The Building Designer

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THE

DESIGNER No. 166, June 2011

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Honour State President 1990 - 1991 1991 - 1992 1992 - 1994 1994 - 1996 1996 - 1997 1997 - 1999 1999 - 2001 2001 - 2003 2003 - 2006 2006 - 2008 2008 -

Board

building designers’ association of queensland inc.

Chris Raymond Jim O’Leary Adrian Pooley Keith Ratcliffe Russell Meikle Russell Brandon Phillip Buchanan Peter Nelson Jeff Osman Max Slade Greg Pershouse

Life Member 1992 1992 1994 2000 2000 2008 2008 2009

Jim O’Leary John Hooker Adrian Pooley Jeff Osman Russell Brandon Glen Place Bert Priest Phillip Buchanan

Fellow 2009 2009

Stephen Kidd Chris Vandyke

Honorary Member 1999 1999 2003

Margaret Hooker Meryl Pooley Barb Priest

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Editor Russell Brandon

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EDITORIAL

Editorial Coordinator Kerrianne Sheppard Phone: 07 3889 9119

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COVER STORY

Advertising Enquiries Russell Brandon Phone: 07 3889 9119

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2011 BDAQ/BEDI STATE CONFERENCE

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HOMEGUARD TERMITE SECURITY

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DESIGN FEATURE

Feature Writer Mel Walsh

Tropical Resort

Art & Design Jon Walsh Printer ABC Printing Publisher Building Designers’ Association of Queensland Inc. PO Box 651 STRATHPINE, QLD 4500 Phone: 07 3889 9119 Fax: 07 3205 1078 Email: admin@bdaq.com.au Web Site: www.bdaq.com.au

BDAQ EXECUTIVE President Greg Pershouse Phone: 07 4151 8350 Email: greg@designgp.com.au

Westwood Villas

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DESIGN FEATURE Perfect Family Home

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LEGAL TIPS FOR BUILDING DESIGNERS In a new ‘green world’ from HopgoodGanim Lawyers

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DESIGN FEATURE Adapt

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LAST WORD

Vice President Arthur Martin Phone: 07 4662 1403 Email: arthur@martindesign.com.au Secretary Colin Roe Phone: 07 3203 7045 Email: colinroe@tpg.com.au Treasurer Ian Darnell Phone: 07 4661 3714 Email: darnell@nspire.com.au

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Northern Vice President Rod Butland Phone: 07 4051 9722 Email: buck@buckdesign.com.au Central Vice President Steve Claridge Phone: 07 5641 1966 Email: steve@claridge.net.au Southern Vice President Peter Nelson Phone: 07 3808 8517 Email: nelsonpj42@optusnet.com.au Membership & Promotions Director Steve Gray Phone: 07 4124 0600 Email: hbdg@bigpond.net.au Technical, Legislation & Planning Director Brad Owens Phone: 07 4772 4205 Email: bowe6163@bigpond.net.au Training and Education Director Glen Place Phone: 07 4942 1316 Email: glen@placedesigns.com.au Executive Director Russell Brandon Phone: 07 3889 9119 Email: admin@bdaq.com.au

ADAPT

All information in this publication is provided in good faith but on the strict understanding that neither BDAQ nor the editor nor any other persons contributing to or involved in the

THE

DESIGNER No. 166, June 2011

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publication shall incur any liability whatsoever or howsoever arising (including but not limited to liability for negligent misstatement) in respect of such information and all liability arising either directly or indirectly as a

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consequence of the use or reliance upon any 95

advice, representations, statement, opinion or conclusion expressed in this publication is, to

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the extent permitted by law, expressly disclaimed. Copyright (c) 2011 Building Designers' Association Queensland Inc. and its licensors. All rights reserved.

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Cover: Lot 11 Beachfront Mirage Chris Vandyke Designs p5

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The Building Designer No.166 June 2011

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Maybe it's time to think about the real world! I get seriously concerned about the future of this country when listening to decision-makers discuss the economy. It appears that a huge gulf exists between what is happening in the real world and what data is being used to make the decisions that impact on people's livelihood. It has been reported that over one hundred thousand people in Australia are homeless. Another report suggests that 1.2 million people are suffering from financial stress. This coincides with a slowdown in building design activity which does not bode well for the housing industry for the next little while. The Herald Sun reported (June 1) that “Australians appear to be shelving plans to build or renovate their homes”. That's not news to most building designers. Meanwhile there is continued speculation that interest rates will rise again in the second half of the year. JP Morgan economist, Ben Jarman, was quoted as saying that the “current path, combined with our expectation of further policy tightening in coming quarters, supports our view that building approvals will continue to lose ground”. This column has always tried to remain positive about the future prospects of building designers but we all know that the industry is bleeding and needs an urgent shot

in the arm. Many building designers are doing it tough and it's time that the decision-makers realised that a booming mining sector doesn't mean that everything is rosy in the real world. It sometimes appears that the economists believe that people are just an inventory in the pursuit of low inflation and, more recently, sustainability. The reserve bank believes that interest rates still need to move higher even though growth is restricted to just part of the economy. “Members noted that the significant divergences between different sectors of the economy presented challenges for policymaking, but that monetary policy had to be set for the needs of the overall economy. In this respect, members judged that if economic conditions continued to evolve as expected, higher interest rates were likely to be required at some point if inflation was to remain consistent with the medium-term target.” (From the minutes of the May 2011 Reserve Bank Board meeting) I have another idea that could be considered. A one off interest rate drop may just stimulate some of the “divergent sectors” of the economy and get rid of those “challenges” allowing more real people to share in the growing economy.

Speaking of economists, I have some concern about the direction of Australia's climate change response. The great hope is that the carbon price will change the attitude of all Australians, encourage investment in renewable energy sources and reduce greenhouse gas emissions. All are worthy aims which I heartily endorse. I fear that the reality is that those who can afford to use power irresponsibly right now, will continue to be able to pay to use power irresponsibly after the carbon price is implemented. Most of us have already been hit by huge power price increases and are taking appropriate steps now. For an increasing number electricity is becoming (or has become) unaffordable. That is really sad in a country like Australia. Again. I have another idea that could be considered. The government could legislate for a mandatory reduction in emissions by industry, build more renewable energy generation infrastructure and place a carbon penalty on households with higher than acceptable energy usage. We would then see some real results. To those who say we can't afford the renewable energy infrastructure without a carbon tax, my response is that if faster broadband is more important than climate change, what are we arguing about? Russell Brandon

For professional building design and documentation look for one or more of these logos when you choose your building designer MEMBER

CHARTERED MEMBER

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DESIGN FEATURE

Tropical Resort

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DESIGN FEATURE

This holiday home, designed by Chris Vandyke Designs, is ideal for tropical resort style living. There were many considerations when designing the home. The brief called for Asian influences with European finishes. The client had very specific ideas and came to the designers with a list of features to included in the design, including an outside Teppanyaki bar. The main objective was to create a resort style home with Asian influences which could accommodate up to 8 people. The resulting design features three interconnecting pavilions and a strong connection between indoor and outdoor spaces. The two pavilions toward the front of the dwelling are single storey and house two of the bedrooms. The walkway access from the entrance to these rooms evokes the feeling of being outdoors, with water features under the walkways and surrounding greenery. The rear pavilion houses two bedrooms including the master suite on the second storey and living areas on the lower floor. These bedrooms are accessed by separate staircases, allowing for complete privacy. Each has an ensuite, complete with double showers and basins. The lower living area includes generous kitchen, dining and living areas. Passive cooling and natural day lighting are well used to make this an environmentally sustainable design. Openings were carefully planned to allow the cool summer sea breezes to filter through the building. The separate, narrow buildings provide good cross ventilation, while ceiling fans help to circulate the air. Aircell reflective foil membrane is used to insulate the roof. Deep overhangs shade thermal mass and windows reduce heat loading Shaded living areas and terraces to the east provide a cool respite for the tropical evenings. Single depth pavilions with light coloured reflective walls and floors enhance natural daylight and reduce the reliance on artificial light. Adjustable louvers and blinds allow for light control.

The sunlight in the central space between the pavilions is enhanced by vegetation and reflected by water. The lines between indoors and outdoors are blurred in this holiday home. The pool and outdoor areas are a focal point of the design. The pool and spa are a seamless extension of the house and lead directly into the dining room. Each indoor area has views of an outside space. This, combined with the extensive use of louvers and glass, makes it seem like the resident is outdoors even when relaxing inside. 100

The client's desire to create a tropical holiday home in a resort style has been realised to the fullest extent. The team at Chris Vandyke Design have gone above and beyond the original brief to create this tropical oasis where indoors and outdoors combine as one to create a unique place of tranquillity.

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DESIGN FEATURE

Chris Vandyke Chris Vandyke Designs 07 4038 3000 chris@chrisvandyke.com.au

“The lines between indoors and outdoors are blurred in this holiday home”.

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2011 BDAQ /BEDI State Conference Sustainable Building Design - A New Paradigm Friday 19 August to Sunday 21 August 2011 Brisbane Convention and Exhibition Centre Merivale Street, South Brisbane

Friday 19 August off site at the Victoria Park Golf Complex 8.00am

Technical Breakfast

10.00am

BDAQ Golf Day

6.00pm

Welcome Event

Saturday 20 August Brisbane Convention & Exhibition Centre 9.00am

Conference Sessions

1.00pm

Study Tour

6.30pm

Queensland Building Design Awards Presentation

Friday 19 August Join us for breakfast overlooking the tranquil golf course and spectacular city views. A technical speaker will provide interesting information and product suppliers will be on hand for some great networking. Stay on for a fun day on the golf course and/or return in the evening for a cocktail welcome event like no other. Sunday 21 August 9.00am

Conference Sessions

1.00pm

BDAQ AGM

1.30pm

BDAQ Member Forum

proudly supported by

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2011 BDAQ /BEDI State Conference Sustainable Building Design - A New Paradigm David Baggs

Taking the leadership on climate change David Baggs is CEO, Co-founder and GreenTag™ Program Director of ecospecifier global, a product assessment, verification and certification service and online database that simplifies the green building industry's product research time and integrates products into Green Building rating schemes. GreenTag™ is a GBCA recognised Green Star® third party Life Cycle Assessment (LCA) rating and certification system underpinned by the world's first BIM based LCA engine LCADesign. David is an award winning Chartered Architect and sustainability, consultant with over 30 years green building design and product experience.

Tammy Berghofer

Design for sustainability and climate change requires changing the way most designers work. If you take standard designs and try to make them 'sustainable' by bolting on technologies, projects will cost more and deliver less per dollar. Integrative practices are key to delivering lower cost higher performance buildings for projects at all scales. This presentation delivers Five Key strategies to integrate climate change mitigation cost effectively into your everyday practice and drive sustainability outcomes in every project whether your client is a 'green client' or not.

Sustainability and the Law

Tammy is an Associate of HopgoodGanim Lawyer's Commercial Property team with a particular interest in sustainable development, renewable energy development and 'green' buildings.

With the increase in demand, the industry has been flooded with 'green' rating tools that offer clients and buyers a simple way to compare properties and inform their decisions.

She advises landowners and tenants on green rating tools and the impact that existing and proposed State and Federal Government initiatives will have on commercial transactions, including leases and contracts for the sale and purchase of land.

One such program that has just received a national overhaul is the UDIA's EnviroDevelopment National Standards program.

Tammy is an EnviroDevelopment Professional and was the only legal practitioner on the UDIA's EnviroDevelopment Technical Standards Taskforce for the drafting of the National Technical Standards. Accordingly, Tammy has a comprehensive knowledge of the EnviroDevelopment program.

Rachael Bermingham

To obtain and maintain the benefit of these ratings, including an EnviroDevelopment rating, developers and building designers must ensure that criteria are met and continue to be met. This presentation will be an introduction to legal issues for sustainable building designers and some practical legal solutions to obtain and maintain 'green' ratings

Strategies for Success

Rachael Bermingham has written 6 bestselling books in the last 5 years and is regarded as Australia's # 1 best-selling, self-published, female author.

Rachael Bermingham’s talent for growing businesses from $0 to a multi-million dollar turnover from her home office using low cost marketing strategies while juggling family commitments is phenomenal.

Rachael has become most renowned for her ability and natural flair in building multi-million dollar companies from a home base, around family commitments using clever 'no cost' marketing tactics.

Her time management and effective goal setting strategies have lead her to become one of Australia’s most inspiring keynote speakers.

A natural entrepreneur, Rachael's talent for business shone early when she started her first business at only 19. Having experienced a variety of jobs – including travel agent, stunt woman and shark feeder – Rachael started her journey as a best-selling author in 2005, when she co-wrote, self-published and self-funded her 1st book 'Read My Lips'.

Peter Woods

This spirited, energetic and enthusiastic mum is renowned for her creativity, imagination, humour and captivates her audience during her presentations. She focuses on real solutions and strategies that have worked for her and have been instrumental in orchestrating her own business goals.

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Peter Woods heads up Concept2Completion@Cost a patented innovative software product that provides points of difference for designers from others firstly and provides additional sources of income for designers secondly. The real bonus is that whilst additional income is produced on the back of providing designer's advantages to their customers that few can match, the software comes free of charge to members.

The program is based on experience in design and construction since 1974 and through the joint partnership with leading Quantity Surveyors Mitchell Brandtman, brings the latest thinking in Building Information Modelling (BIM) to you the designer. This presentation is a must for members to enable the very latest technology of BIM to be taken up to provide a WIN – WIN result for you and your customers.

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2011 BDAQ /BEDI State Conference Sustainable Building Design - A New Paradigm Neil Thompson

Practical Solutions

PRESENTATIONS

Neil is a postgraduate researcher and PhD Candidate in sustainable buildings at the Queensland University of Technology's School of Urban Development in the Faculty of Built Environment and Engineering at the Garden's Point Campus in Brisbane. He is also sustainability consultant to a number of privately held and public list companies operating in the consulting engineering, utilities, resources and strata property management and development sectors. Neil is also accredited as an ecoBiz facilitator as part of the Queensland State Government's ClimateSmart program and undertakes pro-bono work for NGO's such as Habitat For Humanity.

Neil is currently working with a range of strata property management and development companies to help build t h e i r b u s i n e s s e s by l e ve ra g i n g t h e e m e rg i n g “retrogreening” market in the existing commercial and residential property sectors together with the Ecologically Sustainable Development (ESD) technologies and services markets associated with new property developments. These markets are currently valued in excess of $A25 billion over the next decade in response to escalating building utility and transport costs together with legislative obligations.

He has over twenty five years experience in the design and upgrade of energy efficient and renewable energy based building utilities and transport systems for commercial buildings and master planned communities in Australia and overseas.

JAMES HARDIE BUILDING PRODUCTS STUDY TOUR Saturday afternoon we will be guests of James Hardie Building Products for a bus trip which includes a visit to their factory followed by a tour of a sustainable urban development and sustainable housing. So sit back and relax while we take the conference outdoors to show you sustainable building design in practice.

TECHNICAL BREAKFAST Friday 19 August at 8.00am Victoria Park Golf Club, Herston Join us for breakfast overlooking the tranquil golf course and spectacular city views. A technical speaker will provide interesting information and product suppliers will be on hand for some great networking.

BDAQ GOLF DAY Friday 19 August at 10.00am Victoria Park Golf Club, Herston A fun day on the golf course awaits for experienced golfers or first timers alike. The BDAQ Golf Day is a fantastic way to relax, enjoy some spectacular city views and network with other designers, sponsors and more.

ASSOCIATION BUSINESS BDAQ has always prided itself on being an association m a n a g e d by m e m b e r s fo r m e m b e r s. Th e management committee represents members from all parts of Queensland and is keen to hear about the aspirations, opinions, ideas and needs of every member. On Sunday 21 August, the Annual General Meeting will be your opportunity to hear about what BDAQ has been doing over the last twelve months. It has been a very important year for BDAQ and on which has had some ups and downs. At the AGM you will also have the opportunity to vote in the management committee for the next twelve months. The BEDI Ltd AGM will be incorporated into the meeting. A member forum will follow the AGM giving you an ideal opportunity to put forward your ideas, concerns or raise any matter at all. BDAQ management would value your input into how the association progresses from 2011 onwards.

WELCOME COCKTAILS Friday 19 August at 6.00pm Victoria Park Golf Club, Herston We will return to Victoria Park in the evening for a welcome function with a difference.There will be the usual drinks and nibbles with the beautiful background of city lights and use of great facilities including putt-putt. If you are staying at South Brisbane for the conference there is no need for a designated driver because we will have a bus pick you up at and drop you back to the convention centre.

AWARDS CELEBRATION GALA DINNER

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Saturday 20 August at 6.30pm Brisbane Convention & Exhibition Centre This year’s presentation dinner includes: 2011 Queensland Building Design Awards 2011 Construction Documentation Awards 2011 Queensland Student Design Awards 2011 National Sustainable Building Designer Awards

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There will also be plenty of entertainment, good food, drinks and great company. This is BDAQ’s Gala Celebration Event of the year.

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FMC HOMEGUARD

Professional Builders Trust HomeGuardTermite Security – from the ground up! When you're making decisions about termite management options for your commercial or residential construction projects, put HomeGuard Precision Termite Management to work. No other system is more effective, more versatile, more reliable or better value for you and your client. HomeGuard's comprehensive range of versatile components provide protection for a wide range of structural scenarios; it is a tried and proven system that blocks, repels and kills termites. Available in full under slab or perimeter cavity sheets, corners, collars, granules, and adhesive, HomeGuard is quick, easy and safe to use and won't hold up other trades people on site. HomeGuard DPC Sheeting serves a dual purpose both as a termite barrier and as a Building Code of Australia compliant moisture barrier, thereby reducing cost. For a flexible, cost-effective termite control solution, you simply won't find better.

The HomeGuard System is both user and environmentally friendly, is non-sensitizing and requires no special safety equipment when it is installed. HomeGuard stays where it is placed, is sealed within the structure of the building and will not affect your clients, their pets or any aspect of the built environment. Australian made HomeGuard has CodeMark, BCA approval and HIA Greensmart status. All this makes HomeGuard the preferred choice for many of Australia's leading builders. Insist on the best, insist on HomeGuard. For quick, easy and accurate project specifications go to fmc.autospec.com.au or for more information free-call 1800 066 355 or visit www.homeguardptm.com.au

HomeGuard will not corrode, split or delaminate like other physical barriers and is manufactured from materials designed to last the life of the building.

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DESIGN FEATURE

Perfect Family Home

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DESIGN FEATURE

Trevor Reitsma Reitsma & Associates 07 5491 6834 info@reitsma.com.au

Fanning House, designed by Trevor Reitsma from Reitsma and Associates, is situated in a tranquil bush setting with ocean views. The design team faced the challenge of designing a modestly sized house that would combine elegance and family living while working with the contours of the block. The resulting split level design is just over 250m² and complements the 6.5m slope on the site. A single plane skillion roof ties the stepped zones together. The use of lightweight material ensures that the dwelling doesn't dominate the landscape. The ocean blue entrance

creates a striking colour contrast with the rest of the house and its surroundings. A floating step leads to the entrance of the home where expanses of glazing are used to give a feeling of balance. The entrance of the home through the foyer leads upwards to the living areas or downwards to the double garage, situated under the master bedroom. A storage area is featured under the stair recess near the garage. To the front of the house is a generously sized master bedroom, with an ensuite to the right and a

living room to the left. A study or nursery is conveniently situated just outside the master suite. A step down from the living room leads to a dining room with a further step down leading to a kitchen equipped with a walk-in pantry. To the left of the kitchen is a laundry. The rear of the dwelling houses three more bedrooms and a second bathroom. Good design of the expansive outdoor areas takes full advantage of the beautiful site. An outdoor living area to the north-east of the house rivals the

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DESIGN FEATURE

indoor living room in size, while a breakfast deck makes the most of views to the north. The final result of this beautiful design is a family friendly house on a magnificent site. A welcoming front elevation, along with open plan indoor and outdoor entertaining areas, makes this an excellent house for entertaining guests, while the separate bedroom areas allow for privacy. This is the perfect home for a growing family.

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“Greenwash Free” Web Site Is Now Also “cost Free” ecospecifier has launched a brand new website that is totally free to air to display its new GreenTag™ GreenRate GBCA recognised product certification and rebranded Verified Product listings (formerly 'Enhanced' listings). The new site is suitable for green building professionals, DIY renovators and homeowners alike, in fact anyone looking to simplify their green building product research using a one stop source. Australia's premier source of online data and knowledge about eco and health preferred building materials, products, technologies and design strategies has been re-launched and is now: l much easier to navigate; has l more graphics driven with fewer words; l provides image galleries of products; l has new and more powerful search functions with Green Star® tool and credit icons with rollover text to explain the credits and points; and l product summaries and news and events features; with l manufacturer profiles; and a l new tab driven product listing layouts; as well as l a large amount of new knowledgebase information; and a whole new section of easy to read articles (such as the newly recognised health impacts of Propylene Glycol, a common constituent of water based paints and the health impacts and trade-offs of mercury in fluorescent lighting). The site also includes new ecospecifier Verified Product Program product listings that ensure the product has been third party verified as an eco-preferred, healthy product and been subjected to the same highly detailed and robust health and ecotoxicity screen as GreenTag™ certified products with technical advice as to products' relevance to green building rating tools such as Green Star®, NABERS and BASIX.

Products certified under the new world first ecospecifier global Green Tag™ LCARate Certification system, and underpinned by rigorous, audited Life Cycle Assessment (LCA) processes such as Polyflor, Laminex, Dunlop Underlays and Tontine Insulation are also included on the site together with the GreenRate certifications. GreenRate Certification provides GBCA recognised points in Materials Calculators, Volatile organic compounds and formaldehyde credits for items like, flooring, paint, kitchens, joinery, furniture, mattresses, walls, partitions, ceilings, adhesives and sealants, building boards and composite wood like laminated beams and plywood. According to CEO Baggs, “The GreenTag™ program is only 9 months old and already has nearly 40 products certified and a further 200 products under certification, its success has given us the confidence to take the site free to air so that everyone can access information at whatever level of detail they need, from product summaries and GreenTag™ Rating Scorecards, to Green Star® Certification and highly detailed ISO 14005 compliant Environmental Product Declarations'. Asked about the accreditation of ecospecifier's new GreenTag™ Ecolabel program he replied' GreenTag™ is Australia's most third party certified product certification system with audits undertaken not only of our Quality System but also of our assessments and compliance to no less than 5 International and Australian Standards

www.ecospecifier.com.au

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The use of natural gas is a contributing factor in achieving a new building 6 Green Star Rating. With natural gas reducing carbon emissions and increasing energy efďŹ ciency by utilising innovative cogen and trigen solutions, it makes good sense to plan and specify natural gas. Turn to natural gas to reduce your project’s carbon footprint and receive all the beneďŹ ts of a Green Star Rating.

Call the natural gas hotline on 1800 007 427 and ask for a Business Development Representative to contact you.

APTO150/M3

Specify natural gas in your high rise project and reach for the stars


DESIGN FEATURE

WESTWOOD V ILLAS

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DESIGN FEATURE

Westwood Villas, designed by Shane Kunkel from Arenkay Designs Pty Ltd, was commissioned by South-East Queensland development group, Hallmark Property. Hallmark Property had a vision to donate all profits from the sale of the villas to the charity organisation Teen Challenge Queensland. With this in mind, they were looking for a multi-residential complex that would be appealing to the buying public. The design was to include four villas, each with three bedrooms (including ensuite and walk-in-robe to the main), double garage, computer nook and open plan kitchen, dining and living areas. The villas constructed from Shane's design are surrounded by beautifully landscaped public and private spaces. Private outdoor areas are a mixture of turf and pavers. A driveway snakes through the landscaping, providing access to the double garage of each villa. The faรงade is a modern interpretation of the traditional gable and dutch gable roof forms. This design choice was made because of its appeal to the Toowoomba buying market.

On entering each villa, one is greeted by feature pillars, cutouts or niches. The villas have been finished to a high quality with differing colour schemes, providing choice for the potential buyer.

Each villa is constructed of brick veneer. Coloured brick piers to the entry porches provide a striking contrast to the front of the villa. The use of cladding infills, double hung windows and 1200mm wide entrance doors also contributes to the aesthetics of the faรงade. All villas have been designed so the living and main outdoor spaces are orientated to the north-east to provide for relaxed and comfortable living all year round. Indoor and outdoor areas are interconnected by use of large stacker sliding glass doors providing for relaxed living and plenty of natural light in the living areas.

The living areas are open plan and include a kitchen, meals area, lounge and a concealed computer nook. The double garage and wet areas are located to the west to protect the villas from the hot afternoon sun. The design achieves a five star energy efficiency rating. The villas have been designed to maximise air-flow and cross-ventilation and are fitted with wall and ceiling insulation, a 5000 litre rainwater tank (plumbed to washing machine, toilets and outside tap) and water efficient plumbing fixtures. Materials and finishes chosen require minimal maintenance and will stand the test of time.

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DESIGN FEATURE

Shane Kunkel Arenkay Designs Pty Ltd 07 4638 4766 shane@arenkaydesigns.com.au

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LEGAL TIPS FOR DESIGNERS

A new green world: Legal tips and traps for sustainable building designers By Tammy Berghofer, Associate, HopgoodGanim Lawyers

According to Dr Michael Braungart, legislation to limit the amount of poison we put in the air or in the water is a sign of design failure.1 .Of course, history, consumer sentiment and political ideology cannot be disregarded in that discussion. But when Government authorities are enacting legislation and implementing policies with a view to 'greening up' Australia's building stock, it is never too late to endeavour to understand your client's legal obligations in this new green world in order to better understand potential liability issues for your business. · Commercial Building Disclosure scheme Mandatory disclosure obligations under the Building Energy Efficiency Disclosure Act 2010 are now in place and are relevant if your client owns a disclosure affected building under that Act. A building is disclosure affected if: - no less than 75% of the net lettable area in the building is office space (which will exclude many mixed use buildings); and - the net lettable area of the office space is no less than 2000 square metres. A building is not disclosure affected however if: - it is strata titled; or - it is new, has had or is undergoing a major refurbishment so that a new certificate of occupancy is required and the certificate of occupancy issued less than 2 years ago. To be exempt, a major refurbishment must have a substantial effect on the energy performance of the base building. A substantial effect will be achieved if

there is (or is expected to be) at least a ½ star change in the NABERS Energy Rating. The Department requires evidence from the building owner that the building has undergone (or is undergoing) a major refurbishment. It will be the time period between commencement of the refurbishment and availability of energy consumption data that the building owner may rely on information provided by you and its other consultants and suppliers (e.g. plans, analysis of energy consumption by plant and equipment before refurbishment and after) to support the expected change in performance. It is important, as a consultant on a potentially disclosure affected building, that you understand if the building owner expects a substantial reduction in the energy performance of the building after completion of the project. This information should be used to scope your role in the consultancy agreement. If the performance evidence is not available to support exemption from the Act, the penalties for noncompliance are substantial. Whilst this legislation currently relates to office buildings only, the Commonwealth Government has made it clear that it may extend the scheme to hotels, retail centres, schools and hospitals in the future. Tax breaks for green buildings

The tax breaks for green buildings scheme was announced by the current Government during the Federal election and is anticipated to commence on 1 July 2012. The scheme proposes a one-off bonus tax deduction of 50% of the eligible expenditure that an owner incurs to bring existing building stock from a 2star NABERS Energy rating (or less) to at least a 4-star NABERS Energy Rating. It is anticipated that applicants will not qualify for the tax deduction unless they first achieve registration under the scheme and then achieve the anticipated NABERS Energy Rating after completion of the project. Whilst draft legislation is yet to be released, there is little doubt that the application process will

require a statement about the anticipated reduction in energy consumption and how that will be achieved. Quantifying that reduction will involve the input of building designers and contractors from the outset, the consequence being that the building owner will be relying heavily on the advice received from you, as its consultant. If you engage with an owner looking to apply under this scheme, it is essential that your consultancy agreement clearly sets out your particular role in advising on and achieving reduced energy consumption. Take care when defining your role around the achievement of a particular NABERS Energy Rating. NABERS measures the actual performance of the building, so the ultimate rating depends on a number of factors quite apart from building design. Care also needs to be taken if you are recommending materials, plant and equipment that will impact on energy performance. A properly drafted consultancy agreement should address all of these issues. Contractual obligations

Your clients may have obligations under third party contracts that are not immediately obvious when you quote or take preliminary instructions about the design brief. It is important that the question be asked at the outset – what has the client agreed with third parties under lease agreements, sale contracts, licence agreements etc? Some examples of where your client's contractual obligations may present a liability issue for you are: - Green leases: Government tenants, whether State or Commonwealth, require minimum NABERS Energy Ratings for the premises they occupy. Whether due to corporate reporting obligations, a sense of social responsibility or in anticipation of future Government regulation, we are seeing an increase in the number of commercial landlords and tenants that require green clauses in their leases. These green leases contain clauses that set out the respective obligations of landlord and tenant to obtain and maintain NABERS Energy or GreenStar ratings.

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Dr Michael Braungart on Material Shortages and Designing a New Material World, 1 March 2011, Core77.com 0

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WASTE IS EVERYBODY'S BUSINESS While many companies are working hard to both minimise waste and recycle resources, Queensland produces an unsustainable amount of industry-generated waste every year, with only about one-third of recoverable resources being recycled. The Queensland Government's waste reforms include a strategy that sets new directions for waste and resource recovery, support programs to help business and local government, and a levy on landfill operators for industrial waste sent to them for disposal. Materials that are recovered, reused or recycled (that is, not sent to landfill) do not attract the levy. Programs funded by the levy will aim to: l support small and medium enterprises, including the

reThink Business Waste program l develop new products and expand markets for

recovered materials l offer grants to support the introduction of new resource

recovery options l support research and development to develop

processes and innovative solutions to boost resource recovery create waste reduction and avoidance initiatives for business. The government has partnered with the Business Recycling website www.businessrecycling.com.au, which provides contact details for local resource recovery operators. To find out more, visit www.derm.qld.gov.au/waste

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DESIGN FEATURE

Adapt

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DESIGN FEATURE

The creative design expertise of two firms, Latemore Design and Mercury Design, combined to contrive the unique concept of ADAPT, a transportable dwelling designed and built primarily as a display for the 2009 HIA Expo. The original idea for ADAPT was to design a display that combined the concepts of affordable housing and mobility to create a fully transportable, affordable dwelling. ADAPT needed to be a 3 bedroom livable dwelling, with costs kept similar to that of project homes. It was required to be almost fully prefabricated, completely transportable and suitable for any site. After many incarnations, the finished concept for ADAPT emerged.The final decision to utilize pods for each different living area meant that ADAPT was easily relocated and it was re-used after the Expo. ADAPT consisted of three main pods. The first, contained the master wing including master bedroom, study and ensuite. The centre pod, featuring a lounge and kitchen, opened onto an extensive deck and outdoor entertainment area. A third pod consisted of two bedrooms separated by a bathroom. The pods were linked by walkways and ramps. Each pod was designed to be relocatable, meaning that the configuration of the pods is changeable according to the tastes and needs of the owner. On site, each pod would be placed on posts and beams however for the Expo it was simply placed on the convention centre floor, allowing for quick deconstruction. The roof is added on site so that each pod becomes its own small building with overhang. 100

This unique design and structure achieved all of the goals set for the designers in the original brief. It was a huge hit with the public at the 2009 HIA Expo, attracting constant traffic for the duration of the Expo and being a deserving winner of Queensland Building Design Award in 2010.

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DESIGN FEATURE

Peter Latemore Latemore Design 07 3356 9051 peter@latemoredesign.com.au

Ben Hennig Mercury Design 1300 133 917 info@mercurydesign.org

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LAST WORD

global warming clean air ecosystems climate change biodiversity oceans natural resources pollution fauna flora environment sustainable future temperature Tony Blair said; “We can debate this or that aspect of climate change, but the reality is that most people now accept our climate is indeed subject to change”. It really is sad that any movement towards a more sustainable world has been totally side-tracked by the argument about man-made climate change. The answer to the question, of course, is that it doesn't matter if man made climate change is real.

What really matters is that we cannot sustain the world as we know it without changing the way we operate in a number of ways, including;

l stoping the depletion of the earth's resources at

a greater rate than nature is able to renew,

l stoping polluting our natural environment

whether it be the air that we breath, the oceans that are so necessary to sustain life on earth or the land from which so much of our sustenance comes, l stopping the destruction of ecosystems which maintain the fine balance of flora and fauna, l begin to rebuild the biodiversity on which our whole existence depends.

It is all very simple really and should not be lost in a dumb debate about the science and the reality of climate change. It really doesn't matter why or how the problem occurred or who is to blame.

It only matters that we all work towards a sustainable future.

Everything else is just a distraction from the main game or is political point scoring which is only

...CONTINUED A new green world: Legal tips and traps for sustainable building designers - Licence agreements: Intellectual property owners of green rating systems usually require the party seeking to promote the rating to enter into a licence agreement. These green rating systems are not limited to buildings – they may also cover the development in which you are engaged to design a building, for example, the UDIA's EnviroDevelopment rating tool. Licence agreements set out the licensee's obligations in order to utilise trademarks and maintain the rating. To the extent that any green rating system involves discretionary criteria or an element of subjectivity, you should ensure that your consultancy agreement protects you from a disappointing result, which may be due to a mere difference of opinion with the certification authority. Before finalising the terms of your engagement, it would be prudent to finalise your enquiries and investigations of the client's contractual obligations. This will assist you and the client to define your role in complying with those obligations. It will also ensure that you are not, due to a lack of information, placed in a position where the client asserts that you were responsible for knowing about and helping the client comply with these obligations.

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working to polarise the population, create unhelpful animosity and doing plenty to discourage people from actually acting sustainably. Unfortunately, the language so often used by the proponents of climate change indicates that they hope to bully the rest of the population into submission. This won't work.

Buildings and how we use them are crucial to sustainability and this puts building designers at the frontline in efforts to secure the future.

Over the past month BDAQ has been equipping Endorsed Sustainable Building Designers to effectively address the four imperatives mentioned above. These designers will be able to design buildings which meet the sustainability requirements of the Building Code of Australia and the Queensland Development Code.

More than this they will be able to research materials and technologies to design buildings that don't deplete the earth's resources, don't contribute to the pollution of the environment and don't destroy our ecosystems. They will actually work towards restorative sustainability by attempting to assist nature to repair some of the damage of the past and will advise their clients on how to occupy the buildings in a more sustainable way.

It's time for all the talk, all the bravado and all the bully tactics to end and be replaced by real action and we know that Endorsed Sustainable Building Designers are ready to stand up and lead the way.

In conclusion, if you are consulting on green projects, here are just a few of the many issues to consider when preparing your consultancy agreement: Is it intended that the project achieve a green rating certification? If so: o State the specifics of the rating certification system and the version being used; o Consider rating certification requirements and outline who is responsible for what. For example, who is required to collect data, collate materials, prepare submissions, certify compliance and lodge documentation with the certifying authority? o If a certification consultant is required (e.g. a GreenStar Associate), ensure that the client is responsible for engaging that consultant. Likewise, set out who is responsible for engaging other necessary contractors and consultants. Where possible, this should be the responsibility of the client.

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Clearly outline who is responsible for

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recommending and sourcing compliant materials, plant and equipment. If you are responsible for signing off on statutory declarations or other certifications to be submitted to the certifying authority, consider whether you are prepared to guarantee or warrant that the information is correct. A limitation of liability clause may be appropriate. HopgoodGanim can advise on legal requirements under the NABERS Energy, GreenStar and EnviroDevelopment green certification systems, advise on green lease clauses and draft appropriate provisions for your consultancy agreements.

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BDAQ EVENTS CALENDAR 2011 ENDORSED SUSTAINABLE BUILDING DESIGNER PROGRAM South Queensland Metro Hotel Ipswich International May 06 - 07, 13-14 2011 North Queensland Rydges Tradewinds Cairns May 27 - 28, June 03- 04 2011

BDAQ CONFERENCE & DESIGN AWARDS VICTORIA PARK GOLF COURSE Golf Day August 19 BRISBANE CONVENTION CENTRE State Conference August 19 - 21 Awards Dinner August 20

PROFESSIONAL DEVELOPMENT SPRING ROADSHOW Week 1

October 10 - 14 2011

Week 2

October 17 - 21 2011

BRANCH MEETINGS Branches occasionally change meeting details. Please contact the branch if you are attending for the first time or haven’t attended for a while. Far North Queensland: 5.30pm first Monday each month Contact: Rod Butland, Ph 07 4051 9722 Townsville: 12.00 noon first Tuesday each month Contact: Barry Switzer, Ph 07 4728 2339 Mackay: 6.00pm first Wednesday each month Contact: Naomi Otto, Ph 07 4954 8452 Central Queensland: 5.30pm second Wednesday, of these months: February, April, June. Agust and October Contact Carolyn Ramsay, Ph 4978 3171

Sunshine Coast: second Wednesday each month Contact: Ian Gorton, Ph 07 5447 5394 Brisbane North: 6.00pm third Monday each month Contact: Peter Latemore, Ph 07 3356 9051 Brisbane South: 6.30pm third Tuesday each month Contact: John Stones, Ph 0449 132 821 Ipswich: 5.30pm fourth Monday each month Contact: John Musters, Ph 07 3282 7004 South West: 6.30pm fourth Tuesday each month Contact: Bob Steger, Ph 07 4638 4766 Gold Coast: 6.30pm last Wednesday each moth Contact Stuart Osman, Ph 5520 3022

Wide Bay: 2.30pm second Wednesday every third month Contact: Mark Alderton, Ph 07 4157 7897

www.findabuildingdesigner.com.au Are you up to date? ‘Find a building designer’ is often the first way that potential clients will look for a building designer. Remember to notify admin of changes to your contact details.

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