ACANews September 2020 by brianwaters1

News ACANews SEPTEMBER 2020

“Build, build, build” – Town planning special issue Confirmation that the government intends to make major changes: • USE CLASSES ORDER • BUSINESS AND PLANNING BILL • ENVIRONMENT BILL New Permitted Development rights Planning White paper - the headlines New Prior Approvals and Use Class changes from 1st September Challenges and opportunities White Paper Zoom Seminar Monday 12th October 2020 5pm The new Use Classes Order, charted by Lichfields see pages 4-12 ALSO INSIDE page 2 From the President 14 EMPLOYMENT LAW in the time of COVID-19 Working from home – or living at work? Five lessons for employers and employees as we leave (?) lockdown…. writes Max Winthrop 16 ACA members’ employment law helpline 17 MANAGEMENT Maintaining consistent profitability Robert Peake, Principal of Management for Design says scaling a design or engineering business is an exercise in deploying a finite resource (people’s time) against infinite potential (client solutions)

A QUIZ FOR QUARANTINE Name the bridges 2 26 BOOK ‘Collaborative Construction Procurement and Improved Value’ by Professor David Mosey 28 PROFESSIONAL INDEMNITY INSURANCE PII in a challenging market 29 NEW PLAN OF WORK ACA overlay to the RIBA Plan of Work

19 Business support for members

30 ACA CONTRACTS ACA Alliance contracts news

21 Opportunity for a new chief of ACA operations And Council members and ACA officers

31 PUBLICATIONS

excellence in practice

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FROM THE PRESIDENT ACA excellence in practice

From the President This is a good time to review new opportunities and to remind clients that they should be looking to us for creative thinking, and guidance through the ever changing planning maze

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Writing in the immediate aftermath of the Covid lockdown in March I finished my last piece by paraphrasing the Queen’s address to the nation saying ‘We shall build again’. As it turned out we barely stopped. Contractors large and small soon found ways to carry on, if not always at the same capacity as before, perhaps not always as safely as they should, some things don’t change, but back, if not quite as productive. Hopefully by now you will all have worked out the principle if not the quantum of the inevitable delay claims. What took much longer to return was new projects. Small practices like my own saw a short downturn but the enquiries are now back. But with the future of many business sectors still unclear, inevitably projects for commercial developers, airports and the like won’t be back this year or perhaps even next and we hear regular reports of bigger practices cutting staff. Last year the government wanted us to shop locally to save the High Street. Now that we are, they want us all to commute again to move that spending back to city centres. One way or another there will be new opportunities for the imaginative reuse of suddenly unloved buildings. But let’s not waste a good crisis. This is a good time to review new opportunities and to remind clients that they should be looking to architects – you – for creative thinking, and guidance through the ever changing planning maze. How was WFH, as we all learned to call it, for you? Or was it Living at Work as Max Winthrop calls it on page 14. No change for our sole practitioner members, but a big upheaval for most. My staff got the travel savings, I got the bill for a lot more tech, and we all learnt to Zoom. Perhaps we should be grateful for a chance to try out what we had all been discussing for years. It turned out to be an interesting experiment which has shown what we can do apart, most of the project work, and what still needs face to face time, team building and sharing experience. This office will be continuing to work in part remotely. I would love to hear your views. And now you know how meeting remotely works, I will repeat my request for ACA members outside London - you? who might have found travel to meetings difficult to step forward and join us on Council. Please contact me or any of the other council members - details on page 21 - if you feel you

Secretary General Darya Bahram Director of Enterprise Alison Low

ACANews SEPTEMBER 2020

Chief Operating Officer Vacant 5 Lansdowne Close London SW20 8AS

ACA President, Andrew Catto

can help. There’s still time to join in a trial council meeting ahead of the AGM in the autumn. With the government seemingly planning to build our way back to full employment maybe this wasn’t the right time to completely overhaul the planning system. But that is what is happening, both in the short term: relaxations to allow some businesses to expand into the streets and long term with changes to the Use Classes and extra Permitted Development rights (already here); medium term through a consultation on changes to the present planning system and long term with the publication of the long overdue White Paper ‘Planning for the Future’. Lots more detail on the ACAPAG pages. The ACA will be responding to these consultations. You are invited to join the discussion in our Zoom seminar on 12th October - see page 11. Reports from the now resumed Grenfell inquiry get more terrifying by the day. Every subcontractor, supplier and ‘expert’ seems to know the price of everything and the value or performance of nothing and to assume that the architect or someone would check it all for them. No wonder PII premiums are going through the roof. It’s a good thing that last year the ACA found a reliable insurance advisor in Marsh Professional who were able to find me the right new cover at the beginning of this year after my practice’s previous insurer left the market. See more on page 28 and heed their advice to start early before your PII comes up for renewal. n

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CONTENTS

page 2 From the President 3 Contents 4 ACAPAG PLANNING REPORT by Andy Rogers Confirmation that the government intends to make major changes: Use Classes Order Business and Planning Bill Environment Bill 6 New Permitted Development rights & Planning 8 White paper - the headlines 9 Planning Portal Update New Prior Approvals and Use Class changes from 1st September 10 Challenges and opportunities 11 White Paper Zoom Seminar Monday 12th October 2020 5pm 12 The new Use Classes Order, charted by Lichfields 14 EMPLOYMENT LAW in the time of COVID-19 Working from home – or living at work? Five lessons for employers and employees as we leave (?) lockdown…. writes Max Winthrop 16 ACA members’ employment law helpline 17 MANAGEMENT Maintaining consistent profitability Robert Peake, Principal of Management for Design says scaling a design or engineering business is an exercise in deploying a finite resource (people’s time) against infinite potential (client solutions) 19 Business support for members 21 Opportunity for a new chief of ACA operations And Council members and ACA officers 22 A QUIZ FOR QUARANTINE Name the bridges 2 26 BOOK ‘Collaborative Construction Procurement and Improved Value’ by Professor David Mosey 28 PROFESSIONAL INDEMNITY INSURANCE PII in a challenging market 29 NEW PLAN OF WORK ACA overlay to the RIBA Plan of Work 30 ACA CONTRACTS ACA Alliance contracts news

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31 PUBLICATIONS

ACANews SEPTEMBER 2020

ACAPAG PLANNING REPORT ACA excellence in practice

Confirmation that the government intends to make major changes Andy Rogers chairs ACAPAG, the ACA Planning Action Group, and brings us up to date on an eventful summer for planning

In an effort to make the planning system even more complex and confusing, the government has recently introduced a raft of new regulations, two planning bills and two consultation papers. Some are temporary changes to combat the coronavirus and others are quite far-reaching, including widespread additions to the General Permitted Development Order (GPDO), alterations to the Use Classes Order (UCO), publication/revision of new Business & Planning and Environment Bills, and the much-delayed Planning White Paper - published along with a consultation paper on proposed urgent revisions to planning regulations including extension of the Planning in Principle system to effectively reintroduce outline applications. These do all confirm that the government is intending major changes to the system - as recently announced by Boris*. – Although the housing minister Robert Jenrick has written: “It’s time to re-think planning from first principles… thinking boldly and creatively about the planning system to make it fit for the future”, there is already debate on whether the changes are really that radical (we will still have Local Plans, Green Belts, an infrastructure levy, statutory housing numbers, etc) and whether (or when) they will actually pass through a conservative parliament. – Change will not be quick, so watch this space. The view of some, as expressed for example by RTPI CEO Victoria Hills in one of the many YouTube/Zoom/Webinar planning CPD discussions currently available online, is that our planning system is the envy of the world and there’s nothing wrong with it that proper resourcing wouldn’t fix and anyway now, in the middle of a major pandemic, is not the time to make fundamental changes. – But there aren’t many architects, practitioners, planning barristers or other stakeholders who agree. Meanwhile ACA has submitted a paper, based on our Planning Manifesto, as part of the National Planning Forum’s “2020 Vision” initiative. – This aims to make the case for a change in planning culture, key revisions to process and greater stakeholder involvement at all levels: if you have any comments please let us know.

ACANews SEPTEMBER 2020

Other planning news is also reflective of the changed circumstances in which the system currently works, such as the new 'light-touch' planning regime to allow businesses to erect temporary structures to assist with social distancing in the wake of the pandemic and the possibility of deferring CIL payments for six months. – At least half of local planning authorities have introduced arrangements for virtual planning committees, with varying degrees of success. – It is not yet clear whether decisions made in this way will stand up to legal challenge in the future, but the Planning Inspectorate has already gone ahead and carried out appeal hearings and public inquiries online. The Planning Officers Society recently issued guidance "intended to give some help to local planning authorities in responding to requests to re-negotiate [section 106] agreements and in processing new applications". – Regarding deferral of s106 payments, the document says "local Authorities should take a sympathetic approach" where "development has not commenced or stalled or where sales of completed units are not proceeding". – But it adds that, where deferral is agreed, "there should be clear triggers indicating when and to what extent they will be re-activated". On 11 June 2020 the High Court (Lord Justice Dove) ruled (as part of the judicial review case R (Holborn Studios) v London Borough of Hackney (No 2) [2020]) that it is unlawful for councils to prevent lobbying of councillors. LPA’s non-lobbying instructions effectively contravene Article 10 of the Human Rights Act, which protects the right of everyone (including planning committee members) to hold their own opinions and to express them freely without government interference. – This followed an earlier case that was concerned with notification and advertising for a planning application that had been considerably amended, which also raises the question of proper community engagement procedures and the legality of decisions being made in these restrictive times. ANDY ROGERS n *”Build, Build, Build” Details in the following pages

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USE CLASSES ORDER: Coming into force 1st September, but with restrictions (see footnote) • A new single Class E for commercial, business and service uses incorporates existing Classes A1 (shops), A2 (financial and professional services), A3 (restaurants and cafes), B1 (business/commercial) and D1 (clinics, health centres, creches, gyms, etc), effectively making these uses interchangeable. • Class F1 for learning and non-residential institutions, museums, libraries, churches, etc replaces most of the former D1 uses. • Class F2 for local community uses such as halls, swimming baths, skating rinks, recreation grounds, farm shops, etc, replaces former D2 uses. • Pubs/drinking establishments, hot food takeaways, cinemas, theatres, live-music venues, concert halls, dance halls, etc, become classless (sui generis). FOOTNOTE C1-C4 (residential) use classes all stay the same. – Also no currently permitted development changes of use between uses as existing at present will be allowed before 31 July 2021, by which time either the planning system will have been changed completely or the government will have issued regulations to show which pd changes will be allowe. Nevertheless shops, cafes, estate agents, offices, clinics, day nurseries, etc (all to be Class E “high street” uses) will be interchangeable from 1st September 2020 because section 55(2) of the Town and Country Planning Act 1990 states that a change of use within the same Class (now Class E) is not development - as has always been the case; – but watch out for new Article 4 direc-

tions that may be imposed to limit changes between Class E and other classes of use. ——

BUSINESS AND PLANNING BILL: Expected to be rushed through parliament so may be law when you read this

Andrew Rogers, chairman of ACAPAG.

ENVIRONMENT BILL:

• Development granted planning permission or listed building consent that would lapse between 23 March and 31 December 2020 are to be extended until 1 May 2021. • Permissions that have already lapsed before these provision come into force will be subject to “additional environmental approval”. • Measures to allow appeal inspectors to simultaneously use written representations, hearings and inquiries when deciding a planning appeal. • Temporary measures to fast-track applications from developers for changes to planning conditions to allow building site working hours to be extended. • Removal of the requirement for the mayor of London to make the London Plan available physically and allow appropriate electronic inspection instead. • Measures making it “easier for premises in England serving food and drink to seat and serve customers outdoors through temporary changes to planning procedures and alcohol licensing”. • Modification of provisions in the Licensing Act 2003 to provide for automatic extensions to the terms of on-sales alcohol licenses to allow for off-sales.

Lengthy drafting and consultation periods mean this is not likely to be immediate

ACANews SEPTEMBER 2020

• Establishes a new Office for Environmental Protection (OEP) designed to protect and improve the environment. • Sets out a regulatory framework and procedures for setting legally-binding targets on air quality, water, biodiversity and resource efficiency / waste. • For new development, this is likely to mean the conservation and enhancement of biodiversity by making biodiversity net gain a requirement of planning permissions through a system of measurements and standards set by the local planning authority’s Biodiversity Gain Plan. • Biometric net gain will have to be calculated over a period of years and enforced through “conservation covenants”: off-site options for compliance will include the purchase of biodiversity credits or arrangements to pay for the enhancement of environments elsewhere in the relevant authority. • Targets and enabling regulations will be made by the Secretary of State following enactment of the bill, so details are currently unclear. n

ACAPAG PLANNING REPORT ACA excellence in practice

New Permitted Development rights Coming into force on 25th June 2020 and 31st August 2020

• A new requirement for the provision of adequate natural light to all habitable rooms when making a change of use to housing. • A right for the temporary use of land by developers for any purpose (subject to several restrictions) from 25 June to 31 December 2020; and by local authorities for holding a market from 25 June 2020 to 23 March 2021. • A right to construct up to two additional storeys for new homes on detached blocks of flats that have three or more above-ground storeys, which includes various related works (such as reasonably necessary engineering work), but subject to a large number of restrictions/conditions. • Minor technical, clarifying and other amendments. • New demolition rights allowing any freestanding commercial or residential building built before 1st January 1990 that has been vacant for at least six months and is not listed or in a conservation area, AONB, etc, to be rebuilt within three years as housing that is no larger than the footprint of the existing structure (up to 1,000 sq.m, with a maximum height of 18m). • A right for owners of homes that are detached, semi-detached or terraced to build additional space above their properties via a new fast-track process, subject to neighbour consultation and a number of other restrictions. • Post-1948 buildings built before 2018 are also allowed to be extended by up to two storeys of new flats, again subject to various restrictions depending on whether they are mixed-use, detached, terraced, etc.

ACANews SEPTEMBER 2020

• Most of these pd rights will be subject to extensive prior approval limitations and new fees which will be set only slightly lower than full application n

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BELOW: Brian asked Andy â&#x20AC;&#x153;Why is the two-storey block not given any pd rights?â&#x20AC;? The reason, Andy replied, is that the rules have become so complex that two-storey blocks of flats have been overlooked. Extension rights are given to dwelling houses (whether detached, semi-detached or terraced), blocks of flats of three storeys or more (up to a total height of 30 metres), and a variety of commercial or mixed-use buildings - such as blocks of flats that include shops or other uses. The two-storey block in my photo is only flats and therefore has fallen between the cracks of the new legislation. Is that clear??

ACANews SEPTEMBER 2020

ACAPAG PLANNING REPORT ACA excellence in practice

Planning white paper - the headlines Andy Rogers helps us get our heads around the ‘Future of Planning’

ACAPAG wll be meeting on Zoom in September to agree ACA’s consultation responses. If you would like to join the discussion. Zoom access will be provided when you register by email to office@ acarchitects.co.uk

Local Plans to be simplified and adopted within 30 months timescales for applications to be fixed with no extensions (with sanctions) Automatic fee refund if application is out of time and also for Community-led development standards / design codes to be successful appeals the priority Exploration of deemed approval when there is not a timely New body established to support nationwide delivery of decision design codes Regulation of pre-app charging and application fees to cover Generic policies which simply repeat national policy will not the cost of processing be allowed Every LPA to have a chief officer for design and place-making Areas to be zoned for Planning system operating costs to be mainly funded by • Growth - suitable for substantial developments developer contributions • Renewal - suitable for some limited development New comprehensive resources and skills strategy to support • Protection - development severely restricted reforms Growth areas: automatic outline permission for Plan-speci- Development proposals to have one planning statement of fied types of development no more than 50 pages Renewal areas: statutory presumption in favour of smaller High-quality proposals reflecting local character/preferences local developments automatically approved Protection areas: no develNew ‘single infrastructure opment except by detailed, Areas to be zoned for levy’ to replace CIL and s106 justified planning applicaagreements • Growth - suitable for substantial tion Levy extended to capture conInteractive web-based developments tributions from permitted colour-coded maps of areas • Renewal - suitable for some limited development rights to be created to show zones development Large sites to be split between Strategic national planning developers to accelerate deliv• Protection - development severely map to be formed and pubery of housing restricted lished digitally Councils subject to new perStandard housing need calformance framework to culations to be revised Growth areas: automatic outline ensure continuous improve(numbers likely to increase) permission for Plan-specified types of ment Five-year housing land supply requirement replaced by development Consultation on the white development availability paper proposals run until 29 Duty to cooperate with Renewal areas: statutory presumption October. Suggested changes neighbouring authorities to to Local Plans, developer conin favour of smaller local be removed tributions and development Community consultations developments management require primary to be streamlined (for Local legislation as well as secPlans and applications) ondary legislation, but new Protection areas: no development Planning processes to be systems are expected to be in except by detailed, justified planning digitised to support better place by the end of the application civic engagement Parliament - ie within three Statutory determination years… n

ACANews SEPTEMBER 2020

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PLANNING PORTAL UPDATE

The Planning Portal director summarises the new requirements. Luckily many did not get a summer holiday so could keep abreast of all this. ©

New Prior Approvals and Use Class changes from 1st September The next round of legislative updates from Government introduce a further 6 specific types of permitted development (each requiring a ‘Prior Approval’ application), set a fee to most of the new prior approval application types, and usher in significant changes to how uses are classified. We will be providing PDF forms to allow Prior Approval to be applied for where proposals fall under the new permitted development rights and work to integrate these into our online services going forward. We have also updated our consolidated fee schedule to cover the introduction of the fee that applies to Prior Approval applications for new dwellinghouses. Where the changes to use classes affect our planning information, application forms and services, we are updating content to account for them. Further information on the changes to be made are detailed below. All of this will assist our users in the completion and submission of valid applications to Local Authorities. We are also currently reviewing the contents of the Planning White Paper and related consultations to ensure we respond to the ever-changing needs of the planning system and continue to meet the considerable challenge of reforming the procedures and structures that underpin it. New Prior Approval application types This year’s second and third sets of amendments to English Permitted Development legislation introduces rights (from 31 August 2020) and a requirement to apply for Prior Approval for: • Upward extension of existing dwellinghouses (additional storeys) • Demolition of existing buildings to replace with new dwellinghouses • New dwellinghouses in additional storeys on terraced and detached buildings in commercial or mixed use or in use as dwellinghouses We are currently producing fillable PDF forms to allow relevant Prior Approval applications. These will shortly be available from our downloadable forms section. They also provide minor updates for the previously introduced

right and application type for new dwellinghouses in additional storeys on detached blocks of flats. We are updating the existing form to account for these. A fee is also being introduced (from 2 September 2020) for all Prior Approval applications that cover the rights to create new dwellinghouses. We have updated our consolidated fee schedule to include reference to this.

Changes to Use Classes Wholesale legislative changes determining how uses of buildings and land in England are classified will take effect (with certain transitional procedures and periods) from 1 September 2020. Effectively, it replaces the previous A (shops, services, food and drink) B1 (business) and D (non-residential institutions, assembly and leisure) classes by creating a new broader Class E (commercial, business and service) and two more specific F classes (1. learning and non-residential institutions; 2. local community). Due to the reclassification, a number of uses previously within Class A or D that don’t fit into the new E and F classes, and several previously undefined uses have been specifically excluded from classification and therefore become ‘Sui Generis’ (in a class of its own): • a public house, wine bar, or drinking establishment, • a drinking establishment with expanded food provision, • a hot food takeaway for the sale of hot food where consumption of that food is mostly undertaken off the premises, • a venue for live music performance, • a cinema, • a concert hall, • a bingo hall, • a dance hall. In making these changes, Government has also introduced a ‘material period’ that runs from 1 September 2020 until 31 July 2021 meaning that, for all the current Permitted Development rights (including those detailed above), the Use Classes in place up to the end of August 2020 will remain in effect until the end of this period. This also applies to any existing direction that restricts these rights. n

ACANews SEPTEMBER 2020

ACAPAG PLANNING REPORT ACA excellence in practice

Challenges and opportunities In anticipation of the then upcoming white paper, the National Planning Forum, of which ACA is a long-standing member, invited its members to articulate their visions for planning. Here’s ours

The Association of Consultant Architects (ACA) is the national professional body representing architects in private practice – consultant architects – in the UK. www.acaarchitects.co.uk

It is generally agreed that the English planning system is no longer fit for purpose and therefore unable to meet the challenges of the twenty-first century. A change in culture is necessary, from the present bureaucratic control and management of development to a forwardlooking visionary emphasis. This will require key revisions to process, but should retain the opportunity for better-focused stakeholder and community involvement. The crucial challenge today is to replace what many see as an over- bearing centralism with a more logical, flexible and responsive regime for managing how infrastructure and buildings are produced. Recommendations Big things, like airports and nuclear power stations, are for consultation White Papers and parliament to decide, while government policy should dictate regional things like motorways, housing allocations and national parks. This is effectively the PINS National Infra- structure system and the régime already does this. Mayors and local planning authorities should make plans and deal with locally strategic developments such as major sports stadia, transport interchanges, land releases for housing, green belt developments and new centres, all in accordance with the NPPF and a new land zoning system. The GPDO should be completely rewritten, as suggested some years ago by the Householder Development Consents Review, to determine development rights only on the basis of measurable impacts, supported by ‘deemed to satisfy’ guidance. The Use Classes Order should be simplified to focus on impacts rather than specific uses, again within a nationally agreed zoning system. The ACA has for many years promoted a Planning Manifesto with detailed reform proposals which we believe will change the system from a negative to a positive one and release skills and resources for a new injection of vision into planning. The revised system would work like this: • Development proposals that comply with Zoning Strategies, Local Neighbourhood Plans or the NPPF would be allowed as of right, with compliance certified by ‘Approved Agents’ who, as

ACANews SEPTEMBER 2020

with building control, can be officers of local authorities or professionals, but are appointed and paid by applicants. [The government has proposed a pilot scheme for this, which has not been taken forward although the legislation to allow it is in place.] Only if a proposal does not comply, would application be made to the local planning authority for determination by officers. Their decision may be appealed and determined by the Planning Inspectorate as now. The expansion of PD rights using a basic Prior Notification system, whilst a blunt instrument, is effective and should be used more widely, but objective criteria such as space standards should always be enforced through the Building Regulations, etc, not by complicating prior notifications.

Three levels of development • Three levels of development would be considered: i] Outline, ii] Full, iii] Approved for Construction. All would be approved by agents as outlined above. i] would involve a site plan and quantum statement to establish the principle of development and would in effect be an expansion of the Planning Permission in Principle (PiP) procedures already enacted; ii] would involve sufficient detail to determine whether the proposed development is buildable on its site. Building control will have to be consulted either by the planning department or preconsulted by the applicant to certify buildability in principle in accordance with building regulations. This consent may be subject to conditions and may call for the approval of reserved matters in the subsequent stage(s); and iii] technical proposals would have to satisfy detailed planning and building regulations requirements, usually on a ‘deemedto-satisfy’ basis which would rely on clear guidance with the option of a determination or appeal in exceptional cases (as

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now for Building Regulations approvals). [This works well in other countries, such as Spain.] • Local development plans would not be allowed to duplicate matters covered by other legislation (public health, access requirements, building regulations, etc), except where special local conditions apply. Moving technical issues such as housing standards into the Building Regulations and out of local/neighbourhood plans, to be enforced through Building Control, is essential. Only strategic decisions and clearly noncompliant applications need be considered by elected members, all others being delegated. Planning resources would be focused on plan making, zoning and keeping adopted local design policies up to date. • Approved Agents (who could be licenced by CIC, accepting qualifications used for PINS appeal inspectors or building control officers as now), in addition to planning authority officers, would be able to assess the impacts of proposals and only where these may harm other owners would they be obliged to follow a clear consultation procedure, modelled on the Party Wall Act (including provision for a 'third surveyor'). No such approval could override development plan policy. Planning officers or agents would deal with planning compliance, building and environmental regulations and party walls in an integrated way, with specialist input as necessary for matters like engi-

neering, traffic impacts and biodiversity. • On completion, Agents, Architects or other approved professionals not employed by the building contractor, would confirm that the development complies with certified proposals including the planning permission (which is not monitored today) and owners would have to notify the Land Registry with this information to be attached to the title deeds.

Summary Adding more layers to the seventy-year old planning regime has been unhelpful, especially when politicians claim to be simplifying things. The July 2020 changes to the use classes order and GPDO demonstrate this. The 2004 system for local plans has not worked out and needs to be fundamentally reviewed and updated, for example by the introduction of zoning, in the manner of the NPPF and national guidance. By contrast Neighbourhood Plans, Planning in Principle, Local Development Orders and Brownfield Registers have injected more local knowledge and sensitivity to the system: a new planning framework should be built around these existing structures. Otherwise, a clean sweep is essential and the clear structure set out above offers a way forward: transitional arrangements will keep planning lawyers well entertained. n

White Paper Zoom Seminar Monday 12th October 2020 5pm on Zoom • The Planning White Paper proposes major changes which are subject to consultation • The ACA will be submitting comments and we would welcome input from members • The ACA Planning Action Group will discuss our response. Whatever the result of the consultation, there will be changes to the planning system. The deadline for the ACA’s submission is 31st October - join us and get involved. • Local Plans to be simplified, adopted within 30 months • Community-led development standards proposed • Design codes to be a priority, design and place-making

emphasised • Areas zoned for Growth, Renewal or Protection throughout the country • More digitised planning processes and a national planning map • Community consultations streamlined, duty to co-operate removed • Infrastructure levies to be completely revised - no s106 agreements With many other proposals to be considered and questions to be answered. Download the White Paper at www.gov.uk/mhclg

Zoom access will be provided when you register by email to Alison Low: office@acarchitects.co.uk

ACANews SEPTEMBER 2020

ACAPAG PLANNING REPORT ACA excellence in practice

Guide to changes to the Use Cl

The new Use Classes Order, charted by Lichfields

Use Shop not more than 280sqm mostly selling essential goods, including food and at least 1km from another similar shop Shop

Financial and professional services (not medical)

CafĂŠ or restaurant

Pub or drinking establishment

Take away

Office other than a use within Class A2

Research and development of products or processes

For any industrial process (which can be carried out in any residential area without causing detriment to the amenity of the area) Industrial

Storage or distribution

Use Class up to 31 August 2020

Use Class from 1 September 2020

A1 A1 A2 A3 A4 A5 B1a B1b B1c B2 B8

F.2 E E E Sui generis Sui generis E E E B2 B8

Changes of use within the same class are not development. Use classes prior to 1 September 2020 will remain r The new use classes comprise:

Class E (Commercial, business and service uses),

Class F.1 (Learning and non-resident

ÂŠ lichfields.uk

lichfields.uk 12

ACANews SEPTEMBER 2020

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THE NEW USE CLASSES ORDER

lasses Order in England

Use Hotels, boarding and guest houses

Residential institutions

Secure residential institutions

Dwelling houses

Use of a dwellinghouse by 3-6 residents as a ‘house in multiple occupation’

Clinics, health centres, creches, day nurseries, day centre

Schools, non-residential education and training centres, museums, public libraries, public halls, exhibition halls, places of worship, law courts

Cinemas, concert halls, bingo halls and dance halls

Gymnasiums, indoor recreations not involving motorised vehicles or ﬁrearms

Hall or meeting place for the principal use of the local community

Indoor or outdoor swimming baths, skating rinks, and outdoor sports or recreations not involving motorised vehicles or ﬁrearms

Use Class up to 31 August 2020

Use Class from 1 September 2020

C1 C2 C2a C3 C4 D1 D1 D2 D2 D2 D2

C1 C2 C2a C3 C4 E F.1 Sui generis E F.2 F.2

relevant for certain change of use permitted development rights, until 31 July 2021.

tial institutions)

Class F.2 (Local community uses)

@LichﬁeldsUK

ACANews SEPTEMBER 2020

EMPLOYMENT LAW IN THE TIME OF COVID-19 ACA excellence in practice

Working from home – or living at work? Five lessons for employers and employees as we leave (?) lockdown…. writes Max Winthrop

Max D Winthrop, partner, Short Richardson and Forth Solicitors

Well, well done Rishi: the implementation of the Coronavirus Job Retention Scheme has been a rare (or quite possibly, unique) example of legislative competence from the current administration. However, on 31st of October the duvet is coming off the bed: employers will have nothing warming to wrap what may be a series of hard decisions that will need to be made to ensure their workforces remain viable. At the same time, the months since the start of lock down have been a massive learning curve for many, introducing new ways of working which are often more efficient and more productive than how we handled things before last March. And is employment law up to the challenge of coping with the new virtual workplace? Whilst it may surprise some who have had a bruising experience in the employment tribunal, the employment law in the UK is remarkably flexible, taking its cue from its foundation in the common law of contract. If you think employment law is problematic here, just try running a redundancy exercise in Germany or, even worse, the Netherlands. (Incidentally, when it comes to employment law it is one area when it is correct to think of the law as being British: for employment law purposes the discrete jurisdiction of England and Wales on the one hand and Scotland on the other can be thought of as one system – even the judges are periodically swapped between London and Edinburgh). That flexibility means that even with novel situations – such as the application of the CJRS or the adoption of home working – employment law can (usually) provide an answer to any given problem. So what sort of issues does the almost universal adoption of home working create? Working from home for many has only been possible because of the interconnected nature of work. 20 years ago, or perhaps even 10, working from home in the way we do now would have been impossible – certainly in the legal profession and I suspect in others too. However, the very technology that permits home working creates dangers for employers and employees alike. We already have guidance from tribunal case law on how to deal with the use – and abuse – of an employer’s computer systems, whether working from home or otherwise. Here are five lessons we can draw from existing cases which should be equally applicable to the post lock down world of work. In Scarlett and another v. Gloucester City Council ET

ACANews SEPTEMBER 2020

1401395/12 two employees used the internet for personal, rather than work related, purposes during working hours. They were dismissed for gross misconduct following an investigation that involved covert monitoring of the website they visited. The dismissal was found to be unfair. The employer had an informal custom in place that employees could make personal use the Internet outside certain core hours of 10.50am to 12.30pm and 2.00pm until 4:00pm. The employees had not sought to disguise their internet use from their manager who anyway took a “relaxed” approach to the use of the internet. Crucially too, the employers’ computer use policy allowed personal use of the internet, provided employees adhered to other requirements of the policy referring to common categories of misuse, none of which were present in the instant case. Not surprisingly, when the matter ended up in the employment tribunal, the tribunal's view was the before dismissal could be fair the employees should have been given warnings, and the opportunity to improve. The tribunal did, however, reduce the compensatory awards for 35 per cent for contributory fault, on the basis the internet use was unreasonable, just not enough to justify dismissal. The lesson here should be clear: it is common nowadays for employers’ to have social media and internet policies. These will lay down lines and specify the consequences of default – or they should do. If dismissal is contemplated then such a dismissal should have been clearly envisaged by the policy: if it isn’t, then there will be trouble in the tribunal for the employer.

Lesson No 1 – keep your policies up to date: there is a difference between permitting some use of the internet during working hours and no use. Boundaries of a different sort were in issue in the City of Edinburgh v Dickson UK EAT 003809. An employee accessed pornographic images at work – although, as with the Scarlett case above the principles adopted could be equally relevant to home working. The employee’s defence was that his conduct resulted from hypoglycaemic episode. The dismissal was held to be unfair: the employer had failed to properly consider or investigate the medical evidence, relying not on medical evidence as to what behaviour was likely during a hypoglycaemic episode, but on anecdotal evidence from an HR officer that accessing pornography during such an episode

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EMPLOYMENT LAW

was unlikely. That may or not be correct, but it wasn’t evidenced appropriately, and so the tribunal had been entitled to conclude the dismissal was unfair.

Lesson No 2: unfair dismissal is all about process: engage with the process on the basis of appropriate evidence, not on suppositions. Being able to vent might be considered to be a natural outlet for antipathy towards your employers. It doesn’t always follow that a natural human reaction of this sort will get much sympathy in a tribunal. In British Waterways board v. Smith UK EAT 004/15 an employee made derogatory comments about his employer on Facebook. The comments included “that’s why I hate my work for those reasons its not the work its the people who ruin it nasty horrible human beings” and “on standby tonight so only going to get half pissed lol”. The Facebook comments were in fact two years’ old. However, The EAT held that it didn't matter that the post had happened in the past, or even that the employers knew about the comments for some time before taking action. The comments were a clear denigration of the employers, and thus dismissal was justified (although the EAT declined to comment on Mr Smith’s inappropriate confusion of possessives with contractions). Lesson No. 3: Even in 2020 the law will recognise the employer’s right to protect their reputation and image in appropriate cases. At least the employee in Whitham v Club 24 ltd. t/a Ventura ET 1810462/ 10 added some style to the invective used on her Facebook page. She stated that “I think I work in a nursery and I do not mean working with plants”. When the employers discovered this, a dismissal followed. However, the tribunal did not find the dismissal fair: the dismissal of the employee was not reasonable in all the circumstances, and comments were “quite relatively minor” and there was nothing to suggest that the employer had suffered any embarrassment, or that its relationship with the key client had been harmed or jeopardised.

Further, the employers had failed to take into account the employee’s previous exemplary employment.

Lesson No 4: “reasonableness” is a very flexible concept in the hands on an experienced employment judge. All the features surrounding a dismissal – likely damage or lack of it, the employee’s record and whether it is a first offence or a fifteenth – need to be considered. Just how far an employer can probe behind the curtain of privacy into an employee’s activities is not necessarily an easy question. As many will know, the European Convention on Human Rights guarantees amongst other thing a right to a private life. Convention rights however only apply directly as between the citizen and the state. However, when an organ of the state – a court or tribunal – adjudicates it has to take those rights into account in its decision making. In doing so a tribunal will carry out an exercise in proportionality, interfering with such rights in certain situation. In Atkinson v. Community Gateway Association UK EAT 0457/12, the employee sent overtly sexual emails using his work email address to a woman with whom he was having a relationship. The emails came to light as part of a disciplinary investigation into mismanagement: the emails uncovered showed how Mr Atkinson had also encouraged the recipient to apply for a job with the housing association. The tribunal ruled that whether or not an employee can expect privacy to be respected is essentially a factual question, varying in each case with the circumstances. In the present case the tribunal found that the employee had no reasonable expectation of privacy. The use of the “private” emails in the disciplinary proceedings did not amount to an unjustified interference with Mr Atkinson’s private life. Lesson No 5: Strange as it may seem, the workplace – virtual or otherwise -is still the workplace. In most, but not necessarily all, cases the employee is supposed to leave their private life private – and can’t complain when they don’t.

Max D Winthrop Short Richardson and Forth Solicitors Ltd 4, Moseley Street Newcastle upon Tyne NE1 1DE 0191 232 0283 mdw@srflegal.co.uk www.maxwinthrop.co.uk

Providers of the ACA employment law helpline (see next page)

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ACA EMPLOYMENT LAW HELPLINE ACA excellence in practice

ACA members’ employment law helpline Announced at the AGM last autumn at Olympia, SRF – the leading employment law practice which is based in Newcastle – has entered into an agreement with the ACA to provide a helpline and a discounted advice service to members

The ACA has negotiated special rates for employment law advice with Short Richardson & Forth Solicitors Limited, a law firm based in Newcastle upon Tyne and Manchester but operating nationally: the members of the employment team regularly appear in Employment Tribunals and County Courts throughout England and Wales together with the Employment Appeal Tribunal and Central Arbitration Committee. As employment law is not governed by national jurisdiction issues the team also take case in the Employment Tribunal in Scotland, and the team can also advise on transnational employment rights. Employment, however, is not just about contentious tribunal work: special rates have also been agreed for contract reviews and for in house training sessions. How it works  ACA members have a special discounted rate for advice as per the table below;  ACA members are not charged travelling time other than

ACANews SEPTEMBER 2020

expenses;  ACA members get the benefit of a fixed price for types of employment work, specifically: 1. Staff handbook and contract review - £700 plus VAT; 2. One day hearings in the employment tribunal (usually, but not exclusively where you would be defending an unfair dismissal claim - £5,000 plus VAT; 3. Additional specific tailored training for individual members delivered in house – half day courses at £500 plus VAT. Advice Line The advice line covering all aspects of employment law will be provided to ACA members. In order to access the advice line the ACA member simply needs to contact one of the Firm’s members as listed here. A file will be opened for that Member and thereafter the Member will be able to discuss issues as and when they arise in the workplace. The Member would then be billed on a monthly or quarterly basis in accordance with the rates set out below.

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MANAGEMENT

Maintaining consistent profitability Robert Peake, Principal of Management for Design says scaling a design or engineering business is an exercise in deploying a finite resource (people’s time) against infinite potential (client solutions)

The main asset of a design or engineering business is the knowledge and skills of its people. Similar to the projects they deliver, the development and management of resources becomes increasingly complex as the business grows. It’s often said that project-based businesses become difficult to manage when all decision makers can’t fit around a conference table. In reality, scaling a design or engineering business is an exercise in deploying a finite resource (people’s time) against infinite potential (client solutions). The strategies used to manage the business aspect of this conundrum will ultimately impact growth and profitability regardless of business

size or whether the entire management team can fit in the same room. To ensure profitable growth by improving the use of resources and gaining tighter control of finances and performance, businesses need to consider the following:

1. Leverage How is the business structured in terms of the ratio between directors/principals and other client-facing employees? In design and engineering businesses in particular, business leaders are often client facing, specifically because it is their talent that is the face of a major project. To manage the spread >>>

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ACA excellence in practice

Scaling a design or engineering business is an exercise in deploying a finite resource (peopleâ&#x20AC;&#x2122;s time) against infinite potential (client solutions) >>> of chargeable hours across a team, businesses will often structure with a number of high-performing client facing employees who report to one director (as opposed to many), creating a layer of trusted and skilled employees who can spread the load of the chargeable hours created by any one client. 2. Utilisation How do design and engineering businesses maximise chargeable time while avoiding burnout? Utilisation can be increased by increasing the chargeable time of your higher performing and often higher charging peoRobert Peake, Principal, Management for Design

Inefficient use of resources and poorly defined business strategies are two of the biggest problems in design and engineering firms ple, however the ability of your people to take on these hours needs to be managed carefully. Design businesses often run into problems when their highest performers work an excess of hours because those hours are often the most profitable for the business. Avoiding burnout for your best performers is critical to business success. It can make more business sense to hire a new client-facing employee at a less senior level to take on more chargeable work than what could be achieved by top talent working overtime. Let go, and develop your people. This strategy will produce increased profits for the business without talent burnout.

3. Fees Should fees be determined by the firm or the market? The reality for design and engineering businesses is that fees are often driven by external factors, such as the competition in the industry and the rate the market will pay. Firms that are providing a differentiated service and product will demand

Design businesses often run into problems when their highest performers work an excess of hours

ACANews SEPTEMBER 2020

higher fees and are more likely to compete on a different level than price. They compete on the back of a superior or unique project offering for which clients are willing to pay the appropriate fee.

4. Remuneration Can a firm afford market rates for top talent, and if so, should it? While project-based firms certainly have control over what they pay their employees, businesses need to consider the external marketplace and what competing firms are paying for talent. In times of overall market growth, underpaying talent creates a risk that you might lose them to a competitor. Fostering and nurturing creative talent beyond remuneration can also go a long way to promoting employee loyalty and excitement for the job. If businesses can broaden the skills of their employees without stretching resources, they will reap the rewards. Inefficient use of resources and poorly defined business strategies are two of the biggest problems faced by design and engineering firms. Left unchecked, these issues cause businesses to miss out on increased efficiencies, higher engagement and morale among employees, and consistent profitability. Getting business efficiencies, strategies and systems in place and under control will stabilise your business and allow you to focus on what you do best. n â&#x20AC;&#x201D; Management for Design provides integrated business systems and services to the design industry across Strategy, Finance, Information Technology, Human Resource Management and Business Systems.

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THE ACA MANAGEMENT FOR DESIGN ADVISORY ACA excellence in practice

Business support for members At London Build Olympia late last year the ACA was pleased to announce a new partnership with Management for Design to provide financial and business management support services to members

Management for Design have studios and people based in Melbourne, Sydney, Brisbane and, more recently, London. Clients are located across Australia, New Zealand, South East Asia, Canada, and the UK. We solely work in the Architecture, Engineering and related Design and Planning Industries, across: • Business Start-up Advice and Toolkit • Business Management and Systems • Financial Management and Accounting • Strategy Development and Execution • Ownership and Leadership Transition • Business Performance Our focus is to ensure the foundations of your business — the people, the design, the systems and the technology — work together seamlessly to support and drive the performance of the business into the future. Our team, led by our Finance and Business Director -Sim Thirunesan - can take care of your everyday business management functions, from finance and accounting to systems, business management and human resources. We also provide specific tools, partnerships and an advisory service to assist you to run an efficient and highly productive practice. ACA members will now have access to: • An advisory service relating to Business Planning, Business Management, Performance and Business Systems • On-line access to the “Business Foundations Starter Kit” that provides essential guidance and recommendations for establishing and sustaining your business Benefits for members will also include: • Access to networking events e.g. “Growing your firm: Secrets to Success” • Advice on who to go to for external assistance” e.g. communications, accounting, legal, insurance etc. • Access to thought leadership white papers and articles We strive to nurture long term relationships with our clients that are built on integrity, expertise, commitment, and teamwork. Whether you recently started a business or have operated for years, we will advise you on the right way forward! Management for Design will be reaching out to you all to introduce ourselves and to elaborate on how we can help you to build and control your practice.

Read more about our work, relationships and approach at www.managmentfordesign.com The ACA MANAGEMENT FOR DESIGN ADVISORY SERVICE If you think you may benefit from advice and support in establishing and developing your business, please contact Management for Design by emailing Sim Thirunesan at sthirtunesan@managmentfordesign.com

ACANews SEPTEMBER 2020

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ACA excellence in practice

MANAGEMENT FOR DESIGN

Why Partner with Management for Design?

The essen�al business partner enhancing your performance Management for Design provides strategic, financial and business management services that maximise the poten�al of architects, designers, planners, engineers and other design professionals. By helping you to run your prac�ce efficiently, and assis�ng you to plan effec�vely, we free up your �me to focus on what you do best — building your business and crea�ng great design. This is what a partnership with Management for Design can mean for your business: Deliver

Achieve

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Experience

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Deliver a 20% proﬁt margin or greater for your business— 8% higher than the industry average

Achieve an average revenue per person 15% higher than the industry benchmark

Sustain 8% revenue growth year-on-year —double the AED industry average

Reach 12% annual proﬁt growth—well above the industry average

Experience a 22% reduc�on in average debtor days

We combine integrated systems, expert people and eﬀec�ve decision making, to create change that delivers superior performance. Our ﬁnancial and business management skills can maximise the poten�al of architects, designers, engineers, planners and other crea�ve professionals. We believe everybody should focus on excelling at what they do best.

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Access to exper�se ‘on tap’ across business independent and objec�ve advice

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Up-to-date commercial and ﬁnancial knowledge, backed by 50 years of combined experience

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LOOKING FOR OUR NEW C.O.O.

Opportunity for a new chief of ACA operations We are looking for a multi-skilled, multi tasker! Please contact our Director of Enterprise Alison Low at the ACA office for the job description. Or please pass the opportunity to someone who might relish the challenge of managing architects. ACA COUNCIL MEMBERS

Andrew Rogers AADip ACArch DipTP MRTPI DipEnv&Dev (open)

John Assael DipArch GradDip AA MSc RIBA FRSA, ACArch –

Andrew Rogers : Planning

CO-OPTED

Email: AR@andyrogers.demon.co.uk

Assael Architecture Ltd

Tel: 07841 538869

Email: johnassael@assael.co.uk Tel: 020 7736 7744

Derek Salter DipArch(Oxford) RIBA ACArch

AKA Architects Ltd

Francis Brown BA(Hons) Dip.Arch RIBA ARB ACArch MAPM

Email: derek.salter@akaarchitects.co.uk

Email: francisb201@btinternet.com

Tel: 07891 254773

Tel: 07985 960933

John Smith

Andrew Catto AADip RIBA ACArch – PRESIDENT, HON SECRETARY

JSA Architecture

Andrew Catto Architects Ltd

Email: john.smith@jsaarchitecture.com

Email: ac@andrewcatto.co.uk

Tel: 07810 566 125

Tel: 020 8785 0077

Brian Waters MA RIBA MRTPI DipTP ACArch - IPP

Richard Harrison Dipl Arch Poly ACArch

Boisot Waters Cohen Partnership

Email: richardlharrison@icloud.com

Email: brian@bwcp.co.uk

Tel: 07973 213426

Tel: 07957871477

Patrick Inglis MA(Cantab) DipArch ARB RIBA ACArch

Stephen Yakeley Barch RIBA AIA ACArch – CO-OPTED

HON TREASURER

Yakeley Associates Ltd

Inglis Badrashi Loddo

Email: stephen@yakeley.com

Email: patrick@ibla.uk.com

Tel: 020 7609 9846 Fax: 020 7609 9847

Tel: 020 7580 8808

Darya Bahram

Jonathan Louth BAHons DipArchM.St(Cantab) ACArch –CO-OPTED

SECRETARY GENERAL

Jonathan Louth Architects

Email: secgenaca@gmail.com

Email: architects@jonathanlouth.co.uk

Tel: 07710 058264

Tel: 020 7596 6628

Alison Low MA DipArch ACArch

Alfred Munkenbeck RIBA ACArch

DIRECTOR OF ENTERPRISE & ACTING COO

Munkenbeck & Partners Architects

Alison Low Architect

Email: alfred@mandp.uk.com

Email: alisonlowarchitect@gmail.com

Tel: 020 7739 3300

Tel: 07947 320298

ACANews SEPTEMBER 2020

QUIZ FOR QUARANTINE ACA excellence in practice

Still Working From Home? Here for one of those many distracting interruptions is a little quiz devised by Andy Rogers for you. Last time he challenged with British bridges; now heâ&#x20AC;&#x2122;s been travelling... see whether you can identify these bridges. The answers are on the next page. Have fun, stay safe and enjoy the tranquility!

ACANews SEPTEMBER 2020

www.acarchitects.co.uk

NAME THE BRIDGES 2

7 ANSWERS >>>

ACANews SEPTEMBER 2020

BRIDGE QUIZ ANSWERS ACA excellence in practice

How many did you get? Here are the answers >>> Number 1 The Puente de San Martín is a medieval bridge on the river Tagus in Toledo, Spain. It features five arches, with the largest in the middle reaching an impressive span length of 40 m. The bridge was constructed in the late 14th century by archbishop Pedro Tenorio to provide access to the old town from the west. Both sides of the bridge were heavily fortified with towers, the more recent dating from the 16th century. Number 2 Bank Bridge is a 25m pedestrian bridge that crosses the Griboedov Canal in Saint Petersburg, Russia. Like other bridges across the canal it was designed by Wilhelm von Traitteur and constructed in 1826. Number 3 Link bridge at the Museum of European and Mediterranean Civilisations (MuCEM: Musée des Civilisations de l'Europe et de la Méditerranée), in Marseille, France. The museum, completed in 2013, was designed by architects Rudy Ricciotti and Roland Carta. It is built on reclaimed land at the entrance to the harbour, next to the 17th-century Fort Saint-Jean and a former port terminal. The two sites are linked by this footbridge, 130 m (430 ft) long. Number 4 The Liberty Bridge, Budapest. Built between 1894 and 1896 to the plans of János Feketeházy, the bridge imitates the general outline of a chain-type bridge, which was considered an aesthetically

ACANews SEPTEMBER 2020

preferable form at the time of construction. The bridge was opened in the presence of Emperor Franz Joseph, and was originally named after him. The top of the four masts are decorated with large bronze statues of the Turul, a falcon-like bird, prominent in ancient Hungarian mythology. Number 5 The Alamillo Bridge, designed by Santiago Calatrava and constructed in 1992, is in Seville, Andalucia (Spain) and spans the Canal de Alfonso XIII. Number 6 The Elephant Gate Bridge, Copenhagen, Denmark. Completed in 1901, the Elephant Gate was part of a building complex for the Ny (New) Carlsberg Brewhouse, started by Carl Jacobson to compete directly with his father who owned the original Carlsberg Brewery. Number 7 The Elisabeth Bridge, Budapest, is situated at the narrowest part of the Danube and spans 290 m. The original bridge was built between 1897 and 1903, but along with all the other bridges of the city was blown up at the end of World War II by retreating Wehrmacht sappers. The slender white cable bridge was built on the existing bases in 1961–1964, to a simplified modern design and it is the only prewar bridge of Budapest that was not rebuilt in its original form. Number 8 Quartier Antigone in Montpellier, France designed by Ricardo Bofill in the “Grèce Antique” style between 1977 and 2000. n

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BOOK PREVIEW ACA excellence in practice

Collaborative construction ‘Collaborative Construction Procurement and Improved Value’ (Wiley, April 2019 £79.95) provides a guide to how proven collaborative models and processes can move from the margins to the mainstream explains author David Mosey

This review first appeared in Planning in London www.planninginlondon.com

Collaborative Construction Procurement and Improved Value provides a guide for project managers, lawyers, designers, constructors and operators, showing step by step how proven collaborative models and processes can move from the margins to the mainstream. It covers all stages of the project lifecycle and offers new ways to embed learning from one project to the next. Construction projects should always be a team endeavour, yet despite extensive evidence as to the benefits of collaborative working, most procurement models and contracts do not support teamwork but instead focus on the transfer of risk down the supply chain. This traditional defensiveness reminds us that organisations are obliged to protect their own interests, and it is important to examine the extent to which collaborative alternatives provide equivalent or improved legal and commercial protections. A collaborative procurement approach should comprise processes and relationships through which a team can develop, share and apply information in ways that improve the design, construction and operation of their projects. A collaborative approach should support team selection and team integration, and it should offer a fresh approach to legal and cultural issues that can otherwise reduce efficiency and waste valuable resources. This book explores the delivery of economic and social value through improvements in strategic thinking, team selection, contract integration and the use of digital technology. It analyses the processes and relationships of collaborative construction procurement throughout each stage of the design, costing, timetabling, risk management, construction and operation of any project of programme of work. It uses analysis, guidance and over 50 case studies to illustrate how collaborative approaches can be adopted successfully by any team in any part of the construction sector. Collaboration among individuals engaged on a project or programme of work is only made possible by integrating the differing needs and commercial priorities of the organisations who employ them. Knowledge is power, and the legal and commercial tests of collaborative procurement include: • Firstly, whether team members build up shared knowledge at a time when it can be used to improve project outcomes • Secondly, whether team members use that shared knowl-

ACANews SEPTEMBER 2020

edge to improve project outcomes rather than for their individual benefit. Many procurement models provide little time or opportunity for consultants, contractors, subcontractors, manufacturers and operators to integrate their work. Instead, these models attempt to fix prices without joint cost analysis and to transfer risks without joint risk management, often encouraging misunderstandings and disputes that lead to cost overruns, delays and defects. This book reviews the collaborative bridges that connect and integrate the work of different team members and that translate their aspirations into actions, plus a range of factors that may encourage or obstruct progress. New procurement models will not gain widespread support unless they offer benefits for all parties, and this book examines the ways in which procurement processes, digital technology and collaborative contracts can accommodate the differing aspirations and requirements of all team members. Collaborative Construction Procurement and Improved Value explores how collaborative team members are selected, whether collaboration needs a contract at all and, if so, whether a new type of contract is required to fulfil this role. It tests whether team members can integrate their work only by making non-binding declaration and the collaborative features of different standard form project contracts are compared. The new FAC-1 framework alliance contract and the TAC-1 term alliance contract, which have been adopted on £42 billion of >>>

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COLLABORATIVE CONSTRUCTION

New Prison North Wales for Ministry of Justice, cost: £156,923,058 (original cost estimate £212,200,000) New Build Prison Main contractor: Lend Lease Key suppliers: AECOM (Client Representative), Sweett Group (Cost Consultant and CDMC ), WYG (Technical Assessor), Capita Symonds (Architect),TPC Consulting (Civil and Structural Engineers), Hoare Lea (Mechanical and Electrical Engineers), Crown House (Mechanical and Electrical Specialist) SEE:http://constructingexcellence.org.uk/wpcontent/uploads/2015/12/Trial-Projects-NorthWales-Prison-Case-Study_Final.pdf

>>> procurements in their first three years, are examined in detail. Collaborative construction procurement needs to be sustained by personal relationships, and this book considers the different ways to create and support a collaborative culture. It also examines the potential for building information modelling (‘BIM’) and other digital technology to create new connections between team members, and to integrate the capital and operational phases of a project. Lessons learned from the case studies show how economic and social value can be improved. The different options available for costing, incentivising and programming a collaborative project or programme of work are assessed, as are joint risk The ACA works in collabomanagement systems and alternative ways to avoid or resolve ration with Professor David disputes. Mosey at KCL in the pubSix chapters have been contributed by leading practitioners lishing of PPC2000 and in Australia, Brazil, Bulgaria, Germany, Italy and the USA. They FAC-1 agreements describe how new approaches to collaborative procurement, contracts and BIM are adopted in each country, and they explore the different challenges arising in common law and civil law jurisdictions. Mark Farmer, author of ‘Modernise or Die’, commented that without ‘integrated working behaviours, the construction world will become an increasingly difficult place to work in. Reading this publication is a vital part of future-proofing yourself’. n

Some of the users of ACA’s FAC-1 framework contracts • Crown Commercial Service national and regional frameworks, including £2.8 billion consultant framework • Numerous local authorities and housing associations – the smallest being Southern Housing Group £7.5 million • Football Foundation – £150 million national changing rooms programme and £60 million mini-pitch programme integrating clients, contractors, consultants and suppliers • LHC £multi-billion national and regional frameworks aggregating client needs for schools/community buildings/ housing and specialist works/services • Kier – £54 million highways programme, contractor-led supply chain alliance with Surrey County Council SEE: UK and international ‘News and Users’ at

Ministry of Justice £157 million North Wales Prison case study using ACA’s PPC2000 form of contract Ministry of Justice have created a collaborative basis under the PPC2000 contract for the design, construction and maintenance of a 2,100 place prison on a site in the Wrexham Industrial Estate. They selected a team from their National Alliance and undertook a 38 week period of programmed early contractor contributions to design, risk management and finalisation of agreed costs. Ministry of Justice are applying lessons learned from their Cookham Wood Trial Project (https://www.gov.uk/government/publications/procurementtrial-project-case-study-cookham-wood).These lessons have enabled the North Wales Prison team to obtain additional benefits from the use of BIM Level 2 and greater contributions from Tier 2/3 subcontractors and suppliers, including a specific focus on local/regional SMEs. The team are also using the CITB Client -Based Approach to maximise employment and skills benefits from the project. The North Wales Prison project is trialling Two Stage Open Book, BIM Level 2, Project Bank Accounts and Government Soft Landings. The savings are drawn from the combination of Two Stage Open Book with BIM, including market engagement and tender meetings to help de-risk the early selection of an Integrated Team. Additional savings are drawn from joint design development and risk management during the timetabled pre-construction phase of the project. Key points: ➢Early appointment of consultants, main contractor and M and E specialist under MoJ bespoke framework alliance + PPC2000 ➢Agreed savings of 26% using supply chain collaboration + BIM ➢Local business opportunities and local employment / skills initiatives ➢Design innovations used by MoJ on other projects ➢Joint risk management avoided delays/ claims n

ACANews SEPTEMBER 2020

PROFESSIONAL INDEMNITY INSURANCE ACA excellence in practice

PII in a challenging market Four steps to managing your professional indemnity insurance in a challenging market Marsh Commercial has tailored a new PII policy for ACA member architects ¹An A rating for insurers is decided by rating organisations based on creditworthiness and financial performance. This is a marketing communication. Marsh Commercial is a trading name of Jelf Insurance Brokers Ltd. Not all products and services offered are regulated by the FCA (for details see marshcommercial.co.uk/info/regulatory). Registered Office: 1 Tower Place West, London EC3R 5BU

A rise in claims, in part driven by the Grenfell Tower disaster and the collapse of construction giant, Carillion, has seen professional indemnity insurance (PII) premiums increase and left fewer insurers willing to be involved in the PII market. This has had clear knock on effects for architects buying PII with many facing significant rate increases when the time comes to renew cover regardless of whether or not there has been a recent claim. What steps can architects take to help navigate these difficult conditions? 1 Expert advice: We recommend that you use an insurance broker that has specific expertise in PII for architects. A reputable broker should have access to A rated¹ insurers and will be able to leverage their insurer relationships to find you the right level cover at the best possible price. 2 Give plenty of notice: If you already have cover in place, please make sure you contact your broker well in advance of your renewal date (preferably 30 days). This will give the broker enough time to approach different insurers and source the right terms for you. The reduced number of insurers operating in the PII market means that the process is taking longer. 3 Protect yourself from potential claims: You will need to prove that your insurance has been in place continuously to protect yourself from possible future claims and demonstrate to potential clients that the cover is correct. Reputational damage will spread like wildfire if a potential client flags something in the insurance documents that excludes work you are pitching to win. 4 Rethink risky business: Carefully consider the percentage of work you do that’s deemed high risk, such as cladding/basement work. Make sure you disclose every element to your broker of a job – even the smallest aspect could turn into a

major issue. How can Marsh Commercial help ACA members? Marsh Commercial is one of the UK’s leading professional risks insurance brokers and is appointed by ACA’s Council to provide professional indemnity insurance to its members. Selected for our expertise in PII for architects, access to A rated insurers, and negotiating powers, we offer members cover that’s specifically built around their needs. Benefits include: • Automatic renewal facility (subject to criteria). • Capped excess. • Free tax advice helpline for you and on behalf of your clients. • Interest-free instalment facility (subject to insurer approval). • Dedicated claims team. • Free 24-hour legal and counselling advice helplines for all partners. What our clients say about us: “Like many practices, we have been shocked by the contraction of the professional indemnity insurance market in recent months with the withdrawal of our previous insurers and widespread refusal amongst those that remain to cover everyday works such as basements - even those completed some time ago. The ACA approved broker, Marsh Commercial, worked tirelessly to find us new cover in time to allow my practice to continue and I cannot recommend them enough.”– Andrew Catto, Andrew Catto Architects “Marsh Commercial was very helpful during the entire process of obtaining quotes and clarifying terms. Their quotes were competitive and they answered all our queries clearly and quickly. I would happily recommend Marsh Commercial to other architects.”– Dr John F Smith, Move Architecture Ltd If you would like Marsh Commercial to review your current PII or would like a quote, please get in touch with our dedicated ACA team on 0345 894 4684 or email ACA.Enquiries @marshcommercial.co.uk n

ACANews SEPTEMBER 2020

www.acarchitects.co.uk

NEW PLAN OF WORK

ACA overlay to the RIBA Plan of Work Our survey of members, much reported in BD and AJ, showed a high level of dissatisfaction with the ‘new’ PoW. Writing in the AJ on 8th March 2017 under the headline “Why the RIBA Plan of work could undermine the profession” Design Engine director John Ridgett wrote: “The 2013 plan lacks clarity, other consultants don’t like it, and we’re not careful another profession will usurp it”. ACA members are concerned that the new stages fail to recognise standard fee-claiming points, the nature of town planning applications and permissions and wrongly groups technical design tasks.

Just published, the ACA Overlay reconciles the familiar alphabetical stages with the numerical ones 3K3 5/7*RVDWQFP6RTVRT<WR (?.3R5/74RHFPURVBR%VQA

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The Association of Consultant Architects’ Stephen Yakeley, author of the ACA SFA, has produced this overlay in order to make the PoW more useful for conventionally procured projects. In particular, new work stage 4 is divided into three parts (corresponding to old stages e, f, g and h) in order to provide more interim invoicing and client review points. Also, as many architects carry out interior design, the tasks of procuring ff+e are shown. It will be folded into copies of the SFA appointment (though not part of it) and as a wall chart may be bought from office@acarchitects.co.uk.

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ACA CONTRACTS News & users: UK Government and in several translations SEE : http://allianceforms.co.uk

ACA Alliance contracts news March 2020 – over 30 central government departments and local authorities have signed up to the Crown Commercial Service FAC-1 construction framework alliances that were launched in January 2020 March 2020- the German translation of FAC-1 was launched by Dr Wolfgang Breyer at a conference hosted by University of Stuttgart February 2020 – London Borough of Southwark will be using FAC-1 to procure and integrate its £1 billion asset management programme February 2020 – The King’s College London Centre of Construction Law commenced the second phase of research with the Construction Leadership Council and the Department for Business Energy and Industrial Enterprise, exploring how FAC-1 and TAC-1 can be used to create long-term strategic appointments through which to attract investment in safer and better quality design solutions using modern methods of construction February 2020 – Oxfordshire County Council and Skanska have agreed to use FAC-1 in conjunction with the NEC Term Service Contract to deliver improved value through an integrated highways supply chain alliance and to align their zero carbon objectives February 2020- King’s College London Centre of Construction Law hosted 140 delegates who debated ‘‘BIM, Offsite Manufacture and the Future of the Construction Industry‘ . Speakers included Stuart D’ Henin who explained how FAC-1 is being used by Crown Commercial Service to create standardised modular solutions , and Dr Marina Romanovich who predicted that the new Russian translation of FAC-1 will be used as a BIM integrator in the same way as the Italian translation was used on the Liscate School project January 2020 – the £30 billion Crown Commercial Service construction framework alliances, using FAC-1 and with provsion for clients to set up their own FAC-1 sub-alliances, were launched in Birmingham to selected contractors and to prospective clients January 2020 – Professor David Mosey and David Sawtell posted a blog for Oxford University outlining how collaborative contracts such as FAC-1 can be used to improve the safety of high-rise projects by integrating the inputs from clients, users, consultants , contractors and specialists so that they can share, review and agree important design, cost, time and risk data prior to start on site December 2019 – The Greater London Authority has adopted FAC-1 as the basis for its London Infrastructure Alliance designed to integrate the streetworks undertaken by different utility companies in each London borough November 2019 – King’s College London and the Alliance Steering Group hosted a conference exploring the uses of FAC-1 in the UK and other jurisdictions, with a keynote speech by Dr David Hancock of the Infrastrucure and Projects Authority August 2019 – meeting at King’s College London of the Crown Commercial Service FAC-1 Consultant Alliance , in order to explore the full potential of the new £1.2 billion Crown Commercial Service FAC-1 Modular Framework Alliance August 2019 – Presentation of FAC-1 to Sellafield Limited and their supply chain members for their detailed review and consideration

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August 2019 – Signature of licence for Spanish translation and adaptation of FAC-1 for use in Peru to be undertaken by Eric Franco working with Universidad Peruana de Ciencias Aplicada , Univerisidad del Pacifico and the Peruvian Society of Construction Law August 2019 – Consideration of FAC-1 by the Greater London Authority as the basis for the an alliance among utilities providers and London boroughs to integrate and improve the efficiency of the work of their contractors July 2019 - announcement of 1st November 2019 conference ”Collaborating to Manage Risk and Delivery” , with keynote speaker Dr. David Hancock, Construction Director at the Infrastructure and Projects Authority June 2019- Launch of ‘‘Collaborative Construction Procurement and Improved Value’, published by Wiley and containing analysis of the research and pilot projects leading to FAC-1 and TAC-1, plus multiple FAC-1 and TAC-1 case studies, plus commentaries on the adaptation of FAC-1 for use in Brazil, Bulgaria, Germany and Italy, plus a guide to completion of the FAC-1 Framework Alliance Agreement and the other Framework Documents West Kent 20 year TAC-1 term alliance worth £150 million Central Bedfordshire £190 million TAC-1 term alliance with ENGIE for integrated asset management over 10 to 15 years Stevenage Borough Council term alliances with Mulalley and Wates under TAC-1 governing £45 million refurbishment programme Borough of Crawley £167 million FAC-1 framework alliance linking two TPC term contracts over 10 years to govern planned works, responsive repairs and voids, with open book costing and innovative measures of resident satisfaction Arun District Council £2 million per annum TAC-1 term alliance governing responsive repairs and voids May 2019- signature of licence with NACEC for Russian translation and adaptation of FAC-1 May 2019- signature of Onward in Liverpool of TAC-1 term alliance contracts with Fortem, PH Jones, Axis Europe and Warmer Energy Services for programmes of maintenance and gas servicing May 2019- Places for People conclude TAC-1 term alliance contracts for major investment works with Breyer Group , J Tomlinson and Bell Decorating May 2019- release of video case study of Surrey County Council/ Kier/ Aggregate Industries FAC-1 highways supply chain alliance on https://www.youtube.com/watch?v=ucX6TUoyZIA April 2019- publication of ‘Collaborative Construction Procurement and Improved Value’ by Professor David Mosey with co-authors in 6 other jurisdictions, including case studies and guidance on FAC-1 and TAC-1 April 2019 – award of FAC-1 modular frameworks with a projected value of £1.2 billion by Crown Commercial Service April 2019 – launch in Sao Paulo of Brazilian adaptation and translation of FAC-1 March 2019- release of video introduction to FAC-1 on https://www.youtube.com/watch?v=NmvETRmJFEE

www.acarchitects.co.uk

PUBLICATIONS GO TO: http://acarchitects.co.uk/publications

The ACA publishes a number of key documents used extensively by the building professions and within the industry. They are divided into the general sections below for clarity.

of each contract which contain incorporated amendments. A Scottish version of documents in the PPC suite is being drafted. There is a PPC2000 dedicated website at www.ppc2000.co.uk for further information on ACA/ACE suite of partnering contracts. To learn more about the range of projects that have been procured using PPC2000 and TPC2005 you can download the free publication which features 28 case studies: 10 Years of PPC2000

ACA Suite of Partnering Contracts ACA Alliance Contracts FAC-1 and TAC-1 ACA forms of Architectural Appointment Other ACA building related Contracts & documents The ACA recommends the following as best practice guidance: incorporation of terms by reference 1. Ensure you complete and sign an appropriate and current Standard Form of Agreement / Contract at the outset. This should prevent misunderstandings on what has been agreed. 2. Agree the scope of services within the Agreement / Contract with the Client. Clarify what is included and the cost. This should avoid the risk of unlimited liability 3. Consider the effect of any proposed amendments to the Standard Form and ensure you take appropriate legal advice. Avoid jeopardising good working relationships. 4. Ensure all terms of any agreement / contract are clearly set out and that none are “incorporated by reference” as these will not appear within what you sign. If necessary ensure terms of agreement are signed separately. Don’t waste time and avoid costly disputes

ACA Suite of Alliance Contracts FAC-1 and TAC-1 The current publications are: FAC-1 - Framework Alliance Contract TAC-1 – Term Alliance Contract Visit the dedicated website at www.allianceforms.co.uk for further information and detailed guidance. ACA Forms of Architectural Appointment The ACA produces two architectural appointments. The highly successful “ACA SFA – ACA Standard Form of Agreement for the Appointment of an Architect” and a shorter form of appointment contract “ACA98 – The Appointment of a Consultant Architect for Small Works”. ACA SFA 2012 is the current version of the ACA SFA which was originally published in September 2008. It has been updated to The English version is now available at £22 per copy or £20 per copy when two or more copies are purchased. A full sample ‘worked’ copy of the ACA SFA 2008 Appointment document is available to view at: ACASFA Taster ACA98 – The Appointment of a Consultant Architect for Small Works

The entire publications catalogue is available to view on the Publications Order Form page at www.acarchitects.co.uk with a short description of each, costs and their ISBN numbers. ACA Suite of Partnering Contracts, PPC2000, TPC2005 and SPC2000 and related Guidance The current publications are: PPC2000 (Amended 2013) – ACA Standard Form of Contract for Project Partnering TPC2005 (Amended 2008) – ACA Standard Form of Contract for Term Partnering SPC2000 (Amended 2008) – ACA Standard Form of Specialist Contract for Project Partnering SPC2000 Short From (Issued 2010) – ACA Standard Form of Specialist Contract for Project Partnering STPC2005 (Issued 2010) – ACA Standard Form of Specialist Contract for Term Partnering Guide to ACA Project Partnering Contracts PPC2000 and SPC2000 Guide to ACA Term Partnering Contracts TPC2005 and STPC2005 Introduction to Pricing Under PPC2000 Introduction to Pricing Under TPC2005 PPC(S) – Scottish Supplement to PPC2000 If you are starting a new building project, you should use the latest versions

Other building related Contracts and documents The ACA produces other documents including: ACA Form of Building Agreement ACA form of Subcontract ACA Certificates for use with ACA Building Agreements. Architects, Chartered Architects and Architectural Derivatives – A guide to who should help with your building project: To help your clients understand the difference between architects, architectural technicians, architectural technologists and other classifications of design professionals, the ACA in collaboration with the ARB, CIAT and RIAS have produced an information leaflet which can be downloaded from Consumer information leaflet DOWNLOAD version. Tasters More complete descriptions and some ‘Tasters’ of the main ACA documents may be viewed on the ‘Tasters’ pages. Order documents via the website on the Order Form or call the ACA office. If you are ordering more than five copies of any publications, or are ordering from overseas, please contact us to arrange for a bespoke shipping quote and discounted costs on the publications. Please see our terms and conditions of trading ACA Publication purchase T & Cs

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