Auction Wed 10th July
Abbey Mill revived in £8.75m project LEICESTER’S City Mayor Peter Soulsby joins Guy Higgins, William Davis Ltd’s managing director, Matt Cooney, chief executive, asra housing group and other scheme partners to mark the start of an £8.75m project, to transform a former stockings factory into a landmark, canal side, Extra Care development. Abbey Mill, the long disused late Victorian/ Edwardian building on Abbey Park Street in the Belgrave area of the city – once famous for providing South Pole explorer Captain Scott with warmth preserving clothing - will be revitalised into 78 apartments, operating as a special facility to support Continued on page 3 ....>
A TOTAL OF 17 select properties are due to go under the hammer at the next Shonki Bros. L.S.Sangra Property Auction on Wednesday 10th July 2013, at the King Power Stadium, Filbert Way, Leicester, starting at 5pm prompt.
Amongst the lots is an ideal investment opportunity at Lansdowne Road, Aylestone. The property comprises two x 2 bed flats and two x 1 bed flats which are all separately metered. The estimated full rental income is £20,040 pa.
Guide price for this property: £215,000 - £225,000 For brief details of all of the lots on offer, turn to pages 20 & 21 of this issue or download the full catalogue from www.shonkibros.com
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Housing Minister Welcomes Homebuilding & Renovating’s Ten Point Plan to Boost Self-build Industry WITH the number of self-build homes in the UK at a 30 year low, Homebuilding & Renovating magazine yesterday presented a 10 Point Plan from the self-build industry to boost the number of self-build homes to Housing Minister Mark Prisk MP. If implemented the plan would significantly increase the number of people able to build their own home. “The industry believes that urgent and bold action needs to take place to help the Government achieve its stated target of doubling the number of self-builds in the UK,” says Jason Orme, Editor of Homebuilding & Renovating. The 10 point plan was compiled by leading companies from the industry at a meeting spearheaded by Homebuilding & Renovating magazine, which took place in Birmingham in March 2013, prior to the Homebuilding & Renovating Show. The group came together concerned about the decline in the number of self-builds and included owners of package build companies, mortgage finance and insurance providers, planning consultants, custom builders and suppliers of materials to selfbuilders. Key suggestions in the 10 Point Plan are based around significant changes to the planning system to shift emphasis on house building away from large developers back to individual builders. They include encouraging local authorities to allow small-scale greenfield windfall sites (to enable one-off homes outside of existing development boundaries); reducing the cost of making planning applications; and making it easier for individual sites to be considered as part of the local authority’s housing plan. In addition to the changes to the planning system, the 10 Point Plan calls for relief from taxes on housebuilding for self-builders and on all minor developments - currently proposed at ten new homes or less – which can amount to tens of thousands for selfbuilders. The plan also called for the Government’s ‘Help to Buy’ equity loan scheme to be extended to selfbuilders via ‘Help to Build’. “The small-scale organic growth of settlements by modest and dispersed incremental additions over time has been going on for centuries,” says Jason Orme, Editor of Homebuilding & Renovating magazine. “It created the villages and towns we all love. This natural evolutionary process ground to a halt when the last Government introduced the principle of not building on Greenfield sites unless such sites are specifically identified
and allocated in a five-year development plan. “A clear consequence of this action has been to gradually starve self-builders, smaller developers and now custom build developers of building land and this is considered to be a significant factor in the current historically low level of new house building,” he adds. The 10 Point Plan proposes to ‘switch the tap back on’ to create a flow of smaller development sites which would see the self-build sector and small builder/ developer
sector return to their former levels of activity and beyond, and provide a sustainable and politically acceptable way to deliver more new homes, create new jobs and prosperity. The latest Homebuilding & Renovating Market Report (based on government statistics) showed that the number of self-builds in the year to March 2013 was 10,940 – the lowest figures for 30 years – with a quarter-on-quarter fall of 20 per cent when compared with a year ago.
Donation supports digital arts centre BLUEPRINT, the developer of Leicester’s Phoenix Square, has made a charitable donation to support the centre’s digital arts and community work. As a specialist in sustainable property investment and development, Blueprint worked with Leicester City Council and partners to create the concept of a digital arts complex in the city’s Cultural Quarter and managed the development of the landmark building, which opened in 2009. Today, Blueprint is responsible for the 63 apartments above the arthouse cinema and café bar, as well as the seven studio offices that form the perimeter of the building on Morledge St and Burton St. The donation is the latest example of ongoing involvement with Phoenix Square by Blueprint, which is jointly owned by the Homes and Communities Agency and Aviva Investors’ igloo regeneration fund. The donation officially goes to Leicester Arts Centre, the registered charity that promotes education and community development through Phoenix Square’s world film and digital arts programme.
Enderby plot: £120k BENTONS are offering for sale a single building plot with detailed planning permission for a three-storey detached house of just over 2,000 sq.feet. The plot – at 53 St Johns, Enderby, Leicester – is priced at £120,000. For more information, contact Bentons on 01664 563892 or visit Tthe website at www.bentons.co.uk
Abbey Mill Continued from page 1 a range of vulnerable adults, including people with learning difficulties, mental health problems and the frail elderly. A major project for the city, Abbey Mill, which is part-funded by Leicester City Council, will retain its historic shell whilst undergoing a complete internal refurbishment. The new facility will link via a pedestrian bridge to the adjacent award-winning Wolsey building, redeveloped by William Davis on behalf of asra in 2011. Peter Soulsby was joined on site by Cllr. Rita Patel, assistant city mayor for adult social care. Peter said: “Not only will this redevelopment provide much-needed supported living accommodation; it will be preserving an important building in Leicester’s architectural heritage, a shining example of how practical requirements and creative thinking can combine to provide a sustainable and efficient facility.” Commenting on what will be a challenging yet rewarding project, Guy Higgins said: “To be working on the significant second phase of this major project in the heart of Leicester is a source of great pride to William Davis. Not only because we have a long tradition of creating landmark buildings in the city and throughout the county but because we have established partnerships on this scheme and together we will provide something of lasting value for its citizens.” Asra’s Matt Cooney concluded; “We are delighted to be working again with our partners to convert and refurbish the historic Abbey Mill into a multi-million pound Extra Care scheme. Our investment means this historic building will be preserved and will have a lasting legacy by providing groundbreaking care to the over 55s in Leicester.” A truly local scheme, the project’s architect is Leicester’s rg+p. Completion is scheduled for March 2015.
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Leicestershire BUILDER Magazine • JULY 2013 • Tel: 01530 244069
Frisby double garage with loft above: £60k
Five new jobs created with the HAC expansion
SHOULER & Son are offering for sale a brick built double garage block with large loft to the first floor. The property – at Mill Lane, Frisby on the Wreake, Leics. LE14 2NN – was granted planning permission (ref: 08/00943/FUL) for conversion to use as a holiday lodge, but this permission has now lapsed. The Guide Price is £60,000 and there is no chain. For more information, or to arrange a viewing, contact Shoulers on 01664 410166 or visit www.shoulers.co.uk
NEWS FROM PICK EVERARD
Carbon Trust Wales framework appointment for Pick Everard LEICESTER headquartered, national multidisciplinary property and construction consultancy Pick Everard has been appointed to the Carbon Trust Wales framework to provide technical support to businesses and public sector organisations to help them cut energy bills. The framework will initially run for two years, with an option to be extended to four. Pick Everard will carry out energy surveys and by taking a host of energy efficiency factors into account including heating, cooling, ventilation, lighting, controls and building maintenance - will identify cost-effective ways that businesses can reduce energy use, cut costs and carbon emissions. Pick Everard is also a signatory on Sustain Wales’ Sustainable Development Charter, a voluntary initiative for organisations committed to sustainable development. Partner Rod Burton at Pick Everard comments, “Using the Carbon Trust Wales framework of approved consultants enables organisations in Wales to quickly select and appoint technical consultants and achieve best value. Tackling energy consumption has a positive financial impact for the organisation but it also has huge benefits for the local economy by reducing CO2, environmental impact and the effects of climate change.”
WITH AN increase in supply and demand, a local pipe and pipeline supplier is expanding with a move into new premises and the creation of five new jobs. Agreeing a new lease with landlord Raynsway Properties, HAC Pipeline Supplies Ltd will be expanding into two new units at Pinfold Industrial Park in Thurmaston. Widening the company’s field of activity, with the addition of a new trade counter, extensive storage space and new offices, HAC’s expansion has also led to the creation of five new jobs. From April, HAC will occupy 13,452sq ft over four units and are set to increase the workforce from 31 to 36, with two of the five new roles already filled. Managing Director, Adrian Sergent, comments, “Having been based at Pinfold Industrial Park for over 20 years we were delighted when the opportunity arose to expand into units 10 and 11. Allowing us to grow without the hassle of relocating, we gained the space we needed to increase acivity and expand our business potential.
“However, the move would not have been possible if it wasn’t for the assistance of our landlord Raynsway Properties. Aiding us in every aspect of the expansion from appointing the builders to coming down to the site to discuss the progression of the project, they provided great flexibility, support and encouragement, resulting in a move that is nearing completion within a year.” Tom Watkinson, Managing Director at Raynsway Properties, comments, “As a landlord we want to offer as much flexibility as possible, especially when it results in local business growth, therefore we were delighted to assist in the expansion of HAC. “Offering them two additional units to accommodate their new trade counter and offices, we are thrilled to see a tenant that had been with us for over 20 years grow and progress and all without the disruption of relocation.”
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Leicestershire BUILDER Magazine • JULY 2013 • Tel: 01530 244069
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Construction SMEs are failing to win 9 out of 10 public sector contracts MORE THAN 40% of construction SMEs are failing to win nine out of ten public sector contracts and over half have seen their success rate fall when bidding for public sector work over the past five years, according to a new report by the Federation of Master Builders (FMB). ‘Improving public procurement for construction SMEs’ (Download, PDF 2.28 MB) examines the barriers facing small construction firms when attempting to engage with the public sector procurement process, and outlines a series of recommendations to tackle the problems. These include requiring all public sector clients to: use PAS 91as the basis for their construction pre-qualification questionnaires; review the limitations they impose when assessing the financial viability of SMEs attempting to get on to a framework; and use their regional on-line portals to advertise opportunities to buyers. Cabinet Office Minister Chloe Smith MP gave the keynote speech at today’s launch event in the House of Commons, attended by MPs, Peers, local government representatives and FMB members. Brian Berry, Chief Executive of the FMB, said: “Public sector construction contracts are worth more than £37bn per year – almost 40% of all construction output – so it is vital that SMEs are able to win their fair share of this work. The economic and environmental arguments for procuring with small local businesses are widely accepted, so now it’s a case of finding ways to increase this type of procurement.” Berry continued: “Our report highlights a number of barriers that are preventing construction SMEs from winning public sector contracts, and proposes a range of sensible and achievable recommendations for how these can be overcome. Although some parts of the public sector are good at engaging with construction SMEs, others are not and our report shines a light on best-practice in the hope that it will improve performance right across the public sector.” Berry concluded: “I’m delighted the FMB is working with the Cabinet Office and the Local Government Association on these important issues, as it will take a co-ordinated and collaborative effort by both government and industry to improve the public procurement process for construction SMEs.” Cllr Peter Fleming, Chair of the Local Government Association’s Improvement and Innovation Board, said: “Councils have a vital role to play in driving economic growth, helping to create the right infrastructure and environment for local businesses to succeed.” Fleming continued: “At the heart of this, councils are ensuring that they are open for business, in particular working with SMEs and local suppliers to make it easier for them to bid successfully for public contracts on everything from building houses to caring for the elderly. Indeed, many councils from all over the country now award more than half their contracts to small and medium-sized UK businesses.” Fleming concluded: “But with council funding being cut by more than a third by central government, there is simply less work around, particularly in the construction sector. The LGA is therefore working with the FMB to highlight local authorities that have streamlined their procurement practices or introduced support for local suppliers and using these examples to promote best practice across the sector and help level the playing field as much as possible for SMEs.”
Substantial community building in Leicester City Centre INNES ENGLAND are inviting offers over £650,000 for a substantial community building at 3 St James Street, Leicester LE1 3SU. The 14,843 sq.ft. building has frontages onto St James Street to the front, Eldon Street to the side and Earl Street to the rear. Planning consent is currently for Class D1 Uses (Non-residential institutions) but the property is considered suitable by the selling agents for residential development, subject to planning. For more information, contact Chris Page at Innes England on 0116 255 5455 or email: cpage@innes-england.com
Site for 6 houses in Mansfield FRANK INNES Estate Agents are offering for sale a parcel of residential building land with planning consent for 6 houses at Mansfield Road, Underwood, Notts. NG16 5FF. The asking price is £264,000. For more information, contact Frank Innes on 0115 906 3289.
Leicestershire Builder Magazine Published By: Builder Magazines PO Box 8, Markfield, Leics. LE67 9ZT Tel: (01530) 244069 Fax: (01530) 249557 Email: info@buildermagazines.co.uk Web: www.buildermagazines.co.uk Over 3,500 copies distributed every month across Leicestershire & Rutland by a combination of: • By Post to SUBSCRIBERS and a rotating free mailing list (2,200 copies) • Through trade counters of local merchants (1,300 copies) SUBSCRIPTIONS: £20 PER YEAR (No VAT) TO SUBSCRIBE: CALL 01530 244069 and leave your details, or subscribe via our Website. We’ll invoice you later. Printed in Ellistown by: Norwood Press
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The opinions expressed by contributors are not necessarily those of the Editorial/Production Team. The inclusion of any group or organisation in this publication does not necessarily imply a recommendation of its aims, methods or policies. Builder Magazines cannot be held responsible for the information disclosed by advertisements, all of which are accepted in good faith. Every effort is made to ensure the accuracy of information in this magazine, but no liability can be accepted for loss or inconvenience caused as a result of error or omission. Builder Magazines reserves the right to amend, shorten or refuse to publish articles and/or advertisements submitted for publication. All property details contained within this magazine are to be regarded as being for outline guidance only. All potential interested parties are requested to check individual availability of premises for accuracy of details with the relevant selling agents before proceeding further.
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Leicestershire BUILDER Magazine • JULY 2013 • Tel: 01530 244069
Part-completed housing development in Heanor
Bungalow Refurbishment Scheme Award for Lutterworth firm
The barns, which date from the mid-1800s, lie in asecluded position and are principally of brick construction under a slate roof in an L-shaped configuration. Detailed planning permission was granted (ref: S/2011/1136/FUL) on appeal on 3rd September 2012 for conversion to a single dwelling. Offers are invited. Contact Berrys on 01536 412464 for more information.
Garden centre for sale in Billesdon BENTONS are offering for sale a fully operational garden centre with mixed retail and residential use. The 6.47 acre property – The County Garden Centre, Tilton Lane, Billesdon, Leics. – is being offered to the market due to the owner’s retirement. The price guide is £650,000. For more information, contact Bentons on 01664 563892 or visit www. bentons.co.uk I couldn’t believe my dad had been stealing from his job as a road worker, but when I got home, all the signs were there. My Ultra Sensitive toothpaste doesn’t like it when I use other toothpastes.
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Nine of the 14 plots are occupied and this sale is for the 5 remaining plots to include the roads and footpaths. Three of these plots are built to dpc level, including floors. Offers are invited in the region of £250,000. For more information, contact George Dunnicliff at FHP Property Consultants on 07876 396 008 or email: george@fhp.co.uk
BERRYS Estate agents are offering for sale Rye Hill Barns at Moreton Pinkney in Northamptonshire.
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A LUTTERWORTH company has received a Highly Commended Accolade in the 2013 (Local Authority Building Control) LABC East Midlands Building Excellence Awards. The award was announced in relation to the ‘Best Social / Affordable Housing Development’ category at the recent Awards ceremony held in Nottingham. John Lester Partnership Limited of Lutterworth is employed as Contract Administrator by Boston Mayflower Ltd for refurbishment works being carried out on 69 prefabricated asbestos panel constructed bungalows at Carlton Road and Revesby Avenue and Marsh Avenue, Boston, Lincolnshire. The project involves extensive asbestos removal and construction of new pitched roofs. Work started in April 2012 and is scheduled to be complete by August this year. The delivery team has worked hard to give tenants energy efficient, high quality refurbished homes to be enjoyed for years to come. The purpose of the awards is to celebrate good practice. Doug Smith, Project Surveyor, who attended the awards to represent the Partnership said: “Receiving recognition such as this has a great ‘feel good’ factor. We know our standards and commitment to quality are high, but to be recognised publicly is a great endorsement and a further boost to the practice’s credentials”. Resident Brenda Cook said: “It’s an absolutely amazing home, the roof and internal work is fantastic. There is nothing I can fault – anyone would be proud to live in a property like this.” The construction industry is notorious for projects resulting in claims and disputes. To avoid or minimise the likelihood of this happening, employing a good contract administrator is crucial. In essence John Lester Partnership’s role is to ensure that the contracted parties understand and uphold the contract, that information is communicated effectively, and that potential problems are dealt with efficiently. More than 280 people from the construction industry from across the East Midlands attended the awards.
Potential development opportunity in Donington Le Heath: £500k FOSTER CORLEY are offering for sale a large two-storey farmhouse in need of renovation, together with approximately two acres of land and a range of outbuildings (including a large stable block with pigsty, detached two-storey coach house, detached barn, large single storey barn and a further large modern barn). The asking price is £500,000. For more information, contact Foster Corley on 01530 812001 or email: coalville@fostercorley.co.uk
£1.7bn and 36,000 jobs a year – benefit of London development to UK economy revealed The British Property Federation (BPF) has welcomed research revealing office construction in the capital provides a £1.1bn boost to the UK’s regions a year - and £1.7bn nationally. Research by PWC and London First finds that the development of iconic buildings such as 20 Fenchurch Street (the “Walkie Talkie”) and 122 Leadenhall Street (the “Cheesegrater”) in the City of London sees 84 per cent of the investment in items like materials, engineering, demolition and labour spent in the regional supply chain, supporting 22,400 jobs. The report also estimates that all central London office developments due for completion between 2008 – 2016 could generate a total of £15.5bn to the UK’s GDP. Liz Peace, chief executive of the British Property Federation, said: “This research confirms what we have known for some time, that the construction industry – and indeed parts of manufacturing and other services – rely on a healthy property development industry to drive orders, work and jobs. “The Government’s focus on getting construction kick started to help heal the economy is spot on. But if it is to succeed, it is vital that everyone involved recognise the crucial role played by property developers and investors: these are the businesses that feed the construction industry when they take on risk by committing to develop and regenerate our built environment. Talking to construction firms alone is not enough.”
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Leicestershire BUILDER Magazine • JULY 2013 • Tel: 01530 244069
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Development properties Former college site for sale at the 11th July transformed to new family homes Cottons Auction The following properties are being offered for sale at the next Cottons Property auction which takes place on Thursday 11th July 2013 at 11am at Aston Villa Football Club, Villa park, Birmingham B6 6HE: •
LOT 3: Freehold Meeting Hall with Vacant Possession – at Rough Hay Gospel Hall, Hall Street east, Wednesdbury, WS10 8PE . Total floor area: 1,475 sq.feet on a site of 0.139 acres. GUIDE PRICE: £40,000-£50,000 • LOT 11: Freehold Residential Investment/Former Public House - at 10 Wellington Road, Bilston, West Midlands WV14 6AA. Two storey former public house informally converted without planning consent and arranged as 5 bedsits. Total current rental income: £25,020 p.a. GUIDE PRICE: £90,000-£98,000. • LOT 24: Freehold Residential Investment Opportunity (8 Flats) with Further Redevelopment Potential – at Eagle Court, 17 Eagle Street, Penn Fields, Wolverhampton WV3 7DW. Eight well laid out and self-contained apartments situated in a purpose-built two-storey block. Occupying a large rectangular site set back from Eagle Street with side vehicular access to a rea parking and amenity area. A planning application (ref: 09/00019/FUL – dated 8th January 2009) was approved following appeal for an extension to the existing apartment block to create an additional 4 apartments. The planning consent has now lapsed. Total rental income now is £26,700 p.a. Total rental income when fully let would be £42,900. GUIDE PRICE: £390,000-£420,000. LOT 30: Freehold Development Land with Planning • Permission for 4 Dwellings – adjacent to 114 Aldermans Green Road, Coventry CV2 1PP. Currently comprises a parcel of overgrown scrub land located 3 miles north east of Coventry City Centre in a predominantly residential area. Planning consent was granted by Coventry City Council (ref: FUL/2012/2245) on 16th January 2013 for 3 houses and a flat with garages to the rear. GUIDE PRICE: £85,000£89,000. LOT 42: Freehold Residential Development Opportunity – at • 12 Pound Road & Land Between 12 & 20 Pound Road, Oldbury, West Midlands B68 8LY. Comprising an existing three-bed end-terrace house and an adjacent parcel of land which has the benefit of planning consent for one pair of two-bed semi-detached houses and one twobed detached house. GUIDE PRICE: £165,000-£180,000. For more information about any of these properties, contact Cottons on 0121 247 2233 or email: auctions@cottons.co.uk or view the catalogue on the website at www.cottons.co.uk
TRANSFORMATION of the derelict former Tresham college site in Kettering into 40 new affordable homes has been completed. The £4.8m development, on St Mary’s Road in Kettering, Northamptonshire, is a partnership between Loughborough-based contractor and developer, William Davis Ltd; affordable housing provider, Waterloo Housing Group; Kettering Borough Council and North Northants Development Company. Comprising a range of homes from one bedroom (L-R) Richard Cornes, William Davis apartments to four bedroom Ltd; Cllr. Steve Bellamy, Kettering houses, St Mary’s Road is situated Borough Council; Dermot McRoberts, within a short walk of the railway Waterloo Housing Group and Caroline station and has completely Wardle, North Northants revitalised one of the main routes Development Company. into the town. To officially open the scheme, project partners and residents gathered on site to unveil a commemorative stone plaque. Speaking at the event, Richard Cornes, partnerships director at William Davis said: “The completion of this affordable housing scheme marks a milestone in the revitalisation of one of Kettering’s most prominent gateways. It has transformed a former college campus, which had become run down and unfit for purpose, into new, energy efficient homes.” Designed by rg+p architects, St Mary’s Road was supported with £1.9m grant funding from the Homes and Communities Agency.
Development site for 3 dwellings in Woodville HOWKINS & HARRISON are offering for sale a development site for 3 new dwellings plus an existing dwelling at Ashby Road, on the edge of Woodville, Swadlincote DE11 7BY. The 0.9 acre site, which borders open fields, has Outline Planning Consent for 3 new dwellings with garages, under two separate consents. The existing 3-bed dwelling offers good family sized accommodation but does require some minor modernisation. The Guide Price is £500,000-£550,000. For more information, contact Howkins & Harrison on 01827 718021.
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Leicestershire BUILDER Magazine • JULY 2013 • Tel: 01530 244069
Site for 3 dwellings in Barwell WARDS residential are offering for sale a development site with planning permission (ref: 08/00018/FUL, plus extension of time 11/00161/ EXT) for three dwellings at Byron Street, Barwell, Leicestershire. The consent is for one detached three-bed property and a pair of three-bed semi-detached properties, each with garages. The asking price for the land is £150,000. For further details, contact Wards on 01455 251771 or email: info@ wardsresidential.co.uk
Site for 3 dormer bungalows in Overseal HOWKINS & HARRISON are asking £215,000 for a development site at Valley Road, Overseal, Derbyshire DE12 6NL. The 0.4 acre site has detailed planning permission (ref: 9/2012/1065) for 3 large dormer bungalows together with garages, off road parking and gardens. For more information, contact Howkins & Harrison on 01827 718021.
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Builders’ Problems SOLVED
Privity of Contract Problem: Late last year, on a recommendation, my business was contacted by company ‘A’ to carry out work on a large building project. We submitted a quote which was accepted and the work was duly completed and an invoice subsequently raised to company A, which remains outstanding.
Response: Hello Norman. Although your 2 jobs are not only on the same building but are actually covering the same work, you have separate agreements with different parties which means that there are 2 contracts that are in law, completely independent from each other.
The building has now been handed over to company ‘B’, who have since requested us to carry out additional work. This involves upgrading materials previously installed by us. The owners want us to commence the work in the next few weeks. However, I am concerned that if company ‘A’ does not pay and I am forced to instigate proceedings against it, will carrying out work for company ‘B’ potentially cause my business a problem in chasing company ‘A’ in the future. The invoices are obviously to 2 different companies for 2 separate jobs. However, 1 invoice does involve my business removing approximately 30% of materials from the initial job where company ‘A’ has yet to pay, and the materials will be worthless as they are specifically for this job.
When you enter into a contract with a party, there is a common law doctrine which prevents a person who is not a party to a contract from enforcing a term of that contract. This is called privity of contract and applies even where the contract was made for the purpose of conferring a benefit on a third party [notwithstanding in specified circumstances the Contracts (Rights of Third Parties) Act 1999 that reformed the privity of contract rule]. Providing you have carried out your work for company ‘A’ to the requisite standard under that contract (i.e. the materials you installed met the contract specification), then company ‘A’ will have no defence should it attempt to make any reference to the same materials now being removed under a separate contract. You have not said what the value
Norman, Rothley
Michael P. Gerard of your invoice is, but I suggest that you consider issuing a statutory demand or apply for summary judgement (Part 24 of the Civil Procedure Rules). Alternatively, you may wish to consider statutory adjudication if your work comes under the [new] Construction Act. In the meantime, I wish you luck in carrying out the work for company ‘B’. © Michael P. Gerard MSc, PGDipLaw, PGDipBar, FCIOB, MCIArb, MAE The advice provided is intended to be of a general guide only and should not be viewed as providing a definitive legal analysis.
Author background Michael is a Barrister, Chartered Builder, Registered Adjudicator & Accredited Expert in quantum and planning matters. He is Managing Director of Michael Gerard & Co www.michael-gerard.co.uk, a company of chartered building consultants and quantity surveyors who provide a specialised service in the areas of construction law, quantum, programming, business recovery and insolvency support to the construction industry. Michael is also a consultant with Silver Shemmings LLP, a London practice of solicitors specialising in construction.
Told the doctor I thought I had athlete’s foot. He looked at me and said, “I don’t think you have athlete’s anything.”
14
Leicestershire BUILDER Magazine • JULY 2013 • Tel: 01530 244069
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Development tax reform welcomed, but property industry warns of ‘frustrated growth’ The Government’s reform of the Community Infrastructure Levy (CIL) should ensure the per square metre tax on property development focuses on economic growth and introduces speed and certainty to the sector, according to the British Property Federation (BPF). However, in its response to the Government consultation the BPF warned that where local authorities had already set levies, they were often too high and acted as a brake on development, contrary to the Government’s other progrowth measures aimed at kick starting the industry. CIL is designed to largely replace s106 obligations, with the money raised spent on a wide range of infrastructure needed to support development. The Government is proposing, among others, to: Strike a balance between funding infrastructure and effecting the viability of a development; Allow councils that have not yet adopted a levy an extra year to do so; Allow payment in kind in lieu of the levy; Remove the vacancy test, meaning CIL will not generally be payable on buildings that have been vacant for a period of time. Liz Peace, Chief Executive of the THE FOLLOWING development properties are being British Property Federation, said: “We’re pleased the Government offered for sale by Graham Penny Auctions in July: has listened to the concerns of the • Nottingham Auction – at Nottingham Racecourse, property industry and has sought Colwick Park, Nottingham NG2 4BE on Thursday 4th July to amend a policy that would have 2013, starting at 11.30am: otherwise have erected another Former community office building at 45-47 Strelley Road, Nottingham • barrier to development. NG8 3AX with planning permission for conversion into 4 apartments “Concerns remain that where – GUIDE PRICE: £70,000+ councils have already set their levy, Grade II Listed barn at Great North Road, Cromwell, Newark, Notts. • it’s too high and will only serve to NG23 6JE with planning permission to develop into a three-bed frustrate growth and development. dwelling – GUIDE PRICE: £50,000+ Time will tell, but it would not be a huge surprise to see these councils Nottingham Auction enquiries phone number: 0115 958 8702 having to reset their levy at a more • Derby Auction – at Pride Park Stadium, Derby on realistic rate in the near future. “ Thursday 11th July 2013, starting at 11.30am: Sue Willcox, Head of Town Single building plot for a detached dormer bungalow and integral • Planning at Sainsbury’s, said: garage on land adjoining 39 Priorylands, Stretton, Burton upon Trent, “Despite the proposed changes Derbyshire DE13 0HH – GUIDE PRICE: £36,000. there are still concerns that some Double building plot with consent for 2 detached bungalows on land • charging schedules are being set at the rear of 51 Brook Street, Shepshed, Leics. LE12 9RF – GUIDE too high, particularly for some uses. PRICE: £72,000. Local authorities should provide a Residential development site at the Former Derbyshire County Council • proper evidence base and assess Depot, Draycott Road, Breaston, Derbyshire DE72 3DS with Outline whether or not their CIL will stifle Planning Permission for 9 residential dwellings – GUIDE PRICE: rather than support growth.” £300,000+ Margaret Baddeley, Senior
Auction properties being offered by Graham Penny
Associate Director, Nathanial Lichfield & Partners, said: “While work remains to be done on CIL, it’s reassuring that Government continues to examine the fundamentals and change the details of how the levy is operated. This consultation goes a long way towards ironing out the development industry’s key concerns. “Particularly important to those seeking planning permission for major schemes are closer ties between infrastructure lists and the timely provision of the infrastructure on those lists. The consultation proposals help in this area. There is still more that could be done however, to ensure a proper balance between the right infrastructure being provided at the right time and it being funded by the right levels of CIL that do not undermine development viability. We are not there yet.”
Local surveyor’s APC success
COMMERCIAL property consultants APB Leicester are celebrating the exam success of surveyor Will Shattock who has passed his APC, Assessment of Professional Competence, to become a fully qualified chartered surveyor. •
Former church and meeting rooms (pictured above), suitable for a variety of purposes, or possible redevelopment, subject to planning, at Beauvale Methodist Church & Premises, Dovecote Road, Beauvale, eastwood, Notts. NG16 3QL – GUIDE PRICE: £75,000+ • Residential development site of 0.4 acres with planning consent for 7 houses at New Street, South Normanton, Derbyshire DE55 2BS – GUIDE PRICE: £100,000+. Derby Auction enquiries phone number: 01332 242880.
The accreditation takes over two years to complete and concludes with a final report and an hour long interview. Will, who is 23, joined the De Montfort Street, Leicester firm two years ago after graduating in Real Estate Management from
Nottingham Trent University with a 2:1 BSc Honours degree.
They say you need to listen to what your body is telling you. But mine just points and laughs.
16
Leicestershire BUILDER Magazine • JULY 2013 • Tel: 01530 244069
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Westleigh invests in local talent A LEADING Leicestershire property developer has reinforced its commitment to developing local talent by announcing that it will once again be taking on three new apprentices in September. Following the recent news that on average there are 11 applicants for every apprenticeship scheme, Whetstone-based Westleigh Developments has acknowledged the growing need to provide opportunities for local school leavers by creating new apprentice roles that will provide hands on construction experience. Now in its 13th year, Westleigh’s highly successful three year apprenticeship scheme has taken on 36 local apprentices to date since its launch in 2000 and will this year employ three new people, including one from Westleigh Vocational Academy, to learn the trades of carpentry and joinery and bricklaying. Built by the developers in 2010, Westleigh Vocational Academy is part of Countesthorpe Community College, and offers a number of courses including NVQs in construction. Principal, Brian Myatt, comments, “We are delighted to hear that Westleigh are once again supporting local school leavers by offering apprenticeship opportunities. Never have schemes like this been more in demand and we are happy that one of our own students from the academy will be starting a new role with Westleigh in September.” Westleigh Production Director Tony Keable, who oversees the apprenticeship scheme, comments, “We are delighted to once again be welcoming new talent into the Westleigh fold in September and are particularly thrilled that one new starter will be taking advantage of the great facilities at Westleigh Vocational Academy. “We believe apprenticeships
0772 309 2474 www.seabrookdigital.com
Winshill land with consent for 10 dwellings: £250k+ SCARGILL MANN & CO are inviting offers over £250,000 for a parcel of building land with Outline Planning Consent for 10 dwellings.
Left to right - Greg Wheway, Luke Martin and Will Earley. Front – Tony Keable, Westleigh Production Director are a key way to help support constructions skills for the future and ‘on the job’ learning is one of the most effective ways to gain experience and get to grips with working life. This has certainly proved the case with our apprenticeship scheme, as many of our past apprentices have gone on to join the company full time and have remained with Westleigh to this day.” William Earley from Leicester (18) is now in his third year of his brick-laying apprenticeship and currently works at Westleigh’s new homes development at Windsor Avenue, Peterborough. He comments, “My granddad was a bricklayer and it’s always something I’ve been keen on doing myself. This apprenticeship has given me the opportunity to learn a unique skill on the job, which to me is much more appealing than sitting in a class room.” He adds, “I would recommend anyone who is thinking of applying for an apprenticeship to go for it. I have thoroughly enjoyed my time with Westleigh and I can’t wait to continue my development with them after I have completed the scheme.”
Greg Wheway (17), also from Leicester, is currently in his second year with Westleigh learning carpentry and joinery and is based at its new homes development at Belgrave Riverside, Leicester. He says, “I had conducted work experience at Westleigh previously and my time with them allowed me to gain a better understanding of the construction industry. So, when it came to deciding what to do after school, the apprenticeship seemed like the obvious choice. Not only has it allowed me to learn new skills, but it has also provided a place of work and an exciting future.” Luke Martin (17) is also in his second year with Westleigh learning brick-laying and is also currently on site at Belgrave Riverside. He says, “The three new apprentices joining in September will not regret their decision. Everyday is a learning curve on the scheme and although hard work, I enjoy every minute and would much rather be out on site than paying to study full time at university.” Westleigh’s 2013 apprenticeship scheme is now closed and applicants have now been chosen.
The land – at the site of The Former Nelson Inn, Nelson Street, Winshill, Burton upon Trent DE15 0DE – has a site area of approximately 1,545 sq.metres. For further details, or to arrange a viewing, contact Scargill Mann & Co on 01283 548194.
Building plot in Thrapston PATTISON LANE are offering for sale a building plot with detailed planning permission for a fourbed detached dwelling of approx. 3,500 sq.feet at Chancery Lane, Thrapston, Kettering. Foundations for the property are partially completed. The asking price is £250,000. For more information, contact Pattison Lane on 01536 524425 or email: kettering@pattisonlane.co.uk
My doctor told me that I’d be lucky to reach 50. That’s the last time I give him a lift in my Robin Reliant.
After spending 20 minutes trying to get my girlfriends bra off, I decided to give up, I wish I’d never put it on now.
Today is going so slowly my life is flashing before other people’s eyes.
18
Leicestershire BUILDER Magazine • JULY 2013 • Tel: 01530 244069
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Natalie carves out a career in construction with award-winning developer
Development opportunity in Wittering
IT’S usually seen a ‘job for the boys’ – but the estimated £1.5 billion construction industry is one of the UK’s largest and most important sectors. While it employs some 1.4 million people, only nine per cent of those working in construction are women – according to The Equal Opportunities Commission. Regional developer Linden Homes is proud to be among that statistic. Hard hats and hi-vis jackets are a familiar sight on new homes developments around the country. But for award-winning developer Linden Homes, the wearer of one such uniform marks a first for the company. At just 28, Natalie Armstrong is the company’s only female (graduate trainee) assistant site manager proving that there are opportunities for the girls in what is perceived as a male dominated industry. Looking for a new challenge when she and her RAF husband moved to Lincolnshire, designer Natalie swapped soft furnishings for a hard hat when she was offered a job with What House? Best Large House Builder of the Year, Linden Homes. She said: “I did a degree in furniture design and produced some designs for John Lewis before moving to a company which specialised in bespoke furniture and interiors.
“After relocating to Lincolnshire I decided to move onto something which involved project management, and enrolled onto a part-time MSc in Construction Project Management at the University of Lincoln.” Natalie - who is nearing the end of her studies – has also gained some hands on experience thanks to work shadowing NHBC inspectors both locally and in London. Based at the popular NHBC award-winning Orchid development in Oakham, Rutland, she said: “I can honestly say that I haven’t encountered any kind of prejudice from my male counterparts, many of whom have many years’ experience of a trade before moving into a project management role. “My strengths are my design background and my attention to detail, which are particularly helpful when it comes to my responsibilities relating to the second half of the build programme – involving the tiling, painting etc. I have laid a couple of bricks though!” And when it comes to keeping the chaps on site in check? “My husband says I’m naturally bossy,”
Church hall for sale in Mansfield W.A.BARNES are offering for sale the Church Hall adjacent to Nottingham Road Methodist Churcy, Mansfield, Notts. NG18 1BA. The 2,938 sq.ft. building was constructed in 1913 of brick under a slate roof. Offers in the region of £90,000 are invited. For more information, contact W.A.Barnes on 01623 554084 or email: sales@wabarnes.co.uk
Linden Homes’ (graduate trainee) assistant site manager Natalie Armstrong – the region’s only female in the role - carving out a career in construction. said Natalie, “so I don’t really have a problem in telling them what to do!” Linden Homes’ production manager Don Burley said: “It’s a breath of fresh air to have Natalie on board. She is a very dedicated and talented member of the team, keen and quick to learn. As a company we are delighted to demonstrate that there are opportunities for both men and women within the construction industry.” According to an Equal Opportunities Commission report, women make up a about 49 per cent of the UK’s total workforce. This breaks down into construction industry (9 per cent), trades people (1 per cent), design and management (4 per cent), secretarial (84 per cent), sole traders (2 per cent) and micro enterprises (4 per cent).
SHARMAN QUINNEY are asking £175,000 for a development opportunity in Wittering with consent (Peterborough City Council ref: 11/00081/FUL) for 5 dwellings. The property – at Church Road, Wittering, Peterborough – is a former Peterborough City Council depot site. For more information or to arrange a viewing, contact Sharman Quinney on 01780 752136.
Site for 4 dwellings of former pub car park in Bulwell SAVILLS are inviting offers in the region of £100,000 for a development site at the Former Blenheim Public House, Snape Wood Road, Bulwell, Nottingham NG6 7GH. Full planning permission (ref: 13/00497/PFUL3) was granted in April 2013 for the erection of 4 new dwellings and the conversion of the public house into 6 apartments. The Vendor is retaining the Public House and has begun undertaking the conversion works. The new build dwellings will be 4-bed terraced units each with off-street parking and large private gardens. For further details, contact Joshua Knight at Savills on 0115 934 8167 or email: jknight@savills.com My job in genetic engineering is quite well paid, I made a monkey last week.
The kids text me “plz” Because it’s shorter than “please”. I text back “no” because it’s shorter than “yes”.
20
Leicestershire BUILDER Magazine • JULY 2013 • Tel: 01530 244069
Marsh Close, Rushey Mead RESIDENTIAL
• One bedroom first floor flat • Quiet residential location • Joint agents: Rathods Property Centre • Est. rental income of £375 p.c.m (£4,500 pa) • Ideal for owner occupier, rental investor or first time buyer
Guide price: £35,000 - £45,000 Cherry Tree Court, Kirby Muxloe COMMERCIAL
• Ground floor retail unit • Located within parade of shops • Est. rental income of £4,800 p.a. (12% Yield) • Joint agents: Rathods Property Centre • Ideal for rental investors
Guide price: £40,000 - £50,000 Dennis Street, Hugglescote RESIDENTIAL
St Paul’s Road, Off Fosse Road North FLATS
Glossop Street, Off Evington Road RESIDENTIAL
• Two self-contained flats • Close to Leicester City Centre & Leicester Royal Infirmary • Very well presented internally • Est. rental income of £10,200 p.a. (10% Yield). • Ideal for rental investors
• Three bedroom mid-terrace property • Located in a very popular residential location • The property requires refurbishment • Est. rental income: £11,500 p.a. (13% Yield) • Ideal for rental investors or owner occupiers
Guide price: £100,000 - £120,000
Guide price: £85,000 - £95,000
7 Withington Close, Thorpe Astley RESIDENTIAL
Hillsborough Close, Glen Parva RESIDENTIAL INVESTMENT
• Three bedroom semi-detached property • Very popular residential location • Close to the main M1 & M69 Motorways • Joint agents: Rathods Property Centre • Est. rental income of £575 p.c.m (£6,900 pa)
Guide price: £115,000+ 8 Withington Close, Thorpe Astley RESIDENTIAL
• Two bedroom self-contained flat • Within purpose built block • Let on A.S.T • Current rental income: £5,700 p.a. • 16% Yield
Guide price: £35,000 - £45,000 Cort Cresent, Off Hinckley Road RESIDENTIAL
• Two bedroom detached cottage • Located in quiet residential location • In need of refurbishment • Good sized plot • Est. rental income of £550 p.c.m (£6,600 pa) - after works • Having garage & off road parking
• Three bedroom semi-detached property • Close to Meridian Leisure Park & Fosse Shopping Park • Good sized kitchen/diner • Joint agents: Rathods Property Centre • Est. rental income of £575 p.c.m (£6,900 pa)
• Three bedroom mid-town house • Close to all amenities & schools • Very well presented internally • Est. rental income: £575.00 p.c.m excl. (£6,900 pa). • Previously marketed at £109,950
Guide price: £65,000 - £75,000
Guide price: £115,000+
Guide price: £75,000 - £95,000
If the Mayans have taught us anything, it is that if you don’t finish something, it’s not the end of the world.
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Property Auction on Wednesday 10th July 2013 at 5pm
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At: Leicester City Football Club, The King Power Stadium, Banks Lounge, Filbert Way, Leicester LE2 7FL Payne Street, Belgrave RESIDENTIAL
Goodwood Road, Near General Hospital RESIDENTIAL
Land at Nansen Road, North Evington LAND
• Three bedroom extended terrace property • Finished to high standard • Est. rental income: £575.00 p.c.m excl. (£6,900 pa) • Joint agents: Rathods Property Centre • Previously marketed at £135,000
• Three bedroom end town house • Having garage located in block • Est. rental income: £550 p.c.m (£6,600 pa) • Ideal for first time buyer, rental investor or owner occupier
• Building land • Popular residential location • P/P granted for three bedroom dwelling • Ideal for developers
Guide price: £95,000 - £115,000 Station Road, Cropston RESIDENTIAL
• Four/five bedroom detached property • Within walking distance of Swithland Woods & Bradgate Park • Desirable village location • Landscaped gardens / detached garage • Previously marketed at £399,950
Guide price: £295,000 - £325,000
Guide price: £80,000 - £100,000 Aikman Avenue, Leicester RESIDENTIAL
• One bedroom ground floor flat • Within purpose built block • Good condition throughout • Est. rental income: £375 p.c.m (£4,500 pa) • 18% Yield
Guide price: £25,000 - £35,000 Orchard Street, City Centre RESIDENTIAL
Lansdowne Road, Aylestone FLATS
Guide price: £45,000+ Chantry Lane, Groby Road 21 BED CARE HOME
• Former care home property • 21 bedrooms • Situated on large site • Development opportunity • Previously marketed at £550,000
Price Guide: £300,000+
For An Auction Catalogue & Viewing, Contact:
SHONKI BROS ESTATE AGENTS
• Four self-contained flats • 2 x 2 bed flats / 2 x 1 bed flats • All separately metered • Est. full rental income: £20,040 pa • Ideal investment opportunity
• One bedroom ground floor flat • Perfect city centre location • Est. rental income: £450 p.c.m (£5,400 pa) • 10% Yield • Previously marketed at £80,000
95 NARBOROUGH ROAD, LEICESTER Tel: 0116 255 7573 www.shonkibros.com info@shonkibros.com
Guide price: £50,000 - £60,000
Guide price: £215,000 - £225,000 When I argue with my wife, I always get the last word. It’s just that sometimes she can’t hear it.
22
Leicestershire BUILDER Magazine • JULY 2013 • Tel: 01530 244069
Upward trend in housing planning permissions continues · · Thursday 4th July 2013 CPBIGWOOD - at Aston Villa Football Club, Holte Suite, Aston, Birmingham B6 6HE - 11am-6pm - tel: 0121 233 5046 - www.bigwood. uk.com Thursday 4th July 2013 - GRAHAM PENNY - Nottingham Racecourse, Colwick Park , Nottingham - 11.30am start - tel: 01159 588 702 - www. grahampenny.com Thursday 11th July 2013 - COTTONS - at Aston Villa FC, Villa Park, Birmingham B6 6HE - 11am start - tel: 0121 247 2233 or email: auctions@cottons.co.uk Thursday 11th July 2013 - GRAHAM PENNY - The Pedigree Suite, Derby County F.C, Pride Park Stadium, Derby - 11.30am start - tel: 01332 242880 - www.grahampenny.com Tuesday 23rd July 2013 - READINGS - at The Underwood Suite, Leicester Tigers R.F.C., Welford Road, Leicester LE2 7TR - tel: 0116 2227575 or email www.auctionhouse. uk.net Wednesday 24th July 2013BAGSHAWS RESIDENTIAL - at Derbyshire County Cricket Club, Grandstand Road, Derby, DE21 6AF - 11.30 start - tel: 01332 361308 - email: auctions.derby@ sequencehome.co.uk - www. bagshawsauctions.co.uk
Mansfield site for 10 houses: £150k FHP Property Consultants are inviting offers in the region of £150,000 for a residential development site at Orchard Street, Mansfield, Notts. NG19 7DZ. The 0.47 acre site – which was formerly the site of Ma Hubbard’s Public House – benefits from a detailed planning consent (ref: 2011/0645NT – Mansfield District Council) for 5 three-bed properties and 5 two-bed properties. For more information, contact Lucinda Hancock on 0115 841 4794 or 07557 972 449 or email: Lucinda@fhp.co.uk
Q1 permissions up over 10% year on year First full year of NPPF sees over 20% increase
FIGURES released in HBF’s latest Housing Pipeline report show that whilst the number of planning approvals for new homes for the first quarter of 2013 fell back on the previous quarter, the upward trend continued with a 10.5% year on year increase. The figures also give a first full year picture under the National Planning Policy Framework (NPPF), revealing a 21.7% increase on the previous 12 months. 40,633 dwelling permissions were granted in the first quarter of this year, down from 45,041 in Q4 of 2012 but up 10.5% on the 36,761 granted in Q1 of last year. It is the highest Q1 figure recorded for five years, but is still well short of the 55,000 permissions required on average per quarter to meet housing need or the 54,500 that were being granted on average during 2006/07. Demand side support measures such as the Help to Buy Equity Loan scheme are starting to address the deposit gap and affordability barriers that have been the biggest constraints on housing supply in recent years. It is now vital the planning system provides sufficient permissioned land to allow home builders to increase supply over the next few years. The Q1 figures provide our first full year picture since the introduction of the NPPF in March 2012. Glenigan, who compile the data for HBF, recorded that 144,427 permissions were granted in the 12 months to March 2013, up from 118,723 in the corresponding period a year earlier and the highest figure since 215,445 permissions were granted in the 12 months to Q1 2008. This increase is undoubtedly down to more applications being submitted as a result of Government demand side measures and an improving mortgage market, but also reflects the positive planning principles of the NPPF and the robust appeals system being applied. Under the NPPF, local authorities have more responsibility for what is built in their areas. They are required to assess their housing needs and then allocate sufficient land to meet them. Some local authorities are adopting the positive planning principles of the NPPF and are developing robust housing plans. Some are not. The NPPF though is benefitting from an appeal system that underpins its principles and allows
developers to make justified appeals. House builders have lodged an increasing number of successful appeals in instances where local authorities have not met the requirements of the NPPF. This should act as an incentive for them to put robust plans in place as soon as possible to ensure they have control over development in their areas, as opposed to allowing ‘planning by appeal’. Planning permissions granted now will, in the main, be built over the next three or four years. Around 115,000 homes a year are currently being built in England, against a demand requirement for 220,000 so the need to see a continued and steady increase on the number of permissions granted is quite clear. Stewart Baseley, Executive Chairman of the HBF, said; “The overall trend in residential permissions is very positive and hopefully reflects both the principles of the new planning system and an improving market place. But we are still well short of the numbers needed and have to see continuous and steady increases over the coming quarters. “The Government has unveiled some extremely positive measures aimed at boosting housing supply. The Help to Buy Equity Loan scheme is making a real difference on the demand side but it will only succeed in increasing house building if the planning system allows home builders to increase activity. “The NPPF gives much more power to local authorities to take control over what is being built in their areas. It is though underpinned by a robust appeals system that developers can use when justified. Hopefully this will help ensure local authorities put proper plans in place that meet the responsibilities they have to their communities. “Building the homes we need could take millions off social housing waiting lists and enable beleaguered first time buyers to get a foot on the ladder. It could also create half a million new jobs, and give the country a massive and much-needed economic boost.”
BARWELL CENTRE Development / Retail site Situated Stapleton Lane / Kirkby Road / Top Town Over £1,000,000 planned to improve position surrounding address by authorities. £250 million Barwell extension recently passed planning application to include 2500 homes. A major scheme on the site is at a 4 year stage with H&BBC. All plans available on approach.
Price: £650,000 - offers considered. All enquiries please email franbarker123@ hotmail.co.uk
Ryhall building plot : £255k RICHARDSON Chartered Surveyors are offering for sale a building plot of 0.25 acres with full planning consent for a substantial 5bed detached family home. The plot – at Essendine Road, Ryhall, Stamford, Lincs. – is for sale at an asking price of £255,000. For full details, contact Richardsons on 01780 762433 or email: post@richardsonsurveyors. co.uk
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Leicestershire BUILDER Magazine • JULY 2013 • Tel: 01530 244069
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