ISSUU edition ACANews MAY 2021 by brianwaters1

News ACANews MAY 2021

A new RIBA fee calculator and the ACA alternative In pre-Thatcher times, the RIBA published fee scale graphs, writes Alfred Munckenbeck. These began at a construction cost of £20k and ended when costs rose over £5m. Since 1975 construction costs have escalated by a factor of about 10. The RIBA never updated its charts and by all accounts they were not based on properly collected data. Now, fast forward to 2021 when the profession is clamouring about chronic underpayment and the RIBA is shortly to release what they call a “Fee Calculator” for architects. One would expect this to help solve the conundrum of convincing clients of the value of decent fees. Instead, it is an in-house calculator for architects who are challenged with basic arithmetic, will only be available to Chartered Practice members and will cost them a further £90. Its author considers it good value. It should be available next month. The calculator works a bit like a conversion tool on the internet. You input some numbers and it does the arithmetic. In this case, you input your rent, rates, other fixed costs, staff and partner costs and how many hours each staff member will need to carry out each stage of the job. Since no firm wants to proceed on basic cost alone, it asks for a profit margin. The author proudly declares it does not use "charge out" rates. It then, all by itself, multiplies your staff rates times the time per stage and presto, out the other side pops the lump sum fee you could charge for each stage. It seems extraordinary to me that any office would be so innumerate as to need to pay for a special product to multiply cost by hours rather than using a common

GLASS ART Working with glass art and glass artists - Jonathan Louth Page 8

QUIZ for dreams of foreign travel page 8

MANAGEMENT Business foundations page 15

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excellence in practice

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FROM THE PRESIDENT ACA excellence in practice

From the President ACA President, Andrew Catto

There have been downsides beyond the lack of social contact but there’s certainly still work out there says Andrew Catto

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Like most of you I have been working from home and seeing my team only on line since March last year, but at last I can look forward to getting back into the office and talking to them face to face at least some of the time. Creativity thrives on that face to face contact as does the development of a distinct practice ethos which in turn is your USP for getting more work. Although we know that some firms specialising in healthcare and hospitality are suffering along with their clients from the uncertainties of lockdown, there’s certainly still work out there for my mainly residential practice and most others. The new realities mean that even if past clients aren’t building as they used to, it may be good to ask them about repurposing what they have, or adapting their existing buildings to work for long term (anti-)social distancing. Architects should be grateful for the speed with which the wider construction industry got back on site a year ago, which in turn encourages our customers to see that change remains possible, and in some cases essential. Of course there have been downsides beyond the lack of social contact. The last year has been the first when we have been unable to accommodate a Year Out student in the practice because of the limitations of on-line life. But let’s not forget we all individually benefitted from this once and vow not to lose the next generation, particularly as the alternative option of bringing in staff from overseas becomes more difficult. Meanwhile, when you thought they would be

ACA Secretariat Secretary General Darya Bahram

Director of Enterprise Alison Low

too busy, yet more changes come from a government (or I suspect from one particular minister) who seem determined to keep tweaking the planning system until this magically provides the new housing they keep promising to build (but won’t pay for). I for one am really grateful to ACAPAG and the indefatigable Andy Rogers for keeping ACA members up to speed, with five changes to the GDPO alone in 2020 – for the latest instalment on these and looking ahead to the bigger reforms promised in last year’s White Paper. The other continuing concern for consultants across the whole industry is the escalating cost of Professional Indemnity Insurance. Many thanks to or insurance partners Marsh for their recent CPD seminar on ways to prepare for your renewal in what is still a difficult market, some the fault of the industry and some for wider reasons. See page 28. I will finish with a reminder about the ACA’s range of contracts and appointment documents. We may not have been set up as publishers but the success of the ground breaking Partnering and Alliance suites in particular go a long way to paying for your free membership. The original ACA SFA (Standard Form of Appointment) was born when we could not get the RIBA to take what we felt were provisions unfair to architects out of their appointments forms; it continues to be updated. If you don’t use these, please take another look or at the fully revised and renamed small works appointment coming very soon. See the full list on page 35. n

Chief Operating Officer Melanie Hern office@acarchitects.co.uk

ACANews MAY 2021

@ArchitectureACA @ppc2000 LinkedIn: The Association of Consultant Architects

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CONTENTS

Page 1 A new RIBA fee calculator and the ACA alternative 3 Contents 4 page 1 continued 5 Architect time costs as a percentage of construction costs 6 ACAPAG planning report Changes to Permitted Development in force - Andy Rogers 8 Glass art Working with glass art and glass artists - Jonathan Louth 12 Jobs in the gig economy The law is keeping up with challenges posed by the gig economy - Max Winthrop 14 ACA members’ employment law helpline 15 Management Business foundations 19 Business support for members 21 ACA COUNCIL MEMBERS & OFFICERS 22 Quiz for dreams of foreign travel 24 Answers – Andy Rogers 25 Independent review of construction frameworks - Darya Bahram; LETTER Design codes are useless 27 Gallery: Ones that got away! BWCP 28 Professional Indemnity Insurance in a challenging market 28 ACA overlay to the RIBA Plan of Work 32 Question Time Robert Peake interviewed by Melanie Hern 34 ACA CPD events

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35 Publications

ACANews MAY 2021

FEE CALCULATIONS ACA excellence in practice

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Alfred is a member of both RIBA and ACA councils

spreadsheet. More to the point, how could this in any way help convince clients of the rectitude of your fee. If you showed the calculator to your client, you would be basically saying "please pay me in order to defray my costs which I have carefully inputted….and, I am very sorry, but you also have to pay me a x per cent profit on top". As it happens, this is the way a QS would calculate a contractor’s tender so it seems the RIBA now believes that if our profession priced our services more like contractors, we would have a better time with fee negotiation. In fact, the historic RIBA fee scales are still in use, despite being hopelessly overtaken by inflation, because there is no other guidance for percentage fees. For time-based fees, you still must use charge out rates based on time sheets. The RIBA calculator is only a way to formulate a basic lump sum fee but woe betide you if your time estimates per stage are too high or too low! You either lose the job or go bust. It gives no guidance whatsoever on reasonable time allocation and a client is free to query the time projections and profit margins you use. The ACA has prepared a guide to fees which comes from the opposite approach. It is based on data collected in collaboration with the AJ from over 100 projects from about 20 member architects’ offices showing size of job and man hours required to complete. This helps firms understand what resources others in their position had to allocate. Once you have established the link between man hours and construction size you can calculate the percentage fee that would be required to achieve a chosen earnings per man hour. For example, if you know that it took 3000 man-hours to design and provide the full service for a £2m project you can work out the percentage fee that should have been charged to earn an acceptable hourly rate.

ACANews MAY 2021

If you need to earn £60 per man hour, you require a fee of £180k. For a job of £2m, that would be 9 per cent. In this way a graph was produced with resultant percentages located as dots. A line was drawn averaging the dots which represented an updating of the traditional recommended fee graph. Our graph would achieve £60 average per man hour – which is a pretty marginal rate. If more is required, simply increase the percentage accordingly. The graphs can be issued to clients to show what other successful architects have been charging to achieve a decent result and a living wage. It would be a realistic commercial fee because it is based on time taken on actual projects. The client would be able to see that a certain percentage would be commensurate with what any other architect would need to charge. It is based on real data rather than an arbitrary guess. The results were surprising for several reasons: 1 The graph line was not a smooth curve. Small jobs can be done reasonably profitably for the same or lower percentage than midsized jobs, doubtless because midsize jobs required a step up in administrative process. Very large jobs, however, can be done for lower percentages due to economies of scale. 2 Design works to existing buildings of similar cost took no more hours than new build and in some cases less. This is because with an existing building a large portion of the construction details of the external shell already exist and therefore do not need to be designed, only restored. The premium assumed by the old RIBA fee charts for existing buildings was a myth. On the chart ‘x’ represents existing buildings and ‘n’ represents new build. The blue line is an average. Feel free to use it! n

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ALFRED MUNCKENBECK

Architect time costs as a percentage of construction costs *

Architect time costs as a percentage of construction costs ‘x’ represents existing buildings ‘n’ represents new build. The blue line is an average. *The percentage is based on an average team charge-out rate of £60/hr; adjust prorata to get an appropriate fee percentage for the full architectural service

ACANews MAY 2021

ACAPAG PLANNING REPORT ACA excellence in practice

Changes to Permitted Development in force Andy Rogers brings us up to date on ongoing planning changes

These proposed changes to the planning system came into force on 21st April: • commercial buildings (in Class E for two years) up to 1,500 sq m that have been vacant for at least 3 months can be changed into residential homes using new permitted development rights, subject only to prior approval; and • public buildings, including schools, colleges, universities and hospitals, will be able to build additional facilities more easily using a new fast-track approval system. These changes follow a series of recent measures previously reported, including: • relaxation of planning rules to allow pubs and restaurants to operate as takeaways; • setting up outdoor markets, marquees, summer fairs, etc without needing any planning applications; • longer retail opening hours to give shoppers more flexibility and ease transport pressure; and • extension of temporary pavement licence provisions to facilitate alfresco dining. The change to residential will be allowed from 1st August 2021, when in addition: • existing permitted development rights for ports will be amended so that they have the same freedoms as airports; and • removal/alteration of unlisted heritage assets (such as statues, memorials and monuments) using permitted development rights will be subject to “due planning process and proper consultation”. The Government has failed to extend the regulations that allowed planning committees (and indeed other public local authority procedures) to be held online, without the requirement for physical attendance, beyond the expiry date of 6th May. This decision is, at the time of writing, subject to legal challenge*, but could mean that planning committees have to be either postponed and/or completely revised (for example, moved to larger venues to allow social distancing). It has been pointed out that elderly councillors will not be at all keen to attend crowded or controversial committee meetings, while younger case officers and planning applicants will not have been vaccinated before 6th May. ACAPAG responded to the Government’s consultation on proposed amendments to the NPPF, which are in general

ACANews MAY 2021

designed to reflect changes to the housing delivery target system and the building better building beautiful report, and the National Model Design Code. Our comments were mostly supportive, but we suggested there should be more commentary on the difference between (generalised) design guides and (specific) design codes: the two terms seem to be used interchangeAndrew Rogers is ably, which is confusing. We Chairman of ACAPAG and a also proposed some attempt fomer partner in the Manser to define "beauty" (ie "good Practice design") as required by the documents, in terms of scale, vision, coherence and consistency. We asked for more emphasis on flexibility and proportionality in the preparation of design guides and codes and were concerned that there will not be adequate resources in local planning authorities to prepare good quality codes: there is danger that innovation and specific local knowledge could be lost. We recorded our support for properly-qualified local design review boards in preference to design codes that may not be sensibly applied and/or used too rigidly - especially by hard-pressed case officers that are not trained in design. Finally, while The London Plan was finally adopted in March (and at 542 pages is a very comprehensive Local Plan), the Environment Bill has yet again been deferred. n

* STOP PRESS * STOP PRESS On 28 April the president of the Queen's Bench Division, Dame Victoria Sharp, and Mr Justice Chamberlain dismissed the application ruling that the 1972 Local Government Act requires councillors to be present to make decisions. The RTPI’s chief executive Victoria Hills has asked Government to introduce primary legislation as “a matter of urgency” to allow virtual meetings to continue while also exploring how a hybrid model could operate.

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Changes to Permitted Development Rights General Permitted Development etc. (England) (Amendment) Order 2021 This Order amends Part 3 to the GPDO to introduce a new class MA, being a right to change the use of premises from commercial, business or service purposes to use as dwellinghouses. It also amends several existing rights. Article 6 of this Order amends Part 3 (changes of use) of Schedule 2 to the GPDO to introduce a new class of permitted development (Class MA), being a right to change the use of premises from commercial, business or service purposes to use as dwellinghouses. Article 9 amends Class M (extensions etc for schools, colleges, universities and hospitals) of Part 7 (non-domestic extension, alterations etc) of Schedule 2 to the GPDO. It expands the existing permitted development right in respect of schools, colleges, universities and hospitals to allow a wider range of development, and brings certain prisons within the scope of the right. The provision also introduces a requirement to apply to the local planning authority for determination as to whether the authority’s prior approval is needed in respect of proposed development of university buildings. Article 10 amends Class B (dock, pier, harbour, water transport, canal or inland navigations undertakings) of Part 8 (transport related development) of Schedule 2 to the GPDO.

It expands the existing permitted development right to allow development on operational land at a port in connection with the provision of services and facilities. In addition it introduces a requirement to consult the local planning authority in certain circumstances. Article 11 amends Class B (demolition of buildings) of Part 11 (heritage and demolition) of Schedule 2 to exclude from the existing permitted development right the demolition of certain commemorative structures that have been in place for ten years or more. Article 13 makes minor amendment to the Town and Country Planning (Use Classes) Order 1987 to clarify the scope of an existing use class. Article 14 makes minor amendment to the Town and Country Planning (Compensation) (England) Regulations 2015 to add Class MA to the list of development prescribed for the purposes of subsections (2A)(a) and (3C)(a) of section 108 (compensation where planning permission granted by development order is withdrawn) of the Town and Country Planning Act 1990. Article 15 makes transitional provision, particularly to ensure the continued effective operation of directions made by local planning authorities under article 4(1) of the GPDO restricting development permitted under Class O which will be permitted under Class MA.

Feature your projects in the next ACANews GALLERY OR ‘Ones that got away’ – see page 27. Just email images and a short story or caption to Melanie at office@acarchitects.co.uk with the subject ‘For ACANews’.

ACANews MAY 2021

GLASS ART ACA excellence in practice

Working with glass art and glass artists Jonathan Louth considers Place and Purpose for glass art, drawing on ecclesiastical examples

RIGHT: Fig 1 - all captions are in the text

This article by Jonathan Louth is an edit of a talk given as one contribution among others at a webinar entitled “Artist, Art Consultant and Architect: Different Perspectives” for The Glaziers’ & Architects’ Companies in March, SEE https://www.youtube.com/c hannel/UCAu_yeIDWd054E5dsVr YQJw

1. INTRODUCTION Architects are well placed to encourage clients at the outset to find both Place and Purpose for glass artists. Whilst some architects’ works are so coherent you might not want to add another artistic strand into the mix, some are so stubborn, I think the client should go and get a better one. In considering Place and Purpose for glass art; drawing on ecclesiastical examples, I want to look at impact and significance, and then at some selection criteria. 2. IMPACT & SIGNIFICANCE Windows interpose themselves between inside and outside: At St George’s RC Cathedral in Southwark, they reinforce shared narratives of belief. An ‘allegorical’ window, say Mary’s Coronation in Heaven [illustration 1. Harry Clarke Studio], might distribute narrative elements into each lancet and decorative patterns in the foliate segments. A crucifixion ‘story’ window [2. Harry Clarke Studio] might show a crowd gathering at the cross on a stylized yet real earth, beneath a stylized yet real sky: above, the foliate segments can contain symbolic objects, all well known to the worshippers. A papal ‘visit’ window [3. Goddard & Gibbs Studio] achieves four objectives: history below, of a healing service; narrative above, of Jesus healing the lame and the blind; symbology of the Holy Spirit, at the top; and commemoration of Pope John Paul II at the bottom. Neither allegory nor narrative at Catford St Laurence [4. T Carter Shapland], an octagonal clerestory envelops the congregation in coloured patterns, continually emphasizing communal

ACANews MAY 2021

enclosure at the altar whatever the natural conditions, day or night. York Minster’s mediaeval Great East window [5. John Thornton, website image YorkGlaziersTrust] tells many stories, one allegory in every pane: Cologne Cathedral’s North Transept

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JONATHAN LOUTH

window [6. Gerhard Richter, image courtesy of Barbara SchockWerner] represents apostles and saints. Yet both are subservient to a vestigial purpose, connecting an earthbound interior with an ethereal, external realm. Conversely, Coventry Cathedral’s “West Front” [7. John Hutton] creates internalexternal, earthly-heavenly connections: his saints & angels, carry no colouration as they patently emphasise links between the rebuilt interior and the much-loved mediaeval ruins beyond. Coventry has a canopy, reducing glare, but elsewhere, with just a clear screen, the daylight can create glare which artists mitigate with medallions of colour, heraldic arms, institutional emblems, or allegorical symbols: • for example, Regimental insignia at The Guards’ Chapel [8. J R Clayton Studio] • or Marian titles at St George’s Roman Catholic Cathedral [9. W James & Co Studio] • where, for St Patrick, the symbols record the four Provinces of Ireland • and where, for St Oscar Romero, my 5.3m reliquary cross decorated by Fernando Llort [10. El Abro del Dios studio] was conceived as solid stained glass. On a similar, intimate scale, The Good Shepherd [11. Martin Travers, website image OpenHouseLondon] at Holy Cross, Kings X takes his place at low level in an aisle, a point of devotion synonymous with statues: whilst semi-clear glass, in an adjacent alcove, symbolically connects the chapel with its mother shrine at Walsingham.

3. SELECTION CRITERIA In considering some selection criteria, the host window always prescribes a structural grid. • At St Laurence, the window pattern itself becomes the grid [12. T Carter Shapland]. • At York Minster, every pane tells a story within the grid. • At St George’s, for the Order of the Holy Sepulchre [13. Goddard & Gibbs Studio], the design carries the story across the structural grid. Helen Whitaker’s windows bind her imagery into the grid: at Bishopsgate St Ethelberga’s [14. Barley Studio, image courtesy of the artist] even the ferramenta bars outside take part in her composition. Ben Sinclair at Bourne Junior School [15.

L to R: Figs 3, 4&5

Norgrove Studios, website image] removes the window frames, then out-sizes his imagery right across the grid. Artists making sense of narrative and grid are relevant; but the context always follows other artists or will be followed by them, such as Victoria Rance’s later encompassing back-lit “Comforter” steelwork encircling the original illuminated cross [16. T Carter Shapland]. Hence, selecting an artist for the clients’ plans should consider their empathy, sympathy, tolerance & compatibility towards the donors, users, and visitors. I now turn attention to technical issues and preservation of architectural art glass.

ABOVE: Fig 2

BELOW: Fig 6 BOTTOM: Fig 7

4. THE PRACTICAL Above I considered criteria for selecting glass artists and the design brief. Here I shall show some technical problems that arise after the glossy photos are published, and briefly offer a case study how we preserved some glass by circumventing the many inherent problems. 5. TECHNICAL ISSUES I do like traditional leaded lights: they warn you they are sick long before they fail. Keeping them clean helps, since it shows the leaching of calcium deposits across the glass as and when the putty deteriorates. Already in 1992, a predecessor architect at St George’s Cathedral, Austin Winkley recorded buckling of Mary’s corona and other panels [17. Harry Clarke Studio]: not till 2014, did I need to identify them and have the window re-built. We had the window dismantled and re-built the panels on the workbench. Then we re-installed each panel [18. Chapel Studio] and mortar-filleted the vulnerable joints between the stone rebates and the glazing. York Minster could afford Ultra Violet protective glazing in

ACANews MAY 2021

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GLASS ART ACA excellence in practice

BELOW: Figs 11, 12, 13 & 14

>>> the original stone rebates [19. Lamberts.de, website image], resetting the mediaeval glass inside, stabilizing temperature and moisture both sides with an air gap. I do worry about Cologne where Gerhard Richter’s many tiny panes are bonded to a glass carrier sheet, the joints being then silicon-filled: having no retaining leadwork, they might easily drop out once the nonsetting silicon ultimately shrinks. Dalles de verre are inherently tricky: • dark glass blocks over-heat with sun, • smooth-edged blocks slip inwards with wind, • the mortar matrix splits with expansion-contraction: • then flora and fauna take up residence. None of the four types of dalles de verre, resin or cement matrix with or without metal or fibre mesh, are very durable. At Derby St Alkmund [20. image courtesy of the Parish], the panels comprehensively failed, buckling out of their slender support frames and breaking the matrix itself. Once your panels land on the grass in a shattered heap as at Hillmorton English Martyrs [21. Jonah Jones Studio, web image sceneandword.org] there is no way back except plain glazing.

L to R: Figs 8, 9 & 10

BELOW: Figs 15 & 16

6. PRESERVING THE ART So, briefly to entice you back to read more detail via the Glaziers’ YouTube Channel, we tackled all these problems in one case study for Catford St Laurence. We set up sample plain glass outside one set of windows: tell-tale chalk marks and collection channels [22.] soon clarified that the water inside was rain, not condensation. The concrete mullions regularly fail [23.]. As their steel rods rust, they expand: each rust layer literally up to 10 times its own thickness [24.]. After comprehensive work, we needed to stop rainwater hitting them to prevent a decade-for-decade cycle of repair. After samples, studies, and photos, we settled on normal float glass: one pane to each panel, with a gap around and behind providing thermal buffering, rain-screen and ventilation [25.]. RIGHT [26.], you see the unrestored clerestorey and, LEFT [27.], the clerestorey with environmental protective glazing, replete with a sedum green roof, reducing rain splash and solar reflection onto the clerestory. Some lessons arise from the case study at Catford St

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JONATHAN LOUTH

Laurence. Our team did usefully take up contact with ARME and with Purcell about their rather more extensive research going on respectively at Coventry cathedral and at Liverpool Metropolitan cathedral (with the polymer adhesives department in the Adhesion Institute of the Technical University of Delft). I touched briefly in the body of the article on the differing matrix mixes - cementitious with or without resin additives, and reinforced or not, and whether with wire or fibre. Now, soon, someone needs to fund an invasive study of the windows that have lasted, undertake SEM (spectroscopic) and Wet (chemical) analysis of the matrix, and establish what amount of which type of reinforcement has performed best: then Historic England, C20 Society, Concrete Society et al. can publish some further definitive guidance. At the moment, I do not think any of us are confident about injecting/bonding the cracked matrix versions that have failed: hence my solution for a tiny parish church with relatively modest grant funding is to "stabilise and protect". Alongside the technical studies I have undertaken, it is already clear that glass artists should. . . a. nibble all edges of the dalles de verre blocks and not use the smooth surface straight out of the mould, b. round off the glass corners and not set blocks with sharp angular corners, c. consider a matrix pattern that geometrically evens out the weakest points [smallest widths] between blocks, d. then definitely incorporates a rust-resistant reinforcement, e. and also ensures there is a bit of “give” for thermal movement in the shuffle-fit to the carrier mullions and transoms. Further to which, I think we can learn something from the Richter/Derix silicone solution: I explained briefly that each pane is bonded clear to the carrier sheet then jointed black to the edge of its neighbour with the non-setting silicone system. I reckon, if one ‘buttered’ the nibbled glass edges of the dalles de verre blocks with a non-setting material, then cast the matrix around the blocks, there would be that bit more "give-andtake" as the different depths of colour take up solar gain variably: we found at Catford St Laurence that the majority of those blocks which splintered on their face are the dark blocks, from which we surmise there to be an extra crushing force if those expand against the matrix material. n

ABOVE: Figs 17, 19 & 20 RIGHT: Fig 18 BELOW: Figs: 21, 22 & 23 BELOW RIGHT: Figs 25 &25 and Figs 26 & 27

Jonathan Louth BA(Hons)Arch DipArch MSt(Cantab)IDBE ARB RegArch DAAD–Stipendiat ACArch AABC FRSA ArConsulting Development Advice from an Architectural Perspective. Conservation and Consultancy for the Built Environment. Cathedral House, Westminster Bridge Road, London SE1 7HY, UK Tel. +44 (0)20 3137 2969

ACANews MAY 2021

JOBS IN THE GIG ECONOMY ACA excellence in practice

The law is keeping up with challenges posed by the gig economy There is always a risk, where the documentation drifts from the simple reality of the transaction, that the law may step in to re-align the parties’ bargain, says Max Winthrop

Max D Winthrop, partner, Short Richardson and Forth Solicitors

Let me start this month with a confession: when the Supreme Court was originally set up, under the Constitutional Reform Act 2006, I was inclined to the sceptical in my view of its utility. Now though I see not just the merit in its creation – showing amongst other things the formal separation of powers – but also value of the judgments that it has handed down since it first sat in October 2009. Many have been controversial, particularly the Miller cases on the exercise of the prerogative, but as well as the controversial the Supreme Court can justify its creation on the strength of definitive guidance given in a wide variety of legal topics. In the past, employment law was a little bit of a Cinderella topic. Its leading theorists still lived in a world where legalising the employment relationship was an anathema: they believed that the employment relationship was best governed by rules concerning collective bargaining not individual rights. Over the years collective issues concerned with trade union rights have been superseded by the primacy of individual rights based on unfair dismissal and discrimination principles. The old Judicial Committee of the House of Lords reflected this bias and was slow engage with the challenges of new rights: prior to 2009 and was a tiny handful of cases in the field of individual employment law. Now things are very different and in recent weeks the Supreme Court has given us three exemplary decision - on employment status in the gig economy, the application of the National Minimum Wage Regulations and the likely spread of equal pay litigation to the private sector. One constant that I've had throughout my legal career is the question of how to define an employee. Employment status is the gateway to a range of rights - from protection from unfair dismissal and redundancy payments - but its definition has never been straightforward. Originally there was a straight either/or division between being an employee of being self-employed, but since the 1990s the halfway house of “worker” status has been added – no right as regards unfair dismissal or redundancy, but rights to, amongst other things, the National Minimum Wage and holiday pay. Both “worker” and “employee” definitions can be found in section 230 of the Employment Rights Act 1996. You might think

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that such a fundamental question - affecting both employment rights and tax treatment - would be covered by clear definitions, but if you thought that you’d be wrong. The definitions can be found in various statutes but they follow more or less the pattern set out in the Employment Rights Act 1996. “Employee” is defined by section 230 (a) and “worker” in 230 (b) - hence the reference to “Limb (a) and Limb (b) in some of the case law and commentaries. A “worker” is defined as someone who has entered into or works under “… any other contract whether express or implied…whereby the individual undertakes to do or perform personally” provided that contract is not one which creates a client/ customer arrangement. Consequently, of course, arrangements which look like a professional supplying services to a client are outside the definition. There have always been benefits of shifting risk in the employment relationship from, if you like, the entrepreneur to the worker, although most of those benefits inured to the entrepreneur. The latter could gain cheaper labour: the worker could, while the good times lasted, benefit from flexibility and a more beneficent tax regime. Tests were devised to determine which side of the line a relationship was to be placed, but with a reluctance to set clear guidelines there never has been a simple way to distinguish the worker from the self-employed – as one judge has put it, there is no golden key which unlocks the definition. And now we have a further complicating factor: the rise of new technology spurring the notion that instead of a contract between the parties we have a “platform” to facilitate a worker offering his or her services to third parties. In Uber BV and others v Aslan and others, the decision given by the Supreme Court would probably not have comes as a surprise to many commentators, if only from the point of view that the Court affirmed the decisions of the employment tribunal, the Employment Appeal Tribunal, and the Court of Appeal. Where Uber is of interest beyond the confines of the question of the worker/ employee issue is how it approached documentation that purported to govern arrangements. Generally speaking, words used in a contract are given due respect by the courts, unless vitiated by fraud or mistake. Here the Court had before it an agreement between the parent com-

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EMPLOYMENT LAW

pany, which is actually Dutch, Uber BV, and drivers: the agreement was described as a “partner registration form”. This document said that drivers agreed to be bound by the terms with a customer - Uber BV. The drivers were designated as “an independent company in the business of providing transportation services”. Essentially Uber BV were saying that they were providing the drivers access to the Uber app, in return for the driver agreeing to provide transportation services to passengers, and, of course, the fee that Uber BV extracted from the fare. However, there was also a further agreement, the Rider Terms which drivers had to accept before they could use the Uber app. The idea behind all this was that there is no contract at all, whether as “worker” or otherwise, binding Uber BV and the drivers. In drafting this arrangement, I suspect that those instructed by Uber had in mind the decision in the case called Stringfellows Restaurants Ltd v Quashie: a 2012 case where the Court of Appeal had held that there was no contract between a lap dancer and Stringfellows, the latter merely providing a venue for the lap dancer, Nadine Quashie, to earn tokens referred to as “Heavenly Money” from the restaurant’s customers. However, in Uber from the tribunal onwards what really mattered was not what the documentation said happened but what happened in reality. Here an earlier decision of the supreme Court came into play. In Autoclenz ltd. v. Belcher [2011] UKSC 41 the claimants worked as “self-employed” car valets providing car cleaning services. To get to work the claimants had to sign a written contract which stated they were “sub-contractors” and not employees of Autoclenz. The written documentation went

on to state that they were not obliged to provide services to the Autoclenz nor was the latter obliged to offer work to them. The claimants could even provide suitably qualified substitutes to carry out their work. The claimants brought proceedings claiming they were workers entitled to the National Minimum Wage and to holiday pay. The Court agreed, and went on to say that the claimants were, in the context of what was in reality a wage work bargain, entitled to argue the documentation they had signed did not reflect the actuality of the situation they were in: the court could look at that reality and say whether they were workers. In some ways this is quite radical: the Court were not saying that the claimants had been duped or defrauded into the agreement, just that it didn’t reflect reality. The same principles were applied in Uber: here the drivers were Uber’s workers, and as such entitled to holiday pay, and the protection of the National Minimum Wage, not just when carrying a passenger but for the whole time the driver’s app was switched on and they were willing to accept fares. How far the Supreme Court’s decision torpedoes Uber’s business model is a question for economists rather lawyers. It does show though that the law is keeping up with challenges posed by gig economy cases. It also shows that however carefully documentation is drafted, there is always a risk, where the documentation drifts from the simple reality of the transaction, that the law may step in to re-align the parties’ bargain. Putting the point another way, the real lesson of the case is that when it comes to employment relations that is much to be said for simplicity rather that sophistry. n

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

S R & F are a leading national authority on employment law. They provide the ACA employment law helpline For details see next page

ACANews MAY 2021

ACA EMPLOYMENT LAW HELPLINE ACA excellence in practice

ACA members’ employment law helpline SRF – the leading employment law practice which is based in Newcastle – provides a helpline and a discounted advice service to members

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

ACANews MAY 2021

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

Business foundations

There is a myriad of elements of managing, controlling, and building a business that founders and principals require

Most architects, engineers, and designers start their practices with little to no experience of running or building a business. Typically, the initial focus is on design, project delivery, and servicing client requirements – with a mind on winning new clients and new work. However, there is a myriad of elements of managing, controlling, and building a business that founders and principals require to become successful owners and leaders. So, what are these elements that will create and build successful Architecture, Engineering, and Design (AED) businesses, with satisfied and well- rewarded leaders? Our work with architects, engineers, and designers has identified common themes, which set practices up for success – The Business Foundations of Architecture, Engineering, and Design.

business – what will lead you to success now and into the future. How does your company win work? How do you generate the work? What is your expertise? How are you positioned in the marketplace? How do you develop the concept and design? How do you deliver the work? What sort of people do you need to have around you? How do you become innovative? And finally, what sort of financial management control do you need? A strategy is built around the answer to these and other related questions. A strategic plan with clear and concise strategic objectives and clear plans for implementation, only needs be 3-4 pages. The key element is to have a clear path, something that you are all aligned with as a leadership team, that you’ve communicated with your key people, and everyone is on board with.

“To start, you need a clear understanding of where your industry is heading. You should be at the forefront of the industry and have an idea of what will be required into the future”

Purpose and Direction Our research indicates that up to 70 per cent of design business don't have a clearly articulated plan identifying where their business is and where it's heading. That’s seven out of ten people at the leadership level, who don’t have a clear vision for their business. So, if the leaders are not clear about where the business is heading, then how are their people expected to be on board and in line with the business’ direction! To start, you need a clear understanding of where your industry is heading. You should be at the forefront of the industry and have an idea of what will be required into the future. Secondly, you need a clear understanding of what you are great at and what your focus will be. For your business to thrive today and into the future, you need to be great at something that the market has a demand for. And a key element of that for architects and designers is market expertise. Your strategy needs to be built around what drives your

Leadership Architects in a leadership position are typically talented and experienced at designing, nurturing clients, and delivering projects. However, they often lack expertise around establishing, running, and growing a successful business. As a leader, you need to balance the time you spend in the business – which is doing the work – and the time you spend on the business and how much time you spend on yourself. As a rule of thumb, you should spend at least half a day, to a day, on your business each week. Whether that’s nurturing and mentoring your key people, developing systems or developing a marketing program. None of this comes overnight, this takes time, experience and learning from others. Great leaders of architectural businesses: • Collaborate • Delegate • Expect responsibility and accountability • Empower people >>>

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ACA excellence in practice

>>>

• Promote trust in their people • Constantly reinforce the value that they bring • Have a focus on performance and profit • Share information and rewards • Have a clarity of purpose Team Your team is comprised of the people that are in your business, as well as the team that is outside your business. And the people outside your business are just as important as the people inside your business. These are people like your mentors, your business advisors, your accountants, your lawyers, your consultants etc. Your responsibility is to find and nurture those relationships. When building your team, you need to hire for cultural fit first – and skills second. Finding people who are aspirational and share common attributes to your practice is most important. Quite often, the mistake businesses make is hiring for skills and not cultural fit and often that comes down to who you put in charge of hiring. There are typically 4 things that your people look for: • Who do I report to? • What do I need to do? • How will I do it? • And how well did I do it? Develop clear performance criteria around the expectations, and review performance against progress; what’s working and what needs to be improved. It doesn’t have to be complicated! Additionally, spending time with your key people on business management is essential. You need to educate and mentor – no-one else will do this for you. Perhaps a monthly management meeting, or directors' meeting, where you can bring people in and expose them to conversations and give them responsibility for some of the actions that you require. Systems Your system is a set of behaviours that are performed consistently in your business. It's the way that you do things, it's not a piece of software. Some of the systems you should have in your business include: • Ensuring you have the right fee

ACANews MAY 2021

• Managing your time and projects • Tracking project performance • Ensuring you will be Sim Thirunesan is senior business lead in the UK office: sthirunepaid • Ensuring your people san@managementfordesign.com are fully utilized • Managing your financials These should all be systems – they should be performed consistently the same way each time. They should be a set of behaviours that you routinely follow. For example, this is the way we recruit, and this is the process that we go through. These are the questions that we ask, these are the qualities that we're looking for, this is how we induct, this is how we review performance, etc. That's your system. By having strong systems in place: work is more consistent, less re-work is required, profitability is improved with increased efficiency and scope control, less frustration is experienced, extra time is created for leaders to be entrepreneurs, and client management consistency is improved. Project and Resource Management Project and resource management has far less to do with people than you’ve been led to believe. If you want to make an impact in this area, your effort needs to be on developing a consistent way of working and then reinforcing and supporting that approach. In our experience, the level of project management expertise in architecture, engineering, and design firms is “poor” – and unfortunately, this lack of expertise is not addressed early on. Ask yourself “How do you manage projects across the studio and each project?” Great project management is fundamental to business success in our industry. Your projects require a plan around the work required, tasks, start and end dates, the time it’s going to take, assignment of resources, milestones, per cent complete, etc. The more complex the project the more detail is generally required. And you should be tracking your progress every week – as a minimum. So, what is Resource Management?

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MANAGEMENT FOR DESIGN

• Who is working on what and when? • Who is available when? • Who is over and underutilised? • What are the resource requirements moving forward? • How does this tie into billings now and into the future? • How do regular reviews happen? Unfortunately, most architecture and design firms don’t have an effective system that they adhere to for managing resources across the studio. As a business, you should have a clear picture of the workload moving forward. An effective and comprehensive resource plan ensures you've got the right number of people to complete the work, but also have the right people to grow the firm. Financial Control and Profitability As you may know, profitability is a very good indicator of the effectiveness of your business and your business management. Achieving a 20 per cent profit – that’s income less expenses – (before tax) should be your benchmark. That’s realistically achievable for any AED business. A strong profit allows you the ability to take on the work that you want to take on, work with clients you want to work with, and say no to projects and clients. It allows you to attract, reward, and remunerate the best people, whilst also investing in marketing, technology, growth, and training.

Strong financial performance and profitability allows you to be in control of your business. Financial control is about having at your fingertips the measures or information that will drive, or should drive, your decision-making going forward. The ability to forecast your future work provides you with the information to project out your resourcing – the resources that you’re going to require and typically, that means people. Now, all this information is irrelevant unless you review it. You need to set up a regular monthly meeting, with someone who can interpret the information and understand the financials.

Managing Risk While Risk Management might not be the most engaging subject for leaders of Architecture, Engineering, and Design businesses, it’s an essential concern that you can’t avoid – and something you need to manage effectively. But, what does Risk Management mean? • Surrounding yourself with the right expertise • Adopting strategies and systems to minimise your risk and exposure • Effective quality control to keep yourself free of unwanted and unnecessary disputes • While this can be an extensive subject, key issues most businesses encounter are categorised into three main areas. >>>

ACANews MAY 2021

MANAGEMENT FOR DESIGN ACA excellence in practice

>>> • Business Structure and Legals • Clients, Fees and Fee Negotiation • Insurances Ask yourself, does our business have the appropriate expertise, the strategies, systems, and effective quality control to minimise and manage our exposure. While some risk is out of the control of the business, most of the risks that a firm might encounter can be managed, reduced or eliminated. Marketing, Communications, and Brand Your marketing effort has a singular focus, and that is to win work. When thinking about marketing, you need to ask yourself whether this is a valuable use of your time and resources and whether it will move your business forward in your ability to win work. Further, you must think about marketing in two elements – business development and communications. Business development is how you’re going to win work. Communications is how you’re going to build and raise awareness about your business. As a starting point, you should have a marketing strategy with a documented plan that's agreed upon amongst the leadership team. It should document key areas that will move you forward towards your plans. You need to articulate your value proposition, identify your keys to success, your revenue projections by sector and what investments you need to have in place. Another aspect of increasing your market awareness is communications through social media. It provides you with the opportunity to advocate and develop an online community that will contribute to the positioning of your business moving forward.

“What's required is to find the right balance for your practice. Typically, the larger your business is or becomes, the more you will rely on a way of working that is consistent, methodical, and aligned with your studio culture — that’s business “

and aligned with your studio culture – that’s business. Effective design management finds a balance between creative freedom and consistency.

Succession Firstly, there are two elements of succession: Leadership Succession and Ownership Succession. Leadership succession is around developing your leaders – the next generation – the people that are going to take on the role of growing, building, and controlling your business. Leadership succession is often far more complex and challenging and should happen before ownership succession. The problem with leadership succession in our industry is that it’s often more difficult than in other industries. Quite often the leaders are the key initiators of design and client relationships, and they're not necessarily skills that you can educate or develop people on. These traits are inherent in leaders in our profession and therefore they find it difficult to let go of decision-making around clients and design. Leaders feel that this is where they can most effectively contribute to the business. However, the greatest contribution you can make in your business could be the development of those that take your business forward. There is a great personal and financial reward in leadership succession. If you can change your thinking around leadership succession, you'll be ahead of many other AED practices. Start with transitioning your decision making, your client relationships, and your design decisions. Give your people exposure to business management and give them clear expectations and responsibilities. n

Design, Innovation, and Delivery Effective design management should be one of the core values of your architecture and design practice. However, when Management for Design delves into this subject and asks business leaders to explain and articulate their processes, they tend to struggle with their response. What's required is to find the right balance for your practice. Typically, the larger your business is or becomes, the more you will rely on a way of working that is consistent, methodical,

ACANews MAY 2021

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Business support for members ACA has a partnership with Management for Design to provide financial and business management support services to members

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.managementfordesign.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 sthirunesan@managementfordesign.com

ACANews MAY 2021

MANAGEMENT FOR DESIGN 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

Sustain

Reach

Experience

>20%

15%

12%

22%

Proﬁt Margin

Above Industry Revenue Per Person

Revenue Growth

Proﬁt Growth

Reduc�on in Debtor Days

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.

Maintain sharper focus on core business ac�vi�es and strategies

Access to high-level technical resources, knowledge and ﬁnancial management

MANAGEMENTFORDESIGN.COM

ACANews MAY 2021

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

Through benchmarking and data-driven analysis we enable eﬀec�ve decision making, any�me and anywhere

LONDON | MELBOURNE | SYDNEY | BRISBANE

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

www.acarchitects.co.uk

COUNCIL AND OFFICERS

Council members ACA COUNCIL MEMBERS & OFFICERS John Assael DipArch GradDip AA MSc RIBA FRSA, ACArch – co-opted Assael Architecture Ltd johnassael@assael.co.uk Tel: 020 7736 7744 Andrew Catto AADip RIBA ACArch PRESIDENT Andrew Catto Architects Ltd Email: ac@andrewcatto.co.uk Tel: 020 8785 0077 Dr John de los Angeles BA (Hons) Dipl Arch PhD PPACArch RIBA arquitecto9@yahoo.com Tel: 07769 159283 Richard Harrison Dipl Arch Poly ACArch Email: richardlharrison@icloud.com Tel: 07973 213426 Patrick Inglis MA(Cantab) DipArch ARB RIBA ACArch HON SECRETARY Inglis Badrashi Loddo Email: patrick@ibla.co.uk Tel: 020 7580 8808

Jonathan Louth BAHons DipArchM.St(Cantab) ACArch co-opted Jonathan Louth Architects Email: architects@jonathanlouth.co.uk Tel: 020 7596 6628 Alfred Munkenbeck RIBA ACArch Munkenbeck & Partners Architects Email: alfred@mandp.uk.com Tel: 020 7739 3300 Andrew Rogers AADip ACArch DipTP MRTPI DipEnv&Dev (open) Andrew Rogers: Planning Email: AR@awrogers.com Tel: 07841 538869 Shane Santry BA (Hons) Arch., Dip. Arch, MRIAI, RIAI Conservation Grade III co-opted Email: shane@ssa.ie Tel: 01 668 7939 John Smith Move Architecture Email: john.smith@movearchitecture.co.uk Tel: 07810 566 125

ACANews MAY 2021

Brian Waters MA DipArch(Cantab) RIBA MRTPI DipTP ACArch - IPP Boisot Waters Cohen Partnership Email: brian@bwcp.co.uk Tel: 07957871477 Stephen Yakeley Barch RIBA AIA ACArch – co-opted Yakeley Associates Ltd Email: stephen@yakeley.com Tel: 020 7609 9846 Fax: 020 7609 9847 Darya Bahram SECRETARY GENERAL secgenaca@gmail.com 07710 058264 Melanie Hern CHIEF OPERATING OFFICER office@acarchitects.co.uk melaniehern@hotmail.com 07500 180973 Alison Low MA DipArch ACArch DIRECTOR OF ENTERPRISE Alison Low Architect alisonlowarchitect@gmail.com 07947 320298

QUIZ FOR DREAMS OF FOREIGN TRAVEL ACA excellence in practice

Even if we’re not working From home, we can dream. May 17th .... Andy Rogers provides us with another one of those many distracting interruptions. He’s been spotting sculptures of interest around the world. Have fun, stay safe and enjoy the tranquility!

ACANews MAY 2021

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NAME THE SCULPTURES

ANSWERS >>>

ACANews MAY 2021

SCULPTURE QUIZ ANSWERS ACA excellence in practice

Here are the answers... >>> Number 1. Statuette of the Little Princess (Kiskirálylány) sitting on the railings of the Danube promenade, a pedestrianised area with fantastic views over the river and Buda Castle in the distance, in Budapest, Hungary. Created in 1972 by László Marton (1925–2008). The artist was inspired by his eldest daughter from his first marriage, who often played in the Tabán wearing a princess costume and a crown made out of newspaper by her father, pretending her bathrobes were a mantle. Number 2. The Woman and the Bird, by Joan Miró in Barcelona. As is the case with all of Joan Miro’s works, The Woman and the Bird is symbolic and provocative. The statue represents the union of masculine and feminine, a duet between life and death. In Catalan, it is pronounced as Dona i Ocell; ocell, besides translating to ‘bird’, also translates to ‘penis’ in Catalan slang. And indeed the upper part of the work gives rise to such parallels. As for the vertical corpus, you may easily recognise an abstract female figure in it. The statue was established in 1983 in the Park of Joan Miró just before the death of the renowned artist. Number 3. A group of seven mounted figures representing the Magyar chieftains who led the Hungarian people into the Carpathian basin, located behind the Millennium Memorial in Heroes’ Square, Budapest. [Hungarian: Millenáriumi Emlékmű, also translated Millennium Monument or Millennial Monument] In the front is Árpád, considered the founder of the Hungarian nation. Behind him are the chieftains Előd, Ond, Kond, Tas, Huba, and Töhötöm (Tétény). Little survives in the historical record about these individuals and both their costumes and their horses are considered to be more fanciful than historically accurate. The sculptures were made by Zala György from Lendava: construction began in 1896 to commemorate the thousandth anniversary of the Hungarian conquest of the Carpathian Basin and the foundation of the Hungarian state in 1896, and was mostly completed in 1900, which was when the square received its name. It was part of a much larger construction project which also included the expansion and refurbishing of Andrássy Avenue and the construction of the first metro line in Budapest. The column behind the cenotaph is

ACANews MAY 2021

Number 5 seen in context

topped by a statue of the archangel Gabriel. In his right hand the angel holds the Holy Crown of St. Stephen (Istvan), the first king of Hungary. In his left hand the angel holds a two barred apostolic cross, a symbol awarded to St. Stephen by the Pope in recognition of his efforts to convert Hungary to Christianity. Number 4. Statue of Archduke Charles on the Heldenplatz in Vienna, created by local sculptor Anton Dominik Fernkorn and presented to the public in 1860. This sculpture was a masterly creation, as it was the first time that a monumental statue was supported only at two points. The archduke was the brother of Emperor Franz I and the first commander to defeat Napoleon, at the Battle of Aspern-Essling, in 1809. Number 5. Brushstroke by Roy Lichtenstein, 1962, in the Museo d'Arte Moderna Reina Sofia Madrid. It marked the beginning of his mature sculpture phase in which, like his painting, he maintained his trademark comic-book graphics. It was installed in the plaza of the museum designed by Jean Nouvel, in 2004. Number 6. Monument to Christopher Columbus, Murillo Gardens, Seville designed by architect Takavera and executed by sculptor Lorenzo Coullaut Valera c.1929. The pedestal includes busts of Columbus, who is alleged to be buried in Seville Cathedral, and the monarchs who sponsored his explorations. It is said that there are 150 monuments to Columbus in the USA, even though he never set foot on the mainland. Number 7. Vent on the roof of Le Corbusier’s “Unite d’habitation”, built between 1947 and 1952 by the Ministry of Reconstruction and Urbanism. Victims of wartime destruction were given priority in obtaining apartments, followed by state employees. In 1954 the whole building was subdivided and sold, creating a co-ownership and in 1986 it was classified as a Historical Monument. Long-term readers may remember this description as the building was included in one of the first Newsletter quizzes. n

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FRAMEWORKS/LETTER

Independent review of construction frameworks THE CONSTRUCTION PLAYBOOK Government Guidance on sourcing and contracting public works projects and programmes

Version 1.0 December 2020

LETTER TO THE EDITOR

Alfred is a member of both RIBA and ACA councils

The ACA has welcomed the Construction Playbook’s proposed reform and is looking forward to the outcome of Professor David Mosey’s independent review of the operation of construction frameworks. Frameworks have the potential to drive the type of transformation the government deems necessary to deliver better, faster, safer and greener. As publishers of the only set of standard framework and term alliance contracts, successfully adopted and in use on procurements worth over £45 billion by such public sector bodies as Crown Commercial Services, LHC (public sector purchasing consortium), Ministry of Justice (MoJ) as well as the housing sector and infrastructure clients, ACA recognises the value of closer alliance of the commercial interest of the whole team across the supply chain. Fostering a formal environment of trust necessitates a contractual mechanism by which the mutual confidence and commitment can enable better planning, integration, innovation,

efficiency and workflow leading to better design solutions, risk management, cost certainty and construction methods which in turn delivers a more efficiently operated asset. ACA prides itself on the successful application of its published standard FAC-1 and TAC-1 contractual agreements – endorsed by both the Constructing Excellence and Construction Industry Council - that have supported the drive to improve qualitative and quantitative value across numerous exemplar frameworks to date and much referenced as exemplar in leading publications as the “Construction playbook”, “Build Homes, Build Jobs, Build Innovation” and recommended in Arcadis 2020 Report “Collaborating to achieve project excellence”. These reports acknowledge value improvement and risk reduction machinery of these standard forms. ACA will continue to support the government’s initiative to drive better workings of the construction industry and its working towards net zero carbon by 2050. – Darya Bahram n

Design codes are useless FROM: Alfred Munckenbeck With respect to the model design code, I had thought that the ACA had voiced opposition to model design codes? In any event, the idea that large portions of the country will now get down to writing their own design codes is hopeless. Writing a local design code is many times more difficult than a neighbourhood plan. They are trying to do this to substitute for design review boards manned by respected volunteer architects. Surely the ACA knows that design codes have proven to be useless except for very specific developments….not for general areas. Indeed they are worse than useless due to being restrictive of innovation and invention. It is a fool’s errand and I am disappointed if the ACA plans to officially say warm and fuzzy things about Design Code manuals. n

ACANews MAY 2021

ACA excellence in practice

ACA forms of appointment The ACA produces two architectural appointments. The highly successful “ACA SFA – ACA Standard Form of Agreement for the Appointment of an Architect” and a shorter form of appointment contract “ACA98 – The Appointment of a Consultant Architect for Small Works” shortly to be republished in a 2021 edition.

Planning in London ad4 pil117.qxp_Layout 1 03/05/2021 15:34 Page 1

Download the worked example of SFA, 2012 edition (with updates) as a ‘taster’ from here: https://tinyurl.com/ 1mt7tuf6

"#$%%&!'()'*+,-+(+.*+,!/0/0!12"3456"7"#$!""%&8%9!!%:;%0;/0/0!!%<=%>!!?@AB!%

PLANNING IN LONDON

----

Regulars

The Journal of the London Planning & Development Forum www.planninginlondon.com

Issue 115 October - December 2020

LEADERS page 5 CLIPBOARD page 32 ¡PILLO! page 35 ANDY ROGERS page 41 LP&DF on Planning for the Future and more page 44

Regulars

The Journal of the London Planning & Development Forum www.planninginlondon.com

Keep up! Keep up with planning in London

Issue 116 January-March 2021.

LEADERS page 5 CLIPBOARD page 19 ¡PILLO! page 21 PLANNING PERFORMANCE p22 ANDY ROGERS page 26 BOOKS: Sir Terry Farrell p59

BUILD HOMES, BUILD JOBS, BUILD INNOVATION, Mike De’Ath on modular building page 54; Norman Foster on the future of cities page 11; What is planning for? Nicholas Boys Smith page 15; Guiding transformation around Oxford Street, Lucy Musgrave page 63; The wrong answers to the wrong questions? Hugh Ellis page 73 THE ESSENTIAL GUIDE TO DEVELOPMENT IN THE CAPITAL

Planning sets the context within which architects have to work and deliver for their clients

Please subscribe: page 90

PiL has been published quarterly since 1992. SEE www.planninginlondon.com A BID FOR THE CITY Andrew Reynolds on plans for a dynamic recovery page 44 The White Paper, beauty and planning – design codes, new permitted development rights, the London Plan: LP&DF planning update page 30 THE ESSENTIAL GUIDE TO DEVELOPMENT IN THE CAPITAL

Please subscribe: page 68

ACA members can subscribe at half price: just £50 pa. Email planninginlondon@mac.com for details.

international building press MAGAZINE OF THE YEAR (non-weekly) WINNER 2007, FINALIST 2006–2010 & 2016+2017+2018

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www.acarchitects.co.uk

GALLERY: ONES THAT GOT AWAY!

Architects tend to hold affection for projects that didn’t get built. We start this new series ‘Ones that got away’ with BWCP and invite members to offer some of theirs for future newsletters TOP: Chiswick Park near Holden’s Underground station. The mews was introduced to screen overlooking. Quantas was pencilled as tenant. Won on appeal by when developer client had gone bust waiting! RIGHT: Curtain Road Shoreditch, mixed use development. Well, it did get built but dumbed down horribly by a bad builder who bought the site from the client. This was the first newbuild housing allowed in Shoreditch since the war; it also includes galleried live and work units and a large pool hall/bar/restaurant at street level.

ACANews MAY 2021

PROFESSIONAL INDEMNITY INSURANCE ACA excellence in practice

Professional Indemnity Insurance in a challenging market How can Marsh Commercial help ACA Members? Marsh Commercial is one of the UK’s leading professional risks insurance broker and is appointed by ACA’s Council to provide professional indemnity insurance to its members. Selected for their expertise in PII for architects, there is access to A rated insurers, and negotiating powers, they offer members cover that’s specifically built around their needs. Benefits include:-

This is a marketing communication. Marsh Commercial is a trading name of Jelf Insurance Brokers Limited. Not all products and services offered are regulated by the FCA (for details see marshcommercial.co.uk/info/regulatory/). Registered in England and Wales number 0837227. Registered Office: 1 Tower Place West, London EC3R 5BU.

• Automatic renewal facility (subject to criteria) • Capped excess • Free tax advise 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 helplines for all partners If you would like Marsh Commercial to review you current PII or would like a quote, please get in touch with their dedicated ACA team on 0345 894 4684 or email ACA.Enquiries@marshcommerical.co.uk

ACANews MAY 2021

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 if we’re not careful another profession will usurp it”. ACA members are concerned that the new stages fail to recognise standard fee-claiming points, the nature of town planning applications and permissions and wrongly groups technical design tasks.

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

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DOWNLOAD the .pdf here:

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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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ACANews MAY 2021

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Workplace Tomorrow – Learning from 22 Bishopsgate at 22 Bishopsgate Tour the building and debate on the future of the workplace followed by networking & drinks

On 22nd June 2021 A sequel to our earlier events hosted by Macquarie Bank, we debate how ideas of work and the workplace have evolved and where they might be headed. Hosted by AXA at 22 Bishopsgate

ALL PROVISIONAL

4.30pm Tour of the building in small groups; 5.30 refeshments 6pm Presentations by James Goldsmith AXA head of development, Sir Stuart Lipton, Despina Katsikakis of Cushman & Wakefield and the project partner Karen Cook and project architect Amy Holtz of PLP Open discussion with Q&A moderated by Paul Finch Followed by networking drinks courtesy of AXA until 8.30pm (limited bookings)

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QUESTION TIME ACA excellence in practice

Robert Peake interviewed Question time with Robert Peake, principal at Management for Design interviewed by COO Melanie Hern

1. Tell us about your business background I completed a Bachelor of Architecture (B.Arch.) in 1984 and worked on numerous projects in Adelaide, Melbourne, Sydney, and London. In 1988 I was part of the successful establishment of the Auckland, NZ office for Hassell Architects. From 1989 to 1992 I worked in London as a Project Architect and was involved in the design delivery and project management of the Lanesborough Hotel on Hyde Park Corner. Whilst working as an Architect in London I studied a Master of Business Administration (MBA) to more clearly understand the demands and skills required to build and manage a successful business. During this time, I commenced and undertook a complete change of career and worked as a Management Consultant – firstly in London and upon returning to Australia. My experience in Management Consulting exposed me to several industries, business methodologies, best practice operations and continuous improvement practices across many industries including Banking and Finance, Manufacturing, Mining, Retail, and Industry both in Australia, Asia, and US. In 1998 I commenced as General Manager at SJB Architects in the Melbourne Studio and during the next 9 years SJB successfully grew to 8 businesses across Planning, Architecture, Interior Design and Urban Design based in Melbourne and Sydney with over 200 people. Together with my business partner – Gordana Milosevska - we established Management for Design in 2007 to work with Architects, Engineers and Designers to manage their businesses more effectively and to enable them to build sustained growth and improvement. Management for Design now employs more than 20 people across Strategy, Finance and Accounting , Technology, Business Management, HR, Systems and Marketing and Communications. I am currently working with creative businesses to develop and enhance financial and business performance across our studios in Melbourne, Sydney, Brisbane, and London. 2. Who has inspired you the most throughout your career? I have been inspired by so many people throughout my

ACANews MAY 2021

career to date and no one person in particular. I have worked with some brilliant people that have influenced and inspired me throughout my career and that includes colleagues, business associates, business leaders and mentors. There is generally a common theme – those that have taken a risk and achieved great things through adversity whilst at the same time remaining true to their values of integrity, resilience, passion, intelligence, hard work and focus. I have also drawn inspiration from many of the autobiographies and stories told that I have read or listened to that have the same theme of taking on a challenge and persevering through adversity to achieve their goals. Those that have left their comfort zone and have ventured into the unknown! Be it the famous climbers, businesspeople, entrepreneurs, and activists. Those that have revolutionized the way in which the world functions today. 3. What are you most proud of? I take most pride in establishing and building long term relationships with our clients and the leaders of these business. Relationships that are built on the value we provide as a business and that enable our clients to focus on what they are great at – designing and delivering great work - to be the best they can be. We have helped our clients thrive through adversity, build outstanding businesses, diversify their service offering and grow their reach, their expertise, their leaders.That is what gives me most satisfaction in the work that we do. Alongside, we would not have been able to achieve this without outstanding and committed people within our business. Seeing people develop and take on key leadership roles in our business is very rewarding. 4. What’s your relationship with The ACA in Australia? I have been involved with the Association of Consulting Architects in Australia for over 15 years as a member of the Victorian Committee and am now one of the longer serving members of the committee. I am also part of the Industrial Relations sub-committee currently. Our business - Management for Design - also provides business advisory services to the ACA nationally similar to our role in the UK. That can involve strategic direction, >>>

www.acarchitects.co.uk

ROBERT PEAKE

>>> financial advice, business systems and succession | ownership advice. At inception – over 20 years ago, the ACA in Australia provided solely industrial relations support to Architecture practices. 5. What do you see as the main challenges Architects, Engineers and Designers will face as the industry gradually moves back to a ‘normal’ world? The main challenges moving forward are the same as they were precovid. And they are: • The diminishing influence and role of architects on projects and the impact this has on the quality of built outcomes. • The competition for work and associated reduction in fees for services making it increasingly difficult to provide the services we are committed to deliver and believe are necessary to deliver the best outcome build and sustain a successful business. There are too many architecture businesses and only the strongest will thrive. • To embrace technology. Technological advancements will play an increasing role in the delivery of architectural services and the future role of architects will fundamentally change. If you think it can or will be done by a computer, it probably can and will be. 6. What do you think are the most important attributes of successful business leaders of today? The attributes successful business leaders need today are similar to what they have always been. Management for Design produced a Business Journal on the common characteristics of all successful Architecture businesses and these characteristics can apply equally to the leaders. They are: • They tightly control the design process and fewer people are involved • They are clear about what they are great at • They are very good collaborators • They take on work on their terms • They surround themselves with business expertise • The value their expertise appropriately • They surround themselves with business expertise • Their clients love working with them • They attract the best and brightest team—and they retain them • The leaders focus on client relationships, winning work, design and rep ——resenting the business • They don’t complain about the industry because they are winning • They don’t try and keep salaries low • They’re clear about who they are and where they are heading • They get business and surround themselves with business expertise

Robert Peake is principal, Management for Design

7. What are your current goals? My current business goals are: • To establish and build our UK presence • Establish and develop key business partnerships across UK and Australia • Develop software applications to enhance our service offering • Develop our marketing and communications offer • Establish “M4D Foundation” as a pro-bono business supporting communities • Write a book 8. If you had a superpower, what would it be & why? Only one! Is time travel a superpower? If so, that is probably what I would choose. To go back into the past and be part of amazing historic events, to influence events maybe, to meet incredible people, to hear them talk. To go back into my past and revisit special times, to understand why I made decisions, to relive my childhood! And then to go into the future, to travel into space, to visit and explore other worlds., to live on another planet. I am optimistic about humanity and science. So, to see what is in the future would be my choice. 9. What did you miss the most when Australia was in Lockdown? Miss the most – physical activity and the sunshine. We were restricted to one hour outside for a large chunk of the lockdown here in Victoria and I found that incredibly difficult. We lost our freedom and that is not for me! 10. Are you an early bird or a night owl? I am neither. I have figured out I’m a “when the sun is shining person” that is when I have most energy. But given the right circumstance, right company, right challenge, right environment I can rise at any time! n

ACANews MAY 2021

ACA EVENTS

ACA CPD events Finance Fundamentals The ACA were pleased recently to co-host webinars with our sponsor Management for Design who ran through a very helpful presentation on Finance Fundamentals where attendees were provided with valuable business knowledge to help navigate, support and empower them to run a more successful architectural practice. Informative session on PII Our professional indemnity insurance partner, Marsh Commercial also ran an informative session on PII which is currently experiencing hard market conditions; even more so impacted by Covid 19. Practical tips were discussed in terms of how to navigate through these challenges and secure the best outcome for your practice. A big thank you to both for their time. Please keep an eye out for emails from the ACA Office inviting you to further webinars and other events as we start to see restrictions being lifted. Save the Dates Alliance Steering Group Conference Thursday 14th October Date & venue to be confirmed

ASG Coll

Frid

London Build, Olympia Wednesday 17th & Thursday 18th November

Venue Confe

London Planning & Development Forum On Zoom, free. Main discusion: The new London Plan Monday 14th June 2.30-5.30pm email. jm@axiomarchitects.co.uk for the link

The A the G and t collab

Cambridge University Land Society Workplace Tomorrow – Learning from 22 Bishopsgate Tour and debate 22nd June 4.30 - 8.30pm Book at http://www.culandsoc.com/

ACANews MAY 2021

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FAC

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

The ACA publishes a number of key documents used extensively by the building professions and within the industry. They are divided into the general sections below for clarity. The ACA recommends the following as best practice guidance: incorporation of terms by reference

and ensure you take appropriate legal advice. Avoid jeopardising good working relationships.

1. Ensure you complete and sign an appropriate and current Standard Form of Agreement / Contract at the outset. This should prevent misunderstandings on what has been agreed.

4. Ensure all terms of any agreement / contract are clearly set out and that none are “incorporated by reference” as these will not appear within what you sign. If necessary ensure terms of agreement are signed separately. Don’t waste time and avoid costly disputes

2. Agree the scope of services within the Agreement / Contract with the Client. Clarify what is included and the cost. This should avoid the risk of unlimited liability 3. Consider the effect of any proposed amendments to the Standard Form ACA Suite of Partnering Contracts, PPC2000, TPC2005 and SPC2000 and related Guidance The current publications are: PPC2000 (Amended 2013) – ACA Standard Form of Contract for Project Partnering TPC2005 (Amended 2008) – ACA Standard Form of Contract for Term Partnering SPC2000 (Amended 2008) – ACA Standard Form of Specialist Contract for Project Partnering SPC2000 Short From (Issued 2010) – ACA Standard Form of Specialist Contract for Project Partnering STPC2005 (Issued 2010) – ACA Standard Form of Specialist Contract for Term Partnering Guide to ACA Project Partnering Contracts PPC2000 and SPC2000 Guide to ACA Term Partnering Contracts TPC2005 and STPC2005 Introduction to Pricing Under PPC2000 Introduction to Pricing Under TPC2005 PPC(S) – Scottish Supplement to PPC2000 If you are starting a new building project, you should use the latest versions of each contract which contain incorporated amendments. There is a PPC2000 dedicated website at www.ppc2000.co.uk for further information on ACA/ACE suite of partnering contracts. To learn more about the range of projects that have been procured using PPC2000 and TPC2005 you can download the free publication which features 28 case studies: 10 Years of PPC2000

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 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. 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

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 n

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