Partnership in the provision of recreational access: the reconstruction of the public interest in private land in England and Wales

This paper examines the evolution of public rights of access to private land in England and Wales. Since the Eighteenth Century the administration and protection of these rights has been though a form of public/private partnership in which the judiciary, while maintaining the dominance of private property, have safeguarded de facto public access by refusing consistently to punish simple trespass. While this situation has been modified, principally by post-World War II legislation, to allow for some formalisation of access arrangements and consequent compensation to landowners in areas of high recreational pressure and low legal accessibility, recent policy initiatives suggest that the balance of the partnership has now shifted in favour of landowners. In particular, the new access payment schemes, developed by the UK Government in response to the European Commission's Agri-Environment Regulations, identify the landowner as the beneficiary of the partnership, financed by tax revenue and justified on the spurious basis of improved 'access provision'. As such the State, as the former upholder of citizen rights, now assumes the duplicitous position of underwriting private property ownership through the commodification of access, while proclaiming a significant improvement in citizens' access rights.

Recreational access to private land in England and Wales: public good; private interest

Since the Eighteenth Century the protection of public recreational access to private land has been maintained by the state through a mixture of legal rights of passage and the safeguarding of certain de facto access rights. While this situation has been modified in the last fifty years to facilitate some formalisation of access arrangements and landowner compensation in areas of high recreational pressure and low legal accessibility, recent policies indicate that a shift from public to private rights is underway. At the core of this paradigm shift are the new access payment schemes introduced as part of the restructuring of the European Common Agricultural Policy. Under these schemes landowners are now paid for 'supplying' recreational access, with the state, as the former upholder of citizen rights, now assuming the duplicitous position of further underwriting private property ownership through the effective commodification of access, while simultaneously proclaiming significant improvements in citizens' access rights.

A new parenthood paradigm for twenty-first century family law in England and Wales?

There are few other areas in family law where incongruence between the legal and social positions is as evident as that concerning parenthood. Recent cases involving lesbian couples and known sperm donors serve to highlight the increasing tension between the respective roles of biology, intention and functional parenting in the attribution of legal parental status. As both legislative and case-law developments have shown, intention is central in some circumstances, but not in others. The main claim of this paper is that this ad hoc approach leads to incoherent and unsatisfactory law: instead of striving to identify a status, what we are really looking to do is to identify the people who assume responsibility for a child. Drawing upon recent case-law, this paper explores how a conceptual reform of the law could result in a principled framework which would place formally recognised intention at the heart of parental status in order to reconnect legal duty with social reality for as many children and parents as possible. Moreover, it would ensure that parental status would not be dictated by the mode of conception of the child (natural or assisted). The analysis identifies the objectives of reform before proposing a new model which, while recognising the social importance of the biological parentage link, would reserve legal status for functional parenthood.

Spatial and temporal patterns in antimicrobial resistance of Salmonella Typhimurium in cattle in England and Wales

Salmonella is the second most commonly reported human foodborne pathogen in England and Wales, and antimicrobial-resistant strains of Salmonella are an increasing problem in both human and veterinary medicine. In this work we used a generalized linear spatial model to estimate the spatial and temporal patterns of antimicrobial resistance in Salmonella Typhimurium in England and Wales. Of the antimicrobials considered we found a common peak in the probability that an S. Typhimurium incident will show resistance to a given antimicrobial in late spring and in mid to late autumn; however, for one of the antimicrobials (streptomycin) there was a sharp drop, over the last 18 months of the period of investigation, in the probability of resistance. We also found a higher probability of resistance in North Wales which is consistent across the antimicrobials considered. This information contributes to our understanding of the epidemiology of antimicrobial resistance in Salmonella.

Anthropogenic greenhouse gas contribution to flood risk in England and Wales in autumn 2000

Interest in attributing the risk of damaging weather-related events to anthropogenic climate change is increasing1. Yet climate models used to study the attribution problem typically do not resolve the weather systems associated with damaging events2 such as the UK floods of October and November 2000. Occurring during the wettest autumn in England and Wales since records began in 17663, 4, these floods damaged nearly 10,000 properties across that region, disrupted services severely, and caused insured losses estimated at £1.3 billion (refs 5, 6). Although the flooding was deemed a ‘wake-up call’ to the impacts of climate change at the time7, such claims are typically supported only by general thermodynamic arguments that suggest increased extreme precipitation under global warming, but fail8, 9 to account fully for the complex hydrometeorology4, 10 associated with flooding. Here we present a multi-step, physically based ‘probabilistic event attribution’ framework showing that it is very likely that global anthropogenic greenhouse gas emissions substantially increased the risk of flood occurrence in England and Wales in autumn 2000. Using publicly volunteered distributed computing11, 12, we generate several thousand seasonal-forecast-resolution climate model simulations of autumn 2000 weather, both under realistic conditions, and under conditions as they might have been had these greenhouse gas emissions and the resulting large-scale warming never occurred. Results are fed into a precipitation-runoff model that is used to simulate severe daily river runoff events in England and Wales (proxy indicators of flood events). The precise magnitude of the anthropogenic contribution remains uncertain, but in nine out of ten cases our model results indicate that twentieth-century anthropogenic greenhouse gas emissions increased the risk of floods occurring in England and Wales in autumn 2000 by more than 20%, and in two out of three cases by more than 90%.

Characterisation of attaching-effacing Escherichia coli isolated from animals at slaughter in England and Wales

Escherichia coli isolates were recovered from faecal samples taken from cattle, sheep and pigs at slaughter in England and Wales. Isolates (n = 1227) selected at random from this collection were each hybridised in colony dot-blot experiments with an eae gene probe that presumptively identified attaching-effacing E. coli (AEEC). Of the 99 (8.1%) eae positive isolates 72 were of ovine origin, 24 were of bovine origin and three of porcine origin. None were typed as O157:H7 whereas 78 were assigned to 23 serogroups and 21 were untypable. The most frequently isolated eae positive serogroups were O156 (10), O26 (8), O103 (8), O108 (7) O56 (6) and O168 (6) of which serogroups O103 and O156 only were recovered from all three animal species. In tissue culture adherence assays, 36 representatives of eae positive isolates of all serogroups and host of origin tested induced intimate attachment with varying degrees of actin accumulation and pedestal formation in the HEp-2 cells. The identity of the eae type for these 36 was determined by specific PCR and the most prevalent intimin types were caebeta (15), eaegamma (12) and eaeepsilon (4). Isolates were examined by PCR for the presence of other virulence determinants and five possessed stx1 but none possessed stx2. One O115 eaeepsilon isolate possessed cnf1 and 2, hlyA, etpD and katP genes which is a novel combination of virulence determinants.

Can valuation factors be prescribed? The case of collective enfranchisement and leasehold extension of flats in England and Wales

Recent concerns over the valuation process in collective leasehold enfranchisement and lease extension cases have culminated in new legislation. To underpin this, the Government (Department of Environment Transport and the Regions (DETR)) commissioned new research, which examined whether the valuation of the freehold in such cases could be simplified through the prescription of either yield or marriage value/relativity. This paper, which is based on that research, examines whether it is possible or desirable to prescribe such factors in the valuation process. Market, settlement and Local Valuation Tribunal (LVT) decisions are analysed, and the basis of 'relativity charts' used in practice is critically examined. Ultimately the imperfect nature of the market in freehold investment sales and leasehold vacant possession sales means that recommendations must rest on an analysis of LVT data. New relativity curves are developed from this data and used in conjunction with an alternative approach to valuation yields (based on other investment assets). However, the paper concludes that although the prescription of yields and relativity is possible, it is not fully defensible because of problems in determining risk premia; that the evidential basis for relativity consists of LVT decisions; and that a formula approach would tend to 'lead' the market as a whole.

Relative values: residential leasehold reform in England and Wales - valuation of lease extension and enfranchisement

This research report was commissioned by the DETR and examines valuation issues relating to leasehold enfanchisement and lease extension - the right for flat owners to collectively purchase the freehold or buy a longer lease. The two factors examined examined in detail are the yield to be applied when capitalising the ground rent and the relative value of leases with a relatively short period left to run as against the value of the freehold or a new long lease, which determines the level of 'marriage level'. The research report will be of interest to all those involved in the valuation of residential leasehold property and those with an interest in legislative proposals for leasehold reform.

An industry viewpoint on the role of farm assurance in delivering food safety to the consumer: the case of the dairy sector in England and Wales

Food safety, alongside food quality, remains a primary concern of both consumers and those along the whole food supply chain, leading to regulation by government alongside private third party certification. Much has been written about the value of these systems primarily from the perception of the consumer. This paper reports on a study that examined industry perceptions on the regulatory and assurance systems within the dairy sector of England and Wales. It found that the primary producer found value in both systems, although from a food hygiene focus regulation was seen to be more rigorous. Other stakeholders along the dairy food supply chain saw the assurance scheme as more rigorous. All stakeholders recognised the need to reduce duplication in delivering food safety through combining key elements of both systems with the added potential for better communication of both food safety and quality to the final consumer.

Evaluation of ERA-Interim reanalysis precipitation products using England and Wales observations

Precipitation forecast data from the ERA-Interim reanalysis (33 years) are evaluated using the daily England and Wales Precipitation (EWP) observations obtained from a rain gauge network. Observed and reanalysis daily precipitation data are both described well by Weibull distributions with indistinguishable shapes but different scale parameters, such that the reanalysis underestimates the observations by an average factor of 22%. The correlation between the observed and ERA-Interim time series of regional, daily precipitation is 0.91. ERA-Interim also captures the statistics of extreme precipitation including a slightly lower likelihood of the heaviest precipitation events (>15 mm day− 1 for the regional average) than indicated by the Weibull fit. ERA-Interim is also closer to EWP for the high precipitation events. Since these carry weight in longer accumulations, a smaller underestimation of 19% is found for monthly mean precipitation. The partition between convective and stratiform precipitation in the ERA-Interim forecast is also examined. In summer both components contribute equally to the total precipitation amount, while in winter the stratiform precipitation is approximately double convective. These results are expected to be relevant to other regions with low orography on the coast of a continent at the downstream end of mid-latitude stormtracks.

A review of existing building benchmarks and the development of a set of reference office buildings for England and Wales

The modern built environment has become more complex in terms of building types, environmental systems and use profiles. This complexity causes difficulties in terms of optimising buildings energy design. In this circumstance, introducing a set of prototype reference buildings, or so called benchmark buildings, that are able to represent all or majority parts of the UK building stock may be useful for the examination of the impact of national energy policies on building energy consumption. This study proposes a set of reference office buildings for England and Wales based on the information collected from the Non-Domestic Building Stock (NDBS) project and an intensive review of the existing building benchmarks. The proposed building benchmark comprises 10 prototypical reference buildings, which in relation to built form and size, represent 95% of office buildings in England and Wales. This building benchmark provides a platform for those involved in building energy simulations to evaluate energy-efficiency measures and for policy-makers to assess the influence of different building energy policies.

Can a climate model reproduce extreme regional precipitation events over England and Wales?

The ability of the HiGEM climate model to represent high-impact, regional, precipitation events is investigated in two ways. The first focusses on a case study of extreme regional accumulation of precipitation during the passage of a summer extra-tropical cyclone across southern England on 20 July 2007 that resulted in a national flooding emergency. The climate model is compared with a global Numerical Weather Prediction (NWP) model and higher resolution, nested limited area models. While the climate model does not simulate the timing and location of the cyclone and associated precipitation as accurately as the NWP simulations, the total accumulated precipitation in all models is similar to the rain gauge estimate across England and Wales. The regional accumulation over the event is insensitive to horizontal resolution for grid spacings ranging from 90km to 4km. Secondly, the free-running climate model reproduces the statistical distribution of daily precipitation accumulations observed in the England-Wales precipitation record. The model distribution diverges increasingly from the record for longer accumulation periods with a consistent under-representation of more intense multi-day accumulations. This may indicate a lack of low-frequency variability associated with weather regime persistence. Despite this, the overall seasonal and annual precipitation totals from the model are still comparable to those from ERA-Interim.

Can reanalyses represent extreme precipitation over England and Wales?

A new generation of reanalysis products is currently being produced that provides global gridded atmospheric data spanning more than a century. Such data may be useful for characterising the observed long-term variability of extreme precipitation events, particularly in regions where spatial coverage of surface observations is limited, and in the pre-satellite era. An analysis of extreme precipitation events is performed over England and Wales, investigating the ability of Twentieth Century Reanalysis and ERA-Interim to represent extreme precipitation accumulations as recorded in the England and Wales Precipitation dataset on accumulation time-scales from 1 to 7 days. Significant correlations are found between daily precipitation accumulation observations and both reanalysis products. A hit-rate analysis indicates that the reanalyses have hit rates (as defined by an event above the 98th percentile) of approximately 40–65% for extreme events in both summer (JJA) and winter (DJF). This suggests that both ERA-Interim and Twentieth Century Reanalysis are difficult to use for representing individual extreme precipitation events over England and Wales.