publication date: 6 September 2017

Rita Ghesquiere

The worldwide environmental crisis has also influenced the field of literary studies. Posthumanism and ecocriticism is a new way of reading in which the anthropocentric approach…

Abstract

The worldwide environmental crisis has also influenced the field of literary studies. Posthumanism and ecocriticism is a new way of reading in which the anthropocentric approach and the binary oppositions such as human/non-human, wild/tame and natural/cultural are overcome. Posthumanism pays attention to all sorts of non-human life, animals, for sure, but aliens and robots are included too, while ecocriticism is concerned with the role and function of nature in literary texts. The chapter offers an ecocritical approach of Robinson Crusoe (Defoe) and Friday (Tournier). Rereading these novels we see that nature, or the elements, make up an ‘actant’ equal to the human characters and a special interest is created in the mutual conflicts which arise between nature and the human characters.

Robinson Crusoe (Defoe, 1719) is considered by many as an appropriate book to allow pupils to escape from or be shielded from the negative influence of civilization. Like Robinson on his island pupils should learn from experience. Defoes work was so popular it inspired a whole series of imitations called ‘Robinsonnades’ and many of them were edited specifically for children. But is Robinson Crusoe a valuable book from an ecological point of view? How does Robinson relate to nature? Does the novel focus on nature or rather on the human hero seeking to control and tame the environment?

In 1967, the French author Michel Tournier reworked the Crusoe myth in Vendredi ou les limbes du Pacifique (Friday or the Pacific Rim), followed by a parallel text for children Vendredi ou la vie sauvage (Friday or the Wild Life, 1971). In both novels Robinson’s black servant, Friday, initiates his colonial master into alternative ways of living, dismantling civilization and restoring nature. That same deconstruction of the idea of Western superiority fits well with the postcolonial philosophy that attacks the logic of domination and its hierarchical dichotomy: white above coloured.

Details

Integral Ecology and Sustainable Business
Type: Book
ISBN: 978-1-78714-463-7

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Article
Publication date: 21 June 2018

Peter Stanley Defoe

The purpose of this paper is to continue the research set out in the consideration of trees in rights of light cases Part 1. To consider whether it is possible to measure a tree…

75

Abstract

Purpose

The purpose of this paper is to continue the research set out in the consideration of trees in rights of light cases Part 1. To consider whether it is possible to measure a tree with sufficient accuracy that the impact on daylight within a building can be predicted in a way that can be applied in rights to light cases.

Design/methodology/approach

By reading published research on tree growth rates, crown transparency and theoretical modelling it is intended to determine the available methodologies for predicting light transmission through tree crowns. Then by inspecting common oak trees in all parts of the country, it is intended to review whether the available methodologies are capable of producing a relatively accurate result using manual methods or whether it is necessary to devise a software solution.

Findings

The research found that whilst theoretical methods exist for predicting light obstruction by trees, these could not be used in practice and that manual methodologies would not provide sufficient accuracy. However, survey techniques such as 3D Point Cloud can be taken further with the development of a software solution that uses an algorithm to predict branch size and location where these are not visible in a survey.

Research limitations/implications

This research concentrates on the theoretical aspect of assessing trees in rights to light cases. It is usually necessary for a live legal case to occur before research into software takes place. It will be necessary to develop the software and then test survey a tree in full leaf and in the absence of foliage to determine whether the algorithm is sufficiently accurate and this will take time.

Practical implications

This research concentrates on the theoretical aspect of assessing trees in rights to light cases. It is usually necessary for a live legal case to occur before research into software takes place and the conclusion reached was that it will be necessary to develop the software and then test survey a tree in full leaf and in the absence of foliage to determine whether an algorithm is sufficiently accurate and this will take time. It has also been demonstrated that trees may be considered as existing obstructions in rights to light cases and that once software has been developed and tested then it will enable developers to show that their proposals have less impact on the daylight within an adjoining property than would be the case if trees are ignored.

Social implications

In many instances, the economic development of a site, especially social housing, is limited by the rights to light of adjoining owners. Where it can be shown that the light levels enjoyed by those owners are already impaired by existing trees then this may assist the developer.

Originality/value

At this point no one else has researched this subject to the extent contained in this paper.

Details

International Journal of Building Pathology and Adaptation, vol. 36 no. 3
Type: Research Article
ISSN: 2398-4708

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Article
Publication date: 1 January 1989

Stuart Hannabuss

The management of children′s literature is a search for value andsuitability. Effective policies in library and educational work arebased firmly on knowledge of materials, and on…

1012

Abstract

The management of children′s literature is a search for value and suitability. Effective policies in library and educational work are based firmly on knowledge of materials, and on the bibliographical and critical frame within which the materials appear and might best be selected. Boundaries, like those between quality and popular books, and between children′s and adult materials, present important challenges for selection, and implicit in this process are professional acumen and judgement. Yet also there are attitudes and systems of values, which can powerfully influence selection on grounds of morality and good taste. To guard against undue subjectivity, the knowledge frame should acknowledge the relevance of social and experiential context for all reading materials, how readers think as well as how they read, and what explicit and implicit agendas the authors have. The good professional takes all these factors on board.

Details

Library Management, vol. 10 no. 1
Type: Research Article
ISSN: 0143-5124

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Book part
Publication date: 19 February 2020

Cosma Orsi

From 1782 to 1834, the English social legislation shifted from a safety net devised to deal with emergencies to a social security system implemented to cope with the threat of…

Abstract

From 1782 to 1834, the English social legislation shifted from a safety net devised to deal with emergencies to a social security system implemented to cope with the threat of unemployment and poverty. In the attempt to explain this shift, this chapter concentrates on the changed attitudes toward poverty and power relationships in eighteenth-century British society. Especially, it looks at the role played by eighteenth-century British economic thinkers in elaborating arguments in favor of reducing the most evident asymmetries of power characterizing the period of transition from Mercantilism to the Classical era. To what extent did economic thinkers contribute to creating an environment within which a social legislation aimed at improving the living conditions of the poor as the one established in 1795 could be not only envisaged but also implemented? In doing so, this chapter deals with an aspect often undervalued and/or overlooked by historians of economic thought: namely, the relationship between economic theory and social legislation. If the latter is the institutional framework by which both individual and collective well-being can be achieved the former cannot but assume a fundamental role as a useful abstraction which sheds light on the multifaceted reality in which social policies are proposed, forged, and eventually implemented.

Details

Research in the History of Economic Thought and Methodology: Including a Symposium on Public Finance in the History of Economic Thought
Type: Book
ISBN: 978-1-83867-699-5

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