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P r op er ty Dev elo pm en t & Investment

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02 Gibraltar’s information tool for the Construction Industry

JEWS GATE CEMETARY

EUROCITY

MONS CALPE MEWS UPDATE

BUENA VISTA PARK VILLAS

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contents I S S U E 02

TOURISM

GOvernment of gibraltar

04 06 10

58 60 64

How to turn a rubbish dump into a tourist attraction New three-star franchise hotel corners mainstream market Jew’s Gate Cemetery

CONSTRUCTION 14 18 20 22 26 28

Construction, the backroom boys (and girls).

30

The Gibraltar Development Plan, all bark and no bite?

How’d you like your BIM, Sir? Buying Property Off Plan - What do you need to know?

Project Management – Guiding the vision Eurocity – A visionary development for Gibraltar Statutory Adjudication: An alternative approach to resolving construction disputes

ENVIRONMENTAL 32 36 40 42 48 50 54

Providing environmental solutions to the construction industry Building Control Gibraltar Leads the way in advanced LED lighting control.

The Green Agenda The Department of the Environment & Climate Change (DECC) Gibraltar Air Quality Gibraltar’s city level greenhouse gas inventory

Complimentary Copy

BuildGibraltar

P r op e r t y D e v e l op m e n t & I n v e s t m e n t

Issue

02 Gibraltar’s information tool for the Construction Industry

JEWS GATE CEMETARY

EUROCITY

MONS CALPE MEWS UPDATE

BUENA VISTA PARK VILLAS

Building regulation reform needed for progress The Gibraltar Heritage Trust: protecting our past for our future IOSH - health and safety

infrastructure 66

A single point of responsibility under the JCT Design and Build Contract 2011

68

Structured Data Cabling – Building a solid foundation for the future

70

Lagan Construction International completes project at RAF Gibraltar on budget and two weeks early

residential 72 78 80 82

Buena Vista Park Villas: Update Mons Calpe Mews: Update Beachview Terraces: Update Home Ownership: A saga maybe, but generally a successful one.

commercial 88

Gibraltar ranked as #1 advantageous tax jurisdiction for property investment

Build Gibraltar Team

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cannot accept responsibility for any errors or omissions. The Publishers and the

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Editor accept no responsibility for statements made by contributors or for any claim made through advertisements published in this magazine.

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BuildGibraltar ISSUE 02 3

Tourism

How to turn a rubbish dump into a tourist attraction The project to restore the Northern Defences to its former glory is considered one of the most complex schemes ever attempted in one of the most derelict and abandoned areas of the Upper Rock. But rather than the shirk the challenge, Carl Viagas saw it as an opportunity to create a heritage-rich tourist attraction which would rival all others in Gibraltar, and with a very low budget into the bargain.

We caught up with the government architect responsible for both the King’s Bastion Leisure Centre and the Gibraltar International Bank to ask him what were the main obstacles to his restoration plans and how he managed to overcome them.

“In all cases we were talking of sheer manpower as there was no possibility of getting plant or vehicles up there and it would all have to be done by hand,” said the architect employed by the Government for most heritage-sensitive sites. “During the summer when most of the work was being done, you could appreciate the effort of the crew working seven hours a day under the scorching heat. By ten in the morning everyone

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was exhausted. Therefore the main challenge was the logistics of making it happen on the ground.

“There have been clean-up campaigns in the past but they have not yielded significant benefit so the general public has avoided the area because of the anti-social behaviour that had been going on,” reported Viagas. “It is incredible what has been deposited over decades and how certain people have even thrown motorcycles in such a remote area. Over 500 tons of rubble have been removed from the Puerta de Granada area as part of the enabling package and, since July, we have focused on removing what could amount to around 200 tons of rubble from the pathways and tunnels, while vegetation has been cut back to expose the original steps, ramps and galleries.”

The first attempt to tackle the project was back in 2002 but, with different priorities at the time, it was discontinued. It was only when Deputy Chief Minister Joseph Garcia from the GSLP/Liberal coalition agreed to fund the project that work could finally go ahead. One of the reasons previous administrations had been discouraged from developing the area was the lack of access to the site, with the Road to the Lines being a purely pedestrian walkway from the lower side, an entrance from Casemates or Grand Battery being quite limited and a potential second entrance at Moorish Castle Communication was blocked up.

Engineering feat

Social profit

In what was quite a remarkable feat of modern engineering on a small budget Viagas came up with a plan based around chute on the side of a scaffolding tower from Grand Battery all the way up to Castle Battery. Equipment and materials such as gravel and were hoisted up with a crane system while health and safety decisions were made about alterations to the original architecture.

The value of the Northern Defences, not only as a heritage site, but also for the construction accomplishment it was in its day, was evident to Viagas when he started undertaking the clean-up, as he told BG: “Every few steps there is a different feature, be it a tunnel, stairway or chamber carved out of the rock face, bombproof barracks and magazines - many which are still standing today almost in their original condition, even though they date as far back as medieval times. There has not been an attempt to refurbish many of these barracks to make them look clean or pretty. In fact, having moss or lichen growing on them adds the age factor, while impact damage on some of the buildings gives it value in terms of providing the scars of time.”

“What was always seen as an impossible task that was going to cost millions, has been achieved in less than a year on a very conservative budget,” continued the heritage expert.

“The ability to break up a project into small chunks and to manage and transfer personnel from one to the other has made it all possible. There were only a certain amount of people you could put on the site at the same time. Even if we had 200 workers there was only one chute and one skip so, like a chemical reaction it became the one agent that would slow down everything else. This meant that we could only have an average of 15 persons working at one time as any more would have made it difficult to carry out the work properly.

“The final areas in progress are the King’s and Queen’s Lines where the Royal Engineers have been assisting to create an independent space which will not be open to the public at this stage. On the whole though, it’s not very different to the Upper Rock except that some of the areas are connected by tunnels as a certain outcrop would have had to be drilled through with around 500m of tunnels being opened up.”

He said health and safety was an issue because, if overdone, it would result in the spoiling of the historic site’s heritage value, while if he took that concern too far it could destroy the monument altogether. “By the same token we need to accept that there would be a couple of structures that were fine 200 years ago that would nowadays be considered a hazard,” he continued. “One of those such issues was the boundary wall to the site with Crutchett’s Ramp becoming unstable to the point it was on the verge of collapse when we started removing rubble from the other side. Sections of the wall were temporarily reinforced whilst awaiting a final DPC decision, which, on the whole, leads me to suggest the compromises that have been struck are all very positive.”

The newly cleared paths will provide limited disabled access from Moorish Castle Estate, with the current enabling package creating the possibility for certain structures being refurbished as restaurants, cafes and gift shops. There are also possibilities of using certain open spaces for picnic tables or children’s entertainment with the breath taking views across the northern end of the city and Spain.

For those who have not experienced it first-hand, the Northern Defences spread all the way from the Tower of Homage down to Landport and north to just behind Laguna Estate, from where you can access the Great Siege Tunnels.

The new tourist attraction would in principle start at the corner of Casemates winding its way upwards towards Princess Caroline’s Battery. From this point, originally the main access point to ‘the jungle’, (which had become a huge rubbish dump and where so much anti-social behaviour had been observed) paths wind their way upwards and downwards towards a network of tunnels that lead to King’s and Queen’s Lines.

Viagas concluded that he felt they had done a lot of positive work in clearing up a new area of Gibraltar for our grandchildren: “Each chapter has its own value, as each era of military fortification is built on top of the other. However, we have used a number of internationally recognised conservation charters drafted by UNESCO to guide us, with a number being against the reconstruction of a monument without documentary evidence to support it. Such a practice would be considered to be falsifying history and Viagas feels that in sites such as the Bank and the Leisure Centre it was necessary to put in some materials that were necessary to modernise buildings. “These projects are the sort of projects I find the most challenging as I was presented with two bold lines on a canvas and had to adapt them to the new technology available without negatively affecting the original.

This combination of the old with the new has inherent value in that it is a mix of idealism and pragmatism, using structures which previously had only their heritage value, to create profit, financially or socially, but are now the landscape of tomorrow.”

BuildGibraltar ISSUE 02 5

Tourism

New three-star franchise hotel corners mainstream market While there seems to be a lot going on in Gibraltar’s construction market, for those who at the top of the financial ladder it was refreshing to hear that at least one hotel group was also taking into account a market often disregarded on the Rock. Work on a 120 bedroom 3-star ‘limited service’ Holiday Inn Express will commence in April/May on Devil’s Tower Road where the former Moroccan Worker’s Hostel was located, bringing a franchise hotel to our shores that will make Gibraltar as dependable as it is unique.

“The franchise was acquired in December 2014 the Holiday Inn Express will be managed by G & J B Hotels 2014 Ltd,” said Franco Ostuni, General Manager at the Caleta Hotel and Executive Director of G & J B Hotels 2014 Ltd who will be managing the project. “We believe there is a gap locally within the three-star limited service market and we are very conscious of the need to fill it. The recent closure of the Queen’s Hotel has further amplified the problem, reason why we have acquired what we believe is a very strong brand which will further put Gibraltar on the map.”

He told BG that construction would take 18 months to complete: “It will be one of the first fourth-generation Holiday Inn Expresses in Europe, with a very modern and contemporary look,” said Ostuni. “I have virtually walked this hotel many times with my computer-animated experience. Holiday Inn Express is the fastest growing brand internationally, there are approximately 450 hotels around the

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globe and the ratio of growth has been one opening per week for the last two years, we believe Gibraltar will benefit from the IHG global sales and marketing machine.”

The gap in the three star market has been further highlighted recently during the annual Tradewise International Chess Festival which has seen a considerable number of participants using hotels in Spain because requiring more affordable accommodation.“Land is limited in Gibraltar and therefore we can only develop utilising the height and while probably not aesthetically pleasing if we want to create growth we need to promote and support development.”

In this light, he feels the “mini-city” that is being proposed at the Eastside Development could provide the link between the Holiday Inn Express and the expansion of Caleta Hotel to become a multiple accommodation centre offering four star, five star boutique hotel, serviced apartments and residential. “We see that as a tremendous opportunity, not only for us, but for Gibraltar as a whole. It is on us to create facilities, space and development to attract business growth and population increase. If Europort has made Gibraltar into

what it is today, with the business development and finance centre on the west side of the Rock, the Eastside Project is what will project Gibraltar into the next twenty years.” He hopes that the proposed development will go ahead and while the ten year construction period will make life for the Hotel and the residents in the area very difficult he is confident that the developer and the relevant authorities will be sensible with the working programme and attentive to business and residents needs and rights.

Eastside development Holiday Inn Express is a brand of the Intercontinental Hotels Group (IHG) which serves 150 million guests a year, making it the largest hotel provider in the market. Built on a foundation of consistency, trust, innovation and resolve, the corporation owns the rest of the Holiday Inn offshoots as well as other household names such as Intercontinental and Crowne Plaza hotels and resorts. IHG was founded in April 2003 and currently has over 4,700 hotels in nearly 100 countries around the globe.

“From a client’s point of view it gives the reassurance and comfort of a branded product which can be experienced in any Holiday Inn Express, regardless of whether in Frankfurt, London, Algeciras or Bilbao. The standardisation of service within the brand gives customers the reassurance of the hotel offer and services; while this takes away the individuality of the hotel operator it provides high standards of facilities, a good and efficient service and value for money.”

The fact that a big development happens on the East Side can only be positive for the Caleta the downside is that we need to survive what could be a very difficult time, where the noise, dust and disruption will inconvenience our clientele.

I really believe the East Side is the future of Gibraltar. The development of this large piece of land will have a tremendous impact on the local economy and is an opportunity for the Holiday Inn Express and the Caleta Hotel development.

BuildGibraltar ISSUE 02 7

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All jobs considered contact us for more information and free quote.

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We can provide all the logistics solutions under the one roof.

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BuildGibraltar ISSUE 02 9

Tourism

JEWS GATE CEMETERY

Date: Completed 2015 Architect/Project Manager: WSRM ARCHITECTS Client: Managing Board of the Jewish Community Description: An award-winning installation featuring a series of raised walkways and pathways, sensitively integrated in a historic Grade A Listed Cemetery, located on a challenging site, allowing safe access and a sensory nature experience to visitors, including resting points, scenic vantage points and places for meditation.

Hints of Jewish symbolism are incorporated in the architectural design by WSRM Architects. The feature walkways balustrading depicts abstracts of the branches of the Menorah (sacred candelabrum) from King Solomon’s Holy Temple, where the oil lamps burned continuously, the eternal flames symbolic of eternal souls. The circular form also features prominently in the design and is again, reminiscent of spiritual continuity.

Jews Gate Cemetery (also known as Windmill Hill Cemetery) is found in Gibraltar, on Windmill Hill, located on the SouthEast face of the upper rock area, a steep hill surrounded by dense vegetation. The Cemetery has been, and still is, regularly visited by members of the Gibraltar Jewish Community for prayers on significant Jewish calendar dates,

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as well as by visiting tourists. It was believed to have been in use between the 1720’s and 1860’s. Many local Jews locals can trace back to their ancestors buried in the cemetery.

The location of the burial ground, precarious access stairway and original raised footpaths around the site, measuring approximately only a foot wide, made it unsafe for most to visit.

In 1989, the Gibraltar Heritage Trust designated the Jews’ Gate Cemetery on Windmill Hill as a Category A Listed Building (as noted in the Heritage Trust Act).

WSRM Architects were commissioned by the Managing Board of the Jewish Community (MBJC) in November 2012, to act as Architects, Project Managers, Lead Designers and Contract Administrators in order to design and deliver a refurbished, improved and safe access for visitors to the Jews Gate Cemetery.

WSRM’s initial designs explored ideas to resolve issues posed by the challenges related to the religious sensitivity, historical nature and Heritage value of the area, as well as the physical site constraints such as the steep gradient of the incline and the closeness of one grave to the next. The original access within the site constituted narrow and slightly raised concrete walkways weaving between graves, positioned in an attempt to prevent visitors stepping on the tombstones.

WSRM’s solution was to replace the existing paths and provide a safe raised walkway system. This would be as a sensitive intervention with minimal supports giving a sense of ‘lifting’ while still affording a visual connection to the tombs below as visitors walk over. Access into the site would also be improved with the addition of a ramp, new stairway and easily accessible paths to the lower section of the cemetery for visitors with physical impairment. Materials for the new installations were carefully specified by the Architects so as not to detract from, but enhance, the original historical features.

In order to facilitate the implementation of the design, WSRM Architects commissioned a specialist Ground Radar Survey to specific areas of the site in order to determine the exact positions of the walkway’s structural supports without disturbing any of the graves. These ‘markers’ were then used to plot out a journey connecting key areas, resting points and places for meditation. This journey through the raised walkways would also provide a ‘nature experience’, amid aged tree canopies found within and along the fringes of the site.

Grant to aid the realization of the scheme. The refurbished Cemetery, designed by WSRM Architects, was officially reopened in March 2015.

In October 2015, the Jews Gate Cemetery received a Group Heritage Award by the Gibraltar Heritage Trust - ‘for the sensitive installation of raised walkways and improved access to this Historic site’. wsrm architects t: +350 200 74547 e: architects@@wsrm.gi w: www.wsrm.gi

Following Planning Approval of the proposals, the Project received funding in the form of a Gibraltar Government

BuildGibraltar ISSUE 02 11

A BRIEF HISTORY OF JEW’S GATE CEMETERY When the combined British and Dutch navies attacked and conquered Gibraltar in 1704, they immediately undertook reinforcing the city s defences against the Spanish counter attack that was not long in coming. The British succeeded in hanging on to Gibraltar until the end of the Spanish War of Succession in 1712, and led to the Treaty of Utrecht the following year. During those eight years at war with Spain, the garrison needed supplies which obviously could not come from Spain, and England being so distant, the military authorities turned to Morocco. The first lines of supply for the garrison were set up by merchant Jews from Tetuan, who were themselves descendants of Jews expelled from Spain just over 200 years earlier. By the time the Treaty of Utrecht was signed there were 189 Jews already residing in Gibraltar.

It follows therefore that those first Jewish settlers in Gibraltar would require to organise themselves as an embryonic community. One of the first necessities would have been to have a Jewish cemetery. The question that comes to mind is why did they select such an inhospitable location for their cemetery. There were several reasons: firstly, Jewish law dictates that a cemetery cannot be located within the limits of a built up city; secondly, to locate the cemetery to the North of the town could have political consequences that if any land North of the Rock were ever to revert to Spain, there was

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still in force in Spain the Decree of Expulsion of 1492, which would not allow Jews to reside in Spain, whether alive or deceased; thirdly, Jew s Gate halfway up the Rock at its southern extremity faced directly towards Tetuan whence they arrived in Gibraltar.

Whilst the exact date of the opening of this cemetery is unknown, we do know that it was already in use from at least 1726. In 1848 the military authorities ordered the cessation of any further burials at Jew s Gate, which decision was strongly contested by the Jewish Community who even prepared a Deposition all the way to the House of Commons.

At that time the Jewish Community had been burying their dead at Jew s Gate for at least 122 years, if not more.

It is tradition to bury Rabbis within a mini enclosure as a feature of respect. The legend is told that Rabbi Abraham Israel passed away on a Friday morning in the 1780 s and the Community wished to carry out the burial during that same day before the onset of the Sabbath that Friday evening. The Burial Committee wishing to bury the Rabbi within the existing enclosure where five other Rabbis were buried, discovered there was not enough room within the enclosure.

There was not enough time to extend the enclosure or build a new one. It is said that the President of the Burial Committee made an exhortation to heaven that if Rabbi Israel was worthy enough to be buried with the other five Rabbis, that they should make room for him. Miraculously, when the workers

came to prepare the grave they discovered that there was now precisely room enough, and Rabbi Israel was interred amongst his peers.

The Upper Rock during the 19th century and well into the 20th century became a military zone, and civilians were not allowed to enter the Upper Rock unless provided with a special permit. Jew s Gate Cemetery consequently became non-accessible and the military authorities issued a special permit for one day in the year, viz. on Lag Baomer, the Jewish equivalent to All Saints Day, when members of the Jewish Community were permitted to visit the cemetery. Round about the year 1925, Mrs Sarah Camila Mattana, the wife of Moses H. Mattana, then President of the Shaar Hashamayim Synagogue, had a dream, where the people buried in Jew s Gate Cemetery were inviting her to come and pay them a visit.

In the morning she informed her husband of her dream but they did not give it much importance. The following night Mrs Mattana once again experienced a repetition of the previous night s dream. When she once again had the dream recurring after three nights, both she and her husband felt they had to do something about it. They went and informed Rabbi Solomon Elmaleh, the Community s Chief Rabbi, about the recurring dream. Rabbi Elmaleh decided to contact the military authorities and requested an extraordinary one-off permit to visit the cemetery. The date was nowhere near the Lag Baomer visiting time but the authorities granted the special permit, and Rabbi Elmaleh accompanied by Mr Mattana and representatives of the Burial Committee went up to Jew s Gate. On arrival they were absolutely shocked to discover a platoon of soldiers excavating a trench down the middle of the cemetery to lay a water pipe. The excavation

was unearthing human remains which is anathema to Jewish practice. Following a very strong protest from the Jewish Community, the excavations were stopped, the human remains carefully collected and re-interred, and it was decided to lay the water pipe above ground. One can certainly describe the situation as a call from the other side.

Now that the Upper Rock is open to the public, the Gibraltar Government very generously funded a project to provide an elevated walkway round the cemetery, with see through flooring which permits a much more user friendly means of visiting such an old monument. It must be mentioned that during the course of the recent works, great pains were taken not to disturb any of the graves, and many changes had to be made to the original design of the walkways to avoid doing so.

The works at the same time resulted in the discovery of a number of further graves that had been covered over with soil but whose inscriptions are perfectly legible. This is in contrast to a majority of the tombstones that have been exposed to the elements for over 200 years and are no longer legible as a result of erosion of the relatively soft sandstone which was commonly used at the time. A recent topographical survey of the cemetery has revealed in excess of 800 graves and it would appear probable that there could be further graves to the South and West extremities. This is a possible project to undertake to try and determine the overall dimensions of the cemetery and of course discovering additional graves that could lie buried under the top soil, and which will undoubtedly have fully legible inscriptions.

by Mesod Belilo

BuildGibraltar ISSUE 02 13

construction

Construction, the backroom boys (and girls).

During construction activities, most laymen and most of the public see only mess, mud, dust, a new structure and posts from the politicians lauding “their” latest scheme, project or just politicking as to how much “they” are doing for the (voting) public. Everyone hears the noise and sees the extra traffic, notices the many disruptions and are, generally, put-out and disrupted by the additional activities around them.

However, apart from industry Professional builders, Architects and Town Planners etc., who thinks about the “back-room boys and girls” that start the job, help to organise, plan and build the job and keep the public safe and the traffic moving and minimize noise and disruption?

We will raise some of these issues in this article which we hope will bring some credence and publicity to the workers who keep the projects on target for time, quality and financial constraints.

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Customs and Excise, imports and Tax collection Gibraltar is outside The Customs Union of The EU and, as such, levies Customs Duty on all construction imports. All of these arrive by road, sea and air and have to be documented, policed and tax collected at source for Government coffers and the ultimate benefit of the taxpayers, you and I. Before we see the lorries, the container ships and the aircraft, Customs and Excise have to handle the mass of extra documentation and traffic activity, by whatever mode of transport the goods arrive. It all comes via our Frontier Controls. Thank you all for all your hard work in Customs.

Highways, pavements and traffic Gibraltar’s road and pavement system has come under massive adverse loads over the past twenty years of major and minor works at every location in The City. The Highways Department have to contend with access over delicate and load-constrained roads, bridges and retaining walls for activities that were never designed for the current and foreseeable projects. We never see the personnel who plan, arrange police escorts and organize road diversions for the extra heavy, wide or long loads that most of the public never see if the arrangements are at night. Pavement construction is weaker that road construction and, unfortunately, pavements become damaged as wide loads and heavy loads fail to keep to the roads proper. It is the highways personnel who have to manage and oversee damage control, temporary traffic controls and safety for the public and protection of our expensive and valuable infra structure. Thanks to all of them for their efforts.

Town Planning A soul-destroying job that is handled very well with one very important constraint that we and they are unable to change, ever. Gibraltar is only a few square miles in area and is constrained by a densely populated city-scape and extreme services, underground tanks, tunnels, bridges, retaining walls, power, water and sewerage schemes that would be the envy of a small city in the U.K. of a much larger size and complexity.

Their work-loads have increased many-fold because there are not only major schemes to examine, consult on and decide, but a massive number of small private projects carried out by the general public to improve their homes. All have to have the same considerations when applying The Law and Planning Department constraints, protocols and Government advice.

Well done you guys and gals.

Building Control Most contractors and most of the uninformed public, generally, get frustrated with this department’s tasks and consider it “interference” in the job. Not so, and why?

If your children, your parents or you come under threat of falling masonry, dangerous structures or services that could explode at any time, then the work of the Building Control Office and their hard-working personnel is to enforce the provision of the protection that we all want and demand.

They are powerful enough to stop bad, dangerous or nondesigned variations from the approved schemes.

Their constant vigilance is our comfort zone. Long may they prosper and protect us.

BuildGibraltar ISSUE 02 15

Design Providing not only, “a smart and good looking, innovative shiny” building but also the detailed drawings to give builders, civil engineers and mechanical contractors, the guidelines for a safe build, safe installation and safe operation of today’s complex structures, machinery and even the loos!

Most of us imagine the “Architecture” and “Engineering” to be the concept drawing or the publicity literature surround the latest high quality block of flats. The devil, however, is most definitely in the detail. Without these details, building and civil engineering contractors, their sub-contractors and their suppliers cannot put the structure up in a safe, best value and speedy time-frame.

To all the hard-working, back-room persons handling this work under the most appalling pressure by Government, contractors, sub-contractors and manufacturers, we pass on our gratitude.

My apologies for missing out anyone due to publication constraints. Who else? Many, varied and hard-working people all helping to get our infrastructure up to modernday standards, keeping the infrastructure cost low for the quality required, maintaining our safety, health and good environment considering all the difficulties and constraints.

Thank you all for your efforts regardless of how much your efforts are carried out behind the scenes of all the glamour of the contractor’s name and the Government’s spin machine publicity.

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John Bromfield, a 70 year old businessman who has spent his whole life in the commercial side of construction working for multinational construction and engineering companies round The World.

John is a professional buyer and is a Fellow of his professional Institute.

He owns Colomendy Limited with his wife Myra, an international project supply company, and also owns the renowned kitchens, floors, bedrooms and bathrooms showroom in New Harbours called 101 Limited also with his Wife Myra.

For the last 28 years John has been involved in the whole gamut of Gibraltar projects and its development, dealing with every contractor, developer, utility company, The Gibraltar Government and The Ministry of Defence both here and elsewhere. His various companies supply Governments and contractors World-wide and his background and experience in international trade, logistics, construction technology, finance and technical products ensure that he is qualified to make an opinion on the following, most important of issues, of interest to all in Gibraltar, The U.K. and across Europe.

www.gibraltarlawyers.com

An eye for detail In a competitive market, make sure you’ve got the right team on your side to see the deal through For further information contact: info@isolas.gi ISOLAS LLP Portland House Glacis Road PO Box 204 Gibraltar. Tel: +350 2000 1892 Celebrating 125 years of ISOLAS Trusted since 1892

BuildGibraltar ISSUE 02 17

construction

HOW’D YOU LIKE YOUR BIM, SIR? BIM, BIM, BIM. By now, everyone in the AEC industry has heard this acronym at least once at some point. Building.

Information. Modelling. A lot has been said and written about this topic already, and opinions range from the skeptics and neo-luddites of the “if it ain’t broken, don’t fix it” persuasion, to the fervent street preachers and true believer types.

Brace yourselves. BIM is coming Everyone is entitled to his or her opinion, but the bottom line is: opinions don’t change the fact that BIM is a reality and it is not going to go away. It will change and evolve. Granted. But it will stay. We all heard about the BIM Level 2 mandate from the British Government, which came into effect on the 4th of April this year. A few may be aware of the announcement made recently by the Spanish Ministry for Industry, presenting the creation of BIM Task Groups, with views to implement a similar mandate to the British one by the end of 2018. Even less people may have heard about the European Parliament Directive 2014/24/EU (Art. 22, § 4), to encourage BIM adoption for public contracts in all EU countries.

It is coming to us from all sides. But forget for a minute about the politics, the 3D models, the fancy technology and the big promises. I recently heard a consultant reply to another

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one from a different discipline: “the information is in there…“, holding his hands up matter-of-factly, in reply to a complaint from the latter about the composition and layout of a drawing that the former had issued, which had a small detail in one corner of the sheet that could easily be missed by a contractor or sub-contractor during construction. Just another error of the many that happen on a daily basis in building sites around us due to poor communication and coordination.

I thought to myself that, right there was exactly one of the main reasons why we need BIM. And I mean “we” as in “everyone involved in whatever way with a building or infrastructure, during any part of its life cycle”. From client to end-user, architect to engineer, window fitter to main contractor, carpenter to minister. Having the information ‘there’ just simply isn’t enough. Not by far. The information ought to be there in the first place because someone will have to look at it, make sense out of it and then take decisions based on their interpretation of it. Therefore, information has to be: first of all correct, where expected, when expected and presented in a way that facilitates its understanding. Because it is in everybody’s best interest! We share information with others in order to communicate our ideas. Isn’t that the whole point of communication, getting a message from sender to receiver via a common channel, trying to keep the noise to a minimum? If the intended recipient misinterprets our message, we are basically failing. The same applies at all levels and stages of a building project.

BIM is about facilitating this exchange of information across all stakeholders, not only in a construction project, but on the whole of a building’s life cycle, by enabling a common channel, namely the Model, where information is shared, updated, accessed, audited, etc. by all parties involved. One unified vision which all can look at, and where all will see the same unequivocal data. From design intent to built-asset.

It is not a question of whether we want BIM or not, because we will get it, eventually. The question is what kind of BIM we want for Gibraltar. Town Planning has recently introduced e-Planning, an online portal for submittal of planning applications and for all planning information to be accessible online to the general public. And also their GIS Department has been releasing valuable data, now available to the public.

It is a significant step in the right direction, and Gibraltar’s AEC

When the winds of change blow, some build walls, while others build windmills.

Or we could do nothing about it and then dutifully accept whatever becomes local law in the end, when BIM finally comes. We should create a platform to get together and discuss, as an industry, the way we want to have our BIM, or we run the risk of enduring a very painful process of rushed adaptation.

Let’s be proactive and initiate a consultation. Let’s make a move toward Better Information Management, which by the way, also spells BIM. The gauntlet has been thrown…

Industry should realize that it has a great opportunity ahead of it at this point in time, and it should seize it, by engaging Authorities and conveying to them its vision of BIM. We could move, as a whole, towards a culture of collaboration and excellence, and away from distrustful and unhelpful competition and finger-pointing.

Rene Pellicer is BIM Manager/Coordinator at WSRM Architects and currently pursuing a MSc in BIM Management with Middlesex University London. He is a Revit Architecture Certified Professional and elected member of the Autodesk’s Expert Elite program for his dedication and contributions to the BIM community. rene@wsrm.gi

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BuildGibraltar ISSUE 02 19

construction

Buying Property Off Plan - What do you need to know?

When you are buying a property which has been standing for many a year it is easy to know (or find out) what, if any, problems lessees within the building may have encountered with their properties. Indeed, as part of the Preliminary Enquiries Before Contract which will be raised by your solicitor, this is one of the questions which the vendor will have to answer. It is not as straightforward however when you choose to buy a property “off plan” which can unfortunately sometimes lead to traps which were not readily evident at the time.

There are various factors which you should consider when contemplating buying an off plan property. Firstly and very importantly, you need to find out who the owner or the developer is. It is all too common nowadays to find that the vendor is a single purpose company set up solely for the development. When purchasing off plan it is important to ensure that the developers, builders, contractors and subcontractors are organisations of substance with good standing in the construction industry, otherwise purchasers may find themselves with a virtual shell company when trying to sue for breach of warranties or undertakings.

Other important considerations include: • The payment of the deposit. Who will hold the deposit, in which account and upon what terms?

• What type of guarantees is the developer willing to give in relation to defects? What is offered may tell you a lot about the vendor’s integrity.

• Is there a “get out” clause? Whilst contracts generally provide the vendor with the ability to terminate the agreement, it is much more difficult for a purchaser to do so.

• Does the contract limit the alterations which may be made by the developer? It is important that purchasers satisfy themselves that the final build cannot be reduced below a certain size or quality. This is also important with the provision of garages or parking spaces - what are the proposed dimensions of the unit and will it accommodate your existing vehicle?

• Are there any proposed developments in the vicinity which may diminish the view or adversely affect the value of your investment?

These are just some of the considerations to bear in mind.

It is essential that when looking to buy an off plan property you instruct your solicitor to advise you on the terms of the contract and the proposed Underlease which will, upon completion provide you with legal title to the property - are there any unusual or onerous covenants? Are there any resale or letting restrictions? Buying a property is usually the single most important purchase you will make in your lifetime and one which you should protect with sound legal advice.

Colleene Wink Amber Law Suite C, 1st Floor 85 Main Street Gibraltar Tel: 20067585 Email: colleene@amberlaw.gi

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construction

PROJECT MANAGEMENT – GUIDING THE VISION As a dedicated specialist in project management of residential renovations, Christina Marckx of QCL Projects explains the components of successful project execution and how to avoid the common pitfalls when undertaking the challenge of a renovation project.

Effective project management is vital to ensuring the success of any renovation project. Whilst every project is different, the core principles of a well-run project are always the same.

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Project Planning • This is often the most overlooked and rushed element, leading to poor implementation and delivery of many projects.

• The likelihood of technical mistakes, unexpected delays and unforeseen problems later on in the project lifespan, can be significantly reduced by setting aside sufficient time during the early planning stage.

• Once the decision is taken to initiate a renovation, work on the project plan begins. This is the time to get the scope well defined by identifying a clear overall vision for the project and the desired outcome.

• The use of critical path and project programming software can be particularly useful tools during this phase.

Iron Triangle • The understanding of the so-called “iron triangle” is a significant part of developing an effective project plan.

• This triangle represents the scope (quality), budget (cost) and work schedule (timing) and should be carefully assembled.

• As all projects entail a level of uncertainty and therefore carry risk, these elements of quality, cost and time must be carefully evaluated by project managers at the start of the project and monitored throughout.

• Preferences for flexibility should be ascertained early on, so that in the event that an unexpected problem arises, a decision can be taken as to whether a partial sacrifice of quality, cost or timing is required to resolve it.

Building a team • A fundamental element of all projects is the team – the people involved in sharing their knowledge and expertise to achieve the overall goal. The Project Manager is the person with the main responsibility for building this team.

Communication

• Getting the right specialist knowledge, skills and experience is crucial to reduce the level of risk within a project and thereby enhance its likelihood of success.

• Good interpersonal skills are a fundamental requirement of the Project Manager, to ensure effective communication with all stakeholders in a project.

• Bringing members with successful experience in similar projects on board is the key.

• In residential renovations this will probably include dealing with local authorities to ensure the correct permissions are in place and also with management companies to ensure Estate Rules and Underlease clauses are adhered to.

Defining Responsibilities • One of the essential roles of the Project Manager is to ensure that all stakeholders in the project fulfill their obligations in a timely manner.

• Project Managers should advise clients early on of the importance of their own role in the planning and decision making process to ensure that, where their decisions will be required at key stages throughout the project, these are built into the programme.

• On site, the Project Manager plays a central role in ensuring different trades and professions work to an agreed plan and do not impede each other through misunderstanding or selfinterest.

Project execution and oversight • This is usually the longest phase and involves the fulfillment of all activities and tasks as defined in the Project Plan.

• This phase is not without risk, however, it will generally progress well provided adequate time has been taken in the planning stage.

• It is important to make regular site visits to ensure compliance with the agreed plan and catch any mistakes early on when they are easier to correct.

BuildGibraltar ISSUE 02 23

Common pitfalls The areas that tend to lead to the least successful project outcomes generally result from a lack of attention to detail in the project planning and team building stage. The most common of these are: • Bad construction work and unsympathetic renovations with e.g. unattractive and badly planned new kitchens and bathrooms. Instead of adding value, these can result in a decrease in the value of a property.

Getting it right Attention to detail, the right team, flexibility and adaptability are the key skills to ensuring a successful renovation project from start to completion.

• Appointing the wrong specialists. Taking care to research recommendations of particular firms and going to see projects they have worked on is vital.

Dedication and sufficient time to invest in the project are also vital.

• An unrealistic budget or timetable. It is the job of the Project Manager to effectively ascertain whether either or both of these are not realistic. A knowledge of costings and timings on other similar projects should guide this.

With the right approach and where required, engaging specialist help from an experienced Project Management company, such as QCL Projects, a renovation project can be one of the most rewarding projects to undertake.

• Changing the plan and adding on extras during the execution phase. This can significantly affect budget and timescale outcomes.

• Not taking into account some of the logistical limitations in Gibraltar and planning accordingly.

24 ISSUE 02 BuildGibraltar

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construction

EUROCITY – A VISIONARY DEVELOPMENT FOR GIBRALTAR

Conceived with sustainable design at its heart, the planned Eurocity residential and shopping complex designed by Jonathan Manser and his team from the award winning Manser Practice of Architects will provide a quality development at the heart of Gibraltar’s central business district.

Chair of the jury for the Channel 4 programme ‘Grand Designs: The Royal Institute of British Architects (RIBA) House of the Year 2015’, renowned architect Jonathan Manser’s thirty years of experience in the design and management of large-scale commercial and residential projects enabled him to develop a creative and dynamic response to the brief that secured the bid for this unique and vibrant scheme.

London based Manser Practice was responsible for the designs for both the Victory Place and Marriott Hotel projects,

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allowing the architects to use their extensive knowledge of Gibraltar to ensure that this contemporary and eco-friendly development will provide cost effective accommodation for people working in the city but who are looking to resident there as well.

Situated between Europort Avenue and Europort Road on an existing reclaimed area designated for development, the scheme consists of three lozenge-shaped towers, one of which will be the tallest tower in Gibraltar, springing from a stepped garden podium concealing extensive above ground car parking and commercial space at street level.

The careful arrangement of the towers will allow for many apartments to have stunning views towards Africa and the Mediterranean or the Rock, and allow daylight in whilst minimising overlooking and avoiding any single-aspect Northfacing apartments.

One of the key objectives for the project was to create exceptional pedestrian friendly public spaces in and around the buildings. To achieve this the architects have borrowed from the language of North-African cities to carve a network of open organic alleyways punctuated with cooling, shaded, courtyards that echo the labyrinthine feel of the old city.

The podium levels above the car park will become private resident’s gardens with lush planting.

The £100 million project will seek to provide over 366 new private sector homes, office space, a health spa, gym & pool as well as a launderette, coffee bars and restaurants. Retail and shopping units lining the towers at street level will serve both residents and visitors. Addressing the requirement for increased parking facilities, Eurocity will include parking for 376 cars and 420 motor cycle bays.

Keeping in mind the need for more energy efficient and environmentally friendly construction the project will incorporate sustainable design elements such as ‘brown’ roofs to encourage biodiversity with integrated solar panels.

Special green features will include planting to the perimeter of parking levels, planted walls and Brise Soleil on South-facing facades to reduce heat gain by deflecting sunlight.

The overall architectural design celebrates the communal spaces with curvaceous free flowing, airy routes linking the leisure, office and residential areas enabling easy access for the public, with wheelchair access where necessary and a public green garden zone.

Eurocity provides a vision of the future that is in keeping with the Government’s mission to achieve a low carbon economy and to make Gibraltar as environmentally sustainable as possible. Excellence by design.

BuildGibraltar for editorial contributions or feature editorialS. email:

editorial@buildgibraltar.com BuildGibraltar ISSUE 02 27

construction

Statutory Adjudication: An alternative approach to resolving construction disputes What is statutory adjudication?

In an ideal world all construction contracts would run smoothly, projects would all complete on time and there would be no issues with costs or quality of work. However, as we all know there are, unfortunately, circumstances where things do go wrong and parties to a construction contract may need to resolve disputes. There are various forms of dispute resolution and these include:

Parliament which passed the Housing Grants, Construction and Regeneration Act, 1996 (“the Act”) making the option to refer a construction dispute to adjudication a legal right.

• Negotiation; • Mediation; • Adjudication; • Arbitration; and • Litigation.

Adjudication involves the appointment of an adjudicator who will consider the facts and provide a determination of an issue. In Gibraltar, parties to a construction contract are free to agree that any dispute should be referred to adjudication; by contrast, the position in the UK is that adjudication is a statutory right which means that a party has a legal right to refer a matter to adjudication at any stage without the other side having to agree to this.

The origins of statutory adjudication in the United Kingdom Prior to the 1990’s arbitration was the principal means of resolving construction disputes in the UK. Arbitration came to be seen as unduly slow, expensive, and, therefore, incapable of providing an effective remedy for contractors and sub-contractors who were unable to obtain payment for work carried out in a timely fashion whilst a dispute was ongoing.

In 1994, Michael Latham published a report which came to be known as The Latham Report which found that ‘adjudication should be the normal method of dispute resolution’. The Latham Report’s recommendation that adjudication should apply to all construction contracts was accepted by the UK

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The right to invoke adjudication Only disputes relating to ‘construction contracts’ are covered by the Act. ‘Construction contracts’ are defined as an agreement for carrying out construction operations including sub-contracted work and architectural design or surveying work or advice on building, engineering or decoration.

‘Construction operations’ is widely defined but excludes a long list of operations including, amongst others, installation of plant for power installation or water or effluent treatment.

Statutory adjudication is only applicable to contracts which are in writing.

The Act is not restricted to payment disputes; disputes may relate to issues such as time, quality and any other matter giving rise to a difference between the parties. Significantly, the Act states that a party must be enabled to give notice of a dispute ‘at any time’, meaning that parties do not to have to wait until after completion of the contract to refer the matter to adjudication.

Process and Procedure The process involved in having a matter adjudicated is as follows: Step 1: The “Referring Party” will provide the other side with a written “Notice of Adjudication” setting out their intention to refer the dispute to adjudication. The Notice will provide a brief description of the dispute and the nature of the redress sought.

Step 2: The Referring Party is to identify an adjudicator who may be: (a) named in the contract; (b) appointed by a Nominated Body named in the contract; or (c) appointed by any other Adjudicator Nominating Body. The person selected to adjudicate the matter should indicate their willingness to act within 2 days.

Step 3: The Referring Party is to serve a Referral Notice on the Adjudicator and on the other party 7 days after the Notice of Adjudication has been served. The Referral Notice will contain extracts from the contract as well as any other information relied upon. The other side will then provide their response. At this juncture there is the possibility of having an all party meeting but this is optional.

Step 4: The adjudicator is to reach his decision not later than: (a) 28 days after receipt of the Referral Notice; (b) 42 days after receipt of the Referral Notice if the Referring Party consents; or (c) such longer period as both parties may agree.

Key principles The Act made wide ranging changes to the construction industry in the UK at a time when these changes were much needed. For example, it outlawed pay when paid clauses and introduced statutory payment provisions. Specifically in relation to adjudication, the Act introduced a mechanism which provided parties with a legal right to refer a dispute (at any time during the life of the contract) and have this determined within 28 days of it being referred to the adjudicator allowing the parties to continue with the project once the dispute has been resolved.

but in practice, the parties often accept the adjudicator’s determination as final meaning that there are no further proceedings. Statutory adjudication provides a quick and cost effective way to settle differences which ensures that a dispute between the parties does not lead to undue delays in completing the project. Statutory adjudication is less cumbersome and formal than arbitration and litigation with some going as far as to suggest that it provides “quick and dirty justice”. The reality is that statutory adjudication has worked and it is presently the most widely used form of dispute resolution in the UK construction industry.

Statutory adjudication in Gibraltar?

The overwhelming success of statutory adjudication has led to it being adopted in a number of common law countries such as the Republic of Ireland, Australia, New Zealand and Singapore.

Would statutory adjudication work in Gibraltar? There is no reason why it would not and if it ensures that the construction industry remains buoyant and provides an effective method of resolving disputes then surely it is something worth considering. Given the construction boom in Gibraltar and the proliferation of small construction companies perhaps the timing is now perfect for Parliament to consider such legislation.

Gemma Vasquez is a lead Partner of Hassans’ Construction and Property team which has 4 partners and 4 other lawyers and property specialists. The team has advised on the majority of the large scale development projects in Gibraltar providing unrivalled expertise at all stages - conception, inception, approvals, build and any consequent disputes.

To speak with Gemma, please contact her on gemma.vasquez@hassans.gi or call on +350 20079000.

The adjudicator’s decision is temporarily binding on the parties (until finally determined by a court or arbitrator)

BuildGibraltar ISSUE 02 29

construction

The Gibraltar Development Plan, all bark and no bite?

There are very few planning applications which are being objected to where the Gibraltar Development Plan (“the Plan”) is not referred to as a basis for either the acceptance or rejection of the planning application.

But what exactly is the Plan and what relevance and influence should it have on planning applications?

The Plan is a requirement under the Town Planning Act and the Plan’s self-described intention is “to guide land use planning in Gibraltar for the next ten years”. The Plan goes on to

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say that “The purpose of the Plan is to provide a clear framework for the future planning of Gibraltar and to provide certainty in how development should take place in the future”.

In other words the Plan is there to guide development in Gibraltar in the short and medium term and to inform anyone wishing to purchase or develop an area of land for whatever reason of the following; (1) whether they would be entitled to do so under the Plan and (2) what developments/works etc may be undertaken in the surrounding area in the next 10 years or so. This in theory should allow an owner/developer to make an informed decision as to whether his scheme will be affected in the short to medium term by other developments in the surrounding area.

By way of example, let us say that I decide to purchase a plot of land in order to construct my family home. Before purchasing the land I check the development plan and see that the whole of the surrounding area is only designated for residential development. Therefore I purchase the land in the knowledge that at least until the Plan is revised a developer cannot come along and purchase the adjacent land and get planning permission to build a night club or a factory because the Plan does not allocate the area for such use and therefore the DPC would reject such an application or would they?

As to what influence the Plan should have on planning applications the Plan states that “The Plan will therefore be an essential tool in development control and proposals will be expected to conform fully to the policies and proposals contained within it. As the Plan has been the subject of extensive public participation it must be seen as a plan that has the support of the community. Great weight will therefore be given to the contents of the Plan in determining applications and it is not expected that the policies and proposals contained within it shall be set aside without very significant reasons for doing so”.

It is clear from this text that the Plan should have a great influence on the approval or otherwise of any planning application. This is indeed also the opinion of the Gibraltar Courts as outlined in the Judicial Review decision by Mr Justice Alcantara in which an application for the demolition of a building which had been approved by the DPC was overturned as it was “contrary to the City Plan”. This Judgment was issued back in 1986 but is in my view still good law.

Whether the Plan has such an influence in practice is a question for the DPC. Arguably there is a disparity between what the Plan and Courts are saying when compared to the Town Planning Act which simply states “Approved planning schemes shall be used by the Commission…as standards for guidance”. Some guidance on the influence or otherwise of the Plan through the new Town Planning Act could perhaps provide some much needed clarity on this issue, we shall wait and see.

Nick Culatto LL.B LL.M Partner nc@tsnlaw.com Since Nick joined TSN in September 2007 he has been involved in both contentious and non-contentious construction issues including EU public procurement. In 2010 Nick joined a prestigious specialist construction law firm in London where he worked for 2 years before re-joining TSN in October 2012.

Nick has been involved in several high profile construction cases including Her Majesty’s Attorney General of Gibraltar v Gibralcon 2004 SA (formerly Bruesa Construccion Gibraltar SA) and OHL v Her Majesty’s Attorney General for Gibraltar.

Whilst in London he was involved in several multimillion pound arbitrations in Europe, Africa and Asia. On noncontentious issues Nick has advised various developers, with the most recent developments he has been involved in being Tarik Views and Plata Villa. Nick also regularly advises on planning issues.

BuildGibraltar ISSUE 02 31

ENVIRONMENTAL

Providing environmental solutions to the construction industry In the last decade environmental considerations have become of increasing importance to developers and contractors alike, with the current local construction boom showing that despite the limited space Gibraltar has, the natural habitat can co-exist with our artificial growth.

Build Gibraltar wanted to know how the more transparent Development and Planning Commission (DPC) had advocated principles of environmental protection so we approached Minister for the Environment and Climate Change John Cortes.

“We’ve been very successful over the last few years to have significant construction without serious negative impact on the natural environment,” said Cortes in an exclusive interview. “This is a great achievement in the small confines of Gibraltar and shows how possible it is to combine development with good environmental governance if there is a will to do so and the people driving the decision-making process have that as an underlying requirement.

Cortes was involved in the DPC first as an observer since 1990 and as a member representing the Gibraltar Ornithological and National History Society before becoming a minister in 2011 and becoming an important element of the committee. A highly popular figure among voters as shown at recent elections, he is both an idealist and a pragmatist at the same time steering development to a place which bodes well for our long-term future as few of his predecessors have before him.

“Developers should realise that a lot of Gibraltar is a protected area, not just within our laws but within the EU context,” he says, leaning back in his chair. “So there are parts of Gibraltar where development will not be given the goahead, in particular on the cliffs or areas of the Upper Rock

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Dr John Cortes Minister for Health, Environment, Energy and Climate Change. because of the natural habitat it supports and the duty we have to protect it for those who enjoy them now and in the future. Having said that, there are lots of areas that can be redeveloped including those reclaimed in the past although nowadays we have certain EU directives on energy efficiency which have to be observed so as to reach a near zero carbon impact. We are increasingly finding that buildings designed in the public and private sectors are able to achieve an ‘A’ rating in energy efficiency under these European guidelines, with recent examples being the Ocean Views mental health unit and the new St Bernard’s Hospital kitchen.”

As the drive to develop more sustainably becomes a global concern, it has fuelled advanced research to develop environmentally friendly systems that allow for energy to be created with a minimum of fuss and expense, leading to new products that are well within reach of the private sector. The minister believes this desire to strive for energy efficiency is an implicit part of the developer’s goals, incorporating renewable energy and even enjoying that process.

“However, I think that there are some sectors of the construction industry in Gibraltar who are still over-cautious and feel there is no need for it,” said Cortes. “But I put it to them that in the long-term it is cheaper for those who will be paying the bills and I would have thought that this would be taken account of within the price so that those who are

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investing in renewable technology will have some compensation for their efforts. Increasingly, technology like solar power is becoming even more financially viable to the point where it is coming well within the limits of what you could be expected to spend in a construction project. One example is the green roof, which is both environmentally friendly and a good insulator, something which has been taken on by projects like Buena Vista Homes, the Engineer Lane Car Park and the new schools at the old St Bernard’s Hospital site. Such a system provides a habitat for wildlife while actively absorbing heat rather than having a canvas that is far more passive, while also maintaining temperatures at an acceptable level in the winter months.”

Consideration All developments now undergo a rigorous cross-examination at the DPC to not just from the various NGOs but also the Department of Climate Change, a new portfolio formed a year ago under Fabian Picardo’s tenure as Chief Minister and included within Cortes’ remit. The Environmental Impact Assessment (EIA) is the main report that illustrates this threat to the natural world and how it can be remedied, including offsetting disruption by measures that ameliorate the natural environment.

A raft of recent projects have been shelved for a number of reasons including how they affect the heritage value of an area, which is to some extent a part of the constructed environment Gibraltar has a desire to protect. One of those was Rosia Bay where a plan to create an artificial beach and aquatic park was temporarily denied planning permission because of its threat to a particular species of limpet.

“The limpet is very rare especially in a Mediterranean context and there are things which the developer could have done to mitigate and compensate for the very real priority to conserve.” said Cortes. “As it was very difficult to move the limpets without the rock, which in itself was hard to transfer to another location successfully, it was clear to me that there were no other areas in the complex that could later be recolonised by limpets. If they had provided these they would then provide an opportunity for the species to multiply and regain its former glory. So in that context the DPC felt that

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not enough research had been carried out to ensure that these considerations were taken into account. This example illustrates the need to protect nature in the same way as if someone decided they wanted to cover the Upper Rock in buildings.

“But there is still plenty that can be done in Gibraltar to develop sympathetically certain areas without disrupting nature or even the old town which has been untouched for so long. The big challenge will arrive in the next 50 years when we may have to look at further reclamation even though we are running out of places where we can do so, or redeveloping some of the peripheral parts of the old town where we would have to examine where we can viably build upwards. We have to look at the community needs of the future and combine the land available for low-cost housing to balance it with luxury accommodation, as we are planning to do at the Eastside Development.”

There have been moments where the Minister’s opinion has been overturned by the DPC appeal process, notably in the development of the apartment complex at the Caleta Hotel, something which he accepts as a natural part of the now far more democratic DPC process that is open to public contribution and individual recourse.

“Developers who have known me through the years, even before I was a minister, will know that I have always been willing to sit with them and find solutions which are environmentally sustainable,” he affirmed. “The use of renewable energy in our buildings will help to take some of the burden off our main power generation and while we encourage the use of more natural materials it is a trade-off with more long-lasting ones. On the whole, I am in favour of construction because it is a significant contributor to our economy so that is why it is important to harness that potential without destroying the natural environment and I believe we can continue to do that. I live and work in buildings, one of which, Europort, has quite a big footprint and is relatively tall so it is clear such constructions do not go against my principles. In this light, I will continue to clearly state the environmental problems in each project, but rather than be obstructive, will work with the industry to find solutions to them, and I have yet to find a project where I have not been able to find a suitable way to overcome these concerns.”

ENVIRONMENTAL

Building Control All Building Applications are coordinated

by Department of Town Planning and Building Control and the Environmental Agency is one of the Agencies that is required to examine and process the applications so to ensure compliance with the Building Rules and Approved Codes of Practice.

All building applications and accompanying plans are examined by the Environmental Agency’s Environmental Health Officers working within the Building Control Section to ensure the works will be carried out in compliance with the Rules and Approved Codes of Practice. There is constant liaison with the Building Control Officer and with the other Government agencies involved. Advice is also given to the applicants on the requirements that need to be met for the Approval Notice to be granted. This Agency looks for compliance with those parts of the Building Rules and the Public Health Act in respect of drainage, ventilation of premises and rooms, noise, waste disposal, new fireplaces and chimneys. Any observations or contraventions of the Rules are immediately communicated to both the Applicant and the Building Control Officer.

All bathrooms and habitable rooms are required to be ventilated, Part K of the Building Rules requires that all bathrooms and habitable rooms are suitably ventilated. Toilets that do not have an openable window must be mechanically ventilated which must be sufficient to achieve 3 air changes per hour of the air volume of the room. Additionally, all other areas within dwellings must be suitably ventilated with windows that open to the external air; these windows must have an openable area no less than 1/20 of the floor area of the room. Alternatively if no windows are provided, ventilation can be achieved through mechanical means. The Public Health Act also require workplaces to be provided with suitable ventilation.

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Noise reduction is an important aspect of any dwelling.

When considering new dwellings, external and party walls are required to provide a 40 dB reduction in noise levels. Walls of a different type of construction to those listed in the Rules are to be accompanied with appropriate certification from the manufacturers confirming compliance with the reduction requirements. Noise within buildings could also arise from lifts, air-conditioning units and other types of mechanical plant.

All lift shafts and motor housings must be suitably sound insulated so as not to allow noise to become a nuisance from the normal operation of the lift or air-conditioning units.

Additionally any air-conditioning units and other mechanical plant that are installed cannot increase the existing background noise level by more than 3 dB(A). Condensation waste water from air conditioning units must be suitably connected to the drainage system.

Both existing and proposed drainage systems are examined by the Environmental Health Officer. If it is intended that any part of the existing drainage system is to be used for the proposed premises then the drainage lines must be thoroughly checked by the contractors to ensure their condition is satisfactory. New underground drainage systems are also pressure tested to ensure there are no leaks prior to the building’s completion. We ensure that both above and below ground drainage systems comply with the relevant standards (BS EN 12056-2:2000 and BS EN 752:2008).

Ensuring the structure of manholes is satisfactory is also an

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integral part of the Agency’s responsibilities this avoids future potential problems. We also ensure that all manholes are gastight, additionally interior manholes must have double seal bolt-down covers.

If the premises are intended to be used as a food premises the application is assessed by the Agency’s Environmental Health Officer who works within the Food Section. It is the officer’s job to ensure that all the proposed works comply with the Food Hygiene Regulations so that the premises are ready to open as soon as they are completed without any delays. There are a number of common problems that we encounter, for example, the inadequate provision of lobbies and ventilation to toilets or the number and location of wash hand basins provided at the premises. We make sure that all restaurants are equipped with sufficient and satisfactory sanitary facilities. A constant supply of hot and cold water must be provided to all sinks and wash hand basins in all food preparation areas and we ensure that all appliances are properly connected to the foul water drainage system.

Additionally all cooking fumes must be discharged via a flue in such a manner and location so as not to cause a nuisance to the inhabitants of the neighbourhood.

All building sites must ensure that they comply with the requirements of The Environment (Control of Dust) Regulations 2010. These environmental controls have been implemented in Gibraltar as part of the Governments Air Quality Action Plan. Companies undertaking any of the prescribed activities listed within the Regulations are required to submit a Dust Control Plan and obtain a certificate of approval from the Agency. The Plan must meet the requirements of the Dust Best Practice Guide produced by the Government of Gibraltar.

Once notification is given by the applicant that all building works are completed, the Agency carries out a final inspection. If the Agency is satisfied that all of its requirements have been complied, written confirmation is sent to the Secretary, Development and Planning Commission that a Certificate of Fitness may be issued.

Environmental Agency Gibraltar 37 Town Range Tel: 200 70620 E-mail: admin@eag.gi

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Visit Recycle.gi Recycle.gi Limited | PO Box 1218, Gibraltar T. +350 200 44240 | +350 5401 2638 | +350 5600 0645 E. info@recycle.gi | www.recycle.gi Proud winners of the GFSB Award for Innovation and Achievement 2010 Proud winners of the ESG Environmental Award 2008

Daniel Barton Surveyors Ltd is a local firm of Chartered Quantity Surveyors offering the following core services: 1. Quantity Surveying, including; a. Provision of cost estimates for projects at a very early stage to enable key decisions to be made b. Cost planning and cost monitoring throughout all the stages of the project c. Advice on the procurement routes available d. Management of the design process to minimise the potential for claims and additional costs during the construction period e. Collation of tender documents including drafting of construction contracts and preliminaries requirements documents f. Impartial, forensic examination of tenders and production of tender reports 2. Cost Consultancy 3. Contract Administration 4. Project Management

Daniel Barton Surveyors Ltd Unit R 28, Ragged Staff Wharf Queensway Quay Gibraltar Tel: +350 20050844 Mob: +350 56000071/ +350 58008785 Email: info@gibraltar-surveyors.com

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ENVIRONMENTAL

Gibraltar Leads the way in advanced LED lighting control.

Back in 2012 E&M Consulting Engineers Ltd. in Gibraltar, began the design of The Ocean Views Mental Health Facility at the old Royal Naval Hospital building on Europa Road. The decision was made to install LED lighting and advanced Dali lighting control systems, both the LED lighting and the Delmatic control hardware and software were supplied

by Pacific Coast Limited (PCL) a local Gibraltar LED lighting company.

Not many people involved in the project were aware that this was in fact the largest Dali/LED project in the world at that time and a first for market leader Delmatic, who have supplied lighting control system for over 50 years, but not in conjunction with LED lighting, as this had never been done before.

Being the first brought many challenges for PCL, particularly reengineering the LED lighting control gear to function in Gibraltar’s then erratic power supply environment. This was achieved by adding anti-surge circuitry in addition to better heat dispersal to accommodate Gibraltar’s high summer temperatures. LED fittings are powered by what we refer to as a driver, these convert mains supply to a low voltage DC outlet to power the individual diodes. At the time of design, it was common for the LEDs in a fitting to be laid out in a grid

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pattern. Neither E&M nor PCL were comfortable with this, so the fittings were redesigned to an edge-lit arrangement, that shows a clean even light, with no hint of the integral diodes.

This is now the market norm and only the lowest quality fittings use the grid system today.

An additional unique requirement was anti ligature fittings which were an important feature of this project, again nothing of this type existed for LED. After many prototypes PCL designed a frame that also doubled as an inspection hatch to the ceiling void. At the time virtually no aspect of the project was a standard item. Today most everything is off the shelf and as, manufacturing improves, prices are falling to comparable old-world technology prices.

In 2011 a typical LED produced 80 lumens per watt, today its 110 to 120 with a price reduction of 75% or more in some instances.

The Ocean Views Mental Health Facility opened for business in 2015.

Ian Dallas Managing Director PCL Gibraltar LED Lighting Specialists 19/2 Road to the Lines,Gibraltar Telephone: +350 200 65950 Email: ian.dallas@pclgib.com Website: www.pclgib.com

ENVIRONMENTAL

The Green Agenda The Author

David Richardson is a professional member of the Royal Institution of Chartered Surveyors. He has worked in London’s construction industry for five years before joining the family firm Richardsons, in Gibraltar in 2009 where he specialises in Building Surveying and Project Management services. Build Gibraltar interviewed David on the subject of sustainability and energy conservation in the built environment.

In relation to the built environment and the construction industry in Gibraltar, what does sustainability mean to you?

For me sustainability is the responsible management of resources. In the long term this has far reaching environmental, economic and social challenges that entail among other factors local and international laws, urban planning and individual lifestyles.

In relation to the built environment the green agenda focuses on making savings to our energy bills.

In relation to the construction industry, life cycle energy savings for the end users is important. However, sustainability focuses on the choice and source of building materials, building techniques and technologies used in order to minimise the carbon footprint and overall embedded energy - in other words, minimise the amount of energy and Carbon Dioxide (COâ‚‚) emissions required for the entire construction project.

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What are your views on renewable energy and energy efficiency?

Renewable energy or electricity generated from renewable sources such as sunlight, wind or wave power tick the sustainable box, however much of the available technology is expensive and less reliable when compared to electricity generated by fossil fuels. Today’s solar panels and wind turbines also take up a lot of space and would generally need to form part of large scale projects in order to be feasible.

This means financing such projects can only be undertaken by Governments or by large commercial ventures.

On the other hand, energy efficient technologies are more accessible to the wider public but it will require a collective public effort if we are to achieve a notable reduction in the energy consumptions of our buildings. I would say that, over the past decade Gibraltar has, as much of the developed world, substantially increased its energy consumption with the advent of power hungry electronic goods and the increased demand for air conditioned commercial space.

What technologies exist and how can these be applied to the existing built environment and new buildings in Gibraltar?

The fundamental key in achieving a cost effective reduction in the energy consumption of a new or existing building is a tailored design or mix of technologies that takes into consideration the building’s size, its orientation, the materials it is made of and its existing infrastructure. Some of the technologies available today are described below.

Photovoltaic Solar Panels

PV panels generate clean electricity from the sun without producing any further CO₂ emissions. The panels can be fitted on roof tops so that they are out of sight. However, the technology used in today’s PV panels is still in its infancy.

For example - in today’s market the most efficient panel that converts light into electricity is about 40% efficient (40% of the energy is converted into electricity while the rest is reflected or lost as heat) however this type of cell is exceptionally expensive and is generally only used in the aerospace industry. The commercially available panels designed for home use typically operate at a discouraging rate of 11% to 16% efficiency. To further dampen the promises of this technology, PV panels are less efficient when they are dirty and when they overheat. For example, panel temperatures in the summer can easily reach 50°C resulting in a 12% reduction in normal output.

Solar Water Heating

Solar water heating drastically reduces the energy consumption required by your gas or electric water boiler.

They are generally low maintenance and, when compared to a domestic electric immersion heater, you can expect considerable savings of about 510kg of Carbon Dioxide emission per year.

A standard domestic installation can cost between £1200 and £5000 and you can expect savings of approximately £300 per year for a family of four, giving a payback period of about 4 years at best.

Customised Heating, Ventilation and Air Conditioning (HVAC) Systems

The right HVAC system for your building is perhaps the single most important factor in keeping your energy bills low.

The system is also responsible for internal air quality and temperature. In Gibraltar we typically use air conditioning systems to control the internal environment. However, there are other smart ways to effectively cool the building thereby reducing the running time of your AC units. For example, a new building can be designed with intelligent monitoring systems, automated solar shading and natural ventilation to keep the structure cool in summer.

Low Energy and Intelligent Lighting

These technologies can be of particular benefit to commercial buildings. The light fittings include a photocell calibrated to detect light and will only switch on when the internal space is dark enough. The system can also include timers and movement sensors that switch off the lights after working hours or when there is no movement in the room for a given period of time. The latest low energy light bulb technology in today’s market is LED lighting. This lighting is very cheap to run and will last many times longer than your standard bulb.

Over the past two years LED lighting products have finally improved the light quality to match the warm white colour/ temperature of the standard incandescent bulb to the point where the light quality is virtually indistinguishable. The new LED lighting products also now boast zero ‘warm up time’ and, as the cost of these bulbs continue to fall, the payback period is further reduced.

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Are Gibraltar buyers aware/ interested in energy efficiency in the buildings they purchase?

Yes. Since the introduction of Europe’s Energy Performance of Buildings Directive, Gibraltar has implemented legislation that requires producing an Energy Performance Certificate (EPC) upon construction, sale or rental of any property.

The EPC provides the purchaser an energy rating on a scale from A to G that will help gauge the long term running costs of a building. The better the energy rating, the lower the running costs and this information is valuable to a potential purchaser who want to compare two or three properties they may be interested in buying.

There has been a lot of talk about Green Energy (energy that can be extracted, generated, and/or consumed without any significant negative impact to the environment) in Gibraltar, but we seldom see evidence of Green Energy used in Gibraltar’s buildings. How can this be changed? Would you like to see legislation / incentives to build using sustainable energy?

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Yes, there are various green energy technologies out there that have been used successfully. Indeed many of the world’s most famous architects are today designing and building tomorrow’s eco city projects. I believe the reason we seldom see investment in green energy in Gibraltar is because of long pay back periods and client scepticism to try something new.

With regards to legislation and incentives, yes. Government incentives are in my opinion the best way for current sustainable technologies to become affordable and mainstream in our community. By the same token new Government incentives could be modelled in such a way that the domestic energy savings result in lower power demands and thereby improvements in local air quality. The importance of improving our local air quality to meet the targets set by the European Commission cannot be understated, for example the UK faces fines of up to £300m a year and embarrassing court appearances after the European commission launched legal proceedings against it for failing to reduce “excessive” levels of nitrogen dioxide (NO2) air pollution from traffic, despite 15 years of warnings and several extensions and postponements granted to the government.

Positive steps have been taken by the Ministry for the Environment as set out in the Environmental Action & Management Plan 2013 to improve air quality in Gibraltar and to promote the use of renewable energy sources. However, the complexity of this task should not be underestimated. The built environment does play an important part but there are many other variables that have a greater negative effect on air quality in Gibraltar, the main one being the high density of motor vehicles in the city.

Renewable technologies are essential to sustainable energy, contributing to energy security what technologies are currently being employed in Gibraltar to ensure energy security, and what technologies are we likely to see in the near future?

Energy production in Gibraltar is generated from fossil fuels. Currently by Diesel generators and soon by Natural Gas engines and Duel Fuel (Diesel and Natural Gas) engines. Last year in May 2016 Chief Minister, Fabian Picardo and Dr John Cortes, Minister for Education, Heritage, the Environment and Climate Chang opened the Gibraltar Wave Farm. A pilot scheme with ambitious future expansion capabilities. To my knowledge the first time we are seeing the electricity grid fed by renewable energy, a significant milestone and achievement in Gibraltar’s journey toward a more sustainable future.

The key to a sustainable future for Gibraltar’s energy consumption lies in reducing power consumption and by supporting current energy production with a few medium scale renewable technologies such as the Wave Farm.

With regards to the built environment I hope to see the evolution of solar technology result in more efficient and cheaper solar panels. Significant advances in solar technology are being made, for example, Panasonic, Japan’s electronics giant has announced a new commercially sized solar module prototype designed to be scaled into volume production.

These new generation panels can achieve a fairly high solar conversion efficiency of 23.8%. Considering the panels are designed for large scale production to make them affordable one can deduce that it won’t be too long before small to medium scale PV arrays on rooftops become economically viable investments.

Another interesting technology developed by Tesla Motors is a product called PowerWall. A wall mounted home battery with a 6.4 kWh energy storage capacity sufficient to power most homes during the evening using electricity generated by solar panels during the day. Multiple batteries may be installed together for homes with greater energy needs. Tesla have also developed solar roof tile product where the photovoltaic panel is concealed within a traditional looking roof tile made with tempered glass. The technological breakthrough here is that ‘invisible’ PV proposals of this type will be welcomed

by Architect’s and Town Planners who in Gibraltar are faced with the challenging task of meeting our society’s growing needs while at the same time protecting the look and feel of Gibraltar’s built environment and its heritage.

A combination of sustainable construction, efficient solar panels, better battery storage and low energy electrical home appliances and lighting means that the reality of a virtually self-sufficient, new build residential dwelling is no longer an unattainable dream.

How does the cost-benefit of sustainable energy compare with traditional energy, and how can Gibraltar as a whole benefit for individual choices?

If a person or company were to exploit solar, wind or wave power the cost benefit would be free energy, once investment costs have been covered. The way to do this is by supplying your electricity to the grid and selling the power you generate. In theory this makes perfect sense, but investors are likely to encounter planning or public concerns and will need to consider high land values and upgrades to the existing electricity grid before such a scheme will be deemed feasible.

Today fossil fuels are very cheap, therefore recent advances in technology that favour sustainable products are somewhat underutilised when calculating cost comparisons and payback periods. The results of feasibility studies into the use of sustainable technologies in residential properties typically conclude that modifying or upgrading a single dwelling is expensive, disruptive and payback periods are still unattractive. However in the refurbishment and new-build construction markets it is starting to make financial sense to utilise some green technologies.

As regards changing social behaviours to reduce energy consumption there is a potential to save energy, but the question of how to positively influence individual choices and habits on issues such as recycling, energy conservation and the likes remains unanswered. Is our community prepared to actively save energy by consciously making changes to their daily lives? Is the general public ready swap their beloved motor cycle or car for an electric or hybrid vehicle? For some people yes, but, for most the answer is still no. Nevertheless I do believe that the time where everybody lines up to buy into ground breaking energy saving products is finally on the horizon.

David Richardson BSc (Hons) MRICS Director Richardsons Chartered Surveyors Estate Agents and Valuers.

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ENVIRONMENTAL

The Department of the Environment & Climate Change (DECC) DECC is responsible for the implementation of the Environment (Energy Performance of Buildings) Regulations 2012. These stem from the Energy Performance of Buildings Directive which aims to reduce the amount of energy consumed by buildings.

About 40% of the EU’s carbon emissions come from buildings and in Gibraltar, the figure is even higher: buildings are responsible for over 60% of total emissions, with residential buildings accounting for 36% of these. Consequently implementing legislation and facilitating measures that reduce the amount of energy consumed by buildings are key focus points for DECC since these also form part of its wider policy to combat climate change.

The Regulations set minimum standards for new and existing buildings to be met, as calculated using a specialised software programme called the Simplified Building Energy Model (SBEM). This calculates the energy performance of a building which is essentially the amount of energy deemed to be necessary to meet the different needs associated with a standard use of the building, including heating and

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cooling, lighting and provision of hot water. In order to do so it takes into account numerous factors such as the physical configuration of the building, the internal conditions to be maintained, factors affecting fabric and ventilation heat losses such as insulation levels and airtightness as well as information about building services systems.

The legislation also places a requirement on developers of new buildings to carry out an assessment of the potential for alternative energy systems prior to the start of construction.

This means that opportunities for renewable energy integration are identified at the start of the project, making it more likely that these can be implemented successfully and at the least cost. Under EU legislation, new buildings need to be moving towards being ‘nearly zero’ energy by 2020. This essentially means that buildings must be designed to be as energy efficient as possible and that the energy that they do require should come in significant part from renewable energy sources. The SBEM programme and the building standards on which it is based are being updated to reflect the move in this direction, tightening the requirements for a building to meet the minimum energy performance standards. Next year these standards will undergo an assessment to ensure that minimum energy performance requirements have been designed to achieve cost optimal levels and identify any potential to strengthen these requirements in a way that reduces both primary energy use and life cycle costs.

The DECC also consults on other aspects of the building and planning process and has taken on the role of being a ‘green filter’. It is a statutory consultee in Environmental Impact Assessments and also the competent authority for Appropriate Assessments required under the Nature Protection Act. Gibraltar is a small place and it is particularly important to ensure that new development does not encroach on existing natural areas of vegetation or coastline.

It is also important that protected species are considered and afforded the level of protection that they require, even if this means that certain developments, or aspects of a development, need to be changed or removed. The DECC always strives to support the sustainable development of projects wherever possible and has, for example, been involved in the successful relocation of the Mediterranean Limpet which was necessary for a project to proceed.

Officers from DECC can also conduct ecological surveys including swift and bat surveys prior to any renovation or demolition works. A requirement for the replacement or provision of swift nests and bat boxes is also set by the team as a standard requirement now.

In addition to all these concerns, the DECC also provides recommendations in relation to landscaping, provision of green areas, it details refuse requirements and promotes sustainable mobility solutions wherever possible such as by requesting the inclusion of electric charging points in new parking areas and the provision of cycle parking in new developments.

Development and construction have an inherent environmental cost but there are many ways in which this can be reduced: • encouraging the re-use and refurbishment of existing buildings, • designing for minimum waste of materials, • using sustainably sourced materials • optimising passive energy use (daylighting, solar gains in winter) and minimising energy requirements through good design and installation of low energy technology • smart metering • ensuring natural features can be easily managed and maintained HM Government of Gibraltar is committed to a sustainable planning and development policy and the team at the Department of the Environment & Climate Change is instrumental in helping to deliver this.

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ENVIRONMENTAL

Gibraltar Air Quality Why is air quality important?

Air quality is defined by the World Health Organisation (WHO) as the world’s largest single environmental health risk. It is estimated that over 90% of the world’s population is living in places where the WHO air quality guidelines levels are not met. The significance of this environmental issue for our society is recognised in European environmental Directives that require Member States to assess air quality regularly, to report it to the public and the Commission and to implement measures to deliver acceptable levels. Assessing and managing air quality impacts is an essential component of the planning and Environmental Impact Assessment (EIA) process for new development.

Ricardo Energy & Environment have been proudly supporting the Gibraltar Environmental Agency and HM Government of Gibraltar for over a decade as they respond to the air quality challenge. We work closely with both the Environmental Agency and the Government’s Department for Environment and Climate Change (DoECC) to: • understand the air pollution climate, both locally and regionally;

• help the Environmental Agency to implement the Government’s air quality measures Ricardo has expertise across the environmental sector through our large team of scientists and engineers, all specialists in fields from air quality, energy, climate change, waste, and water quality. As well as specialising in producing air quality evidence in support of policy development and public health initiatives, we use air quality data and stateof-the-art assessment techniques to ensure that major development projects deliver a high standard of air quality.

Gibraltar Air Quality Monitoring Network One of Ricardo’s first tasks was to help the Environmental Agency to establish a high quality air quality monitoring network that met the exacting requirements of European legislation at the same time as providing essential information for scientific understanding and evidence base. The network has been in operation since 2005 and has been expanded over time to include additional automatic monitoring (Witham’s Road in 2008), chloride and sodium measurements (sea salt particles), heavy metals and meteorology.

• help the Government determine potential policies that deliver genuine air quality improvements for the population (laid out within the Gibraltar Environmental Action and Management Plan and the Gibraltar Air Quality Action Plan );

Gibraltar Environmental Agency undertake the critical responsibilities of the Local Site Operator, performing site calibrations, maintenance and being on-call in case of equipment failure. This ensures that the network continues to provide the highest quality measurements possible.

1

EAMP https://www.gibraltar.gov.gi/new/sites/default/files/1/15/Environmental_ Action_&_Management_Plan_2013.pdf

2

AQ Plan https://www.gibraltar.gov.gi/new/sites/default/files/HMGoG_Documents/ Air%20Quality%20Action%20Plan.pdf

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Public Information We have designed and maintain the Gibraltar Air Quality website (http://www.gibraltarairquality.gi/) for the Environmental Agency, an important tool in communicating to the public current levels of pollution in the territory and advising on health impacts and remedial action, particularly for highly sensitive cohorts such as the young, elderly and those with pre-existing medical conditions.

The website provides hourly, near real-time information from the three automatic air quality monitoring stations in the network and acts as a repository for historical automatic and non-automatic monitoring data, analysis and relevant reports.

The website also provides a mechanism for the Environmental Agency to communicate immediate newsflash messages to the public about air pollution episodes.

In addition to collecting the data, we also undertake data ‘ratification’ - the process of applying stringent data governance and QA/QC procedures. These procedures are designed to meet regulatory obligations under the INSPIRE Directive (2007/2/EC), Data Quality Objectives specified under the Air Quality Directive (2008/50/EC) and the requirements of the Commission Implementing Decision known as the IPR (2011/850/EU). Through our involvement in European expert working groups (such as CEN), we ensure that the QAQC procedures we apply always represent the current best practice.

These processes are applied at regular intervals throughout the year in accordance with scheduled instrument calibrations that informs the QAQC, and a final data set for the year is ratified annually around May. The data are stored in a database which currently contain 4 million measurements and almost a million calculated statistics. This database underpins the public information services provided for the Gibraltar Environmental Agency.

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Deep understanding Ricardo’s services extend beyond making and managing measurements to fundamentally understanding the real world data we gather and turning it into robust, policy-relevant information that can underpin defensible Government policy.

Our analytical tools, complex dispersion models and expertise help to identify and characterise different sources, quantify their magnitude and simulate the impact of policy action on ambient concentrations. Through these tools we provide: • understanding of temporal variation to determine how concentrations vary throughout the day, week, season according to changes in the activity of the source.

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• spatial insight to determine where contributions are coming from – for example, within Gibraltar; beyond the Frontier in Spain; long range transboundary from Africa or Europe and natural sources such as sea salt from the Atlantic Ocean and Mediterranean Sea. Both temporal and spatial knowledge is key to accurately apportioning measured concentrations to the correct sources and focuses action and resources on those that will deliver the most effective and cost efficient results.

Annual Air Quality Workshop Each summer, we visit Gibraltar for dedicated presentations and workshops to the Environmental Agency, the Government’s Department of Environment and Climate Change and other relevant institutions (for example, GibElec, Port Authority, Highways Department). This serves as a forum to present the current situation in the context of the most recent measurements and to discuss current and future action. Past visits have also provided an opportunity to proactively engage with other stakeholders like Gibraltar Ornithological & Natural History Society (GONHS) and the Environmental Safety Group (ESG).

Reporting to the European Commission The final role we play for Gibraltar is to prepare HM Government of Gibraltar’s annual reporting and compliance statement to the Commission. This is provided each September once approval from the Minister for the Environment is received. As required, we also provide reporting of Air Quality Plans to the Commission which declares the Government action being taken to control pollution and evidences the reductions that Government policies are anticipated to deliver.

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ENVIRONMENTAL

Gibraltar’s citylevel greenhouse gas inventory Why are cities and communities important for tackling climate change?

Cities and urban areas present both a challenge and a significant opportunity in the management of global greenhouse gas (GHG) emissions due to the concentration of people and activities within them.

At ‘COP21’ in Paris – the 21st Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC) – almost 200 countries came together and collectively committed to limiting global temperatures to ‘well below’ 2 degrees and avoiding the worsening effects of climate change. With the next COP on the horizon in November, focus has transferred from making promises to taking action. Effective and committed governance at the

national level will be key to achieving the Paris Agreement, however it is at the sub-regional level where we will see the real gains in climate change mitigation.

Cities account for approximately 75% of global energy consumption and 70% of energy related carbon dioxide (CO2) emissions. With an additional 2 billion people predicted to be living in urban environments by 2050, this number is only going to increase. Urban emissions reductions from the aggregated effort of cities and urban areas by 2030 are equivalent to nearly 25% of the gap between national pledges and the 2 degrees target. Recent research also suggests that urban policy decisions before 2020 could determine up to a third of the remaining global carbon budget that is not already ‘locked-in’ by past decisions. In other words, where countries pledge, it will be cities and sub-national governments that will actually deliver.

Figure 1 Gibraltar is leading the world in urban GHG emission estimation and reporting

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Many cities, regions and local communities are doing just this, developing and delivering practical actions to fill the voids left in national policy. Climate action is also bringing a range of cobenefits for urban populations, from boosting local economies to reducing air pollution. Gibraltar is one of those urban communities, and has been blazing a trail in GHG reporting.

Community-scale GHG inventories – what are they?

For communities to take meaningful action on climate change, they need to understand the relative contribution of different emission sources. A comprehensive and robust “inventory” of GHG emissions is therefore the starting point of any climate change mitigation activity, enabling policymakers to understand the emissions contribution of different activities in the community, inform policies, and maximise the effectiveness of mitigation actions for reducing emissions.

Figure 2: The ‘GPC’ city emission standard

In December 2014 the Global Protocol for Community-Scale Greenhouse Gas Emission Inventories (GPC) was launched.

The GPC offers cities, communities and local governments a robust, transparent and globally-accepted framework to consistently identify, calculate and report city GHGs. A ‘City’ inventory following the GPC considers emissions induced by the community’s activities, rather than just those directly produced from within the boundary (like a national GHG inventory), and excludes those emissions produced that are not the responsibility of the community. In Gibraltar, this includes activities like Bunkering, which unfairly skew the ‘footprint’ of the community. Through the categorisation of emissions into different ‘scopes’ and sectors, as shown in Figure 3, it is possible to differentiate between emissioncausing activities in the community that can be influenced, and those outside of the community’s control.

The Compact of Mayors – international accountability Reporting GHG emissions using the GPC has been adopted by a number of international organisations and initiatives, and is a central component of the Compact of Mayors , the world’s largest cooperative effort among mayors and city officials to reduce GHG emissions, track progress and prepare for the impacts of climate change. To date, 633 cities, representing 492,134,481 people worldwide and 6.79% of the total global population, have committed to the Compact of Mayors2, including Gibraltar.

Figure 3: Sources and scopes of a GPC inventory

To commit to the Compact, cities must annually undertake a GPC-compliant inventory and Gibraltar has been leading the way, as one of the first to publish a comprehensive GHG inventory for the community, and one of the first to report all emission sources and scopes.

As Gibraltar has committed to the Compact of Mayors, the Government is now required to assess and report emissions every year, as well as taking further action to understand and manage emissions and climate impacts.

1 2

http://www.ghgprotocol.org/city-accounting https://www.compactofmayors.org/

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Figure 4: Compact of Mayors components

Gibraltar’s GHG emissions – what does this all mean?

In 2014/15, Ricardo Energy & Environment supported the Government of Gibraltar to undertake and compile a GHG inventory for calendar year 2013. At that time, Gibraltar was one of a small, but growing number of urban communities in the world to report a compliant GHG inventory.

The results of Gibraltar’s 2013 inventory (excluding port activities) show that total emissions within the scope of the ‘community’ were estimated at 324,683 tonnes carbon dioxide equivalent (CO2e), and the breakdown is broadly aligned to those expected for an urban area, with stationary energy dominating, accounting for 52% of emissions. Transportation contributes about one third of emissions, with 16% from road transport sources. Waste and product use are smaller, at 10% and 3% respectively, and energy associated with water supply 3%.

On a ‘per capita’ basis, emissions equate to over 9 tonnes per person. This is relatively high, reflecting possibly the relatively small resident population compared to the amount of energy consumed for all the economic activities occurring. More information can be found at: https://www.gibraltar.gov.gi/new/sites/default/ files/HMGoG_Documents/20150301-A_City-Level_ Greenhouse_Gas_Inventory_for_Gibraltar_2013.pdf Inventory data such as this is a critical tool in helping to identify and prioritise areas for action. Although there are uncertainties in data and methodologies, what this shows is that stationary energy, as the highest contributor to overall community-level emissions, should be a priority area for reducing emissions. In particular, the industrial, commercial and government sectors, as the highest end user category. Road transport is not one of the larger sources, but is significant given the small size of the territory and the potential for interventions to reduce vehicle use, and

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also improvements to air quality. Waste emissions are high compared to some cities, mostly from solid waste disposal at landfill sites. This is also an area of considerable local influence and waste management and recycling is an active policy area in Gibraltar.

In continuing to support the Government of Gibraltar in fulfilling their commitment to the Compact of Mayors by annually compiling a GPC-compliant inventory for Gibraltar, Ricardo Energy & Environment aim to help the Government to better understand and track emission reductions, identify and develop targeted policies and strategies to reduce Gibraltar’s GHG emissions. This will help Gibraltar to contribute to the global fight against climate change, continuing to be a leader in GHG reporting.

Eleanor Kilroy, Emission Inventories team Eleanor.Kilroy@Ricardo.com Catherine Walsh, Energy Officer, Department of the Environment and Climate Change catherine.walsh@gibraltar.gov.gi

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GOVERNment of Gibraltar

Building regulation reform needed for progress The announcement of the new Town Planning Act and plans to review building regulation is being seen as welcome news within the Town Planning & Building Control Department at Europort. As Building Control Officer, Robert Santos, told us, a change in building regulation is a much-needed update on the current legislation to facilitate the use of new certified materials and allow more flexibility within the construction industry locally.

This would mirror changes being made in the UK that has allowed the shift in building techniques that make the modern industry so dynamic.

“As recently as last year, the UK reviewed their set of rules with approved documents that will help developers achieve compliance and give them the flexibility to prove compliance for new products on the market,” said Robert Santos. “That is where I would like Gibraltar to move and in fact I was asked by the previous administration to extract those parts of the Public Health Act to create what we would have called the Gibraltar Building Control Act and from it the new basis of rules based on approved documents.”

The final draft was produced in 2010 but with the change of government the legislation was shelved as it was not a priority at the time, although Santos hopes the new Bill will include all the changes he suggested.

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“Aspects of such new legislation would be very similar to the UK but in some aspects I’ve made a point of giving particular attention to the peculiarities of Gibraltar,” he continued. “So even though the concept is the same, it is my intention to make distinct changes in the application of it. The building industry is changing all the time in terms of methods and materials so, while in the UK a number of commissions and committees look at particular sections of the rules to constantly review them, we do not have this in Gibraltar. In fact, the rules are labelled to be dating from 2007 only because the date gets reset every ten years, but in their content they are exactly as they were in 1984.”

“The only thing that has changed so far is the regulation of energy performance of buildings that replaced the old thermal section under the rules, because it was an EU Directive we were forced to implement,” continued Santos. “It is now a section called the Energy Performance of Buildings which was rushed through due to the implementation of the Directive. The Deputy Chief Minister is aware of the amount of work we have done on the subject. In fact, a copy of the final draft was passed to him for both the new of legislation (The Gibraltar Building Control Act) and the new set of Building Regulations.

Evolution

Importance

Santos joined the Building Control team in 1984 as a building inspector when it was under the Government’s Crown Lands Department but with his department being separated from what would go on to be run by private agency, Land Property Services, he was content to be part of the totally new town planning department. From there he worked his way up to become a junior building control officer and is currently at the helm of the section.

“Building control as such was formerly part of the Ministry of the Environment in the early to mid- 90’s when we were joined by the Town Planner Paul Origo, and we have been working very closely ever since. Under this administration both Planning and Building Control were united, hence the department’s name” recalled Santos. “We’re both governed by different pieces of legislation as they’re empowered by the Town Planning Act and we rely on some sections of the Public Health Act, a very old document that dates back to the 1950s.

Santos said that the average person-in-the-street, often overlooks Building Control although it’s importance in avoiding serious injury and ensuring health & safety is a matter of fact: “Important as the regulations are, planning has more of a public profile as it gets more coverage in the news when the DPC considers all the projects that are coming up all over Gibraltar. But beyond the initial stages, building control is a very important part of the whole process, which perhaps the general public are unaware of because it is not a high profile subject that people are constantly reminded of by news coverage.”

“Of that very extensive legislation, Sections 48 and 49 cover building regulation. The rules themselves introduced on 1 June 1984, based on the equivalent UK legislation of 1976, showing just how outdated they are. In fact, I’ve been trying to persuade the government to follow this concept of legislation for many years, since the UK model is very different and more pragmatic than that which we have in Gibraltar, as ours is considered rather draconian in its application.

Another positive move towards the new legislation has been made by the Fire Brigade who engaged the services of a consultant fire engineer to introduce the new Part E to bring it in line with the UK’s Document B. This Part E is now ready to be introduced, given that the final draft is presently in the hands of the Legislation Support Unit for final drafting before its introduction.

“For my part, I am very happy to be in a position to confirm that I have already gone through the preliminary stages of an aspect of the regulations which is currently lacking in our rules, namely the access to buildings for the disabled,” continued the Building Control Officer. “At the moment, what is known in the UK as Part M – access to and use of buildings has never been covered locally. So this is definitely a step in the right direction. It will be however known locally as Part R given that Part M is already a part in the rules that covers heat producing appliances. I can also confirm that currently when plans are drawn up we do encourage architects to design according to Part M, although we cannot enforce it. The technical details for the equivalent of Part M in the UK are therefore ready to be introduced. We are therefore just waiting for the legal procedures to go through to have this introduced.”

Santos believes that since the DPC became a more open process under the current GSLP/Liberal Government, it has taken a more prominent part in the everyday mind set of the population, while the equally essential work of regulating the building materials and techniques used is somewhat overlooked.

The changing environment also creates different challenges in the enforcement of the rules. Santos told us: “In the last 20 years we have seen a move from the traditional methods of construction with bricks and mortar to a new concept of dry lining, which uses lightweight materials that are more economical and faster to erect. This more modern system of construction is in line with what is currently happening elsewhere in the world. In fact, whilst on holiday in Australia I observed that bricks and mortar were only used for certain aspects of the construction process with substituting bricks for prefabricated materials used in combination with lightweight steel, aluminium and wood encased with plasterboard rather than the more traditional methods. “We are heading in this same direction the market is moving which is why we ought to change the rules to allow these certified materials to be used and keep on pushing Gibraltar forward,” he concluded.

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GOVERNment of Gibraltar

The Gibraltar Heritage Trust: protecting our past for our future Heritage Achievements The key characteristics of a Trust such as the Gibraltar Heritage Trust (GHT) working as it does, is the ability to modernise, react and change. Since its foundation in 1987 it has evolved from a pressure group to a Trust with a Board of Trustees and over 600 members. The GHT has achieved a great deal in the past 25 years, but amongst the most noteable are: a) The Gibraltar Heritage Trust Act (the first built-heritage legislation Gibraltar had ever seen) was introduced in 1989, (this will soon be replaced by a more comprehensive new heritage act). b) Large projects to save sites such as Parson’s Lodge from almost certain demolition, c) The restoration of the City Hall, d) Input into the interpretation of heritage sites

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e) The saving of the Sisters Quarters of the Old St Bernard’s Hospital f) The completion of the refurbishment of the Main Guard offices at John Mackintosh Square. g) Publication of history booklets and resources. h) Active contribution to the public discussion of contentious building projects.

In recent decades we have seen the investment by successive Governments in large scale development projects with heritage principles as the main driving factors; projects such as the Casemates Barracks and Square, Orange Bastion, the King’s Bastion Leisure Centre, the Retrenchment Barracks, the Royal Naval Hospital and Wellington Front, the Old St Bernard’s Hospital school conversion and the Ince’s Hall complex conversion to the Gibraltar International Bank are just a number of those both completed and ongoing. The Trust cannot by any means take credit for the completion of these projects; however it has undoubtedly had an influence in keeping these items in the public eye, raising awareness about the importance of retaining and reusing these buildings.

Future Conservation It can be said that never before has heritage been such a key player in the development of the urban fabric; the Gibraltar Development plan, published towards the end of 2009, has specific heritage-orientated guidelines and regulations within it and clearly laid out conservation areas. The GHT has been at the forefront of defending these principles especially within the, now public, Development and Planning Commission discussions. This comprehensive document gives a long term vision for the development of Gibraltar and, importantly from the Trust’s point of view, the heritage resources within it.

Although heritage conservation is not new, it has been almost ‘object-oriented’ and its scope has traditionally been limited to single buildings for many years. Area-based protection, such as conservation areas, and its integration into public policy is a relatively recent phenomenon. In many countries, rapid urban development and change during the post-war era constituted a major threat for heritage, and urban identity was

in peril. Opposition to the loss of urban identity as a result of massive housing projects and comprehensive redevelopment schemes led to the realization of the merits of protecting the historic character of towns. Although it has taken a long time to happen in Gibraltar, we are finally realising the importance of what makes Gibraltar’s architectural heritage unique.

Cities all over the world are realising the huge potential of the historical environment for bringing business, tourism and prosperity to a town. This is something the Trust, in common with many trusts and heritage-orientated organisations around the world has recognised and has been pushing for. The key to the survival of our heritage is its sustainable management for long-term use. Nevertheless, this can only begin with recognition and awareness of what our historical resource is. The new Heritage Act will help to give our old town and buildings the degree of protection it needs to fulfil this aim.

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Other Organisations As an independent statutory body the GHT, governed by a Board of twelve voluntary Trustees, aims to work with all like-minded bodies, both locally and internationally, for the preservation and enhancement of all aspects of Gibraltar’s heritage, which includes promoting all aspects of Gibraltar’s heritage culturally, educationally and touristically.

There are a number of bodies within Gibraltar that have been working towards different aspects of heritage documentation and conservation for many years. Institutions such as the Gibraltar Museum, The Government Archives, The Garrison Library, each contributing to the advancement of the preservation of Gibraltar’s past be it documentary or physical evidence. Add to this the exhaustive list of authors and researchers who have published books and articles on aspects of Gibraltar’s history that may otherwise have been forgotten.

The Heritage Culture For the community of Gibraltar, residents and visitors alike, the City of Gibraltar becomes part of their physical environment through personal experience and attachment.

In any historic environment there are competing demands and underlying tensions between past and present cultures and needs, between the familiarity of the old and the thirst for progress attached to the new. Through the contributions of international organisations such as the Council of Europe, UNESCO, and ICOMOS (International Council on Monuments and Sites) cultural heritage is becoming recognised as a significant link in urban life and the development process. This is something to which Gibraltar has not been immune.

The Trust’s vision remains to provide a distinctive, additional and effective service for the benefit of Gibraltar’s heritage.

The Trust’s objectives for Gibraltar’s historic environment are that this rich resource be: 1) Better and more widely understood by all, especially younger generations; 2) Better conserved and enhanced for future generations through good maintenance and careful use; 3) A vibrant context for modern day activity and a catalyst for environmental, cultural, economic and social change.

The Trust desires to inspire the individual, the community, organisations and businesses within Gibraltar to appreciate and take pride in the heritage around them and to stimulate debate on how this heritage should be conserved for future generations to enjoy. For the building community the Trust wants to advise and help foster a sensitive restoration of our older buildings respecting the exterior and equally important interior features. We are also interested in working with potential developers on the scale and design of large

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projects from a very early concept stage thus helping to foster cooperation between the Trust and developers as well as individual members of the building industry.

Your Support If you have not done so already, consider joining the Gibraltar Heritage Trust and lend your support to the work being done to conserve Gibraltar’s historic landscape. Our heritage is a finite resource, and not to be taken for granted. It is the responsibility of current generations to lay the foundations of protection for the future - in doing so we are in fact conserving our community, beliefs, natural environment and culture not just buildings.

Claire Montado ChiefExecutive@gibraltarheritagetrust.org.gi www.gibraltarheritagetrust.org.gi

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Office Phone +350 20064323 Email matt@mjlancleyltd.com

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GOVERNment of Gibraltar

IOSH - health and safety IOSH Gibraltar Associate Branch developed out of the Occupational Safety and Health Group which was established in 2004. Most local health and safety practitioners, and those involved with health and safety at work, joined the Group and membership soon stood at approximately sixty. The Group got involved in the organising of local Health and Safety events such as the annual Health and Safety seminar which, on occasions, attracted in excess of 400 delegates to the John Mackintosh Hall theatre.

The seminars included local speakers and guest speakers from abroad, on most occasions including leading member of the IOSH (Institution of Occupational Safety and Health), such as the President, Immediate Past President or Chief Executive of the Institution which led to a close relationship between the Group and IOSH and the Chairman, himself a Chartered Fellow of IOSH, who argued that the Group should be given IOSH Branch status. IOSH repeatedly stated that this was not possible; that a minimum of 400 members was required in order to constitute a Branch - this was simply unachievable.

The battle was not over and the Group continued to argue its case. In 2010, at the invitation of the Group, an IOSH Vice President came to Gibraltar to address the yearly seminar. He has ties with Gibraltar and took a special interest. He argued Gibraltar’s case and managed to change the way of thinking of the IOSH executive and a new level of ‘Branch’ was introduced - Associate Branch.

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In 2012 Gibraltar became the first Associate Branch with the idea that, if it was successful in Gibraltar, other Associate Branches would be formed in places which were in a similar situation, such as the Channel Islands. The Gibraltar Associate Branch developed well, organising yearly seminars, taking part in the annual Workers Memorial Day commemorations, setting up a stall at the bi-annual Government of Gibraltar Careers Fair and other relevant events. It would secure an interesting and relevant speaker for its annual general meetings and kept IOSH fully informed, it would thus often feature in the IOSH online news.

One day, in early 2015 and completely out of the blue, the Gibraltar Associate Branch was informed that the ‘trial’ was over and IOSH had unilaterally decided to abolish the Gibraltar Associate Branch. The reaction from Gibraltar was immediate, the chairman of the Gibraltar Associate Branch threatened to return his IOSH President Distinguished Service Certificate, which had been awarded to him in 2012, and also threatened to resign his membership. The Gibraltar Government Minister with responsibility for health and safety wrote to the president of IOSH requesting an explanation.

IOSH must have been embarrassed. A letter, blaming an executive who had left IOSH, was sent to the Branch, giving a guarantee that the Gibraltar Associate Branch would remain. The Gibraltar Government Minister received a similar explanation. As a result the Gibraltar Associate Branch was given its own IOSH email address, gibraltar@ioshnetworks.co.uk, and events organised in Gibraltar were circulated by IOSH to its members. The Associate Branch now regularly features in the IOSH on line publications and IOSH are always keen to be informed of activities organised by the Gibraltar Associate Branch.

In October last year the Associate Branch, in association with Unite the Union and the Government of Gibraltar, organised a very successful seminar in the theatre of the John Mackintosh Hall. It was very well attended and was supported by the Chief Minister and several other Ministers. The theme was taken from the IOSH national campaign on preventing occupational skin cancer. There were several speakers, both local and from UK. Speakers included the Unite the Union National Health and Safety Advisor who is no stranger to Gibraltar, and also included the IOSH president, a University Lecturer who delivered an excellent address. So successful

Escorting the Chief Minister into the John Mackintosh Hall theatre for the H&S seminar 2015.

was the theme that GBC television produced a View Point programme exclusively on the topics discussed at the seminar and IOSH was so impressed that it has made use of the programme to further promote the campaign.

The IOSH Gibraltar Associate Branch continues with its mission which is to promote a good health and safety culture in Gibraltar. It encourages all Health and Safety practitioners in the area to join and thus exchange ideas and experiences.

The Associate Branch serves to inform its members of health and safety related activities and promulgate information.

Richard Labrador MBE safety@gibtelecom.net

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INFRASTRUCTURE

A single point of responsibility under the JCT Design and Build Contract 2011

An employer should be aware, in seeking to ensure that the contractor is fully responsible for the design of the project, that the JCT Design and Build Contract 2011 without certain amendments will not necessarily guarantee that the contractor has acquired complete design responsibility.

The JCT Design and Build Contract 2011 edition, a standard form contract, can provide the employer with the certainty of a fixed lump-sum price, a set date for practical completion of the construction works and to a certain extent, a single point of responsibility for the design. In seeking such certainties, the employer can expect to pay a premium as with single point responsibility and a fixed-price lump sum the contractor will be subject to greater exposure, the unknown quantity as to what potential risks lie in wait.

At the outset of the project, it is usual practice for the employer to employ design consultants in order to provide outline designs and specifications with a view to obtaining the necessary building and planning permissions. On appointing a contractor under a design and build contract, the subsequent design as well as the construction is then the responsibility of the contractor. On appointment, it is quite usual for the employer’s design consultants’ contracts to be novated to the contractor. In doing so and with the contractor being responsible for both design and construction, any argument that a defect is a result of construction or design is attempted to be negated.

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However, the standard form without amendments will continue to provide that the design responsibility is apportioned between the employer and the contractor.

The design contained in the employer’s requirements, the outline design and specifications, being the responsibility of the employer and with the contractor responsible for the subsequent design works which are then carried out to project completion. Should there be a defect in the design, the employer may in seeking recourse for any loss, be required to pursue either the contractor or its design consultants for any damage caused by the design defect.

An un-amended standard form provides that the contents of the employer’s requirements are not the responsibility of a contractor and that it is also not the responsibility of the contractor for verifying the adequacy of any design contained within them. The employer is responsible for any discrepancy contained within the employer’s requirements. Should any inadequacy be found, which is not the responsibility of the contractor to verify, then, the employer’s requirements are to be amended accordingly and subject to certain provisions, the amendment shall be treated as a change to the contract.

In such circumstances, the contractor may be entitled to an increase in the contract sum, an extension of time flowing from the change and with it a delay in the practical completion of the construction works.

Notwithstanding the direct cost of the variation to the contract sum, any change to the contract can impact on works which are part of the critical path on the contract programme of works. Any variation and with it an extension of time will then ensure that the preliminaries element of the contract sum which will include for management costs, construction plant and rental costs etc., will also increase due to the increased time spent on site. Despite the impact any delay to the practical completion date will have on the project’s finance arrangements, this increase in costs can be quite substantial. The employer will be unable, where the contractor is not at default, to claim liquidated damages as provided for in the contract for the resulting increase in the contract programme. An agreed rate of damages inserted in the contract to compensate the employer if the contractor does not complete the works on time.

In order to limit its exposure, the employer should ensure that the contractor has full responsibility for the design of the works and so amend the standard form and create a single point of responsibility.

Any necessary amendments require careful consideration due to the interaction of the clauses contained within the standard form. Failure to do so and the contract will lose meaning.

On amendment complete responsibility for all aspects of the design, which will include any design works carried out on behalf of the employer as part of the employer’s requirements will be passed to the contractor. In doing so, the contractor will be responsible for the design work carried out by the employer’s design consultants, whether this was carried out before or after the entering into of the contract.

Jason Corbett Attias & Levy Jason joined Attias & Levy following completion of his solicitor training contract in Gibraltar. He is dual qualified in England & Wales and Gibraltar and was a quantity surveyor previously. Jason has particular experience in contract negotiation, employment and commercial litigation.

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INFRASTRUCTURE

Structured Data Cabling – Building a solid foundation for the future.

With the completion of the World Trade Centre and Mid-town developments on the horizon, SDC’s Simon Debenham suggests that if businesses are thinking about relocating their offices, then now is also a good time for them to plan to build a solid foundation for their new network infrastructure.

“Your network needs to have the capacity to keep up with the demands you will put on it, both now and in the future.

You should be looking at building a network foundation that will allow for growth and movement when you need

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it. Your network also needs to perform to its full capacity in the transfer of your data to ensure your business operates correctly.” Making the right structured cabling choices at the beginning of a project will save a lot of management headaches later on down the line and provide your business with a good network foundation to build upon.

Choosing quality cabling components is relatively straight forward –good branded, manufactured products adhere to the international standards of ISO 11801 & TIA 568 C and these parameters make sure that components support the desired network performance levels. (Cat5e, Cat6, Cat6a, etc). A good data installation company should be able to offer a choice of branded manufacturer products suitable for different budgets and requirements.

Technologies Copper and fibre technologies have come a long way and choosing the right specification of cable, manufacturer and installer is essential. As a company, we find ourselves now installing Cat6a & Fibre in Data Centres around Gibraltar.

However, we find for many offices, Cat5e and Cat6 are, in most cases still more than sufficient to run Gigabit Ethernet and current POE applications such as phones and cameras. Cat5e does support Gigabit Ethernet, but for extra margin and higher performance Cat6 is the recommendation. If a project requires a 10 Gigabit Ethernet connection, then Cat6A or higher is suggested.

Network Performance Just as important as choosing the right category cable, is ensuring that your network will perform correctly.

Transferring data accurately over your network relies on link performance –‘the cable/component’s ability to transfer a signal while retaining its original information content’. Link performance is measured during testing through ‘headroom’, and headroom is affected by 4 factors; the quality of components used, cable length, cable handling during installation and termination quality. Therefore the better the quality of materials and the better the installer– the better your network will perform.

With this in mind, we recommend that businesses choose their cabling components and installers carefully.

Choosing quality workmen is not as easy, but just as essential especially when you work with high performance networks such as 10Gigabit. New, shiny offices are great, but your business is reliant upon a high performing network, and you won’t get this if it has been installed badly with cheap unbranded components and unqualified engineers.

The quality of your links rely upon the skill and good workmanship of the installation engineers. Data cables if run in or terminated badly will have low headroom or failures on the link tests which will negatively impact your network performance (and your investment).

What to look for If you are considering a new office, then look to involve a qualified, experienced data installation company early on in the planning stage to assist with decisions regarding, cable specifications, cable routing, containment and termination points.

Make sure you choose an installation company that will provide Certification Testing for 100% of the installed network (and not just Continuity Testing). Choose Manufacturer Approved Installers who will follow installation guidelines and provide network test results with high level pass rates – ensuring manufacturers can provide warranties on your system.

As in other industries, do your research. Ask to see credentials, qualifications, Public Liability Insurance and a portfolio of local projects/references with high network pass rates. Structured Data cabling is something you only need to do once. It’s always worth doing it properly and getting the right team in.

If you are considering a new office or relocating your office or Data Centre, Structured Data Cabling (S.D.C) Installations are available for advice and free quotations.

Contact us directly on: 00350 54012371/54019573 Email: info@sdcinstallations.com Or visit our website: www.sdcinstallations.com

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INFRASTRUCTURE

NEWS RELEASE

Lagan Construction International completes project at RAF Gibraltar on budget and two weeks early Works carried out by Lagan Construction International at RAF Gibraltar

Lagan Construction International, part of the Lagan Construction Group, has completed a runway resurfacing programme at the Royal Air Force Base (RAF) Gibraltar.

Valued at £8million, the project was carried out on behalf of the UK Defence Infrastructure Organisation (DIO). The four month contract involved the replacement of some 15,000 tonnes of asphalt and 200 airfield lights. Work was completed during night time shifts to ensure the base remained operational throughout.

To complete the resurfacing work, plant and equipment owned by Lagan Construction International was shipped in from the UK along with aggregates from the UK. Works included the slurry sealing of 200,000m2 of the runway strip. Installation of a new pit and duct system was carried out including 3 runway crossings. Temporary airfield ground lighting was installed to facilitate the delivery of the works.

DIO Programme and Projects Delivery International deputy head David Graham said: “Investing in infrastructure to enable military capability is a huge part of what DIO delivers for defence so I’m really pleased with how quickly and smoothly this project has progressed.”

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“This was only possible because of how closely DIO, Lagan Construction International, RAF Gibraltar and the government of Gibraltar worked together to mitigate any possible problems.”

British Forces Gibraltar commander commodore Ian McGhie revealed: “74,000 man hours were dedicated to resurfacing the runway, all done without a single reported accident.”

“And get this, a MoD project that was delivered two weeks early and to budget. I never thought I’d hear myself say that so I will say it again, it was delivered two weeks early and to budget.”

Steve Turner, Director International Operations at Lagan Construction International said: “The entire team have been working together to overcome significant challenges such as logistics of plant and material from UK to Gibraltar to deliver a high quality project”. Everyone at Lagan Construction International is extremely proud of what has been achieved on this challenging project.”

Currently, the air force base at Gibraltar handles both military and civilian flights on its 6,000ft-long runway. The project will enable flights to continue in and out of RAF Gibraltar for the next 20 years.

PROPERTY & CONSTRUCTION LAW At Attias & Levy we deliver readily understandable focused legal advice whilst having conduct of all variety of property transactions. We are valued for our technical expertise, fully understanding the objectives of a client and the quality of service that we deliver.

Attias & Levy clients include: Developers, Contractors, Construction Professionals, Financial Institutions, Investors, Estate Agents, Landlords, Tenants, Management Companies and Individual Purchasers.

We have extensive experience in advising on: Development & Construction Projects, Strategic Portfolio Advice, Estate Management & Planning, Landlord and Tenant Issues, Contract Negotiations and Conveyancing Contact: attlev@gibraltar.gi First Floor Suites, 39 Irish Town, PO Box 466, Gibraltar Tel: 20072150 Fax: 20074986 website: www.attiaslevy.gi Like us on Facebook: https://www.facebook.com/AttiasLevy Follow us on Twitter: https://twitter.com/AttiasLevy BuildGibraltar ISSUE 02 71

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Buena Vista PARK VILLAS: UPDATE BV Homes Ltd are the developers of Buena Vista Park and have decided to offer as many customisation options to purchasers as is practical when purchasing off-plan. The earlier purchasers get involved the more choices they have.

Even once the structures of the properties are in place, purchasers can still choose their layouts and internal finishings. Purchasers are given generous budgets for the kitchens, bathrooms, flooring etc and can choose from a range of developer approved suppliers.

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Project Manager, Alex Walker, is pivotal in the co-ordination of all stakeholders in particular overseeing the purchasers’ requirements acting as the liaison with the purchaser, architect and site team ensuring the formers requirements are translated into the final constructed product in compliance with all statutory authorities. After a property has been reserved but prior to exchange, the purchaser will sit down with the Architect (AKS Ltd) to discuss any changes they may want to the planned layouts. After which a timescale is given to the purchasers for them to decide on their internal finishings. As works progress on site Alex, with the support of the Architectural team, will undertake regular inspections during the construction period,usually with the purchaser, to

ensure that what is built is both as was intended and to the satisfactory level expected of such a high end development.

The Construction Manager, Paul Jarvis, has a small team of directly employed staff and a number of specialist contractors to manage. The ethos has always been to use local suppliers and contractors where possible and, to that end, there are a number of companies working on site, each undertaking areas of work that matches their expertise and experience. For example the foundations and steel frames are being erected

by Proseal Construction, mechanical and electrical installation

by Prodomestics with finishes being supplied locally by companies such as 101 Ltd and Porcelanosa.

The finishing touches to Phase 1 are almost complete with the communal pool and garden in use from August 2015.

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PHASE 2

Phase 3

The Stone Block, formerly Buena Vista Barracks is to be restored in keeping with the heritage of the building. It is to be one house with extensive gardens, swimming pool and outhouses.

Phase 3 includes three exclusive townhouses and up to 8 unique villas, with a wide range of customisation options for the internal layouts and finishes. The foundations are in place for the first four properties to be built and the structures are going up, with the first three properties due for completion end of 2016. Villas in Phase 3 start at around ÂŁ3 million.

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Buena Vista Park Villas is the first development from BV Homes Ltd and the success can be attributed to a number of factors, including: • The demand for high end properties with gardens and pools in Gibraltar.

• The options available to purchasers to customise their homes.

• The credibility of the owners and management of BV Homes Ltd. • The integration and continued use of heritage structures.

• The passion and commitment of the developer, architects and construction team.

Phase 1 is Sold Out The majority were bought by owner occupiers who have now moved in and are enjoying their new unique homes in a wonderful setting with outstanding views across the bay and straits of Gibraltar. There are a couple of resales available, so if someone is looking for a property in Buena Vista Park and they can’t wait for Phase 3 to be completed, there are a couple of options.

Phase 2 The Stone Block (Buena Vista Barracks) is Reserved at the time of writing, hopefully to be Sold by time of publication.

This will be a truly grand residence and is the centre piece of this luxury gated development.

Phase 3 consists of three townhouses and up to 8 luxury villas.

Four of the properties have already been sold off plan and there is confirmed interest in all the remaining properties.

These properties offer purchasers a wide range of high quality customisable finishes and are south west facing with amazing views of the straits of Gibraltar and Africa.

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promote your company HERE. contact us on +350 54020671 mediasales@pdg.gi

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“Perched on a cliff edge”, “Unique position, with spectacular views”, “a privileged location”…

You would be forgiven for thinking that new developments nowadays are also competing for the award for best adjectives and superlatives, and Buena Vista Park Villas is no exception to the rule. Pitching, branding and marketing will always carry with it a degree of poetic license in order to draw in applicants seeking a new home.

Buena Vista does however deserve a special mention, in that by all accounts it was the first development to be launched in Gibraltar with average prices (for phase 1) of approximately £1.6m. It was also launched at a time when Gibraltar’s property market was only just coming out of 24 tough months, post the Credit Crunch of Oct 2008. It was in short, a big ask, in a market where high value property prices, as a general rule, did not exceed £750,000.

BMI were officially appointed as agents in December 2011. We were keen to be involved in the project, whilst sceptical that we could encourage high value clients to seriously consider spending up to £2.5m for properties in Gibraltar’s south district; not commonly known as an area able to achieve or attract this price bracket. The development clearly had a great many positives, not to mention the fact that it offered applicants high quality bespoke internal finishes, unheard of in Gibraltar to date. What excited us the most about the project however, was the location (and yes, here come the adjectives)…..The site is in fact a historical piece of real estate, enjoying the most spectacular views across the Strait and Bay of Gibraltar and toward the Rift Mountains of Morocco. It also delivers a private, low density, gated community of town houses and villas. All in all, there was certainly enough by way of substance, to genuinely develop a marketing campaign and attract discerning applicants.

January 2012 saw our first reservation, shortly followed by a second in April. It became clear that interest was developing and once works on site began, further sales developed. By early 2014 the majority of the first phase had been sold with most of the buyers being owner occupiers. BMI were delighted to have represented almost 70% of all sales. Buena Vista Park Villas had

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clearly proved that a new bracket of high value prices was achievable in the South; it also underpinned a real demand for larger more exclusive properties on the rock, which further cemented our thoughts on a developing four tier market. (Please refer to our annual market update on www.bmigroup.gi) Given our success with phase 1, we were delighted to be approached by the developers in a bid to advise and offer some guidance with respect to phase 3. We are skipping phase 2 (The Stone Block), now under offer to one user as one dwelling.

BMI has had the pleasure of advising and consulting some of the major developments in Gibraltar, such as Atlantic Suites, The Anchorage, Kings Wharf, Europlaza, Buena Vista Mews, Sunset Close and others. We represent over 50% of all new developments over the past 15 years and we were keen to continue our involvement with phase 2 of Buena Vista Park Villas.

Our approach was simple. We wanted a mark II version of phase 1, an improved, lower density scheme that would add value to the entire project whilst also improving on certain elements from the previous phase. Phase 3 comprises of 11 units in total as opposed to 16, all of which are greater in relative distribution and size and as opposed to a double row of properties, just a single row situated on cliffs edge with what we believe to be the most impressive views from Gibraltar. All units enjoy internal areas of between 270sqm – 500sqm with substantial terrace areas and gardens as well as infinity pools. As with phase 1 the properties are all bespoke with respect to internal layouts, specifications and fittings – fitted kitchens alone allow for a budget of up to £65,000.

Of the 11 units in this last phase, four are sold with two currently under consideration (as I write this message).

BMI are once again delighted to feature and (so far) represent 100% of all sales achieved to date, with sale prices from £1.85m to £4.5m. With construction works well under way, we expect to see this last phase nearing completion by end of 2017. For further information on the remaining Villas, please contact BMI Group, leading agents for Buena Vista Park Villas.

Louis C. Montegriffo Managing Director BMI Group

DEFINING

Introducing Gibraltar’s

Prestigious Address...

LUXURY

LIVING

IN

GIBRALTAR

A unique selection of bespoke villas on large plots with private gardens and swimming pools, affording spectacular views of the Straits and Bay of Gibraltar.

SOLD BM I GROUP D5

SOLD

D6

D7

D8

B MI GROUP

SOLD B MI GROUP

SOLD B MI GROUP

CONTACT LEADING AGENT: info@bmigroup.gi

(+350) 200 51010

BMI Group Limited, Unit 7 Portland House, Glacis Road, P.O. Box 469, Gibraltar

BMI GROUP ESTATE AGENTS

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RESIDENTIAL

MONS CALPE MEWS: UPDATE Date: Completed 2016 Architect/Project Manager: WSRM Client: CASAIS GIBRALTAR LTD

Mons Calpe Mews has been designed to create family dwellings of a high standard and quality at the lowest possible prices, with strong emphasis on communal facilities including commercial units at road level. All dwellings have balconies and are orientated to maximise the benefit of views towards the sea or the Rock, across landscaped communal areas.

Buildings are arranged to encourage enjoyment of leisure and play areas. Car parking is situated under podium deck and is covered. These parking facilities are serviced by lifts to all floors.

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PUBLIC SPACES The podium level is envisaged as a sustainable park with minimalistic planting beds, pathways, shade structures and seating areas within in a modern setting. The multi-functional, landscaped areas will create opportunities for informal gathering as well as spaces in which to relax at any time of the day, improving connectivity within the various spaces and residential blocks.

CONNECTIVITY The development links well with the established public transport nodes and routes, and is designed to promote cycling and walking to achieve connectivity and promote health and well-being. The main pedestrian route from town or North Mole will create an important visual link connecting the surrounding areas to the new development. wsrm architects t: +350 200 74547 e: architects@@wsrm.gi w: www.wsrm.gi

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BEACHVIEW TERRACES: UPDATE Date: January/February 2016 Architect / Structural / M&E Engineers: AKS Client: GJBS Ltd. Beachview Terraces has been designed to provide 564 new affordable family homes to a high standard of build quality and finish. A mixture of one to four bedroomed homes are provided, creating a community based around two individual blocks. With balconies, storage and dedicated parking together with a communal podium area for the benefit of all. The blocks are oriented to maximise the benefit of views toward the sea or the Rock.

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The blocks whilst offering open areas are accessed through two individual foyers giving rise to both residential and communal areas alike. Opportunities for communal leisure and play are offered at podium level as both blocks are interconnected. A children’s play area is offered together with seating and shaded areas encouraging community and relaxation.

The development is well served with local transport links around the Rock, both to the town centre and to Europa Point and is well situated to amenities in and around Eastern Beach and Catalan Bay and with further development planned in the area, amenities will be greatly enhanced for the residents.

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Home Ownership: A saga maybe, but generally a successful one.

Nicholas Gomez is a barrister in the law firm of Charles Gomez & Co which has represented over a thousand first time buyers in home ownership schemes since 1989 and several management companies.

The Chambers have acted as counsel in Building Construction litigation up to Court of Appeal level. In the latest developments, the firm’s conveyancing department acted for more than 50% of all buyers.

Gibraltar has traditionally had one of the highest densities of population in the world.

Housing has therefore always been a major issue in this City.

Until the 1930’s housing was very much in the hands of the private sector and the first foray by the then Colonial Government, Harrington Building in Cumberland Road actually had to be stopped because of the war and was only completed after peace was re-established.

A view from the top of the Rock will immediately highlight to the discerning observer just how cramped Gibraltar was before the large reclamation projects were completed in the early 1990’s.

The Stone Block, formerly Buena Vista Barracks is to be restored in keeping with the heritage of the building. It is to be one house with extensive gardens, swimming pool and outhouses.

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An ambitious plan to build 18 blocks to house 1,034 families (more than 5,000 persons) in a large area of the Alameda Gardens was pared down to a mere 9 blocks when estimates of costs for these steel framed buildings were found to have been seriously misjudged. Anticipated costs of £750,000 in 1947 rocketed to £3,547,589 and the project was reduced to 472 flats which were then called the Governors Meadow Buildings (now Alameda Estate) and cost £1,799,000 and also saved the Botanic Gardens for posterity.

These flats were rented out to Gibraltarians eligible to be housed on the return of women and children from the evacuation. Subsequently cheaper builds were erected in Schomberg, Moorish Castle and Laguna Estates between 1965 and 1967 and the Glacis Estate completed in 1969 (for more details I recommend “Community and Identity: The making of Modern Gibraltar since 1704” by Professor Stephen Constantine Manchester University Press 2009).

After the frontier closure in 1969 the Varyl Begg Estate was built and thereafter construction came to a halt, not just in housing, but in most other areas Shortly after the frontier re-opening in 1982 the then Government of Gibraltar began to experiment with home ownership schemes. The biggest of which was the Vineyards estate on the old gas works site which was originally proposed by a company promoted by a German-born Gibraltarian Mr. Lothar Migge and the German Pistorius Group. However, when the site went to tender it was allocated to another local developer.

In 1989 the first GSLP government, in conjunction with Dutch and Danish interests oversaw the reclamation of a large area within the Port, initially called “Feetham’s Beach” by incredulous political adversaries of the then Minister of Trade and Industry, Mr. Michael Feetham. The extraordinary success of what was originally characterised as a folly is there for all to see. Around 2,000 flats were built - including those now known as Harbour Views and Montagu Gardens / Crescent.

These apartments were sold on an innovative basis with a subsidy of up to 50% from Government which could be repaid in the future.

Although quality of construction left much to be desired, particularly in the Harbour Views (Westside One) development, successful litigation against the contractor resulted in the payment of several million pounds. This settled the large repair bills and now that particular housing estate is deemed to be in good condition.

Other problems also affected the Montagu Gardens estate and the scheme carried out by another private company in the Brympton area of the South District.

Despite all of these problems, and throughout this period, there has never been a dearth of Banks and Building Societies willing to lend and, indeed, Gibraltar is reputed to have a mortgage loan default rate which is far less than that of the United Kingdom.

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Home ownership has, as in Britain, generated in Gibraltar a level of wealth among ordinary Gibraltarian families which could not have otherwise been achieved from salaries.

The most recent relevant transaction handled by the conveyancing department of Charles Gomez & Co highlights exactly how beneficial home ownership has been. A flat in one of the estates mentioned above was bought in 1992 for £64,000 (say £122,000 today taking inflation into account), of which 50% was paid by Government, and sold in 2016 for the fourth time for £215,000. The lack of any capital gains taxes in Gibraltar would have made each of the sellers a handsome tax free profit and enabled many to go further up in the property ladder.

Whilst home ownership has improved the standard of living of those fortunate enough to have been able to buy in to these projects, the Government has attempted to provide also for people unwilling or unable to buy even at discounted rates. The Sir William Jackson Grove project (originally Gib V) was divided into flats for sale and so called “Option C” flats, which could be rented and the rents used as part payment for a future purchase. However disputes soon arose with those who had purchased, claiming that tenants did not take as much care as they should of common areas. Similarly, the Mid Harbours apartments which are rented out to eligible families has attracted substantial criticism in terms of lack of proper management - to the extent that the property consumers association Action for Housing has challenged the Government to enact and enforce proper regulations to control anti-social behaviour.

Not unnaturally these problems contrast with the situation in most home ownership estates, which are run more or less efficiently by management companies owned by the flat owners themselves who pay a service charge to cover repair, maintenance and insurance of external and common areas. The raising of service charges and related expenditure are regulated under the Housing Act 2007 (previously the Consumer Protection (Property Maintenance) Ordinance).

The pendulum thus seems to be swinging back to home ownership with the Waterport Terraces, Nelson’s View and Cumberland Terraces estates.

Waterport Terraces marked a further innovation insofar as private developers were cut out of the equation and the organisation and management of design and building was carried out by Government employees, seemingly more successfully than had previously been the case.

More recently, two other estates have caught the imagination of a new generation of Gibraltarians. Beach View Terraces at Eastern Beach, some of whose apartments have views of the kind more commonly associated with luxury apartments in the best part of the Mediterranean, and Mons Calpe Mews in the

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Waterport Area. Both developments were oversubscribed.

Beach View Terraces buyers all completed before Easter 2016 and completions at Mons Calpe commenced immediately after.

Again, these developments were offered on the 50% - 50% subsidy scheme and there seems to have been very few cases where buyers have not been able to obtain mortgage loans.

The principal mortgage lenders have been NatWest and the newly incorporated Gibraltar International Bank, with continuing support from the remaining building societies.

In terms of management and upkeep, a great deal of effort is being made to ensure that lessons are learnt from the mistakes made in other developments. Some of the mistakes, including failure to invest in sinking funds to provide for future capital expenditure have occurred not only in home ownership schemes but also in other projects. The local adage “lo barato sale caro” (something like “cheapness can be costly”) applies particularly when it comes to the raising of service charges which must cover not only ongoing expenditure, but also future recurring capital costs.

In terms of quality of building construction, Bay View Terraces and Mons Calpe Mews have been an excellent opportunity for the two building companies involved to prove their worth.

Beach Views is one of the first major projects of the locally based Gibraltar Joinery and Building Services Ltd and Mons Calpe was built by Casais, a Portuguese company, which currently accounts for a sizeable proportion of the local construction market.

Both have developed excellent reputations which they will obviously want to maintain by ensuring that snagging of defects is carried out expeditiously.

All eyes are now set on the Sir Robert Peliza and Hassan Centenary developments promised by the Government for the Waterport area and the Sovereign Bay site.

The launch of the University of Gibraltar in September 2015 is likely to act as a catalyst for further rental accommodation, possibly in the old part of town, to supplement the flats to be built in the Europa Point Campus.

Nicholas Gomez Charles A Gomez & Co Barristers-at- Law & Solicitors, PO Box 659 5 Secretary’s Lane Gibraltar Tel: 00 350 2007 4998 / 00 350 2007 3316 Fax: 00 350 2007 3074 Web: www.lawequitygibraltar.com

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A.ABECASIS GONZALEZ LTD. A. Abecasis Gonzalez Ltd. is a family run business, currently in its fourth generation, and presently owned and run

by Jimmy Coelho, who has now been in the driving seat for over 30 years.

Originally retailing linoleum (hule), sunblinds, mattresses, and wholesaling foodstuffs (Honig), wrapping paper and household goods, Abecasis Gonzalez felt the need to diversify and adapt with changing and growing needs. Now a successful business retailing beds and mattresses, home and office furniture, blinds, flooring, kitchens, electro-domestic appliances, as well as carrying out small refurbishments, the company has gradually grown from just 4 employees to 12, and with the separation of Abegon Fitters earlier this year, now down to a total of 10.

Abecasis Gonzalez recently underwent a thorough rebranding process and a complete transformation of their showroom, which now boasts an entire floor dedicated to sofas, and another for beds and mattresses, as well as small showrooms featuring their range of kitchens and bedrooms. Having recently obtained an ISO 9001 certification, Abecasis Gonzalez

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is going from strength to strength, and with a surge of new energy injected into the company, the business now projects a fresher and more modern image, catering to a wide spectrum of ages and an increasingly younger audience.

The company has brought in some fresh initiatives and with a new driving force behind social media, they now have a very active presence on Facebook, Twitter, LinkedIn and Instagram, as well as a fully functioning website, all of which have allowed them to

A D V E R T I S I N G

F E A T U R E

Another economically-focused option that the company has incorporated into their setup, is the option for clients to obtain Finance, which can be provided through Turner Finance and/or Bassadone Automotive Finance. Customers are also now able to pre-order their products, which can be held in store while instalments are paid, ready to be delivered instantly once the payment has been completed.

With their multitude of products and services at your disposal, Abecasis Gonzalez really is your one-stop shop when it comes to your homes, minimising hassle and maximising efficiency. Buying local not only helps support Gibraltar’s economy, but is also the only way to ensure a guaranteed after sales service; something that Abecasis Gonzalez has developed a sublime reputation for ensuring to their customers.

become much more accessible to the modern shopper.

Abecasis Gonzalez’s slogan is ‘Delivering your vision’ and that is precisely what they aim to do with each and every client. With years of experience behind their employees, AbeGon are dedicated to creating a tailormade experience for the needs of each client. Their primary aim is to provide personal attention and meet customers’ requirements with efficiency at a reasonable price by dealing only with the most reputable and efficient manufacturers and suppliers in the market.

With the new flats at Beach View Terraces almost completed, and those at Mons Calpe Mews also upon us, Abecasis Gonzalez has decided to take a step in the direction of Gibraltar’s younger generation, making a commitment to fantastic value offers, while maintaining the levels of quality that they pride themselves on providing. As well as various ongoing offers, which have been created to help customers save a pretty penny, they have also developed brand new catalogues of affordable furniture package deals, which have been carefully planned to provide new buyers with stunning and stylish pieces, prioritising fantastic quality and great value-for-money. Not only are these catalogues available to view in the physical form, at the shop in New Harbours, but it is now also possible to flick through it from the comfort of your home, as it has also been incorporated into their website, www.abegon.com

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commercial

Gibraltar ranked as #1 advantageous tax jurisdiction for property investment A recent Savills global research Spotlight report compared the 14 top @inancial jurisdictions offering HNWI tax advantages, by analysing a composite of annual sunshine hours, annual precipitation and capital values of prime apartments and houses suited to foreign buyers.

Gibraltar certainly seems to be following the apparent boom in commercial property development currently being experienced in the UK. Deloitte’s Crane Survey reported that last year of@ice construction was at a seven year high in central London, with over 11 million square feet of Grade A of@ice space due for completion in the next two years. A further update in January 2016 reported that Leeds and Birmingham were also displaying similar con@idence and momentum in this sector.

The report found that Gibraltar beat not only its European competitors but also the Caribbean and Asia to the top spot.

Coming a close second was the Bahamas and in third place were the Cayman Islands. It could further be argued that neither of these represent signi@icant competition as investors wanting to be based in Europe are unlikely to consider investment on the other side of the pond and vice versa.

The same could be said for Gibraltar, with the latest and largest property developments currently under construction boasting a combined 27,000 m2 of premium of@ice.

Another trend being successfully replicated in Gibraltar is that of incorporating premium corporate space within mixed use developments. Although currently en vogue, these developments are predominantly successful because they incorporate the same key elements of walkable proximity that

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have held together vibrant urban communities for centuries.

Midtown is a prime example of such a development here in Gibraltar.

The reasoning behind the seemingly stateside theme to the project that spans 4.3 acres in the heart of Gibraltar is quite interesting, as a spokesperson for Midtown explains “The name Midtown evolved quite naturally due to it’s central location when redevelopment of this site was @irst mooted a number of years back, and of course there follows a logical association to the original Midtown in the U.S” Perhaps not surprisingly, midtown Manhattan also happens to be Americas greatest commercial, entertainment and media district and houses the country’s largest business community.

“In giving Midtown (Gibraltar) a full identity, we wanted to move away from the usual well-worn military and marine references, and re@lect on something of where we are now and our next evolution as a country and a community.

The New England towns that the various areas of the development are named after, not only make for great sounding addresses, but also hold a deeper meaning. There is a strong synergy between the early founding fathers and the people of Gibraltar at this point in time. The pilgrims were bold, entrepreneurial individuals that sought freedom and independence and we too are a frontier community with a people determined to forge their own destiny and secure freedom of choice” From the detailed CGI’s it is clear to see that Midtown has been skilfully designed to provide a contemporary and sustainable hub of residential, commercial and corporate buildings with a strong emphasis on providing green spaces for comfortable living and the whole community. Recent

studies by the University of Exeter show that living near parks and gardens in cities or towns actually boosts mental well-being and that these positive bene@its are signi@icantly long lasting. Midtown’s spokesperson expanded on this ‘green focus’ as being one of the key objectives in the process; “When space is at a premium in a place such as Gibraltar, developers can be tempted to try to maximise every scrap of @inancial potential and as a result they inevitably sacri@ice some of the things that deliver quality of life. With Midtown, a great deal of care and generosity has been shown in the design of each apartment, balcony, terrace, lobby & courtyard as well as the gardens and park, all with the objective of creating a really desirable place to live and work long term.

Equally, the areas that are to be used for corporate of@ices and commercial outlets have had the same amount of forward vision applied in terms of creating productive working spaces, high speci@ication @inishes and increasingly important state of the art security features. Once complete, the development will be an asset to Gibraltar for many generations to come.”

The Midtown development includes 120 luxury residences, extensive ground @loor commercial space and 3 premium of@ice buildings and in addition to this, there will be 2 courtyards, a private gardens, a roof top pool and a public park. With construction taking place over 3 phases it is expected that the entire project will be completed by the end of 2018.

Naomi Quigley Brand & Marketing Consultant, Midtown Development.

20043511

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