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)1. The Governments 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)2 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)3 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, 20054).
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.

1 Ozay Mehment (2005), GROWTH AND IMPOVERISHMENT IN A DUAL ECONOMY WITH CAPITAL
IMPORTS. Australian Economic Papers, Jun83, Vol. 22 Issue 40
2Mike Jenks, Elizabeth Burton and Katie Williams, (2004), Achieving sustainable Urban Form, London : E & F
N Spon
3 Catherine L. Kling, Lyubov A Kurkalova and Philip Gassman (2005), The Conservation Reserve Program in
the Presence of a Working Land Alternative: Implications for Environmental Quality, Program Participation,
and Income Transfer. American Journal of Agricultural Economics, Vol. 87 Issue 5
4 Natural Environment and Rural Communities Bill, UK: DERA, November 2005
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)5 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 DAmbrosio (2005)6 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.

5 Natural Environment and Rural Communities Bill - Final Regulatory Impact Assessment, UK: Department for
Food Environment and Rural Affairs, Oct 2005
6 Jill DAmbrosio (2005), Centers Play Central Role as Agents of Redevelopment. Bond Buyer, 11/15/2005,
Vol. 354 Issue 32259
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)7 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.

7Mark C. Anderson, Bruce Thompson and Kenneth Boykin (2005), Spatial Risk Assessment Across Large
Landscapes with Varied Land Use: Lessons from a Conservation Assessment of Military Lands. An International
Journal, Oct2004, Vol. 24 Issue 5
The major areas of focus in the land management are discussed below

1. 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.
2. 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.
3. 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))8. 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.

8 Natural Environment and Rural Communities Bill Policy Statement, UK: DERA, 2005
Another critical element that is argued by James Ven Ganzhong (2005)9 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
companys 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.

7.0: References

Books

9 James Ven Ganzhong (2005), Communal Duality: Agricultural Subsidies from TVEs. Contemporary
Economic Policy, Jan1999, Vol. 17 Issue 1
Mike Jenks, Elizabeth Burton and Katie Williams, (2004), Achieving sustainable Urban
Form, London: E & F N Spon

Journals and Reports

Catherine L. Kling, Lyubov A Kurkalova and Philip Gassman (2005), The Conservation
Reserve Program in the Presence of a Working Land Alternative: Implications for
Environmental Quality, Program Participation, and Income Transfer. American Journal of
Agricultural Economics, Vol. 87 Issue 5

James Ven Ganzhong (2005), Communal Duality: Agricultural Subsidies from TVEs.
Contemporary Economic Policy, Jan1999, Vol. 17 Issue 1

Jill DAmbrosio (2005), Centers Play Central Role as Agents of Redevelopment. Bond Buyer,
11/15/2005, Vol. 354 Issue 32259

Mark C. Anderson, Bruce Thompson and Kenneth Boykin (2005), Spatial Risk Assessment
Across Large Landscapes with Varied Land Use: Lessons from a Conservation Assessment of
Military Lands. An International Journal, Oct2004, Vol. 24 Issue 5

Natural Environment and Rural Communities Bill, UK: DERA, November 2005

Natural Environment and Rural Communities Bill - Final Regulatory Impact Assessment,
UK: Department for Food Environment and Rural Affairs, Oct 2005

Natural Environment and Rural Communities Bill Policy Statement, UK: DERA, 2005
Ozay Mehment (2005), GROWTH AND IMPOVERISHMENT IN A DUAL ECONOMY WITH
CAPITAL IMPORTS. Australian Economic Papers, Jun83, Vol. 22 Issue 40