VOLUME 22 • EDITION 2 • MARCH 2017
T H E O F F I C I A L M A G A Z I N E O F T H E B U I L D I N G D E S I G N E R S A S S O C I AT I O N O F V I C T O R I A
new 10-Star Sustainable Design
Challenge 2017 - Winner Sustainability in Design Seminar Reviewed Dangerous Designs Winner and much more!
James Hardie Australia – proudly supporting BDAV Print Post Approved PP: 100001216
2
BDAV NEWS
Welcome This month’s edition includes a review of our February CPD seminar on Sustainability in Design, written by Tim Adams, who has a gift in being able to succinctly summarise the key aspects of anything in which he participates. We also feature the winner of the BDAV’s 2017 10-Star Sustainable Design Challenge. There’s also lots of industry news, as well as all your favourite features. Enjoy the read!
In This Edition.... Cover Story: Winton Wetlands Hub................................................................................... 4 Industry News: 10-Star Sustainable Design Challenge 2017 Winner.................................................... 9 Solar Feed-In Tariffs Double In Victoria......................................................................... 17 Gutters and Downpipes ............................................................................................. 29 Dangerous Designs Competition Winner.................................................................... 33 International Sustainable Construction Awards............................................................ 35
Giselle Grynbaum Editor
Victoria’s First Vertical High School............................................................................... 39 ‘Sculpted’ Concrete Defies Award-Winning Home...................................................... 42
BDAV News
VBA News:
Produced by Giselle Grynbaum for Building Designers Association of Victoria Inc PO Box 174, Carlton South VIC 3053 Web: www.bdav.org.au Phone: (03) 9416 0227 Email: info@bdav.org.au Editor: Giselle Grynbaum
EDITORIAL COMMITTEE Tim Adams Todd Pearce Giselle Grynbaum
Roof and Floor Truss Computations, Layout Plan and Certification ............................... 3 Change to Annual Renewal Form.................................................................................. 3 Five-Year Registration Renewal for Existing Practitioners.............................................. 11 Directions to Fix Building Work..................................................................................... 11 CPD Topics: Sustainability in Design Seminar Review.................................................................7
Better Apartments Design Standards Seminars.............................................28 Japan Study Tour June 2017.........................................................................31 Awards-Writing MasterClass with Verity Campbell..........................................34 Planning Topics: Planning TidBits from Clause:1 Planning...............................................................12
DISCLAIMER
The views expressed in BDAV News are those of the contributors, and do not necessarily reflect the views of the Building Designers Association of Victoria. Products and services advertised herein are not necessarily endorsed by the BDAV. Whilst every reasonable effort has been made to ensure the accuracy of the information contained herein, neither the BDAV nor the publisher nor any person contributing to this publication shall incur any liability in respect to any information contained herein, nor for any errors or ommissions which may occur in this publication. Contributions are welcome, and should be emailed to the Editor to info@bdav.org.au.
COVER PHOTO Joe Sibley
Marketing Tips: The Instagram Rabbit Hole - Should You Go Down It?...........................................19 Legal Issues: My Customer Won’t Pay! What Do I Do?.............................................................37 Insurance Advice: What Happens when a Professional Indemnity Claim is Made?..............................23 Technology:..................................................................................................................... 13 Todd’s Top Apps.......................................................................................................... 27 Job Market...................................................................................................................... 41
BDAV Sponsors The BDAV appreciates the support and assistance of our sponsors (correct at time of printing)
30 years of building and design excellence
Follow us on:
30 years of building
BDAV Diamond Sponsor
V O L 2 2 E D I T I O N 2 M A R C H 2017
3
Roof and Floor Truss Computations, Layout Plan and Certification The VBA’s Inspection Services Team has issued a reminder about the importance of roof and floor truss computations, layout plans and certification (the truss details) being supplied to the relevant building surveyor (RBS) before frame construction starts. While assessing complaints lodged with the VBA, Inspection Services found that many frame inspections are being requested by the builder and arranged by the RBS without the roof and floor truss details being supplied to the RBS before the start of frame construction. Inspection Services also found that many building inspectors are approving the mandatory notification stage of a frame inspection without having the full truss details available on site at the time of inspection to allow for a full and accurate inspection. In many cases, the RBS is withholding the occupancy permit or Certificate of Final Inspection because they are still waiting on the full truss details at the end of the project.
What should be done? Roof and floor trusses are custom designed and built for each project, with individual trusses able to include design features that are important to its successful performance. Trusses are often supported on internal loadbearing walls, have web and chord members of different sizes and stress grades, and include web stiffeners, special braces and fixings. The computations provide the individual truss specifications that need to be assessed on site to ensure they are constructed and installed according to the intended design.
What can Practitioners do? The RBS should continue to ensure that the building permit incudes a condition that the full truss details are provided before frame construction starts. This will satisfy the RBS’s obligations set out in VBA Practice Note 2014-62. Where the builder is requesting a frame inspection, the RBS should confirm that they have been provided with the full truss details as per the building permit. If the builder has not provided them, the RBS should advise that there can be no inspection until the full truss details are
submitted for assessment, and when approved, can be given to the building inspector to conduct the frame inspection.
inspection subject to the builder providing the truss details to the RBS.
Builders must comply with all the conditions set out in the building permit and within the timeframes specified, including full truss details, before frame construction starts.
Where there has been an inspection and the full truss details were not provided to the RBS for approval, the RBS may issue an order to stop building work until these are provided so the frame can be inspected.
Building inspectors must ensure they conduct the frame inspection by reviewing all approved documentation, including the full truss details. Under no circumstances must the building inspector approve a frame inspection without reviewing this documentation approved by the RBS. Also, they must not approve the frame
Note: builders and tradespeople must not modify floor or roof trusses without first consulting the truss manufacturer and having the RBS approve the design of the truss modification. The building inspector must not approve the modified frame inspection if truss modifications have not been assessed and approved by the RBS.
Change to Annual Renewal Form To be better reflect the language used in the Building Act 1993 (the Act), the Victorian Building Authority has changed the title of the annual renewal notice for registered building practitioners. The annual renewal notice is now titled the ‘Annual Fee and Insurance Form’ which better reflects the requirements listed in the Act. On each anniversary of their registration, a registered building practitioner must pay an annual fee and provide proof that they will be covered by the required insurance for the next 12 months. The term ‘renewal of registration’ was introduced with the most recent changes to the Act. The VBA may grant a renewal of registration (for a period of five years) on the application of the registered building practitioner.
In line with this change, the VBA will be introducing a new application form ‘Five Year Registration Renewal of Building Practitioner’ which practitioners will need to complete and submit at least three months before their expiry date. This application form was to be available on the VBA website at the end February 2017. You will find further information at the VBA’s website, at www. vba.vic.gov.au, including: Fact Sheet – Five Year Registration Renewal for Existing Building Practitioners; Frequently Asked Questions - Five Year Registration Renewal for Existing Building Practitioners.
Have You Seen the BDAV’s new NEWS site? The ‘go to’ portal for news for the building design profession, featuring all the most informative news stories and tips to assist you in your business.
news.bdav.org.au
4
BDAV NEWS
Cover Story
Winton Wetlands Hub NRG Systems won the award for Best Environmentally Sustainable Design: NonResidential in the BDAV 2016 Building Design Awards for their Winton Wetlands Hub project located near Benalla in Victoria’s north-east. The client brief called for the Winton Wetlands Hub to be environmentally sensitive, technically innovative and socially engaging for the local community, with consideration for indigenous cultural heritage. This criteria can actually be read as code for sustainable design in its purest sense. The Hub serves as a tourist drawcard for the surrounding wetlands. The building and facilities needed to acquire sufficient profile to attract visitors and provide facility for arrival, ticketing, information, staff, café and function facilities for up to 200 people, and to accommodate five wetlands management staff in office facilities. Best-practice Environmental Sustainable Design (ESD) in a nationally significant wetlands restoration is a step in the right direction for Australia’s environment. Winton Wetlands is a restored wetland, dammed in the 1970s to supply water to the region, and decommissioned several years ago. It remains a significant environment to local indigenous Australians. The Winton Reserve Committee’s vision for the wetlands is to create a local tourism attraction for bird
watching, walking, riding, and canoeing on what they claim is the largest-scale wetland restoration project in the southern hemisphere.
the community around the project. He wanted to take design cues from the lake and its environs, through natural materials and free-flowing forms.
To celebrate the beginning of the wetland restoration and foster community engagement, the Winton Reserve Committee wanted to build a visitors’ centre and café. NRG Systems were brought in to create the centre on a tight budget to ESD design sensibilities.
Ken’s scheme is single-storey, with its roof scape reflecting the rolls and folds of the surrounding hills. Buttress stone base walls anchor the building to the earth to acknowledge the dam wall, Ken explains. “Radial weatherboards mimic wave forms; timber screens, posts and stays suggest wetland remnant trees and plants.” The flowing design accommodates adaptable and functional areas that make the most of the panoramic wetland views.
NRG Systems’ director Ken Sibley’s aim for this project was to create a “building that showcases sustainable architecture,” and engages and unifies
V O L 2 2 E D I T I O N 2 M A R C H 2017
Built to passive design principles for year-round comfort, the building substantially minimises heating and cooling costs. There’s low-emission double-glazing glass throughout, a gridconnected solar electric and solar hot water system, and rainwater harvesting. “It’s pretty much an autonomous building,” says Ken.
community engagement point of view, Ken is unequivocal. “The building has been a huge success. It’s become a popular spot for bike riders and other visitors for coffee and meals, and it’s also used for functions and seminars. It attracts people from the immediate community, from neighbouring towns and travellers passing through.”
Despite these many still rarely-adopted technologies, Ken is perhaps most delighted with the support he received from the Committee and local council to install a commercial grade worm farm. The system treats all waste water, sewage, and organic waste through cost-effective, eco-friendly means: worms, and lots of them. “There are no toxic discharges from the worm farm compared with almost every other system, which was important because the building is so close to the sensitive wetlands environment,” Ken says.
The Judging Panel considered that The Hub does, in fact, respond to the design brief in an effective and credible manner. So its sustainability credentials are beyond question. The inherent connection between The Hub’s comprehensively worked sustainability features and its function as a community resource that is intended to heighten awareness of locals and visiting tourists of the significance of both the surrounding wetlands and the indigenous cultural heritage, was seen as particularly commendable by the Judges.
When asked about the project’s success from not only a sustainability but
Acknowledgements Designer: NRG Systems Pty Ltd Builder: Landmark Constructions Building Neville McCormick Surveyor: Consulting Photographer: Joe Sibley
The flowing roof reflects the rolling forms of the adjacent ranges
5
6
BDAV NEWS
A New Breed In Decking Built Tough For Australia. If you hate having to regularly stain or replace your timber deck you’ll love HardieDeck™ . It isn’t timber or plastic. It’s resistant to rot, termites, fire and damage from moisture*. And it’s built to last with a 10 year warranty
With accessories including wide boards, edge caps, and a wide range of coating choices, HardieDeck™ prompts creativity with stylish and distinctive layouts. Open up fresh home and landscape design options with HardieDeck™
HardieDeck™ is made from compressed fibre cement boards secured with a fast-track fixing system, which conceals the screws and makes installation fast and cost-effective.
Custom Paint Colour.
Clear Seal Cement Look.
HardieDeck.com.au
Call 13 83 53 for information and advice ©2016 James Hardie Australia Pty Ltd ABN 12 084 635 558. ™ and ® denote a trademark owned by James Hardie Technology Limited. * When installed and maintained correctly as set out in the Design Guide.
Stain For A Timber Look.
Fast To Build.
CPD Seminar Review
V O L 2 2 E D I T I O N 2 M A R C H 2017
7
by Tim Adams, FBDAV Session one in the BDAV CPD Seminar program for 2017 was held at a new location. The subterranean theatre at 1 Treasury Place affords good sight lines and quality sound reinforcement to enable all attendees the ability to easily soak in the information presented. A linkage of the event with the Sustainable Living Festival program was a first for BDAV, and one which reinforces the position of the Association as a leader in the arena of sustainable design solutions. The content of the night certainly did that, with a keynote presentation by Alan Pears followed by the three finalists of this year’s 10 Star Challenge outlining the virtues of their entries and capped off with the announcement of the winner. A reminder of where we have come from and where we should be heading by Alan is timely when competing forces are still arguing the toss over the level of stringency contained in regulations with regard to energy efficiency. Initiatives in the past have been politically agnostic. Good and bad decisions come from different directions. Sensible policy development was evidenced by the 1976 recommendations from the Hamer Government to introduce requirements for insulating elements of our residential buildings. The connection between understanding a vision and achieving implementation sometimes takes a while, but hopefully the circle does get joined eventually. In that case it occurred in 1991 when the insulation regulations were introduced. Alan confirmed his understanding that BDAV have been and remain one of the positive forces in the realm of sustainable design initiatives. The broad understanding that addressing some issues can create other problems if we are not alert to the changes we are delivering was evidenced. Highly sealed building envelopes can lead to condensation if thermal bridging through the building envelope is not considered. Heat recovery ventilation systems may assist in that regard, but introducing the need for maintenance programs to ensure fans and filters are kept in good working order. An illustration of cultural inertia was instructive and good to keep in the backs of our minds when considering local conditions. Apartment blocks, being a
relatively new building typology in Siberia, give us a lesson to take on board. Low solar angles in northern latitudes during summer can cause over heating on slab sided apartment buildings. Occupants fail, however, to open windows to effect cross ventilation because for the vast majority of the year it is perishingly cold outside. In our moderate climate, as we move towards better sealed buildings, potentially utilising heat recovery ventilation systems, we must not forget that for the vast majority of the year the most comfortable indoor conditions will be achieved if we just open the windows. Poor performance of our dwellings also impacts on the health system. While the numbers of serious health impacts and morbidity are far greater from mediocre quality accommodation in winter than summer, our hospital system is stressed to breaking point with people in health distress during severe heat wave conditions. Alan also reminded us to beware of appliance energy efficiency where even virtuous devices like ceiling fans are not all created equal. The decades of professional experience in energy efficiency and sustainability have clearly evolved into an unsurpassed body of knowledge of which the BDAV event attendees saw but a snippet. The three 10 Star Challenge finalists demonstrated how diverse houses can be while still reaching the theoretical position of not needing any heating or cooling, in three different climate zones being Adelaide, Werribee and Cape Patterson. Different sizes, different layouts with different accommodation flexibility potentials and different ways to zone thermal characteristics as well as usage patterns. The wealth of learning potential for the participants as well as those taking time to observe the results is immense. Two of the designs were conceived with the serious view of having them built. The third was a more conceptual exercise to work within the NatHERS framework and maximising an understanding of some of the technicalities as to how the calculation engine deals with the multiplicity of attributes conspiring to impact on building envelope thermal performance. The construction of The Sociable Weaver’s Positive Impact Home is well progressed with an anticipated completion date of May 2017. Once occupied by one
very lucky family, the performance will be monitored by Melbourne University. This will be enormously instructive as a feedback loop to understand how the NatHERS result compares with the lived experience. Energy efficiency was only one part of the brief. Clear objectives have been set for occupation of the land to be carbon positive as defined by an eTool lifecycle analysis. This has been easily achieved with a 5kW PV renewable generation system generating power way in excess of that used within the house. Feng Shui principles have been observed as having environmental sustainability of materials used in terms of supply logistics, end of use recycling and indoor air quality. Melbourne Design Studios have investigated a novel approach of using a steel framing system in their design with the inherent complication of thermal bridging issues. The accommodation solution was reasonably generous, incorporating a three-bed family module plus an additional zone with flexible potential for home office, Air, B&B rental or Granny flat. ‘Paradigm Shift’ by Sustainability House, costed at around $390k, clearly demonstrated that design smarts make a difference when it comes to achieving high performance and comfortable living. The catch cry of ‘too hard and too expensive’ has again been hit for six. The winner, this year, was Sustainability House with a commendation going to Melbourne Design Studios. Aside from the finalists it is the design industry and the community at large that are the beneficiaries of the hours of research that have gone into the designs of all the entrants in the BDAV 10 Star Challenge. Lessons learned and the knowledge gained filters through to all the work of building practitioners who are paying attention, enabling the delivery of healthy, comfortable, high performance living environments cost effectively.
Seminar DVD A DVD of this seminar is now available to order at the webshop at the BDAV’s website, at
www.bdav.org.au
Alan Pears
Sustainability in Design Seminar
Manage condensation risk with Bradford building science FREE O N LIN E
C O N D EN S ATIO N C ALC U LATO R
PROJECT SPECIFIC
TECHNICAL ADVICE AND
IN-HOUSE HYGROTHERMAL MODELLING.
AUSTRALIA’S MOST VERSATILE RANGE OF SUPERIOR VAPOUR PERMEABLE PRODUCTS
Ensure the best specification for your project. Consult the specialists in condensation control, CSR Bradford. Call 1800 354 044 or visit bradfordenviroseal.com.au
®
TM
NATIONAL ASTHMA COUNCIL AUSTRALIA ASTHMA+RESPIRATORY FOUNDATION NZ
10-Star Award Winner
9
V O L 2 2 E D I T I O N 2 M A R C H 2017
10-Star Sustainable Design Challenge 2017 An affordable 10-star sustainable home designed by Sustainability House for the Adelaide climate and costing less than $390,000 to build has won the prestigious BDAV 10-Star Sustainable Design Challenge for 2017.
Versatility is achieved through minimum 920mm wide doorways for wheelchair access and a flat framed roof structure engineered to support the loads on an additional level, providing adaptabilty for a growing family. The design demonstrates a considered approach to appropriate use of thermal mass and insulation, and strategic solar penetration. The Australian hardwood timber cladding complements the landscape and the streetscape, while the inside is light and bright with well positioned PVC framed high performance double glazing and light internal finishes. The home incorporates a 5kW PV array with battery storage removing any reliance on natural gas, and allows for 12,000 litres of rain water storage for reuse. The estimated build cost of under $390,000 demonstrates the affordability
Finalist: Positive Impact House
of sustainable living in a market that is dominated by continued property cost increases, achieving the designer’s Paradigm Shift.
show house will inspire a wider market to realise that sustainability is not just for ‘tree huggers’ but, with the right design, it can mean practical and efficient everyday living that benefits everyone.
Commendation: The Courtyard House
This affordable home has generous proportions, integrates indoor and outdoor living and promotes a healthy living environment through IEQ choices.
Winner: Paradigm Shift
Paradigm Shift is ‘a fundamental change in approach or underlying assumptions’. Sustainability House have envisioned a home which is more than just a 10 star home, encompassing all that makes a home sustainable, resulting in minimal operational costs.
“Our work for the ‘Paradigm Shift’ has shown that the inclusion of sustainable design at the concept stage can allow any new home or building to achieve this outcome,” said Jim Woolcock from Sustainability House. A commendation was also awarded for The Courtyard House (by Maclaren), an initiative of MAClaren Homes in collaboration with Melbourne Design Studios, which was inspired by a realworld client brief for a four-bedroom home to be constructed in a Melbourne suburb. The Courtyard House is a beautiful benchmark for localised sustainable living that suits the Australian way of life. Under construction in 2017, the 10star MAClaren
The judging panel said ‘The Courtyard House’ was a beautiful benchmark of localised sustainable living that suits the Australian way of life. The house was an inspiring reminder that with the right design, any home can deliver practical and efficient everyday living. The third Finalist was ‘Positive Impact House’ a collaboration between F2 Design and several entities/individuals, including ‘The Sociable Weaver’. The 10-Star Sustainable Design Challenge offers Victoria’s building design community the opportunity to conceptualise and design 10-Star energy efficient homes, which combine admirable design with efficient planning solutions and use of materials. The 2017 Challenge was to prepare a residential design across any climate zone in Australia, as either a single or multiresidential dwelling, that achieves a 10 Star NatHERS energy rating. For a list of past 10-Star Sustainable Design Challenge winners, visit the BDAV’s website, at www.bdav.org.au.
10
BDAV NEWS
AUSTRALIAN MADE. WE’VE GOT YOUR BACK. • • •
Australia’s No. 1 thermo reflective insulation brand Reflects up to 97% of radiant heat Industry-leading service and support
www.kingspaninsulation.com.au
Help Desk Hot Topic
V O L 2 2 E D I T I O N 2 M A R C H 2017
11
Five Year Registration Renewal for Existing Practitioners by John Verdon, BDAV Membership Officer As all practitioners should now be aware, either via BDAV and/or VBA communications, five year registration renewal is on its way.
What does it look like? You will have to complete an application form; Declare that you haven’t committed any offences or breaches of the Building Regulations; Authorise the completion of a National Police Check; Provide proof of insurance; Provide payment; Provide updated photo identification. All of the above must be submitted three months in advance of your renewal date. As part of assessing an application, the VBA will be assessing whether you are a ‘fit and proper person’. What does this mean?
The VBA will assess: Any disciplinary or legal action taken against the applicant by the VBA, the Building Practitioners Board, other regulatory body or person; Whether the applicant has provided any false and misleading information in support of an application for registration;
Any requests or information received from the Director of Consumer Affairs Victoria; for example, a request to examine whether building work performed is defective; Any notifications received from the applicant’s insurer that the applicant has previously been refused insurance as a building practitioner; Any unsatisfactory reference check; Any physical or mental infirmity that may affect the applicant’s ability to practise as a building practitioner; Any adverse matter disclosed by the applicant, for example, having been convicted or found guilty of an offence involving fraud or dishonesty; A failure to disclose an adverse matter described above that later becomes known to the VBA. If the VBA find that you do not meet any or all the above conditions, the VBA will seek further clarification from the practitioner as to their involvement in the issue. If you are denied renewal, an avenue of appeal will be available.
The VBA published a new Practice Note last month to inform and clarify for building surveyors, builders and owners about the formal and procedural matters regarding a direction to fix building work. The practice note can be found at the VBA’s website, at www.vba.vic.gov.au. Master Builders received feedback that building surveyors were confused about the difference between an oral and written direction to fix, and their obligations to act in respect of oral and written directions. This is why the following has been has been detailed in the Practice Note: An oral Direction to Fix (DTF) is provided when non-compliance is evident after completion of an
Which is a nice opportunity to remind Members of the BDAV 2017 CPD Calendar, which is available from www. bdav.org.au/BDAVEvents and also don’t forgot to upload non-BDAV events, via your CPD Manager at the BDAV website. For more information, refer the following VBA fact sheets:
Five year registration period http://www.vba.vic.gov.au/__data/ assets/pdf_file/0004/45940/Fact-Sheet-5year-Registration.pdf
‘Fit and proper person’ registration requirement http://www.vba.vic.gov.au/__data/ assets/pdf_file/0011/45947/Fact-SheetFit-and-Proper-Person.pdf
Continuing professional development http://www.vba.vic.gov.au/__data/ assets/pdf_file/0010/45946/Fact-SheetContinuing-professional-development.pdf
The VBA is also consider a mandatory Continuing Professional Development (CPD) which is allowed for in the legislation. The BDAV as well as other industry stakeholders are already in consultation with the VBA about the CPD
Directions to Fix Building Work Following the Building Legislation Amendment Act (2016), as of 4 July 2016 Building Surveyors can issue directions to fix building work.
requirements, and we will keep members informed as to the progress of this once details become known.
inspection and compliance can be achieved within seven days; and there are no factors indicating an oral DTF is inappropriate (e.g. the extent of delays already incurred in achieving compliance, a strong likelihood that the oral DTF will be ignored, the complexity or volume of work required) A written direction is provided when an oral direction has expired and compliance has not been achieved; or non-compliance is evident after completion of an inspection and there are factors indicating an oral DTF will not be sufficient to achieve compliance (e.g. the work cannot be completed within seven days or there is a strong likelihood that an oral DTF will be ignored) For more information, please see the Practice Note 70-2016: Directions to Fix Building Work at www.vba.vic.gov.au.
L S Planning Pty Ltd offers experience and expertise across a broad range of planning issues, such as: Planning permit application preparation and management Planning reports Representation at VCAT Expert witness advice and representation Planning Scheme amendments Strategic planning Residential development concept preparation Town Planning is a complex field which is constantly evolving and requires a level of expertise to achieve a successful outcome. Please call to find out how the team at L S Planning can assist you, with your next project. Phone (03) 9399 1236 Email lstupak@lsplanning.com.au www.lsplanning.com.au
12
Planning Tidbits
BDAV NEWS
Calculating Council’s 60 Day Statutory Timeframe Introduction One of the most common complaints from planning permit applicants is the length of time taken by Councils to determine planning applications. Councils have a statutory requirement to decide upon planning permit applications within 60 days. In reality, the time taken to determine a planning permit application is often far greater, with a current statewide average for buildings and works applications close to 210 days. Most municipalities report that less than 60% of their applications are being processed in the requisite timeframe, even though these statistics are skewed in Councils’ favour by the large number of very simple signage, fencing, vegetation removal, amendment and other applications which are capable of being processed very quickly.
It is beyond the scope of a single article to discuss all possible events that could affect the 60 day calculation. As always, we recommend you seek professional advice to match your specific circumstances.
The Rules for Calculating the 60 Day Timeframe
Milestone 1: Lodgement of Permit Application
There are two important documents that combine to form the general rulebook of planning: the Planning and Environment Act 1987 (the Act) and the Planning and Environment Regulations 2005 (the Regulations). Together these two documents set down the powers and obligations of parties and authorities involved in the planning process and, importantly for this article, the statutory timeframes associated with determining planning permit applications.
For our purposes, the important date is the date that the application is received by Council. This triggers the statutory clock to start ticking from this date. Council has 60 statutory days from this date to determine your application.
As a planning permit applicant, you have the right under Section 79 of the Planning and Environment Act (the Act) to lodge an appeal with VCAT if Council fails to determine your application within the statutory timeframe. Used appropriately, a VCAT appeal under Section 79 can expedite the planning process and circumnavigate many of the issues that commonly delay Council decisions.
For the purposes of this article, we will use a hypothetical statutory clock to illustrate how the 60 day timeframe is calculated. The provisions of the Act and the Regulations set down a number of triggers that can start, stop and reset the statutory clock. Understanding these triggers is the key to understanding the 60 day calculation.
However, calculating the 60 day timeframe is not as simple as it might seem and recent changes to legislation and the VVPs should be of interest to applicants. This article provides up to date guidance for calculating Councils’ 60 day timeframe, dispels common misconceptions relating to that calculation and provides useful insight into the rights and obligations of applicants and Council, alike.
Milestones that Stop, Start and Reset the Clock
Seek Professional Advice
Information contained in this article should be considered as a reference only and is not a substitute for professional advice. Information contained in this article may quickly become outdated. No liability will be accepted for any loss incurred as a result of relying on the information contained in this article. Seek professional advice relating to your specific circumstances. Copyright : Clause1 Pty Ltd Reproduced with permission of the author
Ashley Thompson, Clause:1
Little bits that can make a big difference to your town planning outcomes
For the purposes of calculating the 60 day timeframe, the following milestones will start, stop or reset the statutory clock: 1) Lodging your permit application with Council; 2) Council requesting further information; 3) Provision of further information; 4) Council directing that public notification/ advertising be given; 5) The giving of the last required notice/ advertisement; 6) Formally amending the application; 7) Lodging an Application for Review with VCAT or Council’s decision. The following summarises each of the important milestones and the influence each will have on the operation of the 60 day statutory clock through the application process:
Misconceptions and important considerations The time requirement is not a straight 60 days from this date. Numerous other triggers can start, stop and reset the clock throughout the process. Many permit applicants believe that the date the application is submitted is the date the application was posted, or the date of Council’s acknowledgement letter. This is not the case. The application is considered lodged when Council can confirm it is in receipt of the application i.e. the date Council receives the application. In {ML Design v Boroondara(2005) VCAT 2088} Helen Gibson (Deputy President of VCAT) concluded that it is the application form itself that constitutes the application and that even if other information is not submitted with the application form, this does not mean that the application was not received. Such information can be requested via a further information request, at a later date. Recently a number of Councils have changed their protocols and simply do not receipt applications that they deem to be incomplete. This could include an application that is not accompanied by a certificate of title, a CD copy of the plans, an arborists report or other material. While Council can reasonably require some (or all) of this information to determine an application, Council’s refusal to receipt the application until it is supplied is, in our opinion, inappropriate and unlawful. The ability for Councils to request further Information is mandated under
Planning Tidbits
V O L 2 2 E D I T I O N 2 M A R C H 2017
Section 54 of the Act. The Act sets out what can be requested, the timeframe obligations of Council and the applicant’s right of appeal to the Tribunal if unwarranted RFI material is sought by Council. Section 54 is the mechanism via which Councils should seek additional information, that is reasonably required, to assess applications.
On the odd occasion, correspondence from Council has been known to arrive 3-10 days later than the date printed on the correspondence. In such circumstances, we recommend applicants notify Council of the discrepancy and retain the accompanying envelope, which will include a date stamp from Australia Post for your records.
Section 79 the Act provides the applicant a right of appeal to VCAT if Council takes longer than the statutory timeframe to determine the application. Applicants should be aware that the date the application is lodged and the date of Council’s further information request letter (discussed following) are the two dates that potentially have the greatest effect on the 60 day calculation. We recommend the use of electronic lodgement or registered post to ensure you can accurately confirm when your application was received by Council.
Sometimes a second request from Council will be received asking for even more information. These additional requests generally fall into two categories: I. Follow Up: If the information requested in the first letter was not adequately supplied, Council may ask for clarification and/or reiterate their original request for the information.
Milestone 2: Further Information Requested The critical date for this trigger is the date that the letter from Council requesting further information is dispatched. The further information request from Council may or may not trigger the statutory clock to stop ticking depending on the date the request is made. 1) If further information is requested within 28 days of the application being lodged, then the statutory clock resets to zero and does not restart until all requested information has been supplied to Council. 2) If further information is requested after 28 days from the initial lodgement date then the statutory time clock continues to tick (and is not reset).
Misconceptions and important considerations The critical date here is the date that the request for further information is dispatched by Council – not the date that letter is received by the applicant.
These tid-bits are part of the regular contribution made by Clause:1 Planning to BDAV News. For more information, contact Ashley Thompson on (03) 9370 9599 or visit www.clause1.com.au
In such instances the statutory clock will continue to tick until such time the information is supplied.
Alternatively, in the instances where the information is ultimately determined to not be required, the clock restarts from the date that the earlier information was supplied to Council.
II. New Request: If Council requests new information in the second request and the request is received outside the 28 day timeframe, which it most likely will be, then the statutory clock does not stop as a result of this second request and will generally continue to run.
Milestone 3: Further Information Provided The critical date here is the day satisfactory information is received by Council in response to the further information request. If the request for further information was issued by Council inside the 28 days (discussed above) the statutory clock recommences ticking on the date all the required information is received.
Misconceptions and important considerations The relevant date here is the date the information is received by Council, not the date it was sent.
Invitation
Clause 1 Planning is a proud supporter of a little known charity that is dedicated to finding a cure to ‘the worst disease you have never heard of’... Epidermolysis Bullosa (EB) is a rare genetic disease that results in painful blistering and peeling of the skin at the slightest touch. Living with EB means living a life of pain. The Cotton Ball is the premier fund raising event for this cause and we would love to have your support. For more info about the CottonBall, EB & ticketing please visit: www.thecottonball.com.au or contact Clause 1 Planning
We recommend contacting Council a few days after the response to the RFI is submitted to verify that the information supplied has been received, reviewed and is considered satisfactory. As mentioned in the previous section, the statutory clock will not recommence ticking if the information provided is not Continued page 15.....
www.clause1.com.au
13
14
BDAV NEWS
JAPAN2017 BDAV Study Tour 13–23 June 2017
Join in this educational architectural Study Tour to Japan in 2017 Fabulous touring program organised! Visit traditional and modern Japanese architecture!
Experience the excitement of dynamic modern Tokyo and traditional Kyoto! Gain an understanding of Japan’s culture and history!
Participate in some great tours and activities! 12 CPD Points!
Great networking opportunity with your peers! For full information, or to book:
http://bdav2017.impactevents.com.au/
Queries: 1300 136 960 – or email info@impactevents.com.au
Planning Tidbits
V O L 2 2 E D I T I O N 2 M A R C H 2017
Calculating Council’s 60 Day Statutory Timeframe deemed sufficient or satisfactory by the Responsible Authority. In such instances Council will generally renotify you in writing of the information that is considered to be outstanding. It is not uncommon for Councils to request information that applicants consider irrelevant or unnecessary. The information required as part of your planning permit application is generally documented in the relevant provisions of the planning scheme. These provisions are designed to ensure Council has sufficient information upon which to decide your application. Applicants should be aware that it is possible to challenge the validity of Council’s further information request at VCAT if you believe the request to be unreasonable. Applicants should also be aware that applications can lapse if information is not provided to Council in accordance with any lapse date established under Section 54 of the Act. A lapsed application cannot be restarted and a new application will be required to be lodged.
Milestone 4: Notice of Application Required The date of Notice of Application Required is the date that Council directs that public notification be given by post to affected parties, printed advertisements and/or the erection of a sign on site. The statutory clock stops on this date.
Misconceptions and important considerations Once again, it is critical to note that the relevant date here is the date on which Council’s request is dispatched – not the date that correspondence is received.
Milestone 5: Last Notice of Application Given The critical date for this trigger is the date the last letter was posted, the sign was erected on site or the last notice was published in the newspaper, whichever date is the latter. The statutory clock restarts on the date the last notice is given. For example, if notification takes place by way of letters to neighbours (generated and distributed by Council) and the erection of a sign on the site (carried out by the applicant), the date that the latter of these two activities occurs becomes the date of ‘Last Notice of Application Given’.
Misconceptions and important considerations A common misconception is that the clock cannot restart until after the sign has been placed on the subject site for 14 days. If the sign is erected on site after the letters and advertisement (if required) have been posted/published, it is the date the sign is erected that is the trigger to restart the clock. In Groves v Moonee Valley (2005), former VCAT President, Justice Morris, dispelled the misconception that the clock does not restart until 14 days after the sign has been erected. Thus, for the purposes of determining Council’s 60 day timeframe, the 14 days the sign is erected on the subject site can be included in the statutory calculation. In order to verify that the applicant has carried out notification in accordance with Councils’ instructions, many Councils will require that a Statutory Declaration be completed by the applicant or their agent. It is a common misconception that the statutory declaration acts as a clock trigger. Statutory declaration is not a trigger and bears no influence on the 60 day calculation. That said, it is generally considered that the statutory declaration is a necessary step in the process. It ensures Council is aware that the applicant has completed their obligation to notify affected parties. In practice, Councils often do not re-commence work on applications until the statutory declaration is returned. It is our recommendation that applicants promptly return statutory declarations to minimise delays in the processing of their applications.
Milestone 6: Formally Amending an Application It is important to note that formally requesting (or approving) an amendment to a planning permit application will reset the statutory clock to zero days, regardless of when in the process the amendment is made. This means, an amendment to the planning permit application form, changes to the permit triggers or permit preamble, and in most instances, changes to the drawings, will reset the clock. For example, if an application that was originally lodged for 10 apartments and a reduction in car parking was amended, after lodgement, into an application for
15
(Continued frpm page 13)
9 apartments, the statutory clock would normally be reset to zero days at the time of the amendment.
Misconceptions and important considerations Sections 50, 50A and 57A of the Act specify the requirements relating to amendments to an application: At request of applicant before notice; By responsible authority before;notice; After notice of application is given; Under these provisions a formal amendment to an application will reset the statutory clock to zero days. However, not all changes to an application will constitute a ‘formal’ amendment that reset the statutory clock to day zero. Applicants should carefully consider the impact of formally amending an application and spend as much effort as possible to ensure the application is lodged correctly the first time. ....Continued on page 17
Building Designers Insurance Exclusive to BDAV Members
16
BDAV NEWS
Professional Indemnity and Public Liability designed specifically for your business As a building industry professional, you need to ensure that your activities and advice are covered by an insurance policy that is recognised by the Building Practitioners Board or a relevant government registered body. As BDAV’s preferred Insurance Broker, we deliver tailored insurance packages and personalised advice specifically for BDAV members. Your policy provides you with your own policy limits and is not shared with other members.
• • • • • • •
BDAV Approved Insurance Broker Public Liability automatically included Automatic legal expenses protection cover Easy Online application Other exclusive member policies available 60+ years combined Insurance knowledge We work for YOU
I N S U R A N C E
S E R V I C E S
To arrange a quote, simply contact us:
1300 668 553
www.webberinsurance.com.au/bdav
Webber InsuranceWebber Services Pty LtdServices | ABN: 036 88 929 | CAR No:|413233. Authorised Representative of Westcourt Brokers ABN: 401488465 772 | AFSL: 238447 Insurance Pty88Ltd648 | ABN: 648 036 929 CAR No: As 413233. As Authorised Representative of CapellaGeneral InsuranceInsurance Group | ABN 70 612 339 81 894009 | AFSL
Planning Tidbits
V O L 2 2 E D I T I O N 2 M A R C H 2017
Calculating Council’s 60 Day Statutory Timeframe Milestone 7: VCAT Application or Council Decision The clock stops for the last time on the day either of the following occurs: i. Council determines the application, or; ii. VCAT receives an Application for Review under Section 79 of the Act.
Misconceptions and important considerations The relevant date here is the date that the application is received by VCAT not the day it is sent. Any application to VCAT must be received before Council makes their decision. For an appeal to be lodged with VCAT under Section 79 of the Act, the statutory timeframe must have elapsed between the date the original Planning Permit Application was lodged with Council and the date the Application for Review was received by VCAT.
A Note Regarding VicSmart Applications Readers will be aware that VicSmart permit applications substantially reduce the usual 60-day statutory timeframe (in which Council is required to determine applications) to just 10 statutory days, for certain classes of simple applications. The processing of VicSmart applications and method of calculating
the elapsed days is the same as explained throughout this article, with the following exceptions: 1. The 28 day time-frame in which Council must seek further information in order to reset the clock as part of the 60 days calculation is reduced to 5 days (to seek further information) under a VicSmart application and; 2. No advertising is required under a VicSmart application. Therefore no time can elapse between Council ‘requiring the giving of notice’ and ‘the last notice being given’.
VCAT Appeals against Council’s Failure to Determine the Application within the Statutory Time-fame If Council takes longer than the statutory timeframe to determine a planning permit application (60 days or 10 days depending on the application type), applicants can appeal to VCAT pursuant to Section 79 of the Act. However, applicants should be aware that VCAT hearings can take 6 months, or more, to be listed. It is often quicker to continue to work with Council in order to garnish an appropriate outcome. Applicants contemplating appeals under Section 79 of the Act should also be aware that Section 115CA of the VCAT Act obligates Council to reimburse the applicant the whole of any fees paid by the applicant in the proceeding, unless
Solar Feed-In Tariffs Double In Victoria Victorian solar households will finally receive fair compensation for the power they provide to the grid thanks to groundbreaking changes recently announced. Solar households are set to receive a minimum feed-in tariff rate of 11.3 cents per kilowatt hour compared to the current five cents for selling excess electricity back into the grid. Around 130,000 solar households will benefit from the changes. Solar customers on the current minimum feed-in tariff rate will move onto the new tariff rate as set by Victoria’s independent regulator the Essential Services Commission (ESC), from 1 July 2017. This new tariff follows recent changes by the Victorian Government to the
current feed-in tariff legislation, to better reflect the true energy value of the electricity supplied to the grid. The revised minimum feed-in tariff rate flows from the Victorian Government’s support for the major findings of the Essential Services Commission’s Final Report into the Energy Value of Distribution Generation, which was tabled in Parliament in September last year. Included in the new tariff is a payment for the environmental and social value of energy provided to the grid. “With this new feed-in tariff, the Victorian Government is ensuring that households with solar panels are more fairly compensated for the power they send back into the grid,” said Lily D’Ambrosio, Victoria’s Minister for Energy, Environment and Climate Change.
(Continued from page 15)
Council can convince the Tribunal it would be unreasonable to do so.
Conclusion The Act and Regulations discussed above encourage faster decisions to be made by Councils. It is important to note that as cases are tested by VCAT, the interpretation for the 60 day calculation may continue to change. Permit applicants should be aware of their rights under: Section 79 of the Planning and Environment Act to appeal against Council’s failure to determine an application within the prescribed time and; Section 78(b) of the Act to challenge a request for more information. Understanding how, when and what triggers start, stop and reset the statutory clock can provide permit applicants with important leverage to expedite decisions.
17
BDAV Golf Day 2017 Friday, 24 March 2017 18
BDAV NEWS
Book Now!
MIX BUSINESS WITH PLEASURE WHILE NETWORKING W I T H V I C TO R I A’ S L E A D I N G B U I L D I N G D E S I G N E R S AT T H E P R E S T I G I O U S R I V E R S D A L E G O L F C L U B B O O K I N G S : W W W. B D AV. O R G . A U
S P O N S O R S C U R R E N T LY C O N F I R M E D :
Marketing Tips
V O L 2 2 E D I T I O N 2 M A R C H 2017
19
The Instagram Rabbit Hole – should you go down it? Instagram has more than 300 million active daily users (says Instagram). People of all ages and walks of life are opening accounts, many of them abandoning Facebook (which Facebook doesn’t mind because it now owns both platforms). Many building designers and architects are using the medium now too, and I have heard of a number so far who have even secured new projects. But for most people this isn’t happening, so how useful is the platform to finding new business? First up, look at the demographics of people using Instagram to make sure that’s your business audience. In mid 2016 in the US, Hootsuite reported Instagram users cover roughly all income ranges, and over half its users were 18-to 29-year olds, just over a quarter were 30 to 49 years-old, and less than 15 per cent over 50. The gender split is roughly even. Like all social medium platforms, with Instagram you need to build a following. The bigger the following, the more people learn about your business. But Instagram is different from Twitter; for example, where a witty post retweeted can place your message in front of hundreds or thousands of prospective followers. With Instagram, you grow your following through hard work alone. If someone happens on your profile or post, likes what they see, and decides to follow you, you’re on first base with Instagram, so follower growth is usually a slow and steady ascent with peaks and troughs along the way. But if you want to try to speed up your follower numbers there are several things you can do. You’ll need to start to post more regularly: over four times a day, seven days a week. You’ll need to vary that content, too, to try to reach different types of people searching for and engaging with different subject matter – and so that when people look at your account they don’t see ‘spam’ content. Perhaps that’s why posts of sunsets,
“Verity’s newsletter is spot on for small business owners. She speaks our language, understands our needs – and our modest budgets – and consistently shows up with actionable content to help grow our businesses.” Peter Jackson Design
food, holidays, and shoes (with teens I’m learning first hand) are so popular on Instagram. You’ll need to become familiar with #hashtags and aim to use at least 20 with each post, adding them in a post afterwards or another fashion so that you don’t look ‘desperate’. Oh, and of course, you’re supposed to be followed by more people than you follow – again so that you don’t look ‘desperate’. (You can see I find these social media rules a little tiresome…) And if you see a new Instagram account with 12 posts and 12K followers, that’s because they’ve probably employed one of the many services you can purchase to rent a crowd on your account. There are services where you can buy followers (up to 2000 per day, for example) or hire out automated ‘bots’ to whisk around the platform and automate your liking, commenting and following on posts with hashtags you’ve specified. These services usually allow you to automate benign comments so that you can be ‘engaging’ even while you’re asleep. If you already have an Instagram account, you’ve probably noticed these “Great!”, “#nicepic”, “Nice pic!”, “Cool” etc comments, making a genuine comment a welcome treat. So, in a nutshell, Instagram has a lot of genuine Instagrammers who might be your next customers and it also has a lot of people clogging up the airways. The more people clogging up the airways, the less likely it is that you’ll reach that first group. And as more designers clamber to get onto the platform and post like mad to grow their followers, the plethora of #architecture and dappled façades grows, and it becomes hard to not only distinguish who posted what but everything starts to look the same. And when this happens, everyone gets bored and moves on to the next shiny bright platform. This hasn’t happened with Instagram yet, but let’s see. Don’t get me wrong, I think Instagram is great – particularly for people like you with creative visual businesses, but I guess I’m just cautioning that the people who are finding great success on Instagram have: a) been going at it a long time; b) dedicate a lot of time and energy to crafting original, creative posts (and this is essential); c) love Instagram (and it shows); and d) know that their audience is there and set out to find them.
Verity Campbell
by Verity Campbell
If that’s not you right now and you still want to engage with Instagram, then the next best thing, I believe, is to just get in and give it a go, and see how you like it. Because if you like it, if you get enjoyment, or creativity, or inspiration out of it for yourself and your designs, perhaps, then that’s wonderful and rewarding in itself – and anything else is a bonus. Verity
20
BDAV NEWS
Stria™ Stone Texture
Stria™ Stone Texture is the latest addition to the Stria™ family, offering builders and designers a textured pre-primed cladding solution inspired by the beauty of traditional stone. Random vertical grooves are incorporated into the unique design of Stria™ Stone Texture cladding to mimic the aesthetic of natural stone.
V O L 2 2 E D I T I O N 2 M A R C H 2017
Aluminium External Box Corner; Wingless
15mm wingless box corner. 5 per pack. Part No. 305885.
Stria™ 14mm Aluminium Internal Corner (3,000mm long)
A ready-to-paint aluminium extrusion to be used with Stria™ Stone Texture cladding to create internal corners.5 per pack. Part No. 305518
James Hardie™ 75x75mm COLORBOND® Corner Flashing (3,000mm long)
A COLORBOND® corner flashing foruse behind cladding at internal and external corners. 5 per pack. Part No. 305564
For a comprehensive list of accessories associated with Scyon™ Stria™ Stone Texture cladding, Ask James
External Box Corner
External Mitre Corner
Internal Aluminium Corner
Scyon™ Axent™ Trim Corner
Length (mm)
Width (mm)
Thickness (mm)
Effective Cover (mm)
Vertical Groove Spacings (mm)
No. of boards / metre height
Mass kg / In m2
Mass kg / m2
4200
325
14
300
random
3.3
5.8
18.93kg /m
Internal Mitre Corner
Pallet Weight kg
Part No.
1595kg
404882
Note: all dimensions and masses provided are approximate only and subject to manufacturing tolerances. Masses are based on equilibrium moisture content of product.
Copyright© 2017 James Hardie Australia Pty Ltd ABN 12 084 635 558
21
BDAV Awards 2017 Entries Now Open 22
BDAV NEWS
SHOWCASE YOUR SKILLS AND BE RECOGNISED FOR EXCELLENCE AS A BUILDING DESIGNER
D E TA I L S A V A I L A B L E AT W W W . B D A V . O R G . A U I N M E M B E R PA G E S ( C O M P E T I T I O N O P E N T O , A N D D E TA I L S A C C E S S I B L E O N LY B Y, F U L L M E M B E R S O F B D A V (INCLUDES LIFE MEMBERS AND FELLOWS)
Closing date: Friday, 7 April 2017
Insurance Advice
V O L 2 2 E D I T I O N 2 M A R C H 2017
23
What happens when a Professional Indemnity Claim is made? When you receive THAT phone call, email or letter, your heart sinks. As a professional, there is nothing worse than the reality or perceived reality that you’ve made a mistake. What happens next? Do you jump on a device and write a letter responding to the issue? Do you give your client a call and discuss it further? Do you just accept it and pay up? Whilst these may be your natural instincts….
STOP! Professional negligence claims are traditionally complex. It is rare that a matter is simple enough that it can be resolved between a designer and their client. Even if it is straight-forward, have both parties considered a release? How do you ensure no further action is taken? Imagine settling a payout with your client only to receive another statement of claim the next day….and the next…. Professional Indemnity policies are designed to protect a business for errors made when providing advice and services to their clients. They are often referred to as Civil Liability policies. Not only will the policy cover the costs of the damages, but it will also cover the legal defence costs associated with investigating and defending
What does ‘Claims Made’ mean? Most Professional Indemnity policies are offered on a ‘claims made and notified’ basis. This means that the claim will go against the policy in place when it is first notified. This is why it’s important to notify claims as soon as you FIRST BECOME AWARE. If the policy is not active, you cannot lodge a claim. This is different to a ‘claims occurring’ policy whereby the claim goes against the policy that was in place at the date of the incident. As an example: A three year sample Professional Indemnity policy as follows: Chris Webber is the Managing Director of Webber Insurance Services with diplomas of both Insurance Broking and Risk Management. Webber Insurance Services is the approved Insurance Broker of the BDAV. For any enquiries, please call 1300 668 553 or email bdav@webberinsurance.com.au
Policy period 1 – 1 April 2014 to 1 April 2015 Policy period 2 – 1 April 2015 to 1 April 2016 Policy period 3 – 1 April 2016 to 1 April 2017 Faulty design work occurred in October 2014 (Policy period 1) and the client complained in November 2015 (Policy period 2). Under a ‘claims made’ policy, the notification to the insurer would need to happen in Policy period 2. If you fail to lodge this incident to the insurer until Policy period 3, the insurer is within their rights to decline the claim. It is imperative that claims or incidents be notified to the insurer as soon as possible and within the policy period you are notified.
What is a Circumstance? A circumstance is a set of facts that an ordinary business would recognise and deem it reasonable that a claim could arise. Circumstances can be, but are not limited to: 1. Knowing incorrect advice has been given, including where a client does not know yet;
Chris Webber
by Chris Webber, Webber Insurance
Appoint an external solicitor; Draft a response; Provide feedback as to how to respond to the circumstance; If it is a circumstance where no action is required, i.e. no formal allegations have been made, this will be recorded as a notification only.
....Continued on page 25
2. A client believing incorrect advice has been given, even if the designer disagrees with them; 3. Other allegations made against you such as copyright infringement. It is important to note that it is still considered a ‘circumstance’ even if the designer believes they have given the correct advice. There are still costs associated with defending and ‘clearing your name’. The designer will have input with their legal representation appointed by the insurer and can put forward their opinions.
What Happens when a Circumstance is notified? It is important to notify your broker as soon as any circumstance arises. Your broker can then guide you through your options and work as your advocate with the insurer. It is important to note that your broker works for YOU and not the insurance company. The first step is to complete a notification form which is sent to the insurer. The claims officer from the insurance company may take any of the following actions: Request further documentation or information;
BUILDING THERMAL PERFORMANCE ASSESSORS We offer the following services: Residential • NatHERS energy efficiency ratings • Compliance reports for alterations & additions • BASIX BESS reports Commercial • Section J & JV3 reports Energy efficiency consultancy
(03) 8870 5000 ratings@floydenergy.com.au floydenergy.com.au
Industry leaders since 2001
24
BDAV NEWS
HELLO, WE ARE AWS AND WE’RE HERE TO HELP. WE SPECIALISE IN PROVIDING COMMERCIAL AND RESIDENTIAL WINDOW AND DOOR SOLUTIONS FOR YOUR BUILDING PROJECT. HOW CAN WE HELP YOU? At AWS, we have a dedicated team of window and door experts poised to solve your glazing specification challenges. We’re all about helping you maintain your design intent, developing custom window and door specifications to meet the unique objectives of your project. Give us a call, we are AWS and we’re here to help.
CALL: 1300 026 189 ACOUSTICS
PERFORMANC E TESTED
AS2047
TESTED + CERTIFIED
BAL40
TESTED + CERTIFIED
CYCLONE
TESTED + CERTIFIED
SAFE4KIDS
TESTED + CERTIFIED
SPECIFYAWS.COM.AU
Insurance Advice
V O L 2 2 E D I T I O N 2 M A R C H 2017
25
What happens when a Professional Indemnity Claim is made? ....Continued from page 23
Importantly, the claims officer will also advise that there is to be no further correspondence with the claimant without their approval. This will ensure that the designer does not prejudice the insurer’s position in relation to the defence of the claim.
Why is it important to notify a circumstance? There are several reasons why all circumstances should be notified to the insurer promptly: Insurers can assist You pay for your Professional Indemnity policy to have a team of experts on your side. Insurers and solicitors are experts in the mitigation and handling of claims. It is in the best interest of the insurer to have all matters handled swiftly and achieve the best possible result. Avoid policy coverage issues An unreasonable delay can result in an insurer suffering prejudice. Where a Designer fails to take the opportunity to resolve a matter without good reason, the insurer may reduce a payment or reject a claim. Having the insurer across the matter early allows them to control the issue and resolve it where possible. Other parties can be involved In most cases the Building Designer is not the only party involved in an incident. town planners, building surveyors and builders can all be brought into an action together. It is important to notify an incident to the insurer immediately so that your insurer can work with any other party that may be involved. As each party has the same requirement to notify their insurer, you don’t want to find yourself in a position of being brought in at the very end. Once again, this has the potential to prejudice your insurer
Hear the VBA talk about Documenting for Improved Compliance Join us at our new program of free Metropolitan Member meetings to hear the VBA and Geoff Hoare talk about Documenting for Improved Compliance. Northern Suburbs : 1 March 2017 Eastern Suburbs : 7 March 2017 Southern Suburbs : 9 March 2017 Western Suburbs : 16 March 2017 Details/bookings at
www.bdav.org.au
and their position. In most cases, liability will be apportioned to each party in the amount they have contributed to the loss.
Common Misconceptions It is better to subscribe to the thought process of being ‘safe rather than sorry’. Some of the common misconceptions that we hear include: I thought it would go away It is easy to make a notification to the insurer. If no claim ever arises then the insurers will close their file. However, if a claim evolves and a notification has not been made, you may be left without coverage under your policy – See What does ‘Claims Made’ mean? I thought it was under the excess A claim or circumstance may start out as being under the excess; however, costs can quickly escalate. A claim can be defended by an insurer without an excess having to be paid when there is a ‘cost exclusive excess’. A cost exclusive excess means that the excess is only payable on a claim settlement. There is no excess if the matter is legal defence costs only. Further to this, the insurer can also assist with the drafting of a claim settlement release for matters under the excess. This ensures that you will not incur further costs relating to the claim after an initial payment is made. Remember that a release will need to be signed. I didn’t do anything wrong or the claim was frivolous Unfortunately, there will be times in business where you do nothing wrong but are still questioned about it. The insurer’s role is to provide you support via legal expenses to fight the claim or circumstance. Further to this, sometimes these claims end up being settled so it is important to notify your insurer so that you don’t end up out of pocket yourself.
premium at renewal. The insurers take each matter on its merits and will only increase a premium where they deem it necessary. If there is an increase in premium, this is usually far less than the cost of a potential uninsured claim.
Summary It is important to communicate with your broker as soon as any potential situation occurs. More often than not, your broker will advise you to make a notification as soon as possible to protect your position. We have worked with many BDAV members to assist them with their notification requirements. The notification process for BDAV members is straightforward and a lot less stressful than worrying about it yourself.
XWB
CONSULTING
Most importantly, we’re here to help!
XWB
If you would like a quote or some general advice, please call Webber Insurance on 1300 668 553 or email bdav@webberinsurance.com.au. CONSULTING
Town Planning & Bushfire Consultants
Experience gets results
XWB
XWB Consulting is a small consultancy providing specialist services in town planning and bushfire assessments across Melbourne and regional Victoria. CONSULTING Services include:
Town Planning & Bushfire Consultants • Planning permit applications • Representation at VCAT • Bushfire assessments for building permits, planning permits and planning scheme amendmentsCONSULTING (rezonings).
XWB
For information or a quote, please contact Phil Walton at XWB Consulting.
XWB
CONSULTING
Town Planning & Bushfire Consultants
The harsh reality is that the insurers are running a business to be profitable as well. If they have the option of a $5,000 settlement or $100,000 legal costs, they will take the settlement. I didn’t want it to increase my premium at renewal Notifying an insurer of a claim or circumstance does not automatically mean that you will be receiving a higher
Phone 0408 517 143 Email mail@xwbconsulting.com.au www.xwbconsulting.com.au
26
BDAV NEWS
V O L 2 2 E D I T I O N 2 M A R C H 2017
Todd’s Apps
27
Todd’s Top Apps HUD+”
dash cam feature.
I will make the assumption that almost all of you drive from time to time. I will also make the assumption that not only are not all cars equal, but that not all GPS are equal either. If you like a little bit of information about the time, speed, direction/heading, current speed, maximum speed, average speed. Plus a handy warning if you’re near to any speed cameras (just in case you’re concentration has lapsed briefly). Asmart Hud+ provides you with all this information in a very clear at-a-glance format. You can even place your phone on the dashboard and select HUD mode, in which case it will reverse itself so you can read the information right on your windscreen in front of you. Nice little helper whilst on the road. It even has a map function that sits under the information just to see what your options are. Plays music and also a handy little
Duet Duet is an app that gets loaded on to your device. Combined with a client app on your PC – allows you to
extend your desktop onto that device. Compatible with tablets and phones – the very clever thing about this is that as it uses the charge cable to communicate between the devices, the speed is essentially real-time. Clever functions allowing you to mirror or extend the display but possibly the real showcase feature is that you can pinch, zoom and use the touchscreen capability of the tablet/phone to work on the extended desk top.
Amaziograph One of the coolest graphics type things I’ve seen for a while. Essentially a drawing app that will in real time perform any type of symmetrical interpretation of the lines you draw. Easy to understand the moment you see a short video but hard to explain. Simply select from myriad choices (pun intended) such as mirror, rotation, two mirror kaleidoscope. The effect is that, with simply scribing single lines, the app duplicates and mirrors in a variety of ways. Sort of addictive. Really worth a look; not sure I have any real world use for it; but really quite enjoyed trying it out. You may too. Todd Pearce
A monthly review of must have, worthy of looking or just plain interesting apps that are relevant to the design industry. Compiled by Todd Pearce, MBDAV.
If any other members use or know any new or interesting apps, please feel free to drop me a line to info@bdav.org.au and I’ll share them with other members.
SUSTAINABILITY SOLUTIONS
We Specialise in:
Get your ENERGY RATINGS done right, first time, every time where architects & building designers send theirs.
Part 3.12 compliance report
SDS assessment “Commercial”
Section J assessment
Sustainability reports
Steps assessment “Residential”
Energy Ratings
Here’s What Our Customers Say: “In our numerous dealings with Keystone Alliance, we have found that they provide a very prompt and reliable service and answer all queries in a professional manner ” Design Manager, Englehart Homes
Contact Fadi directly via email: fadi@keystonealliance.com.au
713 Plenty Road Reservoir Vic 3073 Tel: 9478 8991 Fax: 9478 8997 Email: enquiries@keystonealliance.com.au www.keystonealliance.com.au
Call us today on 9478 8991
28
Industry News
BDAV NEWS
Better Apartment Design Standards Seminars The Better Apartment Design Standards will come into effect late March 2017 in Victoria. The Department of Environment, Land, Water & Planning is offering some free seminars for building designers and architects to explain the requirements of the Standards. Additional training will be offered by BDAV for other professions once the detail of the Standards is known. The Victorian Government is committed to providing a framework for an education and training program that informs stakeholders of the requirements under the Apartment Design Standards, and a variety of training options are being provided for relevant stakeholders. In this first round for building designers and architects, the key presenters will be: Key facilitator and coordinator: John Glossop, Director, Glossop Town Planning Building Design: David Cooke, Director, DCA Design Architect: Harry Nicholas, Senior Associate, Hayball
Program Timetable Stakeholder
Presenters
Date
Time
Location
Building designers and Architects
John Glossop and David Cooke
Wednesday 15 March 2017 or Tuesday 28 March 2017
9.00am – 12.30pm
State Treasury Lower Plaza 1 Macarthur Street East Melbourne
Architects and Building Designers
John Glossop and Harry Nicholas
Wednesday 29 March 2017 or
9.00am – 12.30pm
Level 5, 121 Exhibition Street. Melbourne
Tuesday 4 April 2017
State Treasury Lower Plaza 1 Macarthur Street East Melbourne
Registration
CPD Points
To register for these free events, building designers and architects should email planning.implementation@delwp. vic.gov.au no later than 3 days prior to the event.
3 CPD Points will apply for these seminars. Members should upload details into your CPD Manager following the event, including proof of attendance, to enable us to verify your participation.
Please provide your name, contact details AND WHICH SESSION YOU WOULD LIKE TO ATTEND.
Queries
Note that Architects and Building Designers can attend either session.
NOTE: These sessions are not being coordinated by the BDAV. Please refer any queries to planning.implementation@ delwp.vic.gov.au.
BUSHFIRE ASSESSMENTS
Keystone Alliance Bushfire Consultancy was born out of the requirements for building design and construction in designated Bushfire Prone Areas as a result of the “Black Saturday” fires of 2009.
We Specialise in: Bushfire Attack Level Assessments (BAL) for building permit application Bushfire Management Statements (BMS) for planning applications within BMO or WMO overlays Single Dwellings / Extensions / Sub-divisions / Multi Units
Here’s What Our Customers Say: “It is great to be able to rely on an expert in such an important area. We have found Keystone Alliance Bushfire Assessments to be quick and reliable in the delivery of their service” Ann West - Abcad Design
Contact Paul directly via email: paul@keystonealliance.com.au
713 Plenty Road Reservoir Vic 3073 Tel: 9478 8991 Fax: 9478 8997 Email: enquiries@keystonealliance.com.au www.keystonealliance.com.au
Call us today on 9478 8991
Industry News
V O L 2 2 E D I T I O N 2 M A R C H 2017
29
Gutters and Downpipes The NCC has a number of requirements to ensure rainwater that is collected or concentrated by a building is disposed of in a way that prevents water entering a building or damaging other properties. Compliance can be achieved through various means, but one method in particular, which was revised for NCC 2016, is the Acceptable Construction Practice (ACP) in Part 3.5.2 of Volume Two.
So what’s in the ACP? This ACP, entitled ‘Gutters and Downpipes’, provides a prescriptive DTS Solution for Class 1 and 10 buildings for eaves gutter design, acceptable overflow measures, and downpipes appropriate to different gutter designs. It can be applied not only through Volume Two but also Volume Three, the PCA, through its reference in Part D1.
How are eaves gutters designed? Eaves gutters are designed based on two parameters: the roof catchment area size (M2;) and the rainfall intensity for
the location (20 year 5 minute duration (mm/h)). These parameters are used to determine the appropriate eaves gutter type for the roof, ranging from Type A to F. They are further defined by shape and cross-sectional area.
Downpipes Once an eaves gutter type has been chosen, selecting the downpipe is simple. The acceptable downpipe types are based on the chosen gutter type. Downpipe location is important as each downpipe can serve no more than 12m of gutter length. They should also be located as close as possible to valley gutters.
Overflow from eaves gutters Overflow measures are part of the design process of eaves gutters and downpipes. They are provided to allow rainfall to be removed from the roof based on a 5 minute duration rainfall intensity with an average recurrence interval of once in 100 years. The required overflow volumes are calculated in isolation to the gutters and downpipe design. This
ensures that no rainwater will enter the building in a 100 year rainfall event, even if the downpipes are blocked. For eaves gutters, this is achieved by two overflow measure options: continuous and dedicated. Continuous measures operate over the length of the gutter while dedicated measures account for overflow in a given location along the gutter. The two options can be used separately or together to meet the required overflow volume of a 100 year rainfall event. The requirement to provide overflow measures does not apply to eaves gutters fixed to a veranda or an eave greater than 450 mm wide (with no lining or raked with a lining sloping away from the building).
Want to know more? The Australian Building Codes Board is scoping additional guidance material to help practitioners understand and apply the eaves gutter and downpipes provisions. Keep an eye on their website at www.abcb.gov.au for further updates. Source: ABCB
LANDSCAPE PLANS
We Specialise in:
We are the multi-unit specialists – Fast, experienced and cost effective with a solid understanding of Victorian municipalities’ requirements.
Multi unit developments Commercial and industrial developments Apartment developments
Multi unit plans from $400 + gst Here’s What Our Customers Say: “We work with Keystone Alliance as he has a strong understanding of council’s requirements and responds promptly, enabling us to deliver our client’s projects quickly” Director, Archestral Designs Pty Ltd
Contact Nina directly via email: nina@keystonealliance.com.au
713 Plenty Road Reservoir Vic 3073 Tel: 9478 8991 Fax: 9478 8997 Email: enquiries@keystonealliance.com.au
Call us today on 9478 8991
30
BDAV NEWS
Need someone to conduct an energy rating for you? Use a BDAV Accredited Thermal Performance Assessor! Legislation in several Australian states requires that all domestic construction submitted for building permit approval must demonstrate compliance with energy efficiency requirements. One method for demonstrating this compliance is through the use of software accredited under the Nationwide House Energy Rating Scheme (NatHERS). In New South Wales, the BASIX thermal comfort protocol also applies. NatHERS is a star rating system (out of ten) that rates the energy efficiency of a home, based on its design. The BDAV is a government-appointed assessor accrediting organisation for thermal performance assessors and has many accredited assessors as BDAV Members. TPAs accredited through the BDAV are committed to a code of conduct that sets minimum professional standards and responsibilities. To find an assessor for your rating requirements, go to www.bdav.org.au
Building Designers Association of Victoria PO Box 174, Carlton South VIC 3053 P (03) 9416 0227 E info@bdav.org.au www.bdav.org.au
Japan Study Tour
Japan Study Tour June 2017 With only four months to go before our departure to Japan in June, we felt it was timely to provide you with an update.
Travel Direct to Tokyo You’ll be please to know that Qantas commenced direct non-stop services from Melbourne to Tokyo a few months ago, and we have transferred our group booking to this flight (no transit in Brisbane required). The outbound flight is QF79 departing Melbourne at the convenient time of 9.35am and arriving into Tokyo Narita at 7.00pm. Details will be reflected on your itinerary, and the return flight is also non-stop from Tokyo to Melbourne.
Upgraded Accommodation in Tokyo We had the opportunity to switch our accommodation from the Marriott to the Hilton Tokyo, an offer we couldn’t refuse as the hotel is of a superior standard and importantly enjoys an outstanding location in Shinjuku, without having to change the price of the tour. From a design perspective, their different themed restaurants on the second level flow seamlessly from one to the other. Apart from the fantastic range of food offerings, it is quite an architectural masterpiece. You can view the different eateries at http://www3.hilton. com/en/hotels/japan/hilton-tokyo-TYOHITW/dining/index.html.
Meet the locals in Nagoya In Nagoya, apart from visiting the stunning Nagoya Castle complex, we’ll also be visiting an upmarket private home designed by local architect Yukihiro Kataoka. You can view a sneak preview at http://www.arstudio.co.jp/works2/44_HXvilla/index.html. As with the Aussie dream of owning your own home, ever wondered what young Japanese couples aspire to? In Kyoto we were surprised to see exhibition homes on display by local building companies, much the same as we have display homes here. We’ll take you into a few of these for a look see into the Japanese dream!
Join us in Foodie Heaven We have some excellent culinary experiences awaiting. In Nagoya we’ll lunch at a Japanese/French fusion restaurant in historic Shikamichi and, in Kyoto, one of the restaurants we are going to for dinner is the Doi, a small and intimate restaurant in the back streets that the casual tourist would never find. For lovers of freshly prepared Japanese food, this will be foodie heaven.
Amazing Kitayama Maruta and Sugi One of the highlights in Kyoto will be our visit to the Kitayama Forest and the factory and display room of the magnificent Japanese Cedar. You’ll see how this magnificent and versatile timber is used for structural and decorative purposes, which is bound to inspire you. For a sneak preview check out their brochure, available at http://kyotokitayamamaruta.com/en/kitayamasugi.pdf.
These are just a few of the many highlights planned for your visit. We look forward to welcoming you aboard. If you have friends, colleagues who you think will benefit, send them to the BDAV Japan Study Tour website, at http://bdav2017.impactevents.com.au/
Queries For more information, contact Impact Events on 1300 136 960 or email info@impactevents.com.au
V O L 2 2 E D I T I O N 2 M A R C H 2017
31
32
BDAV NEWS
You’ve never experienced modern design like this. Clean. Discreet. Luxurious! It’s all about the detail! No gaps, clean finish... and quality! Every corner, every edge and every element of the MEZZO is all about perfection.
Featuring all the latest innovations you would expect from the leader in fireplace technology and design. Available in 4 models: • 1000mm single sided • 1300mm single sided • 1300 see-thru • 1600mm single sided
ELEVATE THE SENSES Flames, lights, reflections and warmth combine to stimulate the senses. Flames spread across an illuminated bed of crushed glass.... plus a black interior to add depth and intensity to the fire.
We dare you to take your eyes off it!
Jetmaster / Heat & Glo 444 Swan Street, Richmond Ph: 1300 219 875 Email: info@jetmastervic.com.au Web: www.jetmaster.com.au
V O L 2 2 E D I T I O N 2 M A R C H 2017
Award Winner
33
Dangerous Designs Competition Winner Box Hill student’s CLT multi-residential apartment design wins inaugural Dangerous Designs competition
This award caps off a successful six months for Paul who won the award for Drafting Excellence by a Student in the BDAV’s 2016 Building Design Awards. Launched in 2016, Dangerous Designs is an online competition created to promote the use of wood and wood products in sustainable design, and to encourage the commercialisation of appropriate designs. It is sponsored by WoodSolutions, an initiative of Australia’s forest and wood products industry and supported by a wide range of professional organisations, including the BDAV, the Australian Furniture Association, the Australian Institute of Architects and Planet Ark.
“I would like to congratulate Paul,” said Eileen Newbury, National Marketing and Communications Manager at FWPA, “and all the other contenders in the first round of Dangerous Designs. I would also like to thank our judges for giving their time to the difficult task of choosing between a wonderfully diverse range of high quality entries.” Entries for the second round of Dangerous Designs are now open. First round entries are available for viewing at dangerousdesigns.com.au.
Paul Morgan
Paul Morgan, a building design student at Melbourne’s Box Hill Institute, has taken out the first Dangerous Design prize of $500 cash – and is in for a chance to win the $10,000 Grand Prize or the social media voted People’s Sur(Prize)!
Originally intended to be purely a student competition, the response to the concept from across the design community was so positive that Dangerous Designs was restructured to include both student and open categories.
The winning entry, Laevo Cross Apartments (pictured) was a functional solution to a real-world problem – sustainable and lower cost housing. A building design student, when he entered Dangerous Designs, Paul is now employed by a leading architectural practice and looking forward to continuing study in architecture at Melbourne University. “It was a great opportunity to enter Dangerous Designs,” said Paul, “I am passionate about sustainable design and I think timber will be a large part of the solution for our built environment in years to come.”
Paul Morgan’s winning entry
Dangerous Designs is judged by a panel chosen from leaders in a range of design-related field, including architecture, exhibition curation, design and publication. One of the features of the competition is that it seeks to build bridges between designers, manufacturers, and marketers to facilitate the commercial production of items designed for Dangerous Designs.
34
Industry News
BDAV NEWS
Awards Writing MasterClass with Verity Campbell Do you enter award-worthy projects into Awards competitions yet come home empty handed? Do you spend far too long on award submissions?
and how to write more effectively for your business in general. Numbers are limited to ensure participants maximise their learning outcomes.
With entries closing in the 2017 BDAV Building Design Awards on 7 April 2017, this Awards Writing MasterClass on 22 March 2017 is very timely.
What’s covered in this Session?
Learn how to write a first-rate BDAV award entry and work on your entry in a hands-on interactive workshop – you could even complete your submission in the session! In a small group (max 7) learning and supportive environment, communications consultant and awards-writing specialist Verity Campbell will show you how to make the most of your entry this year to give it the best chance of success. You’ll be able to ask questions about your entry to the presenter during the workshop. Verity will also lead you through the award-writing process. You’ll leave this session with more confidence on what it takes to write a winning award entry,
What judges are looking for; How to create a compelling project title; Why your photos and captions matter; Gathering the evidence; Framing your case; Writing to win!
Who Should Attend? This workshop is perfect for you if: You’re new to awards submissions and want to learn more about the technical side of awards writing. You’re a seasoned awards entrant needing a refresher course to increase your chances of securing recognition.
Notice a change in your latest energy bill?
Presenter and Organiser Verity Campbell is a communications advisor and writer for building designers, architects, landscape architects and design industry suppliers. Her awardwriting efforts have garnered clients awards such as Houses Awards, Australian Institute of Architects’ Awards, Architeam Awards, BDAV Awards and more. Verity has presented BDAV CPD events including Marketing Tips for Designers and Digital Marketing for Design Professionals. and contributes a marketing column to BDAV News. Verity Campbell
Learn how to put together an award entry for maximum impact
www.veritycampbell. com.au
Further Information https://www.eventbrite.com.au/e/ bdav-awards-writing-master-classtickets-32252736804
Did you know that some energy retailers can switch you to a higher rate or lower discount when your contract expires? It happens. Make It Cheaper want to make sure it doesn’t happen to you. Make It Cheaper offer a free quick, simple and easy bill comparison service across all types of electricity and gas accounts including small to medium businesses, commercial, industrial and household. Mark Pollard, Partnership Manager at Make It Cheaper says, "As energy experts, we can run a full comparison against our panel of leading energy retailers. We are not here to disrupt business, but to identify an opportunity to lower overheads for that business”. Why not shop with us and see if you could be saving?
FOR A FREE QUOTE Call the BDAV Hotline directly on 02 8077 0048 or Email a recent energy bill with contact details to bdav@makeitcheaper.com.au
makeitcheaper.com.au
Awards Competition
V O L 2 2 E D I T I O N 2 M A R C H 2017
International Sustainable Construction Awards Be recognised on the global stage for your successful sustainable designs! Entries are invited for one of the world’s most significant competitions for sustainable design – the fifth International LafargeHolcim awards. Bold ideas are invited from architects, building designers, and engineers, that combine sustainable construction solutions with architectural excellence.
Innovation and transferability – Progress Ethical standards and social inclusion – People
has received written confirmation from the organisers that building designers are eligible to participate.
Resource and environmental performance – Planet
Next generation (young professionals and students category)
Entries close on 21 March 2017, and there is no cost to enter. There is a simple online entry form, which requires a brief description of the project, how it responds to sustainable construction, and space is provided for 10 or so images.
Contextual and aesthetic impact – Place
The independent regional jury for Asia Pacific will, this year, be headed by Professor Donald Bates and hosted by the University of Melbourne, so it would be really exciting to have a strong showing from Australian design professionals and students.
Project has reached an advanced stage of design with high probability of execution;
The competition is open for projects in architecture, building and civil engineering, landscape and urban design, materials, products and construction technologies that contribute to the five ‘target issues’ for sustainable construction, which serve as criteria for projects submitted in these Awards:
Economic viability and compatibility – Prosperity The competition has two categories with different requirements:
Lafargeholcim awards (main category)
All authors must be at least 18 years of age (date of birth 21 March 1999 or earlier); Execution (ie: physical construction) of the project may not have started before 4 July 2016. NOTE: Whilst the eligibility requirements for the main category state that the competition is open to architects, planners, engineers, project owners, builders and construction firms, the BDAV
Visionary projects and bold ideas; All authors must be between 18 and 30 years of age (date of birth between 5 July 1985 and 21 March 1999); Execution (ie: physical construction) of the project (if applicable) may not have started before 4 July 2016. Enter now, and help to put Australian sustainable building designers on the global stage. Apart from the recognition, the total prize money in the global LafargeHolcim Awards competition is USD$2 million, of which USD$350,000 is allocated for the Asia Pacific segment of the competition. Regional winners automatically qualify for the next phase: being put forward for the global competition in 2018. For further information, go to www.lafargeholcim-foundation.org
Seen at the BDAV February Seminar on Sustainability in Design....
35
SPECIAL OFFER TO MEMBERS
36
BDAV NEWS
A BONUS Sourcebook to create your dream build! You can do your research on the style you like, the finishes you want and the furnishings you desire and by all means get involved, however by leaving the technical and artistic creation of your design to a professional you will without doubt achieve a superior project. This Sourcebook is created to stimulate your imagination and help you to move forward with your project. It is designed to offer you suggestions for, and places to find, products and materials for your ideas book, as well as where to go to find an architect, builder, engineer, interior designer – in fact the entire team to help you realise your dream build.
6-ISSUE SUBSCRIPTION TO GRAND DESIGNS AUSTRALIA MAGAZINE + BONUS GRAND DESIGNS SOURCEBOOK #4
FREE GIFT
ONLY $55
STEP 1: SUBSCRIBE ME
6 ISSUES OF GRAND
DESIGNS AUSTRALIA + BONUS GRAND DESIGNS SOURCEBOOK #4
ONLY $55 STEP 2: MY DETAILS Mr/Mrs/Miss/Ms First name: Surname: Address:
Suburb: Daytime telephone: ( Email:
)
STEP 3: PAYMENT OPTIONS Cheque/money order for AU$ (Please make cheques payable to Universal Magazines Pty Ltd) Please charge my: American Express Diners MasterCard Card number:
Visa
Expiry date: (must be included) Cardholder’s name: Cardholder’s signature:
www.universalshop.com.au FAX NOW (02) 9805 0714 CALL NOW 1300 303 414 (cost of a local call) OVERSEAS ENQUIRIES +61 2 9887 0399 SEND COUPON NOW Subscriptions Department, Reply Paid 75687, North Ryde NSW 1670 EMAIL NOW mailorder@universalmagazines.com.au ONLINE NOW www.universalshop.com.au Subscriptions will commence with the first available issue. Existing subscriptions will simply be extended. Free gifts arrive separately to the magazine subscription and are sent as soon as possible. Free gift offers do not apply to subscribers currently on the Easy Payment Plan or those upgrading with the Early Bird offer. Offer open to Australian residents only. By subscribing you acknowledge that you understand that ‘tip-ons’ and gifts or bonus issues that may be available with non-subscriber copies of this magazine may not be provided to subscribers and is at the discretion of Universal Magazines Pty Ltd. The promoter shall not be liable for any loss or damage which is suffered or sustained (including but not limited to, indirect or consequential loss) or for personal injury which is suffered or sustained as a result of taking part in this or any other gift offer. By subscribing, you consent to receive any direct marketing material including emails which inform the recipient of the Promoter’s other publications, products, services or events and to receive promotional material from third parties. Please tick the box if you do NOT wish us to use this information for the purposes stated above . *Offer available while stocks last.
TO RECEIVE THIS OFFER QUOTE THE CODE: BDAGD7 HURRY! OFFER ENDS: JUNE 30, 2017
Legal Issues
V O L 2 2 E D I T I O N 2 M A R C H 2017
37
My Customer Won’t Pay! What Do I Do? It’s frustrating, it’s costly and worst of all, it’s a common day-in, day-out occurrence for businesses no matter how big or small. That’s right, we are talking about customers who don’t pay on time, or try not to pay at all! The agreement was black and white – you provided your end of the deal and now you want to recover the debt you’re owed. So how should you go about this? This article will outline Business Victoria’s recommendations of the steps your business should take to recover debt from customers.
Debt Recovery Procedure For some, it may be tempting to go after your money with all guns blazing. For others, it may be tempting to accept the loss and not bother with the hassle. Well, unsurprisingly, neither of these approaches are recommended. You need to be aware of the regulations for contacting customers for overdue payments – refer to Consumer Affairs Victoria for a list of banned practices. To guide you through the process, Business Victoria, a government agency, has developed a structured procedure for small business owners to follow when chasing up on bad debt. These are the steps:
Step 1: Contact customer with a friendly payment reminder Payment has just fallen overdue. It is now time for your first payment reminder. You should phone, email or mail the customer with a courtesy reminder. At this stage, it is possible that the customer has simply forgotten, paid it into the wrong account or some other minor issue which can be resolved easily. Keep it polite and don’t be accusatory. Be sure to include your payment options, banking details and contact information to make it easy for your customer to pay straight away.
Step 2: Contact customer with an overdue payment reminder Now things might seem a bit fishy. Your friendly payment reminder didn’t have the desired effect – payment remains outstanding and the customer has missed the next agreed date, or there has been no contact. In this situation, you should phone the customer or send an email letter requesting payment. It is important to always remain polite and professional.
Step 3: Contact customer with a final notice If your customer has not paid as per the terms of payment, and has failed to pay within any extended dates, even after two reminders, it is time to give them a final notice. Call or email your customer to discuss the outstanding payment and request payment. It is acceptable to now be more assertive with your request; however, always keep it professional.
Katherine Hawes
by Katherine Hawes, Digital Age Lawyers
Step 4: Attempt direct contact with customer If the final notice has no positive effect, consider visiting the customer in person or phoning them (if previous contact has been via email or letter) to request payment. This direct interaction makes things more personal between you and your customer, and it is more likely to influence them to pay what they owe.
Step 5: Send a formal letter of demand If all previous attempts to contact your customer and/or receive payment have failed, it is worthwhile considering a letter of demand. You can have a solicitor draft a letter of demand for you at a reasonable price. This is often very effective as it signals to your customer that you mean business and won’t back down until you are paid what you are owed.
Step 6: Debt Collection Agency The last step you may want to consider is using a debt collecting agency to collect the outstanding payment from your customer. This is likely to erode your relationship with your customer so this is only recommended as a last resort.
Educate Yourself As you can see, debt collection can be a lengthy and trying process. But amidst the frustration, it is important not to overstep any legal boundaries. It is useful to be familiar with fair debt collection practices, developed by Consumer Affairs, so you know the rules of debt collection and can avoid any legal issues arising. If you have any questions or concerns for your small business, please don’t hesitate to contact me.
Gutters, Downpipes and Overflow Calculator The Australian Building Codes Board has advised that a Beta testing version of the new Gutters, Downpipes and Overflow (GDO) Calculator is now available. The GDO Calculator assists users to understand the Gutters and Downpipes Acceptable Construction Practice (ACP) provisions in NCC Volume Two. Using the GDO Calculator is easy – simply enter information about the location, roof design and types of overflow measures, and the calculator will provide the gutter type/s required, allowable downpipe sizes and whether the selected overflow measures are adequate. The Calculator is a MS Excel file and uses data contained in NCC Volume Two for the calculations.
Based on the location, roof design and overflow types, the calculator provides the allowable gutter types, downpipe sizes and whether the selected overflow measures Interested users can access the Beta testing version of the GDO Calculator now. Users are invited to provide feedback to the ABCBon the Calculator and its performance. For further information, go to http:// www.abcb.gov.au/Resources/ToolsCalculators/GDO-Calculator
Awards Entries Close 7 April 2017 Details in MEMBER pages at
www.bdav.org.au
38
Lock it down with a BDAV Standard Form Contract BDAV NEWS
The BDAV encourages Members to safeguard their relationship with their clients by always using a written contract for each project. The BDAV’s suite of standard-form contracts – developed in conjunction with one of Australia’s leading construction law firms specifically for the building design profession – is an excellent safeguard in your contractual relationship. Four contracts are available: • Domestic Building Works Contract, for use in residential projects (new houses, units, flats, apartments, town houses, dual occupancies, etc); • Domestic Building Works Contract for use in residential alterations/additions projects; • Commercial Contract, for use in non-residential projects (Commercial/Industrial/Institutional); • Commercial Contract, for use in non-residential alterations/additions projects (Commercial/ Industrial/Institutional).
Take advantage of the cost savings offered for multiple purchase of these contracts: • Three copies are useful: one each for the designer, the builder, and the client. • Four copies are useful: one each for the designer, the builder, the client, and the bank. The discounted rates for multiple copies are only available when purchasing multiple copies of the SAME contract in one order.
Orders may be placed online, at the webshop at the BDAV’s website – www.bdav.org.au – but remember to log-in as a Member before accessing the webshop, to avail yourself of the MEMBER rates. Phone: (03) 9416 0227 Fax: (03) 9416 0115 Email: info@bdav.org.au www.bdav.org.au
Industry News
V O L 2 2 E D I T I O N 2 M A R C H 2017
39
Victoria’s First Vertical High School The Victorian Government has announced construction has begun on a new $43M high school in Richmond designed by Hayball Architects. The new Richmond High School will comprise a four-storey academic precinct on Highett Street and a sports precinct on Gleadell Street, which will be built initially as a multi-purpose campus. Hayball director, David Tweedie, said a key requirement of the design brief was to foster values of community, diversity, wellbeing, sustainability, safety and technology. As a response, Hayball created a design based around “learning communities” with equitable access to areas for science, technology, the arts and general learning areas. “A challenge when creating a school that sits across a number of levels is always, how do we ensure it feels welcoming, and what defines it as a ‘school’?” Tweedie said. “Our strategy was firstly to focus on locating all the functions that invite school community participation on the ground floor – the library, the performing arts spaces and spaces for sharing food – and secondly to make visible from the outside the activities of the school – including science spaces and outdoor learning.” The new Richmond High School will eventually cater to 650 students across years 7 to 12 and will consist of a fourstorey academic building. The academic building will be built on what was an empty carpark and within walking distance to key local community facilities such as the Recreation Centre, City Baths, Town Hall and Citizens Park. The ground floor of the school will accommodate a library, performing arts spaces and recreational space, as well as science spaces and spaces for sharing food. The ground floor landscape will also
incorporate outdoor cooking facilities and space for exhibitions, functions, pop-up exhibitions and food trucks. Tweedie suggests these spaces will invite the community into the school physically through accessibility to facilities, but also visibly because the functioning of the school will be in full view from the ground plane. Another key driver was balancing space for ‘learning communities’, or as Tweedie puts it, “flexible, adaptable spaces…which incorporate specific functionalities”, with protective enclosures for special activities. “We wanted the possibility for these learning communities to be combined allowing a number of school structures – two sub schools, middle / senior school, or year level groupings,” he says. “Simply put, we developed two floors of these learning communities for general learning that sit on different levels to the spaces for specialist subjects such as science, technology and arts. This way, you’ve got equitable access to general learning areas and specialist learning areas.” Due to its size and shape, the architects have called upon design strategies usually associated with commercial office buildings. An atrium form and glazed roof has been adopted to provide light and ventilation to the centre of the building’s floorplates and floors will be accessed by an elevator or central staircases. The school will also include outdoor cooking facilities and an edible productive garden in its landscape design. The landscape spaces will also allow for exhibitions and functions.
The atrium of the proposed Richmond High School designed by Hayball. Image: Hayball The Highett Street campus building will feature a central atrium that will provide light and air to the interior. The Gleadell Street precinct is set to open in 2018 and the Highett Street campus will open in 2019. The Victorian government says Richmond High School will be the first vertical government school to be built in Victoria. In January 2017, private school Haileybury opened Victoria’s first vertical school, a 10-storey campus in Melbourne’s CBD, housed in a former office building. Hayball is also the architecture practice designing Victoria’s first vertical primary school, South Melbourne Primary, which will be five storeys. The project was named Future Building of the Year at the 2016 World Architecture Festival Awards. Other vertical school proposals around Australia include the new building for the Arthur Phillip High School and Parramatta Public School by Grimshaw and BVN (rising to 14 storeys) and a new Adelaide city high school designed by Cox Architecture, DesignInc and TCL (rising to six storeys). Source: ArchitectureAU, and Architecture & Design
40
Graduates
BDAV NEWS
Get designs on your future. If you’re a Graduate of Building Design or Interior Design, why not consider a Graduate Membership of the Building Designers Association of Victoria. It’s a great pathway to ensure your future career plan or vision comes true. Amongst other benefits – including free job listings – BDAV Graduate Membership enables you to network with practitioners running their own design practice – who could be your future employers. To see what your future holds, go to www.bdav.org.au or contact the BDAV at info@bdav.org.au
V O L 2 2 E D I T I O N 2 M A R C H 2017
Job Market
Job Market Architect/Building Designer Required
Habitech Systems seeks an experienced architect/draftsperson with a passion for creating more sustainable housing solutions. Habitech is an innovative modular design firm offering new forms of design and construction services to the Australian and New Zealand housing markets. We seek an Architect/Building Designer with a minimum of 3 years’ experience documenting residential projects in REVIT. Candidates should be passionate about design and sustainability and enjoy working in a team environment. The position is available immediately. Further details at http://www.habitechsystems. com.au/doco-role-feb2017
Architect/Architectural Draftsperson
Established Richmond practice requires an Architect/Architectural Draftsperson. We seek a highly skilled documenter with solid technical understanding for concept design presentation and contract documentation for commercial and retail projects. AutoCAD expertise essential. Minimum 3 years’ local experience required. Close to public transport. On-site car parking. Applications to anna@ruma.com.au.
Draftsperson Required
Playce, a design practice based in Richmond with a focus on innovative playspace and skatepark design, seek a draftsperson (graduate up to 3 years’ experience) to assist with design, technical drafting and 3D visualisation. Send a three page PDF CV to enquiries@playce.com by 3 March 2017. www.playce.com
Full-Time Draftspersons Required
Busy design firm located in the eastern suburbs requires experienced full-time drafters who must be proficient in AutoCAD and all aspects of drafting. A knowledge of ArchiCAD would be an advantage; excellent communication skills are a must. Please email your resume to admin@design20.com.
Graduate Required
SACBW seeks a suitably experienced Graduate Building Designer or Graduate Architect to join our multidisciplinary practice to undertake design, documentation of all facets of commercial and residential design and diverse projects. Candidate will be passionate about design, with the ability to effectively resolve design details and documentation challenges. Technical proficiency is required in AutoCAD, Revit/SketchUp as well as an understanding of ResCode and the BCA. Good communication skills,
writing and documentation skills. The right candidate will be offered a full-time position. An immediate start is available to the successful applicant. Please email resume to inquiries@sacbw.com.
Architect/Building Designer AND Draftsperson (Two Positions)
Paul Shaw & Associates, a long established Doncaster-based practice specialising in up-market residential and boutique commercial developments, have two permanent positions which will assist in the expansion of our current operation. Generous salary and flexible work conditions are available to the successful applicants. Applications to mail@paulshaw.com.au. Architect/Building Designer: Minimum of 8 years local experience, who is prepared to take on a senior position within our company. You will be responsible for management of clients and the production of high quality building design. You will be passionate about architecture, have strong communication skills and enjoy working in a team environment. The preferred candidate will require sound Auto-Cad / Revit skills. Draftsperson: to be responsible for the production of quality documentation and experience with town planning drawings and highly detailed working drawings. You will have strong Auto-Cad skills and a sound knowledge of relevant Australian codes and constructions practices.
Graduate Draftsperson Required
Small building design firm located in the south-eastern suburbs seeks a qualified or recently-graduated Draftsperson. Applicants must be proficient in Revit and have solid technical detailing and project documentation skills. Knowledge of 3DMax and Vray is helpful but not essential. This is a great opportunity for a self-motivated and creative Draftsperson wanting to work in a relaxed office environment. Please forward your CV to dale@crowhurstbd.com.au.
Students Seek Part-Time Work
Student seeks job opportunities in plan drafting and modelling. Proficient in the use of Revit, AutoCAD, Sketchup and Photoshop. Completing 3rd /last year of Adv Diploma of Building Design (Architecture) at RMIT with 5 months left to go. Has some industry experience; looking for part-time work leading to potential full-time position. To learn more about me and my work, feel free to peruse my portfolio at stephlay21.wixsite.com/ portfolio, email stephlay21@gmail.com or call on 0452 154 821.
3rd year student at RMIT studying Building Design (Architectural) due to be completed mid year is looking for work. Proficient with REVIT, AutoCAD, SketchUP, Photoshop, Illustrator and Lumion. Has experience working with an owner-builder. Portfolio can be viewed by CLICKING HERE. Please contact Samuel McLAren on 0439 491 496 or via email at samuel.mclaren@gmail.com. Student into the last 6 months of studying the Advanced Diploma of Building Design (Architectural) in the Geelong area seeks part-time work. Proficient in Revit and AutoCAD. Understanding of ResCode and BCA. Quick to adapt and learn. Contact tysonpovey@gmail.com or 0438 967 438.
Graduate Seeks Full-Time Work
Graduate Draftsperson looking for a full time position in the south-eastern suburbs. 1+ year post qualification drafting experience, 14+ years building industry experience and additional qualifications (Project Administration, Contracts Administration). Confident in Revit and Sketchup (willing and able to quickly learn AutoCAD if required). Please email christine.loizou@gmail.com.au if interested or to see her resume.
Industry recruitment specialists for Architects, Building Designers, Property Developers and Interior Designers Remuneration advice, market updates, expert knowledge, permanent, temporary and contract recruitment.
Phone 03 9349 1055 www/bloomfieldtremayne.com.au
41
42
BDAV NEWS
Industry News
‘Sculpted’ Concrete Defines Awarding-Winning Melbourne Home A client’s brief to feature concrete in his new home has been resolved in a stunning expression of urban living in bayside Melbourne. In simple terms, the home features a concrete and glass upper level sitting atop a timber-and-stone-clad lower level. From the street, it reads like a layered cake. Architect Matt Gibson, of Matt Gibson Architecture and Design, says the design was driven by the affection of his client – a commercial builder – for concrete. “We decided if the client wanted to use concrete and do something interesting with it, then lets really promote the upper volume as the defining element of the building’s architecture, and see if we can express the builder and his craft in this material,” Matt says. Concrete is used essentially to frame the upper level, infilled with walls of glass on both the street and rear sides. The concrete walls, roof and floor planes extend out beyond the glass, with the walls tapering from a 400mm depth to a 100m rounded edge. Not only does this provide shading and weather protection, it adds a lightness to the design and opens up the view. “As the design developed, we were keen to avoid a monolithic, heavy first floor,” Matt says. “Instead we wanted to express the material in a unique way that enabled a more sculpted and less conventional concrete presence. “We think the tapering of the edges has been successful in helping to provide an expression that almost belies the nature of the material and renders the first floor as light and nimble, soft and tactile.” In terms of construction, the first floor and roof slabs were cast in situ, the side walls precast off-site, and the tapered ends cast on-site. The roof is a minimally pitched concrete slab with a waterproof membrane, finished in metal roof cladding. The basement and ground floor structural walls are also concrete, while the ground floor slab is polished and exposed. The double-storey, double-sided fireplace is concrete rendered, with the kitchen island also of polished dark grey concrete. Environmentally, the house employs multiple passive techniques, including a site orientation that maximises the northern solar aspect, integrated eave solar protection, provision of thermal mass within the concrete floors and walls, and climate control passive AC through extensive cross ventilation. Strategically placed skylights bring light and ambiance into the centre of the dwelling, and interaction with side breezeways further minimises the need for artificial lighting. While there is significant scale in some of the internal spaces, the house is highly organised and space efficient, with clear zoning that supports both family life and individual privacy. Matt describes the palette of materials used on the exterior as ‘honest and natural’. “Stone is utilised generally to clad the masonry super structure, whilst Blackbutt timber clads lightweight, operable or glazed sections of the façade,” he says. “The stone was a specific request of the client. It held sentimental value, coming from his birthplace. Of particular satisfaction to us is that this house is designed for the long term. “The use of concrete specifically has provided a beautiful backdrop to this family’s life– blending art, landscape and natural comfort.” Source: Cement Concrete & Aggregates Australia
s
BDAV membership is the ultimate designers ‘must have’.
V O L 2 2 E D I T I O N 2 M A R C H 2017
43
Membership Benefits include: • Belong to a true non-profit Association • Monthly Journal: BDAV News • Weekly eNews • Winning Design Magazine • Member updates • Continuing Professional Development: comprehensive program of seminars, workshops, webinars, and regional meetings • Documents for building projects: – project specifications – engagement agreements – indemnity documents – standard form contracts for residential and non-residential projects • Reference material, including a great suite of Practice Notes, Advisory Notes, and much more • Free* advice on matters including copyright, contracts, wages and conditions, legislative and regulatory requirements, etc • Access to Professional Indemnity Insurance through our preferred insurance agent • Accreditation for Thermal Performance Assessors and Home Sustainability Assessors • Lobbying and Representation • Annual Building Design Awards to promote your skills as a designer • Annual 10 Star Challenge to promote knowledge of energy efficiency principles • Free website listing to generate referrals for your business in Find a Building Designer/Energy Rater
One look inside tells you that being a Member of the Building Designers Association of Victoria entitles you to many member benefits. Advantages such as important information to help you to promote your business, advice* for greater efficiencies, and especially our comprehensive Continuing Professional Development program, will assist you to reap the rewards. Being a BDAV Member is a sound investment for your business – especially for sole-practitioners, who often work ‘in a vacuum’ and value peer support for advice and guidance. Phone: (03) 9416 0227 Fax: (03) 9416 0115 Email: info@bdav.org.au www.bdav.org.au *Advice is of an elementary nature. Anything significantly complex should be referred to an appropriate professional advisor. BDAV is an approved CPD Provider for the Victorian building industry, as administered by Victoria’s Building Commission.
• Free Job Listings for Members seeking staff or Members looking for work • Student Scholarships/Grants/ Awards • Help Desk • Online Member Forum • Access to latest information from the nation’s leading suppliers • Networking • Use of BDAV logo: provides recognition on your website and business stationery and much more!
designing amazing spaces
Building Designers can offer an incredible range of design skills to your project To get in touch with a BDAV building designer, go to www.bdav.org.au