News
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ACANews JUNE 2022
Building Safety Act receives Royal Assent
EMPLOYMENT LAW: Partygate, Seafarers and the co-efficient of the expansion of Brass….p12
Past President Richard Harrison has been representing architects at the Construction Industry Council since Grenfell and reports on the new Act Following Assent the various provisions of the Act are expected to come into force within 2 to 18 months dependent on the level of work involved. Some key expected timelines for fire safety professionals to be aware of include: • Changes made to the Regulatory Reform (Fire Safety) Order 2005 – Within 6-12 months • Additional powers for the regulation of construction products – Within 6-12 months • Building Advisory Committee and Industry Competence Committee established within the Building Safety Regulator (12-18 months) • Mandatory registration of Building Inspectors, Building Control Approvers, Occurrence Reporting and registration of occupied high-rise residential buildings (12-18 months) • New duties on the accountable person to manage building safety risks (12-18 months) • Golden thread of information (12-18 months) The Government has published a full transition plan for the Act, here: https://tinyurl.com/4c8pwpk3
Who will the Building Safety Act apply to? The provisions set out in the Bill will apply to building owners and the built environment industry. This includes those who commission building work and who participate in the design and construction process, including clients, designers and contractors. The Bill creates powers to introduce new design and construction requirements that apply to high-rise residential buildings, hospitals, and care homes of at
excellence in practice
least 18 metres or at least seven storeys. The Bill also introduces new occupation requirements for existing and new high-rise residential buildings of 18 metres and above (or at least seven storeys). Those involved in the commissioning, design, construction, or refurbishment of high-rise residential and other in scope buildings will have new formal responsibilities to comply with building regulations. It will also aim to provide residents of those buildings within scope with greater powers and means of communication to building owners. Powers within the Building Safety Bill will be used to make regulations that place duties on those who procure, plan, manage and undertake building work. These regulations will be made using secondary legislation and will be subject to consultation now that the Building Safety Bill has gained Royal Assent.
The Government has published several factsheets to help those roles that will be affected by the Bill understand what may change, available here: https://tinyurl.com/5xkv2dtd n
Yaroslav Karashetskyy tells us about his practice in Ukraine p4
Move Architecture in Doha p16
The following references for Architects as Principal Designers and as Designers : The Building Safety Bill – Draft Regulations https://www.gov.uk/government/publications/building-safetybill-draft-regulations The Dutyholders including the Principal Designer https://www.gov.uk/government/publications/building-safetybill-factsheets/dutyholders-factsheet The Golden Thread https://www.gov.uk/government/publications/building-safetybill-factsheets/golden-thread-factsheet
Shona Snow interviewed p41
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FROM THE CHIEF OPERATIONS OFFICER ACA excellence in practice
From the COO ACANews again looks at the big issues affecting practice and COO Melanie Hern introduces the key features
Melanie Hern, ACA COO
www.ACArchitects.co.uk www.ppc2000.co.uk www.allianceforms.co.uk
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Dear Member, Brian and I are delighted to be publish the June issue of the ACA Newsletter. We lead with the historical event of the Building Safety Act receiving Royal Assent and we hear from Richard Harrison who has been representing architects at the Construction Industry Council since the Grenfell disaster as he discusses implications and those who will be impacted. Positive times for the future. The ACA is pleased to announce our very first partnership with Landscape Show 2022, the Industry Trade Show which is being held at Hall 3, The NEC in Birmingham on 28th and 29th September. Registration is free and the event provides the opportunity for architects, landscape architects, technologists and alike to come together and network from all over the UK and beyond. Similarly, we are in discussions with London Build which will return to Olympia in London in November in terms of hosting another Member event following our successful networking event last year in the Built Environment Hub. More information to come so please look out for it. On March 8th, Brian Waters with Paul Finch chaired The Levelling Up White Paper and Planning plus Implementing the London Plan event. ACA partnered with the Cambridge University Land Society and the London Planning & Development Forum. The conference included high profile speakers including Joanna Averley the Government Chief Planning Officer. A full report of the afternoon from Planning in London is included from page 19. You may attend the next meeting of the London Planning & Development Forum [free] at The Bartlett, UCL on the afternoon of Monday 6th June at 2:30pm: see page 8. In this issue, we also hear from our fellow architect in the Ukraine, Yaroslav Karashetskyy who updates us on his practice’s latest project on page 4 and gives us some insight into the background and principles of his practice. You will join me,
ACA Secretariat office@acarchitects.co.uk
ACANews JUNE 2022
Director of Enterprise Alison Low Chief Operating Officer Melanie Hern
together with the ACA, in wishing them all the best in these current difficult and turbulent times. We hope to hear from Yaroslav on future projects being completed by his practice. If you would like would like to reach out or support Yaroslav his contact details can be found on page 4. A big thanks to Shona Snow for allowing me to interview her for this issue’s Question Time and we wish her all the success for the future as Shona will be moving onto pastures new in June. We’re very lucky to have been given permission to share her award winning case study on the Architect Design Services Framework. Do take the time to read. See page 43 onward. A final thank you to our sponsors for this issue Assael Architecture, an award winning practice based in Putney, London; On page 10 they provide us with some insight in to their culture which has made them such a successful practice since its launch in 1994. John Assael is a member of ACA Council and is a leading light at the RIBA. If your practice would like to sponsor the next issue please just ask! Our next Newsletter will be published in September so if you have any interesting editorial features you would like included, any projects we can include in our Gallery section or ones that never made it beyond the design stage, send through for our One that got away feature. This issue’s Gallery on page 16 features two contrasting projects and practices: a lovely residential extension and Stratford station by John Smith’s Move Architecture. John is also a member of ACA Council. You can reach us at office@acarchitects.co.uk Melanie Hern, Chief Operations Officer ACA PS. on page 48, you’ll see a reminder to respond to the ARB consultation on Professional Indemnity Insurance. It’s a very important one for the architectural industry as the biggest impact will be in our practices. Your opinions are important to the ACA too so please drop us a line. n
@ArchitectureACA @ppc2000
LinkedIn: The Association of Consultant Architects
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CONTENTS page 1 Building Safety Act receives Royal Assent 2 From the chief operations officer 4 Yaroslav Karashetskyy tells us about his practice in Ukraine 6 Levelling up bill to bring in limited changes 8 Get up to date on planning changes... 9 From the president 10 Assael 12 Partygate, Seafarers and the co-efficient of the expansion of Brass…. 14 ACA members’ employment law helpline 15 Business support for members 16 The GALLERY: BRITISH HOME DESIGN & MOVE ARCHITECTURE 18 R&D tax credits: Green Jellyfish 19 The ACA’s new partnership with Landscape Show 2022 20 Women in the industry 21 The Levelling up white paper conference with CULS & LP&DF 35 ACA Council and officers 36 QUIZ: Where was !? 38 Guidance for design and construction to support building safety 40 ACA overlay to the RIBA Plan of Work 41 Shona Snow interviewed 42 Reforms to R&D tax credits 43 Framing the future of diversity in architecture 44 One that got away: ANTHONY CARLILE ARCHITECTS 48 ACA CPD events 49 ACA Forms of Appointment 50 Publications
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51 Welcome to some recent new members
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PRACTICE IN UKRAINE ACA excellence in practice
Architecture for people and places Yaroslav Karashetskyy tells us about his practice in Ukraine
Further information or to add your support, please contact Yaroslav at karashetskyy.y@gmail.com https://karchitects.com.ua
Karashetskyy Architects
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We would like to share with you our recent project for the restaurant’s design, where you can see some of our ideas. NOA Pan-Asian restaurant is located in the King Cross Shopping Mall in Lviv, Ukraine. Choice-cut dishes of Pan-Asian cuisine are served here – mainly Thai and Japanese. The area of the restaurant is 380 m2. According to the functional diagram, the space is divided into two main functional areas: the kitchen and the restaurant hall. The restaurant hall is spacious with a high ceiling, so the play on the scale became the basis for the concept of interior design. We have placed several massive elements that have become spatial dominants, and their similarity
with East Asian furnishings has further strengthened the idea of the interior design of the restaurant. The first element is a row of suspended giant lamps. They are made in the style of Japanese paper lanterns and, in addition to the decor, give a pleasantly diffused light to the interior of the restaurant. The second element is a massive glass screen. This is a modern interpretation of the screen divider that can be seen in traditional Japanese interiors. Made of frosted glass, it refracts the coloured light of neon and the silhouettes of the plants behind it and creates special magic in this interior. The third element is the ten-meter kitchen line. Following the Pan-Asian
The bureau was founded by architect Yaroslav Karashetskyy in 2012 in Lviv, Ukraine. For the first two years, Yaroslav worked alone and provided everything from design to architectural supervision. With the increase in the number of projects, there was a need for additional architects and in a few years, a team of architects, designers, and project managers was formed. The bureau provides a full range of architectural and interior design services for different types of projects. The main focus is on designing commercial projects in the sector of hospitality and workplaces. In our portfolio, you can find different office spaces with a range of areas from 80 sq m to 7000 sq m, a variety of restaurants and more than ten retail stores. What we most like in hospitality design is the possibility to see the implemented project for a long time after completion. Also, there are many opportunities in the restaurants to work on different custom details like furniture, lighting and decors which are so exciting for us. The team bureau also works in the sector of residential architecture providing comprehensive design from a concept to detailed working drawings of the interior design of the house. These projects sometimes are more complicated than commer-
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gastronomic culture, we decided to make the kitchen partially open to the guests of the restaurant. Therefore, taken out into the restaurant hall, it reveals all the secrets of cooking savoury dishes of oriental cuisine. Working on the interior, special attention was paid to colours. Deep shades of burgundy and green combined with neutral colours were used. In the decoration of the walls, two textures were used: the basic one imitation of concrete, and decorative plaster imitating the lines of pebble mounds in the rock gardens of Japan. There are no bamboo sticks or true Japanese lamps in this restaurant but all of our design allusions make it a special Asian place. SEE images opposite
cial because we face more clients’ needs and have to put together their desires and our visions into one idea. Geographically, most of our projects are based in Ukraine, but sometimes we design for our foreign clients. Working in other countries is a new experience, where we face new challenges as well as different cultures and different building regulations. Last year we designed a large furniture showroom in Hamburg, Germany. Also in the same city, we designed an extension to an existing single-family house, where we faced special regulations of local design. In Copenhagen, Denmark, we have permanent partners for whom we develop office space planning. A few years ago our team developed a project of modular houses for a client from Georgia. Nice visualizations and detailed drawings are only a part of the design. Our ultimate goal in the work we do is an implemented project, so we spend a lot of time on architectural supervision and project management to put all the efforts into our ideas to come true. And we believe that it is the right way to a successful design. What we are proud of is our realized projects, where each of our solutions is implemented and the finished design corresponds to our idea.
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ARCHITECTURE IN UKRAINE
What the most important in the designing process is the software. Using modern tools like BIM software speed up the design process allowing the creation of a computer model of the future building and, accordingly, providing all the important components and details. We can also analyze this model with the help of VR, which is most liked by our customers, who can walk through the rooms of the future house, feeling the accurate size and proportions. Also, with the help of VR, our customers can easily make decisions on certain issues, as neither drawings nor 3D visualizations give such an understanding. At the stage of conceptual design, we always make hand-drawn sketches and we are convinced that the best way for an architect is to convey ideas that are born in our minds using pencil and paper. We also make the physical architectural models, which allow us to look at an entire building, its proportions and scale. Looking at the projects of our bureau, you can hardly see single handwriting that would visually identify us among the various architectural companies and we are proud of that because it follows our values. First of all, we are a team, where each architect can share his ideas. Secondly, we don’t do architecture for architecture but for people and places. Thirdly, the most important is the content, not the form. n
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ACAPAG PLANNING REPORT ACA excellence in practice
Levelling up bill to bring in limited changes Andy Rogers looks at what’s in store for the erratic progress of planning reform
This is an edited summary of an article that originally appeared in Planning magazine
Andrew Rogers is Chairman of ACAPAG and a fomer partner in the Manser Practice
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Ever since the government published its planning white paper in 2020, forecasts of future government planning policy development have centred on expectations that a planning bill would take forward some of its proposals and the Queen’s Speech to Parliament last May promised such a bill. But this February it was reported that levelling up secretary Michael Gove would not proceed with the bill. Instead, “more limited changes to planning rules would be included in a Levelling Up and Regeneration Bill, which will be set out in the Queen's Speech in the spring” and such a bill has been confirmed by the department’s permanent secretary Jeremy Pocklington. Here are some key policy and legislation changes that are expected. LEVELLING UP BILL WITH PLANNING AMENDMENTS A levelling up white paper has confirmed that several of the objectives set out by the government in the 2020 planning white paper remain on its agenda. Those objectives that require legislation are likely to be progressed in the levelling up bill, including • a new approach to securing contributions from developers towards the infrastructure needed for their schemes, as a revised levy designed to enable local authorities to capture development value and some affordable housing more efficiently, by means of a non-negotiable fixed proportion charge: the approach advocated by the planning white paper, to replace existing section 106 and CIL arrangements with a nationally set charge, seems unlikely to be taken forward; • digitalisation of the planning system; • encouraging more and simpler neighbourhood planning; • allowing communities to create local design codes “to shape streets as residents wish”; and • making local plans “simpler and shorter”. Other proposed planning changes feature in the levelling up white paper, including • “a more positive approach” to employment land in national policy; • “further greening the green belt” (whatever that may mean); • greater empowerment of communities to shape regeneration and development plans; • increasing engagement with infrastructure providers in plan-
ACANews JUNE 2022
making; • “more accessible” part visual part face-to-face models for planning committees; • enhanced compulsory purchase powers to support town centre regeneration; • further support for the development and re-use of brownfield land; and • “every part of England that wants one will have a devolution deal with powers at or approaching the highest level of devolution”. GOVERNMENT RESPONSE TO THE PLANNING WHITE PAPER Last November it was announced that the government’s long-awaited “final response” to the planning white paper would come forward in the earlier part of 2022, but this was again delayed until after the local elections. Some white paper proposals have been restated in the levelling up white paper and others that don’t feature in the latter are nonetheless still on the government’s agenda, including • whether permitted development schemes should be liable to pay contributions to local infrastructure; • planning changes to encourage faster build-out of housing permissions; • developing a “comprehensive”resources and skills strategy for the planning sector to support the changes government is planning to make; • revision of the government’s standard method for assessing housing need to factor in local constraints, perhaps enabling the production of a “binding” target for authorities while removing the requirement on them to provide a five year supply of housing land - although concerns that housing need figures should not be mandatory has apparently been heard “loud and clear”; and • how the planning system will support the UK’s commitment to bring all greenhouse gas emissions to net zero by 2050. Finally, Gove has confirmed that the proposal for growth areas, allowing the principle of development of a site to be established by the local plan without the need for a full application, has been dropped.
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BUILDING SAFETY ACT 2022 In February DLUHC introduced measures to the Building Safety Bill that could force developers to fund the removal of unsafe cladding, whether or not their firms were responsible by prohibiting a person from carrying out development of land in England; a prohibition could be imposed “for any purpose” relating to “securing the safety of people in or about buildings in relation to risks arising from buildings”, or “improving the standard of buildings”. The bill has now received royal assent (28 April), but is unikely to be fully operational until 2023: it has been discussed here before and details will be in the next Newsletter. BUT see next page. IMPLEMENTATION OF THE ENVIRONMENT ACT A government consultation on how the delivery of a net biodiversity gain of ten per cent will be implemented closed on 5 April. Developers will be expected to submit biodiversity gain plans as part of their applications and performance against the requirement will be measured using biodiversity metric 3.0, published in July last year by government adviser Natural England. Following criticism of the metric, the Department for the Environment, Food and Rural Affairs (Defra) intends to consult on an updated version “later this year”, when It will also respond to its consultation on how the new local nature recovery strategies (LNRSs) should be prepared. The Act also creates a requirement for all local authorities to produce a biodiversity report “at least” every five years and further guidance is expected. NATIONAL PLANNING POLICY FRAMEWORK AND NATIONAL PLANNING GUIDANCE REVIEWS In its January 2021 consultation on revisions to the NPPF, the former Ministry of Housing, Communities and Local Government (MHCLG) announced “a fuller review of the framework is likely to be required in due course” and in July the government reiterated its intention to carry out the review, partly to address concerns over the revised document’s lack of consideration for wider net zero ambitions. It is intended to revise the NPPF to remove size limits on First Homes exception sites, which are areas of land not allocated in local plans that can be developed for homes for first time buyers. It has been suggested that significant parts of the levelling up white paper agenda could be delivered through NPPF revisions, avoiding the requirement for legislation, but this may not happen for a while. The NPPF review is not expected until well after any legislative changes and not until 2023. Defra had pledged to publish updated planning guidance on flood risk in 2021, but a spokesperson has indicated that an NPPF review, contributing to climate change mitigation and adaptation, will be sufficient. ENERGY Newspaper reports in February suggested that the government was poised to change planning laws to encourage onshore wind farms and nuclear energy, in a bid to improve the UK’s energy independence; while BEIS is due to respond to its consultation (which closed last year) on updates to national policy statements (NPSs) for major energy infrastructure projects, including those relating to fossil fuels, renewable energy, oil and gas supply and storage, electricity networks, and an overarching energy NPS.
AREAS OF OUTSTANDING NATURAL BEAUTY In January, the government responded to journalist Julian Glover’s review of national parks and AONBs by seeking views on whether they should be given statutory consultee status on planning applications, and how AONB teams can achieve better outcomes through the plan-making process. Further information to follow. STREET VOTES The government is exploring the concept of ‘"street votes”, where a plan that allows greater densification of properties within a limited area could be drawn up and submitted to the local council by 20 per cent of each street’s residents, thus triggering a local vote on the plan. If passed, residents in the street could receive automatic planning permission for planned new homes or modifications to their dwellings. A pilot for the initiative in a number of areas is expected before considering a wider rollout. JUDICIAL REVIEW AND COURTS BILL At the time of writing, the Judicial Review and Courts Bill was at report stage in the House of Lords, after which it will return to the House of Commons. It proposes a new measure that would allow the courts to suspend orders quashing planning permissions with legal flaws, giving those involved time to rectify them without losing the consent altogether. PERMITTED DEVELOPMENT DLUHC planning director Simon Gallagher has confirmed that the government is considering an impact assessment of PD rights introduced since August 2020; and Gove also said that, following his appointment as levelling up secretary, he has initiated a review of proposed planning reforms with regard to the impact of PD rights. Proposals to make second homes and holiday lets a separate category in planning use classes and a clamp down on those ”gaming the system” by seeking retrospective planning permission are also under consideration. HERITAGE In May 2021, housing secretary Robert Jenrick commissioned a review into how the Planning Inspectorate and planning policy "considers and defends heritage" in the wake of a controversial government consent for the redevelopment of a grade II-listed former foundry. At the time the MHCLG did not provide further details on the review’s scope, or a timescale for completion, so watch this space. n
UPDATE The Levelling Up and Regeneration Bill (LURB) was published in full on 11th May. It has 325 pages and 196 clauses, covering everything planning from increased application fees (of at least 25%) to “street votes”, and has been described by Liz Peace as a kitchen-sink bill. Further details and a useful summary can be found at http://linktr.ee/lurbplanning
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LONDON PLANNING & DEVELOPMENT FORUM ACA excellence in practice
Get up to date on planning changes... London Planning & Development Forum On Monday 6th June 2pm for 2.30pm start at 22 Gordon Street, London WC1H 0QB room1.02, (formerly Wates House) Hosted by Dr Jessica Ferm, Associate Professor in Planning and Urban Management, Director of Undergraduate Programmes, Bartlett School of Planning, University College London (UCL)
Discussion topics: 1 Material Considerations: Climate change, embodied carbon and the role of planners Led by Alison Bembenek of Lichfields who takes a closer look at the potential implications of emerging policies for embodied carbon in planning. It follows on from Lichfields recent insight on the role of the planning system in targeting net zero, and Fred Pilbrow, partner in Pilbrow & Partners, the M&S Oxford Street architects. SEE: Simon Ricketts: Does My Embodied Carbon Look Big In This? SEE: https://https://tinyurl.com/4edn35a2
2 Implications for planning reform and arising from the Queen’s speech led by Tony Mulhall of the RICS and John Myers talking about the implications of ‘Street Votes’ as amalgamated within the Levelling Up and Regen Bill. SEE: https://tinyurl.com/4phyzpbx 3 The CaMKoX Arc - latest! Matt Allen of Bidwells. SEE: https://radical.bidwells.co.uk/ Followed by a glass of UCL wine and some networking TO COME PLEASE EMAIL JAMES MITCHELL jm@axiomarchitects.co.uk No charge Proceedings are published in Planning in London
We can send ACANews to your partners and co-directors As a member you represent your practice. The other principals can most easily enjoy the benefits of membership by signing up for free – they just need their ARB number handy. Please ask them to go to: https://acarchitects.co.uk/join-the-aca/ It just takes a couple of minutes!
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ACANews JUNE 2022
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FROM THE PRESIDENT
From the president Andrew Catto ponders on the valuable contents of this issue of ACANews
We all know that not changing the brief is the secret to get- not green enough. Real planning reform, and enough staff to ting anything done even close to time and budget. 2022 run it, can’t come soon enough, but this isn’t it. however is not going according to plan. Last year the Covid As well as Andy’s regular insight on planning reform it’s recovery got the blame for inflation and materials shortages. always a pleasure to read Max Winthrops’ customarily amusing Now thanks (not only) to the invasion of Ukraine we have yet practical look at HR matters something all practices need to shortages, inflation and a slump in new commissions all at keep in mind. This time with cakes and lemonade as well once whilst householders and developers alike ponder if they bondage equipment and ferries. can afford to build at all. Take a look on page 12. His comment that part of the probSome change however brings opportunity. Control of my lem is the way we legislate almost brings us full circle to the local council changed last month for the first time in 44 years. Building Safety Act and piecemeal planning reforms I have The previous Housing chair wanted to pull everything down as touched on above. beyond repair. The new one wants to insulate it all. But nobody I was fortunate to be in the room for the CULS Planning and told the planning department who are still busy rejecting exter- Levelling Up-Date on 8th March. nal insulation and heat pumps. One of the benefits of ACA membership is when it provides Building Safety Act is now here to change all our lives and access to events like this with an excellent line up of influential hopefully not just with more and informed speakers. The paperwork and ever spiralling PII report, starting on page 20, One of the benefits of ACA premiums. Richard Harrison has gives a flavour of the huge membership is when it provide been representing the ACA from range of topics covered, but access to events like this with an better still to hear and see the through the Bill’s gestation and rightly gets the front page of excellent line up of influential and speakers live on the day along this ACA News to explain the with fellow professionals and informed speakers changes. There’s more from many potential clients. David Mosey on page 39 about Check the regular email getting procurement right in the new context. bulletins from the ACA for more events and CPD opportunities The DLUHC have been busy. The Levelling Up and and ensure that your colleagues get these too by signing up on Regneration Bill promises to change how we work, but maybe the ACA website – at no cost. not so much as we once thought. The big bold ideas from last Thanks to British Home Design and Move Architecture for year’s White Paper on planning reform have been quietly contributing two different and interesting projects to the dropped but a lot of it still survives bundled up here, including gallery (page.16), to Karashetskyy Architects’ for news of their an increase in planning fees and faster timetables (but more restaurant in Lviv and commiseration to Anthony Carlile for his consultation too?) for revising local plans. The ACA’s regular gem of a guest cabin that ‘got away’. I challenge our long term planning expert (and architect and Past President) Andy Rogers members to prove that we too have some great projects to has more detail on page 6. share. In the last issue I wondered if the ever expanding range of Lastly my thanks to fellow council member John Assael for development allowable by Prior Notification was really ‘permit- sponsoring this edition of ACA News. With his RIBA experience, ted’ if the local council can refuse it on the grounds of appear- John’s input to Council is invaluable. We need more like him – ance? In London it seems to be that the Local Council, who you? Do consider joining us on line for one meeting soon (no know your scheme’s too big but really want the CIL money, will strings) for some lively discussion knock a bit off. The Mayor then calls it in, adds more floors to And please don’t forget to respond to the ARB’s consultation increase the affordable (which isn’t) housing ratio, after which on PII – link on p.48. This goes to the core of making a success the DLUHC in turn call it in and refuse for poor design and / or of practice and affects architects more than most. n
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2009 - 2013 The Greenwich Hotel Concept to completion for Perequin 2003 - 2016 Great West Quarter / Brentford Concept to completion for Barratt 2004 - 2012 Lumiere Apartments / Wandsworth Concept to completion for Henley Homes 1999 - 2006 Great Northern Tower / Manchester Concept to completion for Taylor Wimpey
2003 - 2008 Tachbrook Triangle / Westminster Concept to completion for Barratt
2002 - 2008 Paynes & Borthwick / Greenwich Concept to planning for United House 2001 - 2014 Macaulay Walk / Clapham Concept to completion for Grainger
2012 - 2018 Young Street / Kensington Concept to completion for Grainger 2013 - 2015 Queen’s Wharf / Hammersmith Concept to technical for Mount Anvil
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PARTYGATE, SEAFARERS AND MORE ACA excellence in practice
Partygate, Seafarers and the co-efficient of the expansion of Brass…. Max Winthrop wonders about the wisdom of having office parties
Max D Winthrop, partner, Short Richardson and Forth Solicitors
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Apparently minor details, in law as in other fields of human endeavour, can in the right circumstances have quite extraordinary ramifications. The law of negligence derives its founding principles the consequence of what may have been in a bottle of lemonade, offered as a thirst quencher at the Minchella Café in Paisley one sunny summer in the 1930s. Alfred Arthur Rouse suffered the ultimate penalty because his defence to murder - based on expert evidence - collapsed when his engineer did not know the answer to on question: what is the co-efficient of the expansion of brass? And a couple of years back the Supreme Courts of both the USA and the UK grappled with questions of free and coercive speech where the contested subject matter was what bakers were prepared to bake for their customers, and how the cakes were to be decorated. Only a few years ago the idea that a workplace party and the presentation of a birthday cake could provoke a constitutional crisis would have seemed laughable. But as I write this, while war of a type few would have dreamed would return to Europe rages, the seemingly trivial has the potential to undermine not just governments but a fundamental constitutional convention that Parliament should not be misled. I am not a constitutional lawyer, however, and so the detailed analysis of the Partygate crisis I leave to others. However: it does have one resonance, albeit at lower level, for employment lawyers: how can conduct outside the workplace and the working day form the basis of a potentially fair dismissal? Before lockdown put paid to office parties, January and February used to be a time when employment lawyers would be awash with enquiries where the factual matrix concerned office party had proved a little too in terms of temptation for particular employees (or even, dare I say it, the bosses). Like so much in employment law context is all: even criminal behaviour may not be sufficient to instigate disciplinary sanctions, a principle set out clearly in ACAS’s Code of Practice. What is important, in deciding whether any particular activity is sufficient to justify a disciplinary sanction, is the employee’s suitability to continue to do the job in the light of the allegations, and the effect that the allegations may have on work
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colleagues and customers. Thus, in the case of Pay v Lancashire Probation Service the employee was a very well regarded and long serving Probation Officer. He did, however, have a side-line: he performed in fetish clubs and ran a mail order company that supplied bondage and sado-masochistic “equipment.” Notwithstanding arguments based on the right to a private life, or that none of his activities took place in working hours the dismissal was held to be fair: the potential damage to the employer’s reputation justified dismissal. Just before Partygate dominated the headlines there was one other story that took precedence for a time over the war in Ukraine: the mass sacking at P & O Ferries. For a maritime nation, the rights of those that work in our merchant fleet rarely excites much attention. Indeed, as foreign flagging has increased since the middle of last century it is perhaps a little misleading to talk of “our” merchant fleet. Whilst the method of communicating mass redundancies seems to have generated much of the criticism – I think because it was pre-recorded – the whole sorry saga has illuminated just how technical the law of collective redundancies has become, and how many traps await the unwary, whether employer or employee. Of course, unless any ACA members run their practices from a floating HQs in international waters, they are unlikely to be faced with some of the technicalities assiduously ignored, so it would seem, by P & O ‘s management. And what a lot of technicalities there are. Whilst much media interest concerned that pre-recorded Zoom call, employment lawyers have been asking questions such as how many seafarers were there on each ferry? Where were the ferries going – between ports in the United Kingdom or between the United Kingdom and ports in other jurisdictions? How long had the crew been employed? In which state were the crew domiciled? The answer to these questions can make all the difference between a nailed-on claim or a complete defence. Part of the problem is the way we legislate. Rationally you might expect there to be one statute that has the answers to all the questions posed above, but there is not. Individual questions of fairness are covered by the Employment Rights
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EMPLOYMENT LAW
Act 1996, but collective issues are covered by a different statute – the Trade Union and Labour Relations (Consolidation) Act 1992. It is the latter Act that would apply if employers decide that they need to make more than twenty employees redundant in one go. British seafarers, generally speaking, will have slightly different rights to land based British workers even if UK domiciled, when it comes to some fundamental aspects of their employment rights. Then there is the question of the National Minimum Wage Act: why can P & O ditch its UK crew and replace them with foreign nationals on less than UK NMW rates? Because, at least for now, the NMW does not apply to non-UK domiciled workers who may be based at a UK port, but whose role involves sailing out of the UK to a port beyond the jurisdiction - such as Calais. In 2020 the National Minimum Wage (Offshore Employment) (Amendment) Order 2020 amended the National Minimum Wage (Offshore Employment) Order 1999 (SI/1128) with effect from 1 October 2020 – but these changes only extended the right to the minimum wage to all seafarers and employed fishers working in the UK territorial waters, regardless of where they ordinarily work or where a ship is registered. So why no national minimum wage for foreign ferry crews on the Dover to Calais run? Because there is an exception: workers on ships exercising “innocent passage” or the right of “transit passage” – terminology derived from a UN Convention on the Law of the Sea - are not covered even by the amended legislation unless the worker is domiciled the in the UK. The attentive reader might now raise a question: isn’t “nationality” part of “race” as a protected characteristic under the Equality Act 2010? Well – yes it is: by section 9 of the Act “race” includes nationality and national origins. So would not treating a foreign national less favourably than a UK worker amount to discrimination? Normally – yes. But when it
comes to seafarers we have to look at another statutory instrument with an over long title: the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011. Regulations 5 disapplies nationality as a protected characteristic when it comes to differences in pay for seafarers – which is why P & O may, for now, once workers have been sacked on certain routes, be able to recruit cheaper foreign labour. With adverse publicity generated by the exercise, the potential for claims for unfair dismissal, for the failure to consult collectively (worth up to 90 days’ pay for each affected employee) and the penalties for failing to file a form informing the Secretary of State of proposed redundancies it is not surprising that many will be question even the economics of P & O’s decision, even without criticizing its ethics. If there is a takeaway from the P & O saga it is that redundancy exercises involving more than twenty employees are fraught with dangers for the unwary – get advice if you are ever in the unfortunate position of contemplating redundancies on this scale. As for Downing Street, one feature that differs here form the usual scenario that I am often asked to advise on is that the police and the criminal process have preempted the ongoing investigation into the behaviour of the staff. If we are looking at criminal actions by an employee, employers are often faced with having to decide whether to run their own inquiry or wait a prosecution. The problem with that is that usually the criminal process is very slow. Particularly if an employer decides to let the criminal courts do the decision making (although not something I would normally advise) what do you do with the employee in the meantime? If the employer is happy to suspend the employee on full pay, there will not be a problem. As regards Partygate we already have convictions - or at least fixed penalty notices – but the Sue Gray report is still awaited as I write. All in all, I do often wonder about the wisdom of even having office parties. n
...and just in case you are wondering, the co-efficient of the expansion of brass is 0.0000189: how that led to the successful prosecution of Alfred Arthur Rouse for murder is story for another day….
S R & F are a leading national authority on employment law. They provide the ACA employment law helpline For details see next page
ACANews JUNE 2022
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ACA EMPLOYMENT LAW HELPLINE ACA excellence in practice
ACA members’ employment law helpline SRF – the leading employment law practice which is based in Newcastle – provides a helpline and a discounted advice service to members
The ACA has negotiated special rates for employment law advice with Short Richardson & Forth Solicitors Limited, a law firm based in Newcastle upon Tyne and Manchester but operating nationally: the members of the employment team regularly appear in Employment Tribunals and County Courts throughout England and Wales together with the Employment Appeal Tribunal and Central Arbitration Committee. As employment law is not governed by national jurisdiction issues the team also take case in the Employment Tribunal in Scotland, and the team can also advise on transnational employment rights. Employment, however, is not just about contentious tribunal work: special rates have also been agreed for contract reviews and for in house training sessions. How it works ACA members have a special discounted rate for advice as per the table below; ACA members are not charged travelling time other than
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expenses; ACA members get the benefit of a fixed price for types of employment work, specifically: 1. Staff handbook and contract review - £700 plus VAT; 2. One day hearings in the employment tribunal (usually, but not exclusively where you would be defending an unfair dismissal claim - £5,000 plus VAT; 3. Additional specific tailored training for individual members delivered in house – half day courses at £500 plus VAT. Advice Line The advice line covering all aspects of employment law will be provided to ACA members. In order to access the advice line the ACA member simply needs to contact one of the Firm’s members as listed here. A file will be opened for that Member and thereafter the Member will be able to discuss issues as and when they arise in the workplace. The Member would then be billed on a monthly or quarterly basis in accordance with the rates set out below.
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BUSINESS SUPPORT FOR MEMBERS
ACA has a partnership with Management for Design to provide financial and business management support services to members
>>>
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THE GALLERY: BRITISH HOME DESIGN ACA excellence in practice
Members are invited to submit pictures and captions of current or recent projects for publication in The Gallery. Drawings are especially welcome
BRITISH HOME DESIGN The Gables is a 16th Century Cottage in the heart of a charming Suffolk village. Marketed by Savills as a property requiring modernisation and with great potential, required a design eye to bring the property which had been unsympathetically extended over the years - into the 2I st century and back to life. The property purchasers - our amazing lients Mike & Liz - were keen to find an architect who could bring passion to their project and British Home Design was instructed to formulate a series of contemporary extensions to both contrast with and www.britishhomedesign.com enhance the existing property.
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In their 5* review left on Google, our delighted clients wrote "Sami, our architect, met with us and displayed an enthusiasm for the project that matched our own. With a difficult brief, Sami took time to understand our requirements, our ambitions for the project, and our design ideas and mixed them all together to come up with a clever design that utilises as much of the existing building as possible whilst infusing it with a modern and contemporary design." We worked closely with our clients for weeks perfecting the design and exploring all possible options before moving forwards to the finalised design, which is currently under construction.
The Local Planning Authority case officer is equally as delighted with the result and was cited to say in her delegated report that "The proposed additions to the dwelling are contemporary, purposefully contrasting with the original form and appearance of the dwelling. and went on to say: “The contemporary design approach to the dwelling extensions is welcomed given the well-considered way In which the additions harmonise with the existing built form”. We agree with the LPA that "The proposal successfully incorporates modern additions into the traditionally designed dwelling, whilst preserving and enhancing local built character”.
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MOVE ARCHITECTURE
Dr. John F Smith is Director of Transport Architecture at Move Architecture and a member of ACA Council. John’s core area of expertise is in Station Planning, Development & Urban Integration. He is experienced in Masterplanning, Transport Oriented Development & OSDs. He was Richard Rogers' Project Architect for Marseille Airport. He led Will Alsop's project team for the original concept design & planning of Crossrail's Paddington Station and for Jubilee Line's North Greenwich Station. He was a consultant to Hong Kong MTR & KCR, & later director of architecture for the first phase of Singapore MRT’s Circle Line. He led the consultant architectural team on Dublin’s Metro North & was subsequently appointed by the Railway Procurement Agency as interim chief architect for the Railway Order planning process. He is an Expert Adviser with Crossrail International.
MOVE ARCHITECTURE Shoreditch High Street Station (ABOVE) Phase 1 of the East London Line project extended the original line at its northern and southern ends. The northern extension runs from Whitechapel to Highbury & Islington, connecting with the North London Line. The project included 12km of twin track railway, four new stations and the refurbishment of eight existing stations. We were responsible for the design of several elements of the project, including Shoreditch High Street Station, acoustic barriers and architectural input into the design of two bridges. The station is located along a new rail viaduct constructed between Shoreditch High Street and Brick Lane on the site of the disused Bishopsgate Goods Yard. The land around the station covers 4.4 hectares and was designated for urban regeneration. It has been described as “fiendishly complicated to develop” and the station was carefully designed to facilitate these opportunities. The viaduct level platforms are fully enclosed to enable the construction of new buildings around the station. For this reason, and despite being an elevated station, it has been designed to meet underground station technical standards. The Doha Metro System (RIGHT) The Doha Metro System will consist of four lines - the Red, Gold, Green and Blue Lines - with more than 80 stations when fully complete. It will link Hamad International Airport with the city centre and will connect the stadiums to be used for the 2022 World Cup. The aim is develop an urban metro that will be integrated with a ‘comprehensive and consolidated national railway system’. We were appointed by Qatar Rail as part of a consultant team to undertake feasibility studies and develop concept designs for stations and for architectural branding for the system. We developed generic designs for typical underground, at-grade & elevated stations. Design concepts were also produced for major, landmark stations at Msheireb, West Bay & Education City. n https://movearchitecture.co.uk
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Quote “ACA’ when enquiring for a specially negotiated members rate
Experts in R&D Tax Credits for Architecture What Is R&D? R&D stands for research and development. It is the process of taking an idea and transforming it into a fully-fledged product or process. Researching, designing, creating and testing are all part of the R&D process.
Architecture R&D
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R&D in architecture can include utilising and advancing technology such as improving how materials or products are used, or overcoming uncertainties by way of development in testing and prototypes or designing anything bespoke to you.
We arrange a FREE no-obligation phone call to discuss your business, if we believe you are eligible then we will start the claims process. Architecture is innovative by nature, so most projects qualify, most claimants were unaware that they qualified!
Charlotte Rope 07506 446127 / 0330 002 0010 charlotte.rope@greenjellyfish.co.uk 18
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Scan the QR code for more information! www.acarchitects.co.uk
LANDSCAPE SHOW 2022
The ACA’s new partnership with Landscape Show 2022 The ACA is delighted to be partnering with the Landscape Show 2022, as we appreciate the holistic nature of architecture and how it blends and unifies indoor spaces with the outdoors. LANDSCAPE - the UK’s premier landscaping exhibition, looks to showcase the industry more than ever before by bringing more exhibitors, more visitors and even more features to Hall 3 at the NEC - National Exhibition Centre in Birmingham on the 28th and 29th September 2022. Welcoming over 250 exhibitors with a vast collection of industry-leading products, services and innovations for the design, build and management of exterior and interior landscaping projects, LANDSCAPE 2022 is the trade event you will not want to miss, and the best part is - it’s all FREE! The LANDSCAPE Show is the chance of the year to network with professionals at the top of their game at the largest event the industry has ever seen! LANDSCAPE is proud to say that 86% of visitors are very likely to recommend and use an exhibitor for a future project, and the exhibitor list continues to go from strength to strength, year on year. The extensive exhibitor list ensures that when they say
that there is “something for everyone”, they really do mean it! This year alongside the highly anticipated CPD accredited seminar programme, LANDSCAPE will be introducing some brand-new features including a Student Showcase by London College of Garden Design, and an additional program of ‘How to’ Seminars for anyone in the industry to learn, be inspired and expand their skills. Back again at the central bar area, LANDSCAPE will be hosting the incredibly popular PechaKucha 20x20 and Meet the Designer programme. LANDSCAPE’s Women in the Industry Day was so well received in 2021 that it’s back with an additional Networking Morning running in conjunction with #Yes She Can. Also back this year is the highly anticipated design competition, which will be focused on Wildlife Friendly designs and supported by the Warwickshire Wildlife Trust and Birmingham and Black Country Wildlife Trust. Both the exhibition and all seminar sessions are free to attend. For more information or to register to attend the show, simply visit the registration page online. Expect the biggest names in landscaping to
feature in the 2022 line-up and be sure to keep an eye on LANDSCAPE’s social media channels for the latest updates and be the first to hear about even more reasons why LANDSCAPE 2022 is the show you do not want to miss. See you there! Further information can be found online: Website: www.LandscapeShow.co.uk Email: info@LandscapeShow.co.uk Phone: +44 (0)20 7821 8221 Twitter: @LandscapeEvent #LANDSCAPE2022 Instagram: @Landscape.show #LANDSCAPE2022
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Join ladies from all aspects of the industry as they come together to support, talk, share and celebrate their achievements and continued drive to push forward. LANDSCAPE’s Women in the Industry Day was so well received in 2021 that it’s back again, bigger and better than before plus it’s all free to attend!
SUPPORTING AND INSPIRING THE NEXT GENERATION OF WOMEN Start off Day 2 of the Show at the Women in the Industry networking morning at 10:15am, run proudly in conjunction with #Yes She Can! Enjoy a coffee and a catch up as you network and listen to shared stories from others championing diversity. The networking morning will be followed by a full day of interviews led by #Yes She Can and leading women from different specialties. With so many amazing career opportunities in the Landscaping industry, come and listen to inspirational women as they talk about their experiences, how they push forward in their respective 昀elds and what they hope for the future. LANDSCAPE – the trade event for the industry will be back at the NEC on the 28th & 29th September 2022. Don’t forget to register online to attend for free: www.landscapeshow.co.uk/register
Join LANDSCAPE and event partner #Yes She Can as they bring together women to network, support and inspire. Alongside #Yes She Can and our interviewees, LANDSCAPE works with over 80 media and trade associations to push and support growth and diversity in the industry.
From www.planninginlondon.com
The levelling up white paper & planning + implementing the London Plan Account of Forum meeting on 8th March jointly with Cambridge University Land Society and the ACA. Full minute by James Mitchell also at planninginlondon.com > LP&DF Moderators Brian Waters (BW) Paul Finch (PF) Speakers Joanna Averley (JA) Professor Robert Adam (RA) Roy Pinnock (RP) Janice Morphet (JM) Dr. Nicholas Falk (NF) Dr Steven Norris (SN) Max Tolley (MT) David Bainbridge (DB) Rob McNicol (RM) Paul Finch (PF)
Joanna Averley (Department of Levelling Up Chief Planning Officer) • JA is privileged to be chief planning within government and be able to bring outside practice into government • JA started by reflecting back on the year and the mobilisation of the planning system to address current challenges of the world. in summer ,July, an updated policy within the national planning policy
framework has been lunched reflecting on the role of design and place making and strengthen the NPPF in terms of addressing some of the issues regarding the protection and enhancement of the environment, journey to net 0 and the how to address climate adaptation. • National Model Design Code has been launched. It encapsulates and advocates how the process of design and spatial planning delivers good outcomes on the environment, quality of places, buildings, and spaces, and on the delivery of all type of infrastructure. • National Model Design Code - sets the menu of issues and opportunities (page 7, part 2). It clearly describes the issues that we consistently should consider when designing and planning at different scales.It is about the importance and value of context as starting position of any design and planning; movement promoting active travel; nature - how to protect it and enhance it; build form, identity ; public space; homes and buildings space standards, uses, resources energy heat, and lifespan management. Many people use page 7 as a checklist and to start conversations with communities and local authorities about what is important to them and adapt the local policies.
Meeting held on Tuesday 8th March hosted by Dentons Chairman Brian Waters Speakers Speakers: Joanna Averley, The Government Chief Planning Office: Keynote Roy Pinnock, Partner, Dentons UK & Middle East LLP Professor Robert Adam Professor Janice Morphet, UCL Dr Nicholas Faulk, Executive Director, URBED Trust Steve Norris, Lambert Smith Hampton Max Tolley, England Policy Officer, RTPI
Nicholas Bosetti, Centre for London David Bainbridge, Partner, Savills Sanmi Adegoke, Rehoboth Property International Dr Riette Oosthuizen, Head of Planning, HTA Design Moderator, White Paper Discussion & Q&A: Paul Finch, Thomasin Renshaw, Development Director, Pocket Living Rob McNicol, Acting London Plan Team Manager GLA Paul Finch OBE, Director World Festival of Architecture, & Co-Editor PiL
Joanna Averley JA talked about digital transformation and the potential of big data and how it has huge capabilities to help cut short the planning process by mobilising the data to help decision making. There is a huge investing to mobilise the data capability and bringing digital to make things easier, clearer, faster with less prone to errors causing delays.
Participants: Mike Adams Adams Infrastructure Planning Ltd Arthur Bessis Student, University of Cambridge Ian Blacker Planning Director, Tetra Tech Planning Andrew Catto President - ACA, Andrew Catto Architects Sue Chadwick Strategic Planning Advisor, Pinsent Masons LLP Winnie Che MPhil student | MRICS, University of Cambridge Benjamin Choo Student, University of Cambridge Victoria Collett Senior Development Manager, Legal & General Suburban BTR Jan Derlatka Student, University of Cambridge Kassie Foot Rolfe Judd Ltd Melanie Hern, COO ACA Daniel Formston Residential Research Analyst, Savills
People are anticipating change in terms of adaptation and improvements of the planning system. Reflecting on the Levelling Up White Paper - it is a new department for levelling up housing and communities, having a set of consideration - health disparities, the quality of houses, economic outcomes, delivery of environment and access public spaces. The process of change in the planning system has to include all the parties form private and public sector and be more clear collectively of the role planning system. Questions: Victoria (Legal General Suburban Build To Rent): We have a big scheme in West Sussex that has been held up because of water neutrality issue. We are not the only one having this issue and it seems to come up a lot lately. I was wandering how are you going to balance the delivery of new homes with the strategic level environmental issues? JA: We have close working relationship with DEFRA and Environmental Agency and Natural England and it is a pressing and important issue for all us and it is an active policy area that we are looking at the moment. Not being able to disclose more at the moment. Trebicon (Associate Director Cities) dealing with master planning for over 20 years I found myself increasingly disenchanted by the process of master planning - it is too linear, takes too long especially now when the context is quickly changing and so much disruption happening. Do you think that the master planning is still fit for purpose? JA: Take same principle as design - it is a process. It should deal with uncertainty. A masterplan should be adaptable to change. A good example is fixed bits of infrastructure that enables things to happen in and around them. You will never embark in a project without having a plan and the masterplan is a three dimensional of a plan and it should look a bit into Christopher Francis Director, West & Partners Vendela Gambill Student, University of Cambridge Beth Gascoyne Partner, Cripps Pemberton Greenish LLP Thomas Gibson Account Executive, Redwood Consulting Tom Haworth Design Manager, Tide Construction Ltd Abigail Heraty Planning Manager, Amro Real Estate Partners Daniel Hill Student, University of Cambridge Garth Holden Analyst, Brydell Partners Roddy Houston Chairman, CULS Commercial Property Agency Government Property Agency, Cabinet Office Bairun Huang Student, University of Cambridge Patrick Inglis Architect, IBLA Shayan Keyhan-rad MD, Investre Limited Avanes Khachaturov Student, University of Cambridge 22 Oliver Lazarus Architect, Urban Mesh Nicholas Lindsey Student, University of Cambridge
Annual Planning and Levelling Up-Date 2pm Tuesday 8th March 2022 At Dentons, One Fleet Place EC4M 7WS The levelling up white paper & planning + implementing the London Plan KEYNOTE The government chief planning officer Joanna Averley Roy Pinnock, Dentons Professor Robert Adam The role of the Office for Place WHITE PAPER & PLANNING Housing - a growing role for councils Professor Janice Morphet UCL What to do with the High Street? Dr Nicholas Falk URBED Delivering the renaissance of our towns and shopping centres Steve Norris Lambert Smith Hampton RTPI Proposals for Planning Reform Max Tolley England Policy Officer RTPI
New focus on employment land Nicolas Bosetti Centre for London Green Belt release – only by appeal? David Bainbridge Savills White Paper panel discussion with Q&A Sanmi Adegoke, Rehoboth Property International, Dr Riette Oosthuizen, head of planning at HTA Design, Thomasin Renshaw, development director at Pocket Living and speakers –Moderator: Lee Mallett IMPLEMENTING THE LONDON PLAN Rob McNicol Acting London Plan Team Manager, GLA THE WIND-UP Paul Finch NETWORKING AND DRINKS
PLEASE BOOK HERE: https://www.culandsoc.com/events/annual-planning-and-levelling-up-date/
>>> Jacobus Lombard Principal, Deon Lombard Architects Maber-Jones Student, University of Cambridge Ian Marcus OBE Senior Advisor, Eastdil Secured President, Cambridge University Land Society Gregory Markes Senior Planner, Quod Julie Mc Laughlin Associate Director, Tetra Tech Planning Lucy Minyo Richard Morton Director, Richard Morton Architects Ltd Peter Murray Curator-in-Chief, New London Architecture Louisa Nie Grosvenor Alice Perkins Student, University of Cambridge Richard Pia Account Director, Camargue David Primost Managing Director West Heath Properties GmbH & Co KG Jane Qin Student, University of Cambridge Yao Qu
Student, University of Cambridge Zaid Randeree Student, University of Cambridge Quinten Richardson Judith Ryser Director, CityScope Europe Judy Slater Consultant Martin Stepanek Student, University of Cambridge Emilios Tsavelles Senior Planning Manager, SAV Group Jerry Unsworth Independent Planning Consultant, Unsworth Planning George Vasdekys Partner, Salisbury Jones Planning Brian Waters Principal, The Boisot Waters Cohen Partnership Myriam Waters Robert Waugh Associate Director - Asset Management LocatED Property Ltd Salvador Widdicombe Student, Cambridge University Mark Willingale Architect, Willingale Associates Shuqi Zhang Head of Business Development, Country Garden Holdings Company Ltd Yangfan Zheng Student, University of Cambridge
>>> the future and allow for changes. A question about spatial planning. The process of planning for future and future generation is lost in planning. Is it enough to plan at district planning - or should it be a higher tier of plan making than district planning? JA: To recognise the ability and flexibility of the local authority to do joint planning and do not stop at boundaries. Indicating the balance has shifted that regulatory is the predominantly but it is important. It is enable by a strong plan to protect and enhance what is important now. We have a strong agenda on beauty, environment, quality, place making, housing, infrastructure etc. Professor Robert Adam (Robert Adam Architectural Consultancy Ltd) Office for Place The presentation is a series of joint up parts that the Office of Place is part of. It began with building beautiful commission /living with beauty policy proposition. -Series of policy preposition made up a matrix for how things proceed. -National design guide. Running in parallel. -June 2021, National Model Design Code RA showed a page from the National Model Design Code showing a cascade level of codes covering different scales and having different roles in different places. On the right it is an extract showing the Design Code Process and the key part of this process is consultation. -National Planning Policy Framework - 128 is referring to the design guides that provide a local framework for creating beautiful and distinctive places with consistent and high quality standard of design at different scales. The Office for Place has been lunched in July, 2021. Visions: • Catalysing fundamental change within and across all levels of government to support the creation and stewardship of popular, healthy, beautiful and sustainable places. • Help neighbourhoods, communities and public servants on their behalf routinely to ask for and to deliver both new places and manage existing places to be beautiful, popular and sustainable • Support with pragmatic expertise public sector planners and the British design & development industries to the best ‘place-makers’ in the world aided by improving UK and international data on happiness, health, popularity and sustainability. The Transition Board- has politicians, developers, planners, highway engineers, architects, and so on, to provide a reasonable cross section to help the guide. Piece of research - showed that the lost trust in the system. (2% trust developers to act honestly on
large developments; 7% trust councils to make the right decision on large developments.) Parasitic development and vicious circle - it is a negative view of how the planning system works. Houses not places (Unclear quality asks from the planning system) - Opposition to new homesConstrained allocation of new homes - High land cost and pressure on build costs. A virtuous circle of regenerative developmentPlaces not houses is the key issue - Less opposition to new homes- Democracy brought forward to plan making - Simple and predictable regulations. A degree of speculations is removed from land prices.
Office for Place: five principles • Empirical • Empowering communities • Flexible • Networked • Digital Office for Place: five activities • Researching; • Supporting and accrediting • Training • Celebrating • Advising Office for Place: Researching and Supporting Centred around the issues of code. RA highlighted that there is a confusion between what a code is and what a guidance is. A code is a binary choice - yes or no. A guidance is an advice to follow but you don’t have to. Universally we have the issue of lack of resources and skill and the hopes are by advancing a coding process before you get to land sale and start designing there will be more clarity. One key issues if you codify in advance it should reflect on land value. The more clarity one has the more accurate land value will be. Pathfinding - the institutional structure of the Office for Place still have to be structured. Creating a link between what a community would like to see within policy and how can be built into the coding system. Labour intensive and difficult thing to achieve these links are the utmost importance. Production of codes and the final product has to be transparent. Questions: Paul Finch: One of the most difficult things about this exercise is to define what ‘beautiful’ means and I wonder if it is a smart idea to inject the word into policy? RA: I made exactly the same point - it is the best you can do with a particular community. It is not static. Producing codes does not produce good design but it stops excess of bad design.
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Roy Pinnock CULS March 2022 - Planners and Levellers RP started with an overview of topics covered in 2019 about simplifying and speeding up planning, and strategic planning. In 2020, about the white eight but beauty, planning and London plan. • We are still talking about reform and basic delivery. Working without the adequate resources. • If we value planning - are we investing in it? It is telling us that we are not. If the system is asked to be more and more - it is an enabler, it is there to facilitate things to achieve macro political bills of levelling up and achieve positive change rather than simply regulate the spatial distribution of
activity. Resourcing Planning & Development Budgets (London) 2010/2011 to 2017-2018 Data shows that it has been a decline of almost 60%. The decline in funding over period and the actual expenditure just shows how unrealistic the expectation are. The demand for planning services is outstripping the supply. Local Plan and Policy Resource- Reductions in expenditure on planning (2009-10 to 2017-18) On the policy side - a reduction in expenditure is not showing the changes in subsidy. Bigger reduction in subsidy it goes into the planning system. We should not blame the system too much as it is a resourcing issue ultimately. Talent - Shift to the private sector (2006 to 2018) It shows that the public body do not necessarily have the actual capacity to deal with demands. Talent - UK Pipeland - DO Minimum The slide shows a series of pie charts from EuroStat European Labour Force Survey showing the different selected build environment occupations in different countries. Looking at the distribution of planners - in UK there are many surveyors (44%) and not as many planners (16%) in comparison to Netherlands where there are less surveyors (9%) and more planners (45%). There will be a significant drop off in the availability of planning talent. The legal system is overload due to chronic repeated performance.If we are resourcing the real issues we can tackle those over the 5-10 years. Questions: Steve: How do you make planning ‘sexy’ and how would you get schools to persuade students that planning is the right career for them. RP: If you have the window open just look at the view - that is about the contested space between planning with the economic need and design . Planning can be easy to be enticing to people and hugely exciting. >>>
>>> Janice Morphet (Professor at UCL) Involved in the research on the role of the local authorities re-energising their responsibility for the production and delivery of social housing. What does LUWP (Levelling Up White Paper) say about housing context: -It applies to all the UK - it is thin in terms of references as you go to the content. In Scotland, Wales and Northern Ireland the local authority would have a budget to deliver social housing and there is no right to buy. Perhaps England should be levelling up with the other 3 administrations and go back to having no rights to buy and each council having a budget. Research -in London boroughs the mayor has the responsibility of housing funding - and he created means by which each borough can bid for a 5 years program to deliver housing. The boroughs - 32% are building houses considering the land constraint. If you look outside London, local authorities are ‘stuck’ with Homes England, not having the 5 year program, no security and ability to rest on a project program. -Housing Quality is a key focus - the pandemic has shown a light in councils on the quality of the properties that they own and the kinds of properties which they are negotiation trough planning consents. Quality is absolutely key. • Levelling Up is a tool to reduce housing pressure in the SE - Janice response is ‘good luck’ with that.There is a housing pressure everywhere. On the NE the council are actually building executive homes to maintain having a mixed society. In other parts of the country there are building home for rent for young graduates to keep them in the area after graduation. - Housing is regarded as physical capital and also contributor to social capital It is not invested only in new places. What about the places that are not going to change that much? Should we be retrofitting, as RIBA said, our suburban area? They need to change as well and planning and housing can make some contribution to that. • Housing key in Level Up through productivity not only thinking of modern method of construction, it is also about the relationship between home and work, thinking about commuting, distances, costs of housing etc. Our economy is important in our relationship with housing. More details points of LUWP - most of these we have yet to see any action to how these will be implemented. • Giving renters secure path to ownership - ambition but we have not seen how this will happen • Combining housing with regeneration As part of the research a 100% survey has been taken - which is in the public domain and it is accessible for every council in England. The survey looked
BELOW: Janice Morphet’s slides
What does the LUWP say about housing? context • Applies across the UK • Housing quality key focus particularly in private and social rented homes • LU is a tool to reduce housing pressure in the SE • Housing regarded as physical capital and also a contributor to social capital • Housing key contributor to community pride in place • Housing key in LU through productivity
What does LUWP say about housing? proposals • • • • •
Giving renters secure path to ownership Combining housing within regeneration Build more affordable social housing Launch drive for housing quality and conditions Greater role for Homes England to support Combined Authority mayors and devolved funding for housing • Unlock pension fund assets for housing • Planning key means of delivering housing agenda
Meeting housing need • ‘The UK Government will also increase the amount of social housing available over time to provide the most affordable housing to those who need it. This will include reviewing how to support councils to deliver greater numbers of council homes, alongside Housing Associations.’ (p224) • National Landlord Register • Retrofitting for energy needs • Tackle anti-social behaviour
at what housing they are building, companies, joined venture partners, what are they doing with housing associations. Last year we found that a high number of councils engage and support housing trough regeneration schemes which are undertaken largely by the private sector. What recognition they are getting for this kind of contribution which is really coming out of a diminishing resource. We need to find more about this but the affordable houses are more secure basis for regeneration than retail or commercial - this is a very significant factor and the way the economy is moving at the moment. • Build more affordable social housing Interest to see how the budget is going to be changed and how to get the 5 years programme in the rest of England. • Launch drive for housing quality and conditions We have no information about this. • Greater role for Homes England to support Combined Authority mayors and devolved funding for housing • Unlock Pension Fund assets for housing. - this is a new idea but if the government were to imple-
ment the International Financial Reporting Standards - which is what every other OECD country uses as a basis for capital investment then we would be able to see more asset based investment. • Planning key means of delivering housing agenda. If we want developers and those with consensus to build out, you cannot rely on local authority to force this to happen, they just do not have the power. • Meeting housing needs - the UK Government will also increase the amount of social housing Available over time to provide the most affordable housing for those who need it. Scotland, Wales and Northern Ireland is doing that because the budgets have just been released and the number is going up, while England does not have the same kind of budget for the local authorities to be able to do that. • National Landlord Register Scotland - each local authorities would have become a letting agent to take on private sector dwellings in order to tackle homelessness. This is not the case in England. • Retrofitting for energy needs - same budget as the new build. We cannot do both so how can we manage that. • Tackle anti- social behaviour - A good example of this is the Exeter City Living - has been building to passive house standards for over 10 years. An independent assessment of how is it going it was found that domestic violence has been reduced and anti social behaviour gone down. There is less financial pressure domestically on bills. • There are some good point in the Levelling Up White Paper however the proof will be in the delivery and we have not seen this yet. Dr. Nicholas Falk (Executive Director, URBED Trust) What to do with the high street? A call for action now • Dr NF wrote a series of reports for town centres including vital and viable town centres. • He is an economist, urbanist,& strategic planner In the presentation he gives a view of what White Paper should say. Start on report of Smart Cities Capitalising on the Digital Revolution. • need action - vacant rates began to rise after the financial crash. The Town centres are different now and there is a spatial blindness amongst economists, which causes us to generalise when we need to be specific. • London West End - probably has been transformed more than most by the loss of students, tourists and office workers. We have to change the act in town centres and think about the demographic profile. • Great contribution - that the White paper 25
26
ABOVE: Nicholas Falk’s slides
>>>
>>> makes is that recognises is a vicious circle. NF wrote a report in 1972 pointing out the same thing. We discovered there are 7 types of capitals that are leading to persistently worst outcomes so productivity, quality of life, place, and leadership all down because of changes in these different types of capital. In regards of town centre - a simple diagram of 3 or 4 ‘A’ (accessibility, amenity, attractions, action) was used in the Vital and Viable Town Centre Report 1 Action Made the most of GIS to set priorities; look at the catchment area; identify disadvantaged areas and highlight clusters. Use data that already exists. 2. Access To make easier to get into centre by prioritising ‘active travel’. To tame cars - reducing the speed of cars and integrate the public transport. Charge for out of town parking. 3.Attractions Reopen empty shops: -Redevelop peripheral premises as homes -Support workplaces and community hubs -Take over key building. Once a building has been empty for a while , it has to be taken over by another body. 4. Amenity Promote special place That means looking at clusters and waterfronts; festival and campaigns to animate people, environmental upgrades, reignite civic pride cross-woking with local community groups. 5. Agency Re-empower the local authorities. If were to write the White Papers NF would start by recasting parking charges and property taxes- tackling the issues of money; rethink what town centres are for; set up partnerships and pilot projects; share lessons example - joint Academy of Urbanism Dr Steven Norris (National Head of Planning, Development & Regeneration) How can we deliver the renaissance of our towns and shopping centres? -SN started by introducing himself • SN is been advising on Town Centre Regeneration for 30 years. • SW gave an overview to what Lambert Smith Hampton does: advise all stages of regeneration lifecycle from early sight of planning appraisal through to visioning master planning and assembly and delivery and management. As well as producing various research and viewpoints from the impact of the pandemic on the hotel commercial retail and logistic sectors. • Researched which is coming out the end of this month is about how we can deliver the renaissance of our towns and shopping centres.
• Research is based on a survey conducted on 2018 about Brexit, and 2020 at the height of the pandemic. Good cross section of representation. • Respondents: Profile and Roles - as it can be seen from the graphs there are predominant private sector (75%) and it is consistent over the years the survey was done. Top 5 Key challenges that affects the town centre. -Business rate (53.9% in 2021) -growth of online shopping (51.5% in 2021) -oversupply of retail floor space (36.1% in 2021) -rise in home working/decline in office employment (25.7% in 2021) -lack of up to date plan and strategies for town centres (22.0% in 2021) One of the impacts of the pandemic had is the rise of online shopping - The graph is showing the internet sales as a percentage of total retail sales ( ratio) (%). In January 2021 online shopping went up to nearly 38%. Forecasters predict it could rise to as much as 50% by the end of the decade. The growth of online sales align with the cost and debts of physical retailers. The impacts of pandemic has been more widespread than just on retail - the rise of food delivery means that we can eat and drink at home, the choices on Sky, Netflix etc, means we can also have the cinema experience at home without going to cinema. We are also getting used to be working from home and attending conferences and meetings from home having a significant impact on office space and also on the Town Centres. The challenge that we face is how to bring people back into town centres. What percentage of the current town centre retail space will be to repurpose/redevelop in order to create more viable and sustainable town centres. National vacancy rates are 16% and the rates for shopping centres is 20% - A number of community centres have benefited from the pandemic. This is because people have been forced to stay local so they had to rely more on local shop services and facilities. • Question now are what is the future of workspace and what will it look and feel like in the future. Many practices are reviewing and downsizing their workspace because of flexible and hybrid working.These could benefit some of the communities centres located outside of London and the UK larger regional cities. • Asking which 2 main interventions for towns and shopping centres will most help to address climate change over the next decade? Most of the responses were improvements to public transport networks. Reinforcing the point of walkable neighbourhood. • What measures do you think will help to build greater resilience in out town centres over the next 5 years, helping to ensure their overall vitality and viability? The top section include redevelop
and repurpose shopping centres and or vacant retail space; develop more homes in town centres; flexible turnover rents and/or lease structures for occupiers and improvements to environment/public realm/green spaces which is vital for tackling the climate crisis but also for health and wellbeing. • How the town centres will look and feel like in the next 5 years. The result of the research provides some insights: many shops cafes and restaurants are viewed as vitally important to the city. Our towns need to adapt and diversify and provide more flexible space that and respond to market trends. • Identifying the challenges and opportunities facing the town regeneration/development.The research identify the joint ventures of public-private partnerships remained the preferred investment. The local authorities are more critical than ever in delivering town centre regeneration projects. One of the key reasons is because the have access to different funding sources and grants. • Funding and delivery - Future High Street Fund; Town Deal Fund,; Levelling Up Fund • What happens when government funding run dry. Both public and private sector. Have to find different , more creative ways of investing in town centres. • There is a survey showing that successful and sustainable regeneration of town centres require strong leadership and governance. • There is a renewed optimism for the future of our towns and high streets. Retail is not an answer to the challenges facing town centres. The researchers identify a number of key themes and interventions that will help build resilience: Financial policy interventions that need to create a level playing field between physical and online retailing. These include a review of traditional rental models and online tax and more support for independent businesses. A need to rethink and repurpose the role and function of many towns high streets and shopping centres by planning management and curation of buildings and spaces. We need to provide more quality home and affordable homes, adapt and diversity town centres and build back resilience, restore civic pride and create attractive place and build up on walkable cities. Max Tolley (RTPI England Policy Officer) RTPI proposals for Planning Reform Produced a policy paper last year in March ‘Planning for a better future’ and has five proposals for planning reform which is underpin by two core statements: • The planning must respond to new challenges and opportunities supporting the economic recovery while tackling inequalities, accelerating 27
LEADERSHIP & RESPONSIBILITY
CRITICAL CHALLENGES OVER NEXT 5 YEARS
Who do you think should lead the transformation and renaissance of our towns and high streets?
Top Five Key Challenges
2021
2020
Change in Rank
All parties Local government Property owners/ investors National government Regional government Town Centre Managers/ BIDs Local communities Local Enterprise Partnerships Occupiers Mayors Other
4% 3%
Business rates
53.9%
4%
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49.5%
6%
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51.5%
69.7%
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36.1%
43.1%
◄►
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25.7%
27.2%
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22.0%
15.0%
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RENEWED OPTIMISM FOR THE FUTURE OF OUR TOWNS AND HIGH STREETS
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Optimistic
2021
Change from last year
1
Food & beverage (e.g. restaurants, cafes, etc.)
70.5%
◄►
2
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43.6%
̖
3
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34.4%
▼
4
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29.9%
▼
5
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29.5%
̖
6
Public realm/ open spaces/ parks
29.0%
▼
7
Street markets
29.0%
̖
8
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20.7%
̖
9
Free town centre car parking
20.3%
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19.9%
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ABOVE: Dr Steven Norris’s slides
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progress towards 0 CO2 and building resilience • Recognise the importance of reinvigorated properly resource planning system and be visionary in our response. Five proposals: • Plan making - taking a long term view and considering all relevant factors, not making piecemeal one off decisions • Development Management - assessing how planning offices improve schemes through negotiation with applicants. • Green Growth Boards- bringing together local authorities and key stakeholders to tackle the challenges that a region faces • Planning for Climate Change and Nature Recovery - transitions to a 0CO2 society and 28 enabling environmentally friendly choices in
everything from energy to transport • Planning With and For People - to thrive it must be driven by consent Levelling up Levelling Up and Regeneration Bill anticipated in the Queen’s speech later this year. White Paper Proposals included: -Reviewing how local authorities can be supported to deliver more council homes -Extending the role of the High StreetsTask Force -Reforming developer contributions -Increasing engagement with infrastructure providers in plan making -Improving cycling and walking with Active Travel England.
RTPI and Town and Country Planning Association guidance on climate change published in 2021: • Explains the need to design to cut carbon by promoting energy efficiency and sustainable transport • 29 case studies of best practice • Shows how local authorities and communities can help tackle the climate crisis • Highlights the key of the planning system Transport Moving on a research that was produced in 2020 for the RTPI showed that: • Transport emits 35.5% of all emissions in an average local authority. • Explored how different places can achieve 80% reductions in surface planning emission by 2030. • Identify some barriers to delivery and possible solutions: • More effective leadership • Better integration across public policy • Greater support for policy and decision makers at the local level • Making active, public and shared mobility more accessible and affordable than private modes • Promote behavioural shifts away from car-depended lifestyles. >>>
Planning reform Plan Making
Place-based solutions
Taking a long-term view and considering all relevant factors, not making piecemeal one-off decisions.
Tool created by Vectos to helps planners and designers prioritise interventions on transport in the following order:
Development Management
Substitute Trips: Replace the need to travel beyond your community
Assessing how planning offices improve schemes through negotiation with applicants.
Shift Modes: For longer trips, use active, public and shared forms of transport
Green Growth Boards Bringing together local authorities and key stakeholders to tackle the challenges that a region faces.
Switch Fuels: For any trips that must be made by car, ensure the vehicle is zero emission
Planning for Climate Change and Nature Recovery Transitioning to a zero-carbon society and enabling environmentally friendly choices in everything from energy to transport.
Promotes the concepts of 15-minute neighbourhoods where most people can meet their daily needs by walking and cycling.
Planning With and For People To thrive it must continue to be based on consent.
Levelling up
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Levelling Up and Regeneration Bill anticipated in the 4XHHQ¶V Speech.
Research found that planning systems underpin economic, social, environmental and health outcomes.
White Paper Proposals included:
Benefits directly provided or supported include:
Reviewing how local authorities can be supported to deliver more council homes Extending the role of the High Streets Task Force Reforming developer contributions Increasing engagement with infrastructure providers in plan making Improving cycling and walking with Active Travel England
Transport Research carried out for the RTPI in 2020. Transport emits 35.5% of all emissions in an average local authority. Explored how different places can achieve 80% reductions in surface transport emissions by 2030.
Living in a well-planned neighbourhood can support up to 59% of NHS-recommended weekly activity Planning policies prevent excess air pollution, which costs the UK £9-19 billion each year Green spaces in Great Britain provide £16.5 billion in environmental, health and amenity value per year. Planning plays a direct role in delivering that value.
Invest, rethink and prosper Recommendations
Identified some barriers to delivery and possible solutions:
Invest to support shift from a largely reactive, regulatory to proactive and strategic planning system.
Change performance targets to measure quality instead of speed or efficiency.
More effective leadership Better integration across public policy Greater support for policy and decision makers at the local level Making active, public and shared mobility more accessible and affordable than private modes Promote behavioural shifts away from car-dependent lifestyles
Covid-19 demonstrating need for planning to support new living, working and travelling patterns.
ABOVE: Max Tolley’s slides
>>> Place based solutions Tool created by Vectors to help planners and designers to prioritise interventions on transport in the following order: • substitute trips: replace the need to travel beyond community • Shift modes: for longer trips, use active, public and shared forms of transport • Switch fuels: for any trips that must be made by car, ensure the vehicle is 0 emission, Promotes the concept of 15 min neighbourhoods where most people can meet their daily needs by walking and cycling. Design NPPF revised in 2021 to empower Local Planning Authorities to reject poor design and drive up quality. • National Model Design Code pilots a pragmatic way of identifying problems and hopefully solutions. • Enhanced support on skills and capacity critical to delivery. • Multi-disciplinary approach. • Design Codes: Upcoming RTPI commissioned research in partnership with the RSPB.
Will show how design codes can help tackle the climate and ecological emergencies. Two illustrative fictional design codes based on real life data to provide a practical guidance for preparing their own codes such as local planning authorities.
Planning’s positive impacts Benefits directly provided and supported include: • Living in a well-planned neighbourhood can support up to 59% of NHS recommended weekly activity. • Planning policies prevent excess air pollution, which costs the UK £9-£19 billion each year. • Green spaces in Great Britain provide £16.5 billion in environmental, health and amenity value per year. Planning plays a direct role in delivering that value. • Invest, rethink and prosper Recommendations • Invest to support shift from a largely reactive, regulatory to proactive and strategic planning system. • Change performance targets to measure quality instead of speed or efficiency. • Covid-19 demonstrating need for planning to
support new living, working and travelling patterns. Nicholas Bossetti (Centre for London) Making Space: Accommodating London’s Industrial Future In the White Paper there is one mention of employment land and none of industrial apart of converting it to housing. Who We Are • Independent and politically neutral • Funding from companies, trusts, foundations and public sector • Reports, data events and conferences investigating London challenges and trying to find solutions for them. Last year Centre for London convened an Industrial Commission bringing together public sector like London Government planners, and industry occupiers and real estate market experts to try to discuss what the future of London industry looks like. Findings of the report: • Industrial land accommodates very different economic activities data centres from theatre prop making to delivery hubs, etc, 29
• We do not have industrial space in London but demand has remained strong and the land values are squeezing out some businesses. • The city needs industrial land to function and prosper but this relationship is invisible to most. • How to ensure London has enough industrial space 1 Give industrial occupiers more influence in policy making and planning influence 2 Improve evidence to inform land use decisions using live property market data. One of the recommendations is for real estate companies to make industrial land market data readily available to policy makers. 3 Enhance local planning, protection and flexibility having more tiers of how essential the activity is for the city. 4 Make better use of existing industrial spaces through intensification. The Mayor of London should create a fund to co-invest in developments that provide stacked industrial floor space. 5 Make colocation work better 6 Improve strategic planning What we thought of the White Paper Good: - less anti London than prior briefing; Less good: - there was very little money Taking a more positive approach to employment land is how do we plan for more places where is needed. Enhancing compulsory powers to deliver more industrial floor space. David Bainbridge Green Belt Release - Only by Appeal? DB began with an overview of what he does - act for client who take land and property through the planning system and engage with various stakeholders including local government. When it comes to planning appeals in terms of Green Belt release is the most challenging aspect you can have in planning for development. NPPF- Section 13 Protecting Green Belt Land • Green Belt serves 5 purposes - to look to keep the Green Belt open There are 2 ways that one an take land through the planning system to address the Green Belt considerations: • Exceptional circumstances • Very special circumstances • The planning balance- There should be a consideration to who the decision maker is. When it comes to deciding which land should come out of the Green Belt for development and consideration of a planning application or a planning appeal, it is not always the local authority the ultimate decision maker. NPPF; Green Belt Guidance; Planning applications: 30 called-in decisions and recovered appeals
NPPF ± Section 13 Protecting Green Belt Land
Green Belt serves five purposes
Exceptional circumstances Very special circumstances The planning balance
Plan Making ± Exceptional Circumstances
At least ten local authorities have either withdrawn, paused, or delayed their local development plans over the past six months Uncertainty over planning reforms Politics A dearth of exceptional circumstances?
Appeals - Overview Policy on called-in applications and recovered planning appeals On average c.1,500 appeal decisions per month
Roughly 90-95% written representations About one third of appeals allowed Planning appeal inquiries ± Rosewell procedure
Presumption against unless VSC - higher bar than exceptional circumstances
Planning Appeals ± Very Special Circumstances Site already identified by the local planning authority as appropriate for being taken out of the Green Belt Local authority accepts that Green Belt land will be needed for development
Site is at least partly previously developed land Site is visually well contained If local planning policy is out of date If the proposed development is capable of facilitating benefit beyond residential and which goes beyond mitigating impact
The Future Changes to the Planning System Growth Targets Local Elections May 2022
General Election
LEFT: David Bainbridge’s slides
Climate Change Biodiversity Net Gain
the supply of land coming forward for development.
Plan Making - Exceptional Circumstances • New local plans coming through • Uncertainty over planning reforms, politics • Local plans are being delayed. - when it comes to Green Belt land it is likely there will be a reduction in
Appeals - Overview Policy on called in applications and recovered planning appeals On average c 1500 appeals per month, roughly >>>
>>> 90-95% are written representations. About one third need to look at resources. Roy showed us how under resource local authorities are. of appeals allowed. To do a proper design code, you need to be able Planning appeal inquiries - Rosewell procedure to be a good client and to understand the developimplement a number of recommendations and look ment process. to be clear in terms of the process for planning Sanmi: The level of resources is key for a lot of the appeals and this is relevant for appeals where very delivery. special circumstances on Green Belt land are Question arising from your presentation and also involved. They are quicker. Presumption against unless VSC - higher bar than some of the statics we saw about the cutting of funding for planning. In living memory nobody paid exceptional circumstances. planning fees with applications, now they do. The planning balance is about harm, benefits, No one has seen their council tax going down in weight. The government policy says to decision makers when it comes to new development in the Green the last 10-15 years. Why does it seem as though planning departments are being picked on but who is Belt that it is inappropriate, it will be harmful and it it that is picking on them? Is the local authorities should be refused unless there are very special cirThe London Plan making those decisions themselves? cumstance. Delivering Good Growth in uncertain times Professor Janice: Planning AppealsVery special Circumstances Rob McNicol, London Plan Manager ± 8 March 2022 A: You can look at the National Audit Office study • Site already identified by the local planning authorito give some indications of the results- they looked ty as appropriate for being taken out of the Green at 2018-2018. It is the effect of residualisation. You belt cannot cut social care, and you do not want to cut • Local authorities accepts that Green Belt land will housing, temporary accommodation. Other use serbe needed Onfor2 development March, the London vices such as libraries, have already gone into an • Site is at least partly previously developed land• Plan 2021 became part of alternative forms of provision so it is really what is Site is visually well containe the development plan for left to cut. • If local policy is out of date London is capable of facilitatWe looked at motivation why council is moving • If theGreater proposed development into housing delivery - it is to generate income to ing benefit beyond residential and which goes support other services. beyond mitigating impact By 2021 that has been replaced by 2 other priori• Meeting housing need is a fundamental requireThe London Plan 2021 in numbers ties - the first one to meet housing needs and the ment but this in itself if held to be insufficient to 47 Opportunity designated second27one is that councils are getting involved in clearly outweighs harm to the Green102 Beltpolicies areas strategic views delivery because they are completely appalled by the 50 per cent of new 10 per cent of new homes 400 metre exclusion zone must meet the highest homes to be genuinely standards being offered by the private secThe Future for newof hot design food standards of accessibility takeaways near schools affordable • Changes to the Planning System. DB does not see a tor. 52,000 new homes strategic 43 safeguarded Q:Talking about levelling up in housing. How do trend in reducing the policy weight 55 which is given to per year industrial locations wharves protection of the Green Belt and it is not a bad thing. you view the levelling up agenda and what for of 80 per cent of trips to be taken 95 per cent of construction All major developments walking, cycling and public and demolition waste to be coming down thecarbon line in planning terms. • GrowthbyTargets when it comes to residential develto meet net zero transport by 2041 reused, recycled or recovered Professor Janice: opment, in particular, the standard method for calcu300 organisations and 4,000 consultation A : I come form a perspective of being London lating house requirements will that change and based and delivering intermediate housing first time become quite toxic. buyers and I think that one of the key things is the • LocalStatus Elections May 2022 Timing London Plan Guidance Adopted October 2021 Be seen energy monitoring we need to think about levelling up across the board. • General Election Public London Charter Live public Running until Large-scale purpose-built shared living There is a real problem particularly in London about • Climate Change engagement 27 March 2022 until Characterisation and growth strategies generational-intergenerational levelling up.There are • Biodiversity Net GainRunning 27 March 2022 Optimising site capacity: a design-led approach Small housing developments and design codes To sum up when it comes to the prospect for standards a whole sort of people, generations who are frankly Housing design until Fire safety very prevalent in London and engage very much with appeals for the Green Running Belt land you can almost 20 June 2022 Circular economy statements planning system and generations below who don’t forgetAdoption it. pending Early 2022 Whole life carbon Mid 2022 Urban greening factor really engage. They are priced out of the housing Sustainable transport, walking and cycling Air quality positive market. The solution put forward is first homes with a PanelDesign discussions:and Characterisation LPG 20% discounted home - and we know through expeCouple of thoughts that you might have on the The four documents work together work together in the following way rience that it is deliverable. Levelling Up White Paper: Q for Sanmi - Developers by definition - everyDr Riette: Regarding housing and design - particuthing you do is about the future. The emphasis on larly design codes might stay. Robert Adams had an consultation and discussion telling you what is the interesting point that design codes actually deterappropriate design - do you think this is a great mines values. I actually think it is a much more iterative process and you cannot actually set design codes opportunity or do you think is actually a whole set of A characterisation assessment and growth strategy should be used to inform Local Plans. This feeds without in to The Housing new Design hurdles Standards should thatbeyou come to negotiate apart of for areas particularly outside London undersmall site design codes (developed by boroughs) and site used to inform the design of residential parameters for larger sites (for site allocations and development. dealing with the local authorities? standing viabilityplanning of theapplications). case for development in the Sanmi: first instance. To make design codes to work well we
London Plan 2021
LPG ± current programme
A: We do love consultation with the community to see how receptive they are to the design. Q: Just want to switch now because we have not talked much about the northern power house. Do you see the sort of political and planning debate in relation to the north of England as a different debate or is it actually not so different to what is going on in Oxford or Kent. Professor Janice A: Each local authority has its own legacy and its own issued to face - so I think in north there are issues about private sector not building and people leaving. If you are reliant on section 106 to produce social housing or affordable housing then the viability is not there in the north. We need to move away from thinking of developers directly funding social affordable housing through section 106 and go back to using traditional taxation and then giving the local authorities the 5 year programme. Q: Any final thoughts about the apparently increasing complexity and demands being put on planning applicants now? Professor Janice: A: It is becoming more complicated and it is understandable. The problem is when you are actually putting an application of 35 homes and you have exactly the same hoops as one that is over 400 and I have had that. It does not make sense and it is not proportionate. My ask is to make the system more proportionate. I am not entirely sure how you can do that but if it could be done I think that would be a a bit of a magic wand.
The London Plan Delivering Good Growth in uncertain times Rob McNicol, London Plan Manager ± 8 March 2022
Rob McNicol Rob is the team manager for the London Plan from the GLA and will give us a rundown on the London Plan. London Plan 2021 - on 2nd of March become part of the development plan fo Greater London. Background: • 10 months after the first funding package the was agreed between TFL and the government long term funding for the TFL remains unresolved. • 6 months after the publication of White Paper • 3 years and 9 months after the fire at Grenfell Tower. • positively, was 14 moths after the moon activity making London net 0 by 2030. All of these things pose major challenges for the 31
The London Plan 2021 in numbers 47 Opportunity areas
27 designated strategic views
102 policies
50 per cent of new homes to be genuinely affordable
10 per cent of new homes must meet the highest standards of accessibility
400 metre exclusion zone for new hot food takeaways near schools
52,000 new homes per year
55 strategic industrial locations
43 safeguarded wharves
80 per cent of trips to be taken by walking, cycling and public transport by 2041
95 per cent of construction and demolition waste to be reused, recycled or recovered
4,000 consultation responses
All major developments to meet net zero carbon
300 organisations and individuals participated in Examination in Public Rob McNicol’s slides
London Plan 2021
LARGE SCALE PURPOSE BUILT SHARED LIVING LPG
On 2 March, the London Plan 2021 became part of the development plan for Greater London
Requirements for communal facilities (5 sqm, plus 1 sqm external space) Ten per cent of dwellings should be accessible Standard room size range: 18sqm to 27sqm Accessible unit size range: 28sqm to 37sqm Management plans
LPG ± current programme Status
Timing
London Plan Guidance
Adopted
October 2021
Be seen energy monitoring Public London Charter
Live public engagement
Running until 27 March 2022
Large-scale purpose-built shared living
Running until 27 March 2022
Characterisation and growth strategies Optimising site capacity: a design-led approach Small housing developments and design codes Housing design standards
Running until 20 June 2022
Fire safety
Early 2022
Circular economy statements Whole life carbon
Mid 2022
Urban greening factor Sustainable transport, walking and cycling Air quality positive Air quality neutral
Adoption pending
Design and Characterisation LPG
PLANNING FOR LONDON PROGRAMME Gathering evidence Capturing views of stakeholders
Identifying issues and options
www.london.gov.uk/what-we-do/planning/planning-london-programme
LPG ± find out more
The four documents work together work together in the following way
LPG webpage: https://www.london.gov.uk/what-wedo/planning/implementing-london-plan/london-planguidance Register on the engagement platform: https://consult.london.gov.uk/
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A characterisation assessment and growth strategy should be used to inform Local Plans. This feeds in to small site design codes (developed by boroughs) and site parameters for larger sites (for site allocations and planning applications).
The Housing Design Standards should be used to inform the design of residential development.
Sign up for the GLA Planning newsletter: www.london.gov.uk/what-we-do/planning/stay-touch
>>>
>>> planning system. How in GLA planning navigated these uncertain waters while trying to secure the mayor’s vision for good growth. Quick Remainder of key figures from London Plan • to build 52000 new homes every year in London - half to be genuinely affordable • All major developments to be net 0 CO2 • 80% f the trips to be sustainable by 2041. • Having an adapted London plan with clear targets gives us all a direction of travel in the planning world • Covid 19 - plans to help London recovery • Tackle other major challenges such as housing crisis and climate emergency. LPG - current programme • Adapted Oct 2021 - be seen energy monitoring Public London Charter • Live public engagement running until 27 March 2022 large scale purpose built share living; characterisation and growth strategies; optimising site capacity; small hosing developments and design codes; housing design standards. • Live public engagement running until 20 June 2022 Fire Safety • Adoption pending early 2022 - circular economy statements, whole life carbon; mid 2022 - urban greening factor; sustainable transport (walking and cycling), air quality positive, air quality neutral. Design and characterisation LPG Four pieces of guidance - separate bits of guidance but they inform each other • Characterisation and Growth Strategy LPG • Small Site Design Codes LPG • Optimising Site Capacity LPG • Housing Design Standards Fire Safety London Plan Guidance • Sets out in more detail the requirements in Policy D12 for Fire Statements and Planning Fire Safety Strategies • Sets out requirements for who needs to write Fire Statements (suitable for qualifications) • Gives information on outline applications and what to submit with which reserved matters • Puts in place requirements for justification of evacuation strategies and rigorous assessment of the number of stair cores • The Fire Statement must include a commitment that the development will
not incorporate combustible materials in its external walls. Large Scale Purpose Built Shared Living LPG • requirements for communal facilities (5 sqm + 1 sqm external space) • 10% of dwellings should be accessible • Standard room size range from 18-27 sqm • Accessible unit size range 28-37sqm • Management plans covering how the development will operate. Coming soon to the LPG programme • Adoption of Circular Economy Statements LPG and Whole Life Cycle Carbon LPG • Engagement after the local elections on: affordable housing and viability; industry and logistics; social infrastructure; accessibility; equality inclusion and diversity. • Developing a monitoring platform - London data hub • Launched a brand new pages that monitor delivery in each opportunity area • Opportunity to begin the conversation that will inform the next iteration the London plan - by gathering evidence, capturing people’s views and identifying the issues and options to take forward. • Current state of this is to get views of London plan through GLA talk London platform which has 60,000 users GLA Demography Research • Expertise at the GLA monitoring and researching London’s population change over the past couple of years - help understanding trajectories and trends. Affordable Housing On Referable Schemes • Seen a dramatic increase in the average number of affordable homes by scheme on referral applications (39% in 2019). The London Plan does best setting a clear aspiration backed by political will and implemented through partnership with boroughs, with the development industries and with Londoners. Questions: Andy Catto : London Plan, like many others, is expanding in areas perhaps should not be planning. Matters the should be in building controls creeps into planning far too much. You mentioned fire safety - this is a technical matter. All buildings should be fire safe. Why is a planning matter? Every local authority wants a fire statement as a validation requirement on every application. I spent my last half hour before leaving to come here writing one for a single storey house extension. This is nonsense as it is adding workload >>>
The next meeting of the London Planning & Development Forum will be on Monday 6th June 2018 at 2.30pm at 2.00 for 2.30pm in person and on Zoom Discussion likely to include Levelling-up At UCL, Theitems Bartlett and planning for working from home SEE page 8 for the discussion items and speakers and how to come and joinattend the conversation - free To please email the Hon Secretary at riette.oosthuizen@hta.co.uk
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>>> on under resource planning staff. RM: There are few answers to this - it is to be blunt politics. The mayor has made various commitments and his view that the government’s building regulations system is not up to scratch. Therefore, the planning system needs to do something about that. The London Plan guidance on fire safety makes it clear that there are reasonable exceptions that can be made. We have spelled down the different schemes that can go down as reasonable exceptions route. In regards to environment standards -the government significantly steps back and reduce the kind of requirements for high performing sustainable buildings. I think it is right that where a planning system can incorporate high standards of sustainable without creating unviable schemes. Coming back to the question - I take the point but I do not think it is necessary the case that London Plan has created a whole raft of additional requirements that are unexpected. Finally, I would say that we made it clear we do expect the development industry to do more.
Paul Finch The Wind-up BW introduced Paul - most distinguished journalist in architecture industry. Thoughts about Levelling Up White Papers: -Talking about the North earlier -People used to think that depravation had something to do with class conditions. Now we substituted with geography. The Bank of England can chug up North on the stocks and pretend they bring enlightenment to the poor people from whom planning exists. Meanwhile there are parts of the North that are extremely prosperous. The Bank of England will know that wealth creation, which is what will make the real difference about levelling up is fractal and chaotic. -I have a laugh thinking about the London Plan - it is a bit like Stalin targets for weight production in the 1930s, the more you miss the delivery the more the targets will increase. All the figures are kind of a a fantasy compared with three, four decades ago of non construction. How are we going to make up for the fact that London population went up to 2 million. Where are the houses for the 2 million. Absolutely non existent. Conservatives hated Peter Walker, first Secretary of State for the Environment
- now the Department of Levelling Up Housing and Communities who suggested that any council tenant who lived in the home for 40 years should be given for nothing. Can you imagine the screams of horror from the Conservative party who viewed all council house occupants as idle king of leeches o the state. Even though at that time most of them were in employment, pay their rent - not true today for other reasons. It is a weird thing in Britain as a sort of cognitive dissonance - we love the idea of becoming homeowners but on the other hand we do not actually want anybody having a house transfer that they have been paid for a long time. The questions arrises implicit in all this is the funding for housing. Why does it have to come from developers. The level of housing we provide is a joke. Another point about London plan in relation to Green Belt - why cannot be like listed buildings? Why can you not have Grade I - you cannot touch it, Grade II start with virtually you cannot touch it and Grade III - let’s have a discussion. To end on a positive - I think some of the speakers showed that you do not have to be binary about this. I mean when Robert said that beauty is a really difficult thing, he said it because beauty is really philosophical and it is a dangerous territory. Where is the democratic process in all this? There is a mendacious statement about the changes in the NPPF, where now local authorities will be able to reject things that are ‘ugly’. In the first NPPF it says that planners can reject things that are not of sufficient quality. Why introduce the word ‘ugly’? The next thing you will have commissars telling us we are going to knock down Brutalist buildings. There is a denial of the optimistic future in which we can only speculate about the way things may become and become in a marvellous but as yet unknown way. Brian Waters again thanked the speakers and Dentons for their hospitality; a deputy for Ian Marcus, president of CULS, did the same and all adjourned to the bar. !" We include only a selection of the slides. SEE ALL THE SLIDES HERE: https://tinyurl.com/y679eehv You can watch the event on Youtube [in two parts – there was a tea break!]: https://youtu.be/MEfYPr31gLg and https://youtu.be/70EOZW0_nQY
The levelling up white paper & planning
+ implementing the London Plan
This reporttaken from : planninginlondon.com issue 121 w ith kind consent
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Issue 121 April-June 2022
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COUNCIL AND OFFICERS
Council Members ACA COUNCIL MEMBERS John Assael DipArch GradDip AA MSc RIBA FRSA, ACArch – Assael Architecture Ltd johnassael@assael.co.uk Tel: 020 7736 7744
OFFICERS Alfred Munkenbeck RIBA ACArch Munkenbeck & Partners Architects Email: alfred@mandp.uk.com Tel: 020 7739 3300
Francis Brown BA(Hons) Dip.Arch RIBA ARB ACArch MAPM Email: francisb201@btinternet.com Tel: 07985 960933
Andrew Rogers AADip ACArch DipTP MRTPI DipEnv&Dev (open) Andrew Rogers: Planning Email: AR@awrogers.com Tel: 07841 538869
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Shane Santry BA (Hons) Arch., Dip. Arch, MRIAI, RIAI Conservation Grade III Email: shane@ssa.ie Tel: 01 668 7939
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Richard Harrison Dipl Arch Poly ACArch HON TREASURER richardlharrison@icloud.com Tel: 07973 213426 Patrick Inglis MA(Cantab) DipArch ARB RIBA ACArch VICE PRESIDENT nglis Badrashi Loddo Email: patrick@ibla.co.uk Tel: 020 7580 8808
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Brian Waters MA DipArch(Cantab) RIBA MRTPI DipTP ACArch IPP Boisot Waters Cohen Partnership Email: brian@bwcp.co.uk Tel: 07957871477 Jonathan Louth BAHons DipArchM.St(Cantab) ACArch Jonathan Louth Architects Stephen Yakeley Barch RIBA AIA ACArch
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ACANews JUNE 2022
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WHERE WAS I? ACA excellence in practice
Andy Rogers has been looking through his [preCovid] holiday snaps again. Can you work out where he has been? Answers overleaf
1
3
2
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4 www.acarchitects.co.uk
F&G
5
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7a ACANews JUNE 2022
ANSWERS >>>
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QUIZ ANSWERS ACA excellence in practice
Here are the answers... Number 1. Peachtree Center, Atlanta, USA, c.1978 The mixed-use buildings on the left were designed by developer/architect John Portman in the 1960s as six narrow office buildings connected by a network of sky bridges. The 73-floor Peachtree Plaza Hotel next to them was also designed by Portman, opened in February 1976 and is currently known as the Westin Peachtree Plaza. The black 32-storey office tower on the right was designed by SOM in 1968 and was apparently later re-clad by the Equitable Life Assurance company. The area between, which in 1976 was largely undeveloped and used for car parking, is now thriving as part of downtown Atlanta’s lively central area. Number 2. Coventry Cathedral, c.1960. Designed by Basil Spence and constructed 1956-1962, this photograph shows the chapel of Christ the Servant. Number 3. Louisiana Museum of Modern Art, Humlebaek, Denmark, c.1961. In the mid-50s the
museum’s founder, Knud W Jensen, commissioned architects Jorgen Bo and Wilhelm Wohlert to design a new building based on an existing villa. The museum contains some major works, including this Alexander Calder piece outside the main facade. Number 4. East Building, National Gallery of Art, Washington DC, c.1978. I M Pei’s extension strikes a remarkable contrast to John Russell Pope’s original neoclassical building, and is linked to it by an underground passage incorporating a dramatic water feature. The monumental scale and facades of warmcoloured stone pay homage to the older building, but without its ornament and fussy fenestration. As with Louisiana, there is major piece of sculpture, here by Henry Moore, outside the main entrance. Number 5. Engineering Building, Leicester University, c.1964. Designed by Stirling and Gowan, with engineer Frank Newby, the building was completed in 1963. The rippling ‘waves’ of the two large glass roofs, angled at 45 degrees, face north to provide illumination without direct sunlight, which
could affect delicate instruments. Number 6. Sydney Opera House (under construction), c. 1965. Designed by John Utzon, this photographs shows the precast concrete ‘shells’, each composed of a section of a 75.2 metre radius sphere, clad with 1,056,006 tiles in two colours, glossy white and matt cream. Designed in 1957, construction began in 1959, but it was not completed until 1973. Number 7 New York, c.1978. View of the city taken from the south tower of the World Trade Center looking north, with the side of the north tower on the left. The original World Trade Center towers were designed by Minoru Yamasaki in 1963 and completed in 1970. They were of course destroyed in 2001. Number 7a New York, c.1978. United Nations headquarters building, completed in 1951, was designed by a board of architects led by Wallace Harrison and built by Harrison & Abramovitz with inputs from Oscar Niemeyer and Le Corbusier. n
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COLLABORATIVE PROCUREMENT
Guidance for design and construction to support building safety
Professor David Mosey, Centre of Construction Law, King’s College London
Preventing another Grenfell Tower disaster depends on a major overhaul of construction procurement practices, breaking away from the adversarial ‘race to the bottom’ through which low prices undermine safety and quality. March 28th saw the online launch of ‘Collaborative Procurement Guidance for Design and Construction to Support Building Safety’, as announced by Secretary of State Michael Gove and coauthored by Professor David Mosey of King's College London, with Russell Poynter-Brown of On Pole Ltd and the DLUHC Procurement Advisory Group. Speakers at the event included Baroness Deborah Bull, Dame Judith Hackitt, Professor John Cole of the RIBA and ISSG, Beth Dunning of DLUHC, Martin Cawthorn of L&Q, Katie Saunders of Trowers & Hamlins and John Welch FRICS of Crown Commercial Service and was attended by over 530 delegates, with a Youtube recording of the event now available on https://www.youtube.com/watch?v =gv7PFVd0-y8. The Guidance and an Overview can be found at https://www.gov.uk/government/publications/collaborativeprocurement-guidance-for-design-and-construction-to-support-building-safety and launch speakers explained how procurement should be linked to the safety approvals of any ‘in scope’ project so that: • Teams are selected on value criteria including the safety of designs, works and products, so as to avoid the ‘race to the bottom’ • Contractors and suppliers are appointed early on a conditional basis, so as to improve and agree safety proposals and reduce risks • Teams are integrated through collaborative contracts that take account of resident consultation • The design, construction and operation of buildings and refurbishments are supported by a ‘golden thread’ of digital information. Following on from this high profile event, Lord Aberdare in the UK House of Lords discussed the work of Professor David Mosey on collaborative construction contracts, and his recent publication 'Guidance on Collaborative Procurement for Design and Construction to Support Building Safety’. Lord Aberdare discussed the guidance and event in relation to a recent amendment to the Building Safety Bill. Read more, including Lord Aberdare's speech at https://loom.ly/BrGodks
Further Information on FAC-1:1. FAC-1 as a BIM Integrated Information Management Contract The Centre for Digital Built Britain (CDBB) as a partner in the Construction Innovation Hub have launched a multi-party ‘Integrated Information Management Contract’ (‘IIMC’) developed by the King’s College London Centre of Construction Law. The IIMC governs the interfaces and relationships between team members who use information management based on Building Information Modelling (‘BIM’). It enables team members to agree directly their mutual commitments and to implement these commitments transparently and collaboratively in order to get the best out of BIM. The IIMC uses the ‘FAC-1 Framework Alliance Contract’ as its starting point, creating a multi-party collaborative integrator for the management of digital information over the whole life cycle of any project or asset. This model does not amend the individual roles and appointments agreed with each team member. Instead, it provides the contractual systems that are needed to integrate these roles and appointments and to create and sustain a shared understanding of information management systems. The model IIMC is currently being used by Ministry of Justice with ISG, Kier, Laing O’Rourke and Wates for the procurement and delivery of the £1 billion Ministry of Justice New Prisons Programme, which combines BIM with early supply chain involvement and modern methods of construction. Clients and industry are invited to examine and adopt the model IIMC as a new means to improve value and reduce risks, and prospective users can now obtain a copy by contacting david.mosey@kcl.ac.uk . 2. Procuring for Net Zero Carbon Construction The Society of Construction Law has published a King's College London research paper on 'Procuring for Net Zero Carbon Construction',
and
this
can
be
found
at
https://www.scl.org.uk/resources/news/scl-and-procuring-net-zerocarbon-construction . Construction operations are responsible for 39% of all carbon emissions, and significant procurement changes are required to ensure that net zero solutions become the new industry norms. This report explains how the construction sector can meet its net zero carbon targets through new team evaluation processes that adopt innovative bidder proposals, and through new contractual action plans that implement early supply chain involvement, that attract long-term investment in offsite manufacture and that ensure joint risk management, shared learning and whole life procurement. n
ACANews JUNE 2022
©David Mosey 2021
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PLAN OF WORK ACA excellence in practice
ACA overlay to the RIBA Plan of Work Our survey of members, much reported in BD and AJ, showed a high level of dissatisfaction with the ‘new’ PoW. Writing in the AJ on 8th March 2017 under the headline “Why the RIBA Plan of work could undermine the profession” Design Engine director John Ridgett wrote: “The 2013 plan lacks clarity, other consultants don’t like it, and if we’re not careful another profession will usurp it”. ACA members are concerned that the new stages fail to recognise standard fee-claiming points, the nature of town planning applications and permissions and wrongly groups technical design tasks.
The ACA Overlay reconciles the familiar alphabetical stages with the more recent numerical ones 3K3 5/7*RVDWQFP6RTVRT<WR (?.3R5/74RHFPURVBR%VQA
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DOWNLOAD the .pdf here:
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ACANews JUNE 2022
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The Association of Consultant Architects’ Stephen Yakeley, author of the ACA SFA, has produced this overlay in order to make the PoW more useful for conventionally procured projects. In particular, new work stage 4 is divided into three parts (corresponding to old stages e, f, g and h) in order to provide more interim invoicing and client review points. Also, as many architects carry out interior design, the tasks of procuring ff+e are shown. It will be folded into copies of the SFA appointment (though not part of it) and as a wall chart may be bought from office@acarchitects.co.uk.
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QUESTION TIME
Shona Snow interviewed Question time with Shona Snow MCIPS Chartered Head of Procurement for London & SE Region, LHC
1. Describe your career journey to Head of Procurement for the London & SE Region in a housing and construction framework provider? I spotted an opportunity to work in procurement when I was at General Electric years back, 2001 I believe it was! I learnt the basics of being a junior buyer processing purchase orders, obtaining quotes and then negotiating the best price on behalf of stakeholders. I moved to work for private healthcare charity Nuffield Health where they applied what’s known as Category Management, meaning I was responsible for an entire category of spend (orthopaedic implants) and had to develop a strategy for this, and manage their supplier relationships and their performance. In 2013 I made the decision to move into public sector, something I’d always wanted to do, and worked at Surrey County Council, later moving on to Southwark Council. One of the wonderful things about public sector is the breadth and depth of experience you get and exposure to complex and interesting projects. I was promoted and managed teams who were responsible for infrastructure schemes, and later worked as Commercial Manager developing a cost recovery strategy for Children’s services spend in Special Educational Needs. I now work for LHC where I was initially brought in to deliver three regional frameworks for our London & South East business unit, and then eventually asked to cover for our Regional Director while she was on maternity. I can honestly say I have been fortunate enough to have a deeply rewarding career, having reported to some truly inspiring and amazing managers who helped me develop. And now working at LHC I get the opportunity to support and mentor others and help build the business, even recently winning a Social Innovation award at the National Social Value Awards 2022 for our Architect Design Services Framework. 2. What was your ambition when you were younger? I remember being encouraged to pursue my artistic talents because I had a natural flair, but I wasn’t interested in this, I couldn’t see at the time how to make a living out of it – although I now realise there were an abundance of good careers I could have explored! I considered becoming a vet at one point, also an architect, then later even worked in a nursery. I tried a bit of everything before settling on procurement!
3. What are the most challenging aspects of your role? Sometimes it’s my own doggedly high standards that make my job so challenging! But I just can’t work any other way. I often have to deal with conflicting priorities, and tight deadlines whilst wanting to take every possible opportunity that comes my way to promote our architects on the ADS framework, but knowing I have only 5 days available to me in each week. 4. What are the most rewarding aspects of your role? When I see a tender process run successfully that achieves the strategic outcomes it aimed for, and we get positive feedback from clients or from suppliers, it’s a great feeling. More recently I’ve been working with micro-SMEs who have struggled to break into public sector – I have been lucky enough to see how talented they are, and through our framework they have won new work and are making a significant impact. 5. You do a lot of presentations at webinars and conferences? How do you prepare? Do you get nervous ahead of the time? If so, any tips on managing your nerves? I am pretty confident and comfortable doing it now, but believe me, I was absolutely awful when I first began presenting to groups and crowds about 10 years ago. Like so many skills in life, good presentations do not happen by accident, they involve hard work, preparation and a lot of practice and mistakes over time. I am big on preparation yes. I am also good at jotting down ideas or diagrams or images to illustrate things as they come to me, then using them later in a slide deck. I also watch videos and tutorials sometimes just to brush up and make sure I am always doing the best I can. >>> I sometimes do get slightly nervous but it’s nothing com-
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QUESTION TIME / TAXATION ACA excellence in practice
pared to 10 years ago! Tips on managing nerves, assuming you have done all the preparation you should have and know your material – meditation and breathing techniques and visualisation techniques are all highly effective. But don’t wait until you feel confidence to physically project it – the confidence will inevitably follow.
6. What are you most proud of in your career? This really goes back to the same points that are most rewarding in my role. The ADS framework has broken new ground in how we evaluate and value design talent and the different perspectives a more diverse supply base can bring. I am proud to be able to say I have helped improve the diversity of our supply base and enabled a mixed economy of the larger practices but also medium, small and micro-SMEs to work in public sector. 7. What is your typical weekend? I usually do yoga and then a work out in the mornings. I love cooking so sometimes I will buy unusual and interesting ingredients and make a feast for the family to enjoy – Korean and Japanese food has recently been my thing. I also use my week-
ends for either drawing, painting or making paper craft, often as gifts for others. I will also spend time in the garden and we enjoy a visit to a nursery centre to buy new plants and make plans to improve our garden space. 8. Coffee or tea? I no longer drink coffee or tea, I stick to green tea and matcha tea for their health benefits! 9. Are you an early bird or late owl? Usually during the week I’m up early and logged in by 7.30am. My brain seems to work best then. But after I’ve had a warm and comforting matcha tea mid-afternoon my brain is raring to go again. 10. If you had a superpower, what would it be and why? I’m actually rather a geek and love my science-fiction movies and books, starting with Orson Scott Card and Isaac Asimov when I was a teenager. I’ve always loved time travel stories, nothing would beat being able to travel to the future and find out how technology has changed, particularly space travel.. n
Reforms to R&D tax credits When: Autumn Budget 2022 and April 2023. Comment: The government is currently in the process of reviewing the Research & Development tax credit system, which it feels could deliver more ‘bang for its buck’. The Spring Statement provided the opportunity for both specific updates and more promises of things to come by the time we get to the Autumn Budget and, presumably, the review has made some further progress. Three measures will be introduced in April 2023, namely: • R&D work carried out by UK companies outside of the UK for material or regulatory reasons will be eligible for tax relief. • All cloud costs associated with R&D will be eligi-
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ble for reliefs. • All pure mathematics will be eligible for R&D reliefs, supporting the Artificial Intelligence, quantum computing, robotics, manufacturing and design sectors. Announcements on other changes, such as expanding the ‘generosity’ of the RDEC scheme, which the Chancellor specifically mentioned in his speech, will be made in the Autumn Budget. - source: Gale and Phillipson
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Experts in R&D Tax Credits for Architecture What Is R&D?
Architects are eligible for these tax benefits [even when not profitable!]. Consult our sponsors Green Jellyfish who offer members a substantial discpount on their resultsbased fees.
R&D stands for research and development. It is the process of taking an idea and transforming it into a fully-fledged product or process. Researching, designing, creating and testing are all part of the R&D process.
Architecture R&D
What We Can Do For You
R&D in architecture can include utilising and advancing technology such as improving how materials or products are used, or overcoming uncertainties by way of development in testing and prototypes or designing anything bespoke to you.
We arrange a FREE no-obligation phone call to discuss your business, if we believe you are eligible then we will start the claims process. Architecture is innovative by nature, so most projects qualify, most claimants were unaware that they qualified
Charlotte Rope 07506 446127 / 0330 002 0010 charlotte.rope@greenjellyfish.co.uk
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DIVERSITY
Framing the future of diversity in architecture Shona Snow, London and South East Regional Strategy Manager at LHC provides an insight into the lessons learnt from their award winning Architect Design Services Framework
The launch of our new framework for architectural design services (ADS1) back in 2020 was meant to be positive. Developed in partnership with Southwark Council, it was designed to attract new architect practices, particularly micro-SMEs, to work on public sector projects, and Southwark Council’s own ambitious new homes pipeline. But, while it fulfilled that objective, what was missing was broader representation from an equality, diversity and inclusion (EDI) perspective. The appointments to the new ADS1 framework were announced in late May, soon after the death of George Floyd. It was a significant time, politically, globally, fraught with tension. And then Southwark Council received complaints and bad press about the lack of diversity on ADS1 – “yet another public sector framework with not one single black led practice, despite the demographic of Southwark”.The accusations were powerful, but constructive and fair. It was clear they could not and should not
be ignored. While the procurement met basic social value requirements, and several of the appointed ADS1 practices possessed strong credentials in this area, there was still an undeniable overall lack of diversity. The gap also seemed to be practices with lived experience of London’s inner cities, the ability to relate to local communities, and demonstratable EDI initiatives that were actively making a difference in supporting young minorities into the profession. As is often said, you can only measure what you set an objective for, and it was clear that there was an opportunity to look again at how the procurement process was evaluated. This would mean detailed conversations with the people involved to understand their individual talent and perspectives.
Bringing EDI to the forefront Working with our partners in the council’s regeneration team,
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DIVERSITY ACA excellence in practice
>>>
Annette Fisher, co-founder Unionne (an ADS1.1 appointed consortium of 6 female architects of which three are black female)
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we agreed a new objective to identify and attract representative local architects experienced at engaging with less privileged communities whose voices aren’t usually heard. It took some months to seek them out, meet with them, listen and build trust. It was a recognition that given the changing landscape of London, its huge disparities but also the significant investment going into places like Southwark, Enfield, Brixton and East London, these practices could help our public sector clients solve some of the challenges around social inequalities, community cohesion, employment, and sustainability. We revised our criteria for the short-listing process to create a new emphasis on practices’ EDI approach. This had to be meaningful activity, not a surface level or box-ticking approach. The ADS1.1 tender process was similar to the original but with a few key differences: • Framework objectives were updated around new talent and diversity, making it clear we wanted to attract black-led practices and more diverse in general • Tender documents and scoring criteria made reference to the objectives of the framework, local communities, EDI and “hard to reach communities and under-represented groups” • We introduced an EDI short-listing question, aimed to identify those that have made significant impact in getting Black, Asian and minority ethnic and disadvantaged young people into architecture. Included mentoring, advocacy, and support of disadvantaged, minority and low-income students, looking for evidence of EDI around real results rather than just actions plans or diversity champions. • We broadened our lens with case studies and assessed how designs were delivered not just the design output. Tightly structured interviews were held with all Lot 7 bidders to reduce the emphasis on written bids from less experienced architects in public sector procurement and instead focus on their talent and offer. It levelled the playing field for less experienced bidders and allowed the team to interrogate the substance behind EDI statements. A total of 53 practices from across London were invited to the ITT stage and of these, 37 were Black and Minority ethnic led. We met practices doing incredible work that has been overlooked due to arbitrary award criteria. Many of the practices were grassroots and community-focussed, employed diverse
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teams, and collaborated with local artists, designers, and charities. They brought new ideas and innovation that we hadn’t seen before, offering greater representation, engagement, and inventive and sustainable design.
Making real change A year on from the decision to expand the ADS1 framework the project has been a huge success and now gives a platform to new, talented and diverse practices and access to previously unattainable clients across London. By working more collaboratively, listening to the wider industry and challenging some of our core processes and evaluation models, we can make important steps forward. Public sector professionals are well placed to influence change and can use procurement to ensure that practices on frameworks are inclusive, diverse, and representative. The ADS framework was increased by 20 places, with 14 companies joining in total and over 15% led by diverse leadership teams with a demonstrated commitment to improving EDI. We were recently successful at the National Social Value Awards in winning the Social Innovation category and the ADS framework has also been shortlisted for the LGC Awards and the Go Awards. What do these awards mean to us? The fact is that according to the last census records, 24.1% of those living in social housing identify as white. The ADS framework is a clear recognition that people in our local communities need to see success reflected back to them, with those who design the most important place to them – their home, to understand, through their own experiences, what it is like to live in the area, or in social housing and what the challenges are. While we’re immensely proud of all the superb practices we can work with, we know it’s not about us – we can honestly say that while there is still far to go, progress is being made for future generations to come and these emerging practices will make a huge, positive difference to how that future looks. We’re grateful for the learning gained from this experience and this has influenced our other frameworks too such as the MDC1 (multi-disciplinary consultancy services) framework. We encourage any public sector organisations interested in finding out more to get in touch with us - this is not just an issue faced
www.acarchitects.co.uk
AWARDS
by London, but by councils and communities in all major urban areas. We want to support an industry that provides more opportunities and delivers better design outcomes, more tailored for the diverse needs of our communities. We hope that we have taken a step forward that will see the beginnings of meaningful change. “The ADS process has caused all of its practices to reflect upon how they can address and improve EDI within their business and has raised expectations of these practices.” John Skivington, Group Director LHC (until 2021) “It is our commitment to become anti-racist in all we do, from leadership down and from junior staff up, through our partners, our residents and through our supply chain. This first, completed SST project has shone a light on systemic, socio-economic elitism within the profession. We saw an opportunity to open our supply chain to local people who represent and understand our communities and can change the built environment to reflect that. Steve Platts, Director of Planning and Growth, Southwark “Unionne understand the huge significance of our appoint-
ment as role models; you can’t be what you can’t see, and reverberations of this will be beyond anything we could ever have imagined. We applaud the courage and emotional intelligence of LHC in selecting Unionne and taking another major step for inclusion and diversity. When Unionne members came together to prepare our submission for the LHC Southwark framework we had no way of knowing whether we would succeed being a new consortium of diverse female-led practices. Winning a final place on the framework - one of only 14 places secured out of 78 applications is not only significant in its award, but also pioneering. Being selected brings us the recognition and opportunities for work which we’ve sought for many years!! Unionne now have the platform to be appointed by any public funded organisation in Southwark and beyond. The places we have been awarded on lots for both residential and commercial projects demonstrates and evidences LHC’s important contribution to Southwark’s commitment to developing and supporting diversity and inclusion through partnerships that will deliver participation of all in shaping our built environment.” n
Congratulations 2022 Norfolk Constructing Excellence Awards The ACA would like to congratulate fellow member - Sami Loton ARB RIBA BA(Hons)Arch, MArch, PGDip(UCL), Chartered Architect & Company Director at British Home Design - on her first commendation for G4C FUTURE LEADER; at the recent Norfolk Constructing Excellence Awards Evening held at Dunstan Hall. Sami launched her architectural practice - British Home Design (BHD) - on May 1st 2021 and within one year of operation; Sami had achieved her first commendation. BHD’s ethos is design excellence and client satisfaction being at the forefront of what they do which will always remain their primary focus behind their drive. This being their core objective for the next 12 months when they will continue to provide the passion and ingenuity that great design deserves. We look forward hearing more success stories from Sami and her team. WWW.BRITISHHOMEDESIGN.COM
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ACA excellence in practice
ANTHONY CARLILE ARCHITECTS www.anthonycarlile.co.uk A
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Guest Cabaña, Spain This concept describes the preliminary design for a small and moveable/removable, prefabricated cabin in a natural park inland of Costa Brava, Gerona Spain for a private client. The cabin is for guest accommodation and to include a double bed, a fold-out sofa-bed a kitchenette, storage and a bathroom. It is to be prefabricated and to arrive at the site on a lorry for assembly within a 2-3 day period. Clad internally with good quality plywood and externally in timber boards, it is to rest on the ground lightly without foundations. The site is a broadly rectangular terrace, in oak woods, on a steep slope, falling away from the main house which lies to the south.
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LEVEL SAND BLINDING OVER COURSE GRAVEL OVER FREE-DRAINING GEO-TEXTILE MEMBRANE (TO PREVENT WEED GROWTH)
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Architects tend to hold affection for projects that didn’t get built. In this feature ‘Ones that got away’ we invite members to offer some of theirs for future editions of ACANews
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Note. Plywood sheathing not shown
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ACA CPD EVENTS ACA excellence in practice
ACA CPD events ARB Consultation - A reminder Deadline Monday 4th July ACA Members should respond to the below as the biggest impact will be on architectural practices. https://arb.citizenspace.com/standards/pii-consultation/ Do also email us with your views at office@acarchitects.co.uk JUNE Free webinar with Employment Law Specialists Short Richardson & Forth Date to be confirmed London Planning & Development Forum Monday 6th June 2pm for 2:30pm start at 22 Gordon Street, London WC1H OQB - Room 1.02 Hosted by Dr Jessica Ferm, Associate Professor in Planning and Urban Management, Bartlett School of Planning, University College London (UCL) Followed by a glass of UCL wine and some networking TO REGISTER YOUR PLACE, PLEASE EMAIL JAMES MITCHELL jm@axiomarchitects.co.uk SEPTEMBER ACA AGM Wednesday 7th September @ 6pm - Zoom Registration details to follow Landscape The Industry Trade Show 28th & 29th September Hall 3 - The NEC, Birmingham NOVEMBER London Build Expo 16th & 17th November Olympia, London - ACA date to be confirmed Please keep an eye out for emails from the ACA Office inviting you to further webinars and other events
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ACA FORMS OF APPOINTMENT
ACA forms of appointment The ACA produces two architectural appointments. The highly successful “ACA SFA – ACA Standard Form of Agreement for the Appointment of an Architect” and a shorter form of appointment contract “ACA98 – The Appointment of a Consultant Architect for Small Works” shortly to be republished in a 2022 edition. Download the worked example of SFA, 2012 edition (with updates) as a ‘taster’ from here: https://tinyurl.com/ 1mt7tuf6
Regulars
The Journal of the London Planning & Development Forum Issue 120 JANUARY-MARCH 2022
LEADERS page 5 ¡PILLO! page 27 PLANNING PERFORMANCE p28 ANDY ROGERS page 41 PARKYN’S PIECES page 42 FARRELLS: Shaping London p73
www.planninginlondon.com
Take your PiL Keep up with Planning in London Planning sets the context within which architects have to work and deliver for their clients
UPDATING RICHARD ROGERS' URBAN RENAISSANCE leader page 5 and David
PiL has been published quarterly since 1992. SEE www.planninginlondon.com
Rudlin page 9; BUILDING HOMES ON CAR PARKS: Grant Leggett & Riëtte Oosthuizen page 44; TOWN CENTRES: Nicholas Falk and Nick Taylor page 59 THE ESSENTIAL GUIDE TO DEVELOPMENT IN THE CAPITAL
Please subscribe: page 72
ACA members can subscribe at half price: just £50 pa. Email planninginlondon@mac.com for details.
international building press MAGAZINE OF THE YEAR (non-weekly) WINNER 2007, FINALIST 2006–2010 & 2016+2017+2018
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ACA PUBLICATIONS GO TO: https://acarchitects.co.uk/shop/ and http://allianceforms.co.uk
The ACA publishes a number of key documents used extensively by the building professions and within the industry. They are divided into the general sections below for clarity. The ACA recommends the following as best practice guidance: incorporation of terms by reference
and ensure you take appropriate legal advice. Avoid jeopardising good working relationships.
1. Ensure you complete and sign an appropriate and current Standard Form of Agreement / Contract at the outset. This should prevent misunderstandings on what has been agreed.
4. Ensure all terms of any agreement / contract are clearly set out and that none are “incorporated by reference” as these will not appear within what you sign. If necessary ensure terms of agreement are signed separately. Don’t waste time and avoid costly disputes
2. Agree the scope of services within the Agreement / Contract with the Client. Clarify what is included and the cost. This should avoid the risk of unlimited liability 3. Consider the effect of any proposed amendments to the Standard Form ACA Suite of Partnering Contracts, PPC2000, TPC2005 and SPC2000 and related Guidance The current publications are: PPC2000 (Amended 2013) – ACA Standard Form of Contract for Project Partnering TPC2005 (Amended 2008) – ACA Standard Form of Contract for Term Partnering SPC2000 (Amended 2008) – ACA Standard Form of Specialist Contract for Project Partnering SPC2000 Short From (Issued 2010) – ACA Standard Form of Specialist Contract for Project Partnering STPC2005 (Issued 2010) – ACA Standard Form of Specialist Contract for Term Partnering Guide to ACA Project Partnering Contracts PPC2000 and SPC2000 Guide to ACA Term Partnering Contracts TPC2005 and STPC2005 Introduction to Pricing Under PPC2000 Introduction to Pricing Under TPC2005 PPC(S) – Scottish Supplement to PPC2000 If you are starting a new building project, you should use the latest versions of each contract which contain incorporated amendments. There is a PPC2000 dedicated website at www.ppc2000.co.uk for further information on ACA/ACE suite of partnering contracts. To learn more about the range of projects that have been procured using PPC2000 and TPC2005 you can download the free publication which features 28 case studies: 10 Years of PPC2000
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ACANews JUNE 2022
The entire publications catalogue is available to view on the PPublications Shop page at https://acarchitects.co.uk/shop/with a short description of each, costs and their ISBN numbers.
ACA Suite of Alliance Contracts FAC-1 and TAC-1 The current publications are: FAC-1 - Framework Alliance Contract TAC-1 – Term Alliance Contract Visit the dedicated website at www.allianceforms.co.uk for further information and detailed guidance. ACA Forms of Architectural Appointment The ACA produces two architectural appointments. The highly successful “ACA SFA – ACA Standard Form of Agreement for the Appointment of an Architect” and a shorter form of appointment contract “ACA98 – The Appointment of a Consultant Architect for Small Works”(out of print) and to be republished as a 2022 edition in the summer. ACA SFA 2012 is the current version of the ACA SFA which was originally published in September 2008. It has been updated. The English version is now available at £22 per copy or £20 per copy when two or more copies are purchased. A full sample ‘worked’ copy of the ACA SFA 2008 Appointment document is available to view at: ACASFA Taster
Other building related Contracts and documents The ACA produces other documents including: ACA Form of Building Agreement ACA form of Subcontract ACA Certificates for use with ACA Building Agreements. Architects, Chartered Architects and Architectural Derivatives – A guide to who should help with your building project: To help your clients understand the difference between architects, architectural technicians, architectural technologists and other classifications of design professionals, the ACA in collaboration with the ARB, CIAT and RIAS have produced an information leaflet which can be downloaded from Consumer information leaflet DOWNLOAD version. Tasters More complete descriptions and some ‘Tasters’ of the main ACA documents may be viewed on the ‘Tasters’ pages. Order documents via the website on the Order Form at https://acarchitects.co.uk/shop/ If you are ordering more than five copies of any publications, or are ordering from overseas, please contact us at office@acarchitects.co.uk to arrange for a bespoke shipping quote and discounted costs on the publications. Please see our terms and conditions of trading ACA Publication purchase T & Cs n
www.acarchitects.co.uk
NEW MEMBERS
Welcome to some recent new members Emil Day / Assael Architecture Daniel Kemp / Mackie Ramsay Taylor Architects Ian Clemow / Wigan Council Luke Tannenbaum / Architectural Association School of Architecture Tasmiya Naseer / Northumbria University Raymond QUEK / Raymond QUEK Ryan Cossar / Ryan Cossar Architect
Jonathan Logsdon / Jonathan Logsdon Architect Sami Loton / British Home Design Anthony Carlile Anthony Carlile Architects Maria Brempou MTM Vision LTD Barry Maguire Barry Maguire Chartered Architect
ACA is growing In order for the ACA to have more of an effective voice and representation when providing Government consultations and lobbying parliament, we are always looking for new members. Membership is FREE so do spread the word to colleagues. Be sure to follow us on
LinkedIn The Association of Consultant Architects
Twitter @ArchitectureACA
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