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Example Estate Management Essay

Evaluate the impact of the Natural Environment and Rural Communities Bill on the Countryside, land management or another identified sector.

1.0: Introduction

Rural development has been considered as a critical element since the enforcement of the Rural Strategy 2004 as argued by Ozay Mehment (2005). The Government's strive to accomplish rural development in order to achieve a sustainable economic form both in the rural and the urban areas in order to maintain environmental stability as argued by Mike Jenks et al (2004) further justifies the above argument. In this report a critical analysis on the impact of the Natural Environment and rural Communities Bill is presented to the reader. The report commences with an overview on the importance of the bill to the rural environment and the overall development of the economy followed by the critical analysis on the legal aspects of the implementation of the bill in the countryside businesses and land management. Furthermore, the report also provides a comprehensive analysis on the policy statement of the bill prior to the analysis of the legal aspects in order to identify key factors that can be discussed in the discussion on the legal factors.

2.0: Overview of the Natural Environment and Rural Communities Bill

The rural strategy 2004 is the key instigating factor for the enforcement of the Natural Environment and Rural Communities Bill as argued by Catherine L. Kling et al (2005) who argue that the need to articulate the concerns, needs and interests of rural people and businesses is the driving factor for the enforcement of the bill. The Natural Environment and Rural Communities Bill is designed to help achieve a rich and diverse natural environment and thriving rural communities, through modernised and simplified arrangements for delivering government policy (DEFRA, 2005).

The above statement makes it clear that the bill focuses on the preservation of the natural reserves and provides development opportunities with a flexible and modern approach to develop the rural areas through industrial development and businesses.

Furthermore, the fact that the bill embraces the Government Policies and strives to deliver the governmental policies (i.e.) the agenda of the Rural strategy 2004 for the development of the rural communities and the countryside further justifies that the bill is not only for the preservation of the natural environment, but also to develop a sustainable strategy to generate revenue through the process for the development of the communities involved.

The key elements of the bill as mentioned below justify the aforementioned argument.

'Enhancing biodiversity and landscape - in rural, urban and coastal areas - with promoting access and recreation'

The fact that the government through establishing the Natural England strives to provide a single organizational responsibility for the aforementioned justifies the significance of the bill towards natural conservation. Although there are many independent organizations acting for the development and preservation of the natural environment of the nation, the establishment of a single organization - Natural England to accomplish it across the country is the significant element of the bill.

'Commission for Rural Communities'

The formal establishment of the Commission as an independent body to act as advocate, adviser and watchdog for rural people makes it clear that the enforcement of the rural strategy is not only for the preservation of the resources but also for the implementation of the government policies effectively. Furthermore, the fact that the commission acts as an independent body makes it clear that the sole principle behind the bill is to ensure that the Government policies achieve tangible development through making difference in the community.

3.0: Policy statement and legal implications

The policy statement of the bill clearly states the two major significant elements of the bill (i.e.) Preservation of the natural resources and landscape through Natural England and Measuring progress towards sustainable rural communities through the Commission for Rural Communities. This makes it clear that the bill is not only a preserving body but also a governing body to legally enforce the development of the rural areas in a sustained manner.

The explicit declaration that the Commission for Rural Communities is not a delivering body and acts as a supervisory board to govern the sustainable development of the rural environment makes it clear that the commission predominantly governs the legal implications in the rural development, countryside businesses and land management. The presence of the commission as an impartial watchdog under the control of the secretary of state further justifies that the implementation of the bill is predominantly to accomplish the legal enforcement in achieving sustainable development in the rural areas.

The explicit declaration on the policy statement that the commission assess the performance of the government and its delivery agents in rural proofing and identifying the areas of improvement or different approach makes it clear that the commission serves as an unbiased watchdog and strives to accomplish the legal enforcement in the rural communities whilst deploying the Government policies.

An insight into the Final Regulatory impact Assessment (2005) of the bill further makes it evident that the bill has formulated the Commission for Rural Communities in order to accomplish the Rural Strategy 2004 (RS04) which is the legal binding element for the Government policies.

The major legal implications identified by Jill D'Ambrosio (2005) focus upon the Habitat protection, wildlife protection, and land drainage bylaws and Biodiversity Duty which are also assessed by the final impact assessment of the bill.

From the above statements, the legal areas where the bill is focusing are predominantly upon the preservation of the wildlife and the enforcement of the government policies to accomplish sustainable rural development.

4.0: Impact on Land Management

Mark C. Anderson et al (2005) argue hat the land management in the rural areas especially the large landscapes in the rural areas is a critical element for the sustainable rural development. This is apparently because of the fact that the rural areas in the nation possess significance due to the richness of the landscape and the development of any business in the area that affect the overall rural development by suppressing the natural environment is considered to affect the sustainability of the rural development. This further justifies that the rural development initiatives through business development is the major element that needs addressing whilst striving to develop business in the rural areas.

An interesting issue for discussion in this context is the increased housing development in the rural areas. The increased level of the housing development in the countryside mainly with many affluent professionals relocating to the rural areas has also increased the level of pollution in the atmosphere through the increased level of transportation as argued by Mike Jenks et al (2004) further justifies that the legal aspects with regards to the land management in the rural areas is not only with the supervision of the abuse of the landscape but also to accomplish a balanced between the environment and rural development.

Furthermore, the fact that the land management in the rural area is not only with the managing the housing development but predominantly with the management and use of land resources in a sustained manner as argued by Mark C. Andersen (2005). This makes it clear that the land management in the rural context further faces the hurdle of maximising the public benefits and enhancing the environment through the development of the rural areas in a sustainable fashion. This also signifies that the enforcement of the Natural Environment and Rural Communities Bill has increased the need to accomplish the effective land management of the rural form to integrate the communities in order to sustain the development.

The major areas of focus in the land management are discussed below

• Agri-environment schemes: The operation of the agri-environment schemes like the countryside stewardship and environmentally sensitive areas to monitor the unbiased deployment of the schemes and protect the interests of the local communities is essential. This is accomplished through enforcing the Commission for Rural Communities justifies the legal implication of the enforcement of the bill. Furthermore, the major impact on the land management especially in the Agri-environment schemes by the Natural Environment and Rural Communities Bill is the cost benefits and the sustainable development through the unbiased deployment of the schemes.
• Hill Farming: Another interesting element with the land management is the focus of the bill upon the development of the uplands through encouraging hill farming. The fact that a major segment of the UK landscape is hilly in nature makes it clear that the development of the hilly areas in the rural areas is an integral element for the sustained rural development. In order to effectively accomplish the rural development the encouraging of the hill farming should be deployed not only with the environmental and community considerations but also with respect to the need to preserve the natural resources. This is evident because of the fact that it is difficult to replenish the resources in the hill regions thus making the land management very critical.
• Drainage Bylaws: The provision of the ability to introduce bylaws by the Natural Environment and Rural Communities Bill in order to implement the land management in the rural areas through controlling the drainage system in a given rural landscape or rural area so as to benefit the community as well as accomplish the sustainable rural development. The significant factor that the Natural Environment and Rural Communities Bill can protect the natural environment by enforcing bylaws specific to a locality in order to accomplish the proper defence of land against sea and tidal water gives a greater degree of influence over the rural development. Although the aforementioned provides a high level of customisation in terms of implementation of a piece of legislation in a given rural locality, the fact that this level of freedom may also affect the overall sustenance of the environment through the high level of differentiation in the implementation of the Government policies eventually resulting in a highly diverse rural environment which might affect the sustainability. Furthermore, the presence of the commission for rural communities as an unbiased body to act as a watchdog protects the interests of the community thus enhancing the overall sustainability of the rural form. The arguments of Mike Jenks et al (2004) that the urban development in nation can be effectively accomplished through the concentric rural development and sustained growth of the community which will prove effective to the overall sustainability of the environment of the nation.

Apart from the aforementioned factors, another critical implication of the Natural Environment and Rural Communities Bill on land management is the habitat protection. The fact that the habitat in a given rural form is dependent upon the land and the resources from the land environment makes it clear that the land management is a critical element for the sustainable rural development and habitat protection. Another interesting factor as argued by Mark C. Andersen et al (2005) is the fact that the habitat protection is a critical element for the sustainability of the landscape and also prevents the risk of natural imbalance in the environment. Furthermore, even though the habitat protection is a separate element in the Natural Environment and Rural Communities Bill, the land management is a critical element in the rural development, since it embraces various other factors like the wild life, habitat and above all the community in the region under consideration. This makes it clear that the land management initiatives adhered by the Natural Environment and Rural Communities Bill will not only accomplish effectiveness in land management but also accomplish sustainable rural development through the enforcement of the commission for rural communities.

Land Management in Area of Outstanding Natural Beauty

The Section 85 of CROW Act 2000 empowers the relevant bodies to exercise their functions in relation to the AONB. In the light of the above statement the Natural Environment and Rural Communities Bill can exercise its authority to protect specific areas and also the interests of the community through enforcing specific bylaws not only for drainage management but also for the sustainable rural development. The commission for rural communities not only monitor the Government policy implementations but also as a watchdog to prevent any abuse of areas of outstanding natural beauty. This further makes it clear that the enforcement Section 85 of CROW Act 2000 are subject to the Section 11A of the National Parks and Access to the Country Side Act of 1949 which monitors many statutory undertakers including public gas transporters, water and Sewerage undertakers, universal service provider etc.

The aforementioned arguments justify that the legal implications of the enforcement of the Natural Environment and Rural Communities Bill although friendly to the rural environment further intensifies the issues faced by statutory undertakers through the increased level of regulations and restrictions to access in the rural areas. This is applicable not only the AONB but across the entire rural geography itself.

This not only affects the growth of the technological developments in the rural areas but also hinders the overall rural development itself since the rural development can be effectively accomplished only through the modernization of the community. This also justifies that the effective rural development can be accomplished only through the relaxed implementation of the Natural Environment and Rural Communities Bill rather than focusing upon the Natural environment preservation. The analysis in the next section on the business development in the country side will provide further insight on the impact of the Natural Environment and Rural Communities Bill.

5.0: Business Development in countryside and Natural Environment and Rural Communities Bill

Striving for the modernization of the rural areas always accompanies the implementation of new rural development policies to deploy modern business development strategies. One of the particular legislative requirements that is of interest in this section is Universal service Provider (s.76 of, and paragraph 93(x) of Schedule 4 to, the Post Office Act 1969 (1969 c48)). Under this a company that aims to develop or expand its business in a given AONB (Area of Outstanding Natural Beauty) faces several hurdles including the very basic issue of licensing to conduct business in the area itself. Furthermore, the regulations on the drainage and the provision of the bylaws will affect the development of the business in the rural regions since the probability of the presence of unique regulations in different areas will decrease the level of consistency to deploy development strategies by a given organization.

Furthermore, the environmental regulations especially the emission and the regulations under the transport act for private vehicles and the commuters further makes development of the business an ordeal mainly because of the need to adhere to the environmental regulations and bylaws. Alongside, the fact that the restrictions on the type of business in the rural areas as well as the control on the level of industrialization in the rural make it further critical for business development in the rural areas.

The aforementioned factors naturally affect the growth of the rural areas (i.e.) affect the sustainable rural development. This is not only because of the obvious reasons of the companies declining to invest in business development in rural areas but also because of the need to accomplish sustainable competitive advantage and business development adhering to the bylaws and other legislative regulations.

Another critical element that is argued by James Ven Ganzhong (2005) is the environmental restrictions on the business development other than the implementation of legal factors. The author argues that the environmental factors are the critical elements that constitute the overall target market for the company which is essential for achieve sustainable business development. In the light of the above statement, the competition intense businesses like retailing and IT-based businesses cannot thrive effectively in a rural area unless the company's head for operations is at a key location using the rural branch for secondary activities. Since the secondary activities predominantly involve handling of waste in case of warehouses and increased level of commuting in case of development centres like call centres, the stringent regulations posed by the bill affect the overall development of the rural areas itself through hindering the development of business in the country side.

6.0: Conclusions

From the above arguments it is clear that the Natural Environment and Rural Communities Bill strive to accomplish the sustainable development of the rural areas. Even through this provides immense opportunities for innovative business ventures and also protects the environment through effective land management, the fact that the Natural Environment and Rural Communities Bill hinders the business development in the countryside affects the overall purpose of the bill. Furthermore, the emphasis on the natural environment protection has pushed the business development in the countryside to the back seat. Although the bill strives to protect the interests of the communities whilst implementing development strategies, the stringent nature of the rules and regulations and especially the legal implications associated affect the business development in the country side. Thus to conclude this report it is clear that the Natural Environment and Rural Communities Bill is a piece of legislation focused upon accomplishing effective rural development whilst failing to encourage the modernisation through the stringent rules and regulations in the environment.

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