Greenspace governance: statutory solutions from Scotland?

DICKINSON, Jill and MARSON, James (2017). Greenspace governance: statutory solutions from Scotland? Statute Law Review.

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Abstract

The environmental, social and economic benefits provided by greenspace are well-documented, and the closure of other types of Third Place has popularised them further. Yet, public sector funding cuts have necessitated local authorities prioritising other facilities that they are statutorily obliged to provide, resulting in a facilities-hierarchy which leaves financially-neglected greenspaces facing a vicious circle of decline. The Big Society agenda has seen local authorities increasingly rely on the voluntary sector to help plug the funding gap, yet there are concerns that such groups are not immune from the effects of austerity themselves which limit their panacean abilities. In exploring whether statute could provide any answers to these greenspace governance challenges, this article considers the lessons to be learned from the approach adopted in Scotland, underpinned by the Land Reform (Scotland) Act 2003 ('the 2003 Act'). In particular, the 2003 Act establishes public rights of access over most greenspace, a local authority duty to uphold these rights and local authority powers to take remedial action. Whilst there have been some issues in implementation, this article explores the potential for adopting a similar model in England & Wales to help secure the future of its greenspace infrastructure.

Item Type:	Article
Research Institute, Centre or Group - Does NOT include content added after October 2018:	Built Environment Division Research Group
Departments - Does NOT include content added after October 2018:	Faculty of Social Sciences and Humanities > Department of Natural and Build Environment
Identification Number:	https://doi.org/10.1093/slr/hmx031
Depositing User:	Sarah Ward
Date Deposited:	02 Nov 2017 11:31
Last Modified:	18 Mar 2021 03:08
URI:	https://shura.shu.ac.uk/id/eprint/17204

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