Architecture: Profession in Flux by Matthew Shanley

architecture: profession in flux

matthew shanley

Matthew Shanley 08122739

architecture: profession in flux

A reflective essay considering the history and future of architectural production, relationships within the industry and the diverging course of architectural careers.

Submitted to the Manchester School of Architecture for the Professional Studies course as part of the degree of Masters of Architecture (MArch) 2nd February 2015

Profession in Flux

Matthew Shanley

Contents Introduction

No, sir; I am not a builder; I am an architect

Conflicted Industry

Disassociated Professions

Thatcher - Loved and Loathed in Equal Measure

A Stagnated Education System

All about that BIM…?

Copy-Me-Not

Value in Production

Architecture. Free For All

The Architect as … Designer, Educator, Activist, Policymaker, Manufacturer …

Notes and References

Bibliography

List of Figures

Profession in Flux

Matthew Shanley

Introduction

I’m excited that this generation use collaborative design and they find complex and evolving meaning in architecture…it expresses so much about the society that builds it. The Future of Architecture, Eddie Blake, Vice.

Exploring the future potential of those with architectural training, this essay will explore a number of themes that have shaped the past, present and future of the ‘architect’ within and outside of the profession. Initially the focus is on the origins of the architect, and later architecture as a sole profession, diverging away from the builder and the construction process, and how this has influenced the perceptions of the architect today. Exploring developments in industry relationships, education and policy through the 20th century, the discussion will point to key figures, moments and changes that have shaped future progression. A comparison will then be made between the Intellectual Property, and the development of technological opensource typologies, reflecting on their current and future potential. Seeking to draw these points together the final chapter will speculate at how the architect of the future might practice, considering a number of current approaches and examples that are rooted in innovative and participatory design processes. So the question is, where do we go from here? Are we resolved to the fact that those looking to build a career in the field, newly qualified architects and those currently undergoing architectural training are being pushed into an outdated and soon to be irrelevant occupation? What is the future of the individual and the collective involved within the development of architecture? This essay will explore these questions and a number of others, assessing and ascertaining the potential for changes in the way architects contribute to the built environment, current relationships between the professions in construction and the diverging routes in utilising the skills and knowledge of the architecturally trained.

Profession in Flux

Matthew Shanley

No, sir; I am not a builder; I am an architect Although the profession of architecture is a relatively modern concept, the term ‘architect’ has been recognised for many centuries. Vitruvius Pollio is often cited as the first identifiable ‘architect’, but this is more retrospectively rather than an officially. It was however, during the late 16th Century, predominately in Italy, where architects started to become distinguishable from artisans, masons and craftsman, Andrea Palladio being the most well-known and regarded. The term ‘architect’ can be seen as the master builder, or deriving from Greek arkhitekton, or chief (arkhi) builder (tekton)1. However, is this definition as relevant today as it was when architects were first identifiable? Most practising architects today have little or no practical applied building techniques, and it is certainly not a taught element of architectural courses in the U.K. Is the definition of arkhitekton not therefore more appropriate in describing the person who is head of the contracting team? They are of course the ‘master’ of the builders. John Soane develops and furthers the definition of the architect with his uncompromising description of their duties. He describes these as, making “the designs and estimates, to direct the works, and to measure and value the different parts; he is the intermediary between the employer, whose honour and interest he is to study, and the mechanic, whose rights he is to defend.”2 He also goes further to emphasise it is a position of great trust; “responsible for mistakes, negligences, and ignorance of those he employs”3. First published in 1788 Soane’s comments were a little at odds with the relationship between the architect and the ‘mechanic’ or builder of the time, where there was a blurring of the identifiable roles, particularly from those outside of the industry. ‘You are a builder, I believe?’ ‘No, sir; I am not a builder; I am an architect’ ‘Ah well, builder or architect, architect or builder – they are pretty much the same, I suppose?’ ‘I beg your pardon; they are totally different.’ ‘Oh, indeed! Perhaps you will state wherein this difference consists.’ ‘An architect, sir, conceives the design, prepares the plan, draws out the specification – in short, supplies the mind. The builder is merely the machine; the architect the power that pits the machine together and sets it going.’ ‘Oh, very well, Mr Architect, that will do. A very ingenious distinction with a difference. Do you happen to know who was the architect of the Tower of Babel?’ ‘There was no architect, sir. Hence the confusion.’4 Barrister Sir James Scarlett (1st Baron Abinger) reportedly interrogating Daniel Asher Alexander in the case Chapman, Gardiner and Upward v. De Tastet (1817)

The distain for which Alexander, the architect being interrogated above, has at being confused for a builder is representative of the time, where the profession was trying to find a footing and its own mantle to stand upon. It highlights the conflict between the architect wanting to clearly define his role as more complex and detailed; an enabler for which the builder worked 4

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for, and the perception of the architect in Georgian society. In 1834 the Institute of British Architects was formed giving architectural practitioners a distinguishable and heightened role in the building industry, marking a divorce between Architecture and Building that has been only furthered by subsequent practice. It also reflects the pursuit of an elevated social status of the architect, “as henceforth he would rank as a gentleman, scholar and an artist, clearly distinguishable from the ‘mechanic’ who called himself a builder.”5 Critically speaking, this pursuit of a heightened status is the most significant and detrimental factor that has affected the industry and still exists today, particularly when considering the cultural and societal perceptions of the architect and the profession and its portrayal in the media. Furthermore, it is reflective of how “Architects seem to live in a world of their own ... their working environment has been highly specialized; and they have developed a number of private languages for the discussion of building quality”6, removed from the realism and the front line of the building process. It would be unfounded to suggest that the modern architect considers the builder as “merely the machine” as quoted by the architect Alexander in the case above, but it does frame the critique particularly from the modern building contractor that the desires of the architect are often intangible. The cartoon by Louis Hellman shown in Fig. 1 humorously exemplifies this relationship between the architect and builder, with what presumably is a construction or project manager having to act as translator. Today’s portrayal of the so coined ‘Starchitects’ culture in the media adds to the status and societal perceptions of the architect, and has perpetuated a myth of the individual genius that conceives, designs, manages and seemingly conjures a building from the end of a magic wand! The referral to a new building as Foster’s Gherkin, Hadid’s Aquatic Centre or Piano’s Shard, negates the true picture, when effectively it’s an entire team and a lengthy and complicated process (Fig. 2). Daisy Froud, former spatial strategist and head of participation at AOC (Agents for Change) points to the detrimental nature in seeing architecture as produced in isolation; it “perpetuates a myth that architecture is something ‘done’ by creative individuals, with buildings heroically designed by a single great thinker.”7 This is not entirely the medias fault however, as some of these household names are in the business of effective self-promotion, and to an extent this has yielded lucrative results and notoriety for the names concerned worldwide, creating jobs and effectively, driving the economy. Reflecting upon this continued shift in the profession, media perceptions and the architects dislocation from the construction process, is it time to worry less about societal status and hierarchy in the building project, and time to collaborate more effectively? This could be achieved through a better understanding of each other’s roles, clearer and more defined communication paths and placing the client and users in a more empowered and knowledgeable position. This will seek to promote positive economic, cultural and societal prosperity through the means of a more considered and contextually designed built environment; in short, build faster, build cheaper and build better quality. The following chapter will explore further the issues that face the industry and its associated professions.

Profession in Flux

Matthew Shanley

Fig. 1. Louis Hellman cartoon illustrating the cultural, social and educational voids between architect and builder, Architects' Journal, 19 April 1972

Fig. 2. â&#x20AC;&#x2DC;Starchitectsâ&#x20AC;&#x2122; - Architecture as Crown, project Paul Tuller.

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Conflicted Industry The question in the opening chapter, relating to the historic definition of the architect, and the provocative suggestion as a more apt description of the lead contractor, really equates to the shift in the profession and the division of what were traditionally seen as ‘architectural’ services. These services have been divided up amongst a seemingly ever increasing list of project consultants. This separation between the architect and builder or contractor has been discussed, but there is also the quantity surveyor (QS) concerned with the sums, the structural engineer, the mechanical and electrical engineers, the planner, the interior designer, the landscape architect and the often “dreaded project manager”. This is reflected in the various types of procurement systems that exist, moving away from the Traditional where the architect retains responsibility and control of the project, to Design and Build where the contractor takes on greater responsibility, and the utilising of various other systems for Design and Manage, Management Contracting, and many more newly emerging systems. The definition of an architect seems to be waning in relevance; with the profession responding to an ever-changing industry in which it has become, arguably less relevant and with reduced levels of influence. Some architects feel they have become isolated to the extent, that for many the architectural profession no longer sees itself as part of the industry.8 The title of ‘Architect’ is however, still protected under statutory regulation, upheld by the Architects Registration Board (ARB), with those not fully qualified and chartered unable to use the name. As recently as November 2014 the Government decided to maintain this, and this was welcomed by the industry and the Royal Institute of British Architects (RIBA). It seems the industry is keen to retain tight protection of the title even if for many it has become somewhat irrelevant. Considering the context of our Germanic cousins, the architect operates almost entirely in what we in the UK would deem a traditional way, and where there has holistically been a distinction between the Technical Architect and the Design Architect, often specialising at an early stage in their respective careers. One of the key differences with the UK is the way German architects have themselves as an agent of the client for the entirety of the project. Typically, aside from the Design Documentation, they will take on most tasks of the project realisation such as Construction Management, Cost Controlling, Tender and Bidding, which often in the UK (and also the US) when considering the range of procurement routes, is designated to external specialists such as the QS and construction manager. In contrast to the UK context, maintaining this breadth of responsibility has allowed German architects to retain their hierarchy in the building project and their respected status within and beyond the industry. However, with this additional level of involvement and protection, comes additional levels of regulation and obligation, described by German-born architect Bernhard Blaue as a system that means architects are “so regulated it’s a bit of a straightjacket.”9 As the architect takes total responsibility for design and construction, insurance reflects this, with Private Indemnity Insurance (PII) far more costly that the UK.

Disassociated Professions It would hardly be a revelation for this essay to point out that today still exists a level of conflict and, to an extent, confrontational attitudes within the construction industry. Efforts to address this issue have been suggested, and from the middle of the 20th Century much has been discussed on whether there should be a common level of education and training 7

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as a basis for the building professions, one which promotes collaboration. An important contribution to this dialogue was the work of the Banwell Committee, and its subsequent report on 1964, which stated that; “the relationship between those responsible for design and those who actually build must be improved through common education”.10 The main concern is in conflict avoidance, which inevitably benefits the client, who as a result of disagreements has casually suffered with the project’s cost escalating, overrunning and failing to meet quality standards.11 Following the Banwell report, and other subsequent reports, efforts were made to close this gap; including some notable examples such as the departments of architecture and building at Brixton School of Building (now part of London South Bank University), who acknowledged the need to engage the two disciplines. They instigated a project titled ‘Design Cost and Build’ in 1971, where final year architectural and building students would collaborate in ways that were often unfamiliar.12 This was a rare example of ‘integrated teaching’ and persisted at South Bank into the 90’s and is, in part, still present today with variations of subjects from Architecture BA, Architectural Technology BSc, Construction BSc, Construction Management BSc, and a range of engineering courses at the present University.13 Today, within the higher education establishments, there still exists a marked division of the former poly-technic and arts school based courses approach, reflective of their former foundations, one more construction and practically minded, and the other more design and creatively minded. Another important factor that perpetuates conflict and is less well assessed, is the dismissive culture suggested to exist within educational training. Speaking in an article in Building, Architect Max Hutchinson, former president of the RIBA, states that “the conflict culture starts in the lecture room, at the seminar or in the studio. The bug is spread at the very inception of the construction industry’s skill base”14. It would be quite a stretch to suggest all students are being too heavily influenced by the stereotypes and theoretical positioning of tutors and professors, but if this has and is still the case in certain instances, it is surely only fuelling the fire. Beyond this dislocation between architect and builder and the existence of a conflict culture, there is also the chronic ailment that is poor communication. This exists in multifaceted ways within realms of education and industry, but is particularly evident amongst the various parties to the construction contract, whether it be Traditional, Design and Build, Management Contracting, PFI and so on. It is the client again here who ultimately suffers.

Thatcher - Loved and Loathed in Equal Measure In 1979 Margaret Thatcher and her conservative government came into power and introduced a wave of policies, that amongst other things, caused privatisation in the industry. Her influence within the architectural profession has strongly divided opinion, just as her role in British politics has, and always will. Thatcher was predominantly unpopular with architects, but she gave more time to the profession than any prior or subsequent Prime Minister (Fig. 3).15 An important shift that took place in the UK during the 1980s was architecture practices that were once part of the public sector - local authorities and health services - were closed or privatised; absorbed by private firms, planning and engineering companies.16 A lasting impact was felt on the housing market, with fewer publicly funded housing schemes being commissioned, ending an era of social housing design. The introduction of ‘Right to Buy’, allowed council tenants to purchase their own properties, effectively removing thousands of homes from the social housing system. The number of architects employed in the public sector 8

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drastically fell from 63% in the mid-1980’s, to around 11% today.17 This had a lasting impact on the industry and today over 70% of qualified architects are employed in practices, creating some of the world’s largest and well regarded architecture practices. The field of architecture and its practitioners are some of the UK’s most well regarded exports, providing services to many parts of the developing world. However, a subsequent consequence has been a lack of architects and designers being employed in local authorities, with many arguing it has reached a critical level. Less than 50% of top tier local authorities, those undertaking a great deal of architectural advice and work, employ a chief architect, and less than a third employ architects as architects. Speaking in the House of Lords in July 2014 Lord Tyler, former director of public affairs at the RIBA in the early 1970s, questioned whether local authorities “that have no architectural expertise at a senior officer level…should be allowed to exercise the full range of plan-making and development control responsibilities.”18 An example where a local authority has curbed the flow of architectural and design talent to the private sector, is Croydon Council, and it’s Spatial Planning Service & Placemaking Team (Fig. 4). Singled out within the Farrell Review (2014)19 as an exemplar of taking a proactive approach to address design and planning, Croydon has been able to help stimulate and enable economic and social activity, whilst maintaining a concept of place. 20 Speaking at the Civics Symposium hosted at the Manchester School of Architecture (MSA), Finn Williams former Deputy Team Leader of Place Making at Croydon Council, spoke of his and the departments role in being part of the design and master planning of the entirety of Croydon. 21 As a department they are engaged in a collaborative and locally driven way, rather than simply reacting to the work of others, they have responded during the downturn in the industry with a pragmatic and comprehensive planning framework that puts them in a strong position to implement their vision for the future of the borough.22 The Placemaking team has won a number of awards from built environment institutions and has been involved in projects to include; the Connected Croydon masterplan and blog, Meanwhile Use toolkit that utilises redundant or empty space; and Croydon Schools, working with a host of leading design and construction professionals from the likes of Allford Hall Monaghan Morris to Hawkins Brown. The current head of the Placemaking Team, Chloe Phelps, has just been shortlisted for the 2015 Emerging Woman Architect of the Year Award, showing the continued recognition of the departments’ forward-thinking work.23

A Stagnated Education System During Part I and Part II jobs in industry, architecture students experience a closer association with some of the more practical elements of construction, depending of course on the particular placement. In many ways this could be seen as an appropriate level that compliments the construction training within education, including model-making, and opportunities for life-project application. However, is this not just a drop in the ocean of what students should be learning, particularly when you consider the length and escalating costs of architectural courses in the UK. The 3-step approach in the UK, similarly structured in many other countries, is comprised of five years of University study, sandwiched with a minimum of two years of appropriate industry experience, and the final Part III examinations, has arguably become outdated. This model emerged from the RIBA Conference on Architectural Education in 1958, and for many such as Oliver Wainwright it “has been allowed to stagnate in the UK as a hermetic, inward-looking pursuit for more than 50 years”, also criticising the ‘Visual’ driven conceptualism and “fantasy realms” explored in many of the graduating students projects. 24 For those students now on the £9,000+ fees, 9

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Fig. 3. Zaha Hadid explains her competition-winning proposal for The Peak in Hong Kong to Margaret Thatcher , 1984

Fig. 4. Planning and Placemaking Team at Croydon Council 2009, AJ Feature.

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when you factor in an already expensive course and living expenses loans, students can expect debts of £100,000+, a monumental sum when you consider half of architects in the UK were said to earn less than £32,000 in 2012-2013, some earning is little as £15,000.25 A continual debate exists regarding the direction of architectural training and how it can face up to reality of a shifting profession in practically preparing students to address the realities of society. An interesting experience can be noted of a former graduate from the University of Kent, who went on to work for three days a week in an architecture office, and two days on-site constructing design projects produced within the office during their Part I placement. This level of hands-on experience may be to the dismay of many students studying today, but arguably a closer relationship with the construction team and understanding of building practices can only help to remove the stereotypes engendered during education, and furthered in practice, to aid construction efficiency. Whether this level of engagement with construction techniques is an appropriate step is not something this study will delve deeper into, but it does add to the dialogue for the future of architecture and built environment education. Further to the argument for a common basis to education discussed previously, are the suggestions in the Farrell Review. Reflecting on the two opposing tendencies within the industry, one for more diversified career paths and the other for greater specialisation, there is a call for a ‘common foundation year’ for those entering the built environment professions. This would encompass a basis of joined up thinking and inter-disciplinary practice, subsequently leading to more specified education pathway (Fig. 5). Beyond this the review proposes a detailed and far reaching set of recommendations; with many of the practical suggestions welcomed by the majority, there has also been a sense of trepidation from many. Director of Urban Design London, Esther Kurland, describes the review as being full of “Lots of sensible ideas” but that “we will have to see how many are taken up and implemented.”26 Reflecting on the current structure of architectural training the review states; “The seven-year, three-part, ‘one size fits all’ training is no longer appropriate and risks institutionalising students at a time when we need them to interact better with a rapidly changing world.”27 The review recognises that the current system is narrow and restrictive, not allowing for many to access a profession which has placed itself upon a lofty pedestal. Taken from the review, Fig. 6 shows the proposed diversifying of training routes, encompassing a range of courses that help reduce discrimination against wealth, age and gender. It also calls for a thorough level of engagement between designers and planners, and the communities they are working and designing for in understanding their complex needs, and that should begin whilst studying. This is seen as part of a wider dialogue in education and the profession to consider greater levels of engagement and participation in driving the development of local, networked and resilient built environments. Writing in her 1961 published book, The Death and Life of Great American Cities, the American theorist Jane Jacobs in many ways propositioned architects to work more inclusively, stating that “cities have the capability of providing something for everybody, only because, and only when, they are created by everybody.”28 During this time the profession and the system in which it operated may not have been ready to embrace Jacobs’s suggestion, but now, in light of the social, cultural and technological advancements of the 21st are we now ready to truly take the leap?

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Fig. 5. Common foundation for built environment education, Farrell Review.

Fig. 6. Diversifying the routes of architectural training, Farrell Review. 12

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All about that BIM…? For students coming to the end of their formal architecture education it would seem we are told on almost a daily basis of the affects that Building Information Modelling (BIM) is having and will have on the production of building design, specifications and documentation, the construction process and facilities management (post-occupancy assessments). It’s here, it’s been here for a while, and it’s definitely here to stay. Of course this is all true, but begs the question then that why is BIM not being formally taught in architecture schools if it is an essential tool for future practice? The author of this essay has never had any formal training on the use of BIM or used it in university or practice, but when entering the job market in less than six months is expected to be proficient. This also raises the wider debate about whether universities should be teaching software as a specific element of the architecture course or whether this is something students are expected to negotiate and learn for themselves. Beyond the much discussed effects of BIM, there are a number of other factors, sometimes referred to as ‘disruptors’ by the likes of Cliff Moser, that are changing the face of the profession. His thoughts about the shifting nature of the direction and practice of architecture, discussed in his book Architecture 3.0, highlights how the decline in the need for built solutions and the need for the skills sets and thinking of architects outside the built environment, is an opportunity to be taken advantage of.29 Moser’s optimistic outlook and, the roadmap and toolkit provided in the book point the way to embrace change through collaborative means, taking advantage of opportunities that arise. The impact of this shift in new material technologies and processes, but also law and regulation, brings up the question of the diverging routes of the profession: continued specialisation beyond traditional practice or a renewed integration in the construction industry.

Copy-Me-Not The historical production of architecture has found itself looking to the past to find inspiration for the future. Sam Jacob of FAT (Fashion Architecture Taste) discussing the practices Museum of Copying exhibited at last year's Venice Biennale comments that "Architecture's whole history is full of people copying each other.”30 The ‘Museum’ featured a re-make of Palladio's Villa Rotunda in spray-foam and plaster (Fig. 7) and the Book of Copies book contributed by San Rocco, comprised a collection of volumes prepared by designers who had assembled photocopies relating to a thematic building typology. Throughout architectural history the Palladian Rotunda has been replicated and seen as a source of direct inspiration on countless occasions: "It used to be thought of as a good thing. Copying antiquity is what you were supposed to do, and new things emerged."31 Today the complexities around copyright and Intellectual Property (IP), exemplified by the copy-cat philosophy displayed in China, has altered the nature of this debate around the ownership of design and the right to copy. In the UK copyright is protected under Copyright, Designs and Patents Act 1988, as well as recent Enterprise and Regulatory Reform Bill (2013). Further to this Intellectual Property Act 2014 came into force last year, giving further protection to architects regarding registered and unregistered designs. Previously the commissioner was the owner of the unregistered design, but from the 1st October 2014 the creator of the design will be owner, in line with the current law for registered designs.32 Speaking with 13

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Fig. 7. The Villa Rotunda Redux, The Museum of Copying at the 13th Venice Architecture Biennale, FAT.

Fig. 8. Copy-paste culture: Left: Meiquan 22nd Century building in Chonqing, Right: Meiquan 22nd Century building in Chonqing, Zaha Hadid Architects.

Fig. 9. Progression of design knowledge. FLW-to- Foster-to-Hadid. 14

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an associate at Reynolds Porter Chamberlain (RPC), there are a number of high-profile cases regarding Intellectual Property and insurance in the UK that are currently in litigation33, reflecting the contention around copyright and the heightened desire to protect and maintain design ownership. A number of well documented cases surrounding Intellectual Property and copyright have been seen in the media, including the entire Austrian town of Hallstatt, painstakingly replicated in Huizhou city China, but none more-so than the case regarding the Meiquan 22nd Century building in Chonqing. Completed in 2014, by Zaha Hadid Architects it has a striking similarity to the Meiquan 22nd Century building in Chonqing (Fig. 8). The claim is that the design has been replicated by ‘pirate architects’, reflecting the issues in China and its attitude towards Intellectual Property, and the pervasive piracy in counterfeit manufacturing. China does have Intellectual Property legislation to protect copyright infringement, but it seems the enforcement of these laws is somewhat sporadic. 34 Satoshi Ohashi, project director at Zaha Hadid Architects for the SOHO complex stated that "It is possible that the Chongqing pirates got hold of some digital files or renderings of the project."35 A press release from Chongqing Meiquan Properties Ltd stated that the intention was they “never meant to copy, only want to surpass”36, claiming that the design was inspired by cobblestones on the bank of the Yangtze River. For many this represents the copy-paste culture evident in the production of architecture. The Soho Complex is itself stated as being similar to the practices 2012 completed Galaxy Soho, also in Beijing, which was claimed to be inspired by the leaning egg shaped Foster and Partners London City Hall, 2002 (clearly inspiration for the later Swiss Re – Gherkin) itself demonstrating a decided link to the Frank Lloyd Wright Guggenheim Museum of 1959, in New York (Fig. 9). This creates a chain of inspiration not easily discernible into what level of detail and to what extent. What must also be mentioned is that due to the nature of the design process, through computer code in creating parametric architecture, there is greater tendency for copying to occur. The often marvelled parametric approach was seen to allow for radical new shapes and “liberate architecture from Modernism’s monotony”37, but due to the ability for amateurs to design through the use of this 3d software, just like the professionals, designs are prone to look alike. This is hardly dispelling the so called monotony of Modernism. Nothing further was reported on legal action regarding the case so we can only speculate on the outcome, but both buildings are now complete in what was a race against each other to finish first.

Value in Production The copy-paste culture demonstrated in China can be seen to dismiss the productive process that has embedded within it the architectural knowledge and skill of the designer, something which is often under-valued. The Architect does have legal ‘ownership’ over the original production of that design through the design process, drawings, models, but following the completion it is the commissioner who retains the right. Is his essay on Translation from Drawings to Buildings Robin Evans emphasises the role architects having in translating the imagination of the users, bringing something from the mind to reality, hence proving the recognition of the drawing's power as a medium in the process of architecture.38 The current system of thinking on the value of designs and it’s relation to Intellectual Property, may reduce the embodied labour of that production to simple representations.39 In the book Mutations Dutch Architect Rem Koolhaas discusses how the rapid expansion of Chinese cities has led to a new breed of ‘architects’ who are Photoshop designers: "Photoshop allows us to make collages 15

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of photographs - (and) this is the essence of (China's) architectural and urban production…Design today becomes as easy as Photoshop, even on the scale of a city."40 Somewhat ironically, a case was bought against Koolhaas and his practice OMA for the Rotterdam Kunsthal for a copyright dispute with the design for student project design for the Docklands Town Hall by the architect Gareth Pearce, who unsuccessfully interviewed for a job at the practice. The design infringement case ‘Pearce v Koolhaas’ was judged against architect Gareth Pearce in November 2001, with the judge remarking that the claims were “pure and preposterous fantasy”41. However, three expert witnesses all separately concluded that some copying had occurred, evidenced by a large number of graphic similarities. The case brings to light the difficulty in determining the extent to which and how someone’s Intellectual Property has been infringed upon, particularly in a pragmatic and evidenced legal system. The examples discussed draw our attention to what seems a fine line between taking influence from what exists and blatant plagiarism, relative to copyright and Intellectual Property legislation, seemingly differing greatly depending on the geography and culture of where it takes place. This is in part represented by the attitude of some in the profession, and the media, that design is unique and solely driven as an original, self-conceived idea, which clearly it’s not. On the other hand, without criticising the attempts to ‘steal’ and regurgitate design we face the consequence of architectural production as being undervalued. Considering that educational training and practice based design development utilises precedents on a routine basis, when can design ever not be inspired by what pre-exists. However, it may become essential for architects to clearly demonstrate that there is a distinction between developed inspiration and when intellectual property has been infringed upon, so as to protect themselves from future legal action. Hadid adds her own thoughts, summarising the issue: “it is fine to take from the same well – but not from the same bucket.”42

Architecture. Free For All Changes in the way design is produced and is available for use also questions the value of design knowledge and skill. The potential for new ways of thinking about contributing to design, material use and emerging technologies are at the forefront of future ways of practicing. If architects and the profession don’t utilise and embrace these types of approaches, as suggested by Moser and the likes of Richard Saxon, then they may be left behind and further marginalised beyond the industry. Architects need to face the reality that there is less need for them within a traditional role but the possibility as designers in a wider sphere, activists and enablers, all framed by the potential for innovation. An article entitled Game Over for Architects? supports this, claiming that without embracing constantly developing networked technologies architecture may lose out to big data and computer algorithms, the things that are driving urban planning and design processes.43 In contrast to the previous section that looked at the issues surrounding the restriction of design use through copyright, and the challenge of maintaining originality with the use of parametric design tools, the development of 3d printing, open-source and kit-of-parts typologies formulates an alternative route in producing solutions available to the masses. Questions surrounding this approach can encompass the value of producing open-source design as possibly undermining the potential for original innovation, but on the other hand could make the profession more viable. A number of practices in collaboration 16

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with structural engineers, product designers, and a host of other specialists are pursuing the development of design solutions that are simple and easily accessible. The open-source WikiHouse building systems project is a prime example of this. Created and developed by the London based design and strategy practice 00:/, a commons of downloadable and ‘printable’ CNC-milled plywood components can be designed and assembled into a basic house framework by almost anyone, with little formal skill required (Fig. 10). At its outset architect and co-founder Alistair Parvin saw the project potential as freeing us from the present industrial economy, where design takes place in the west, but it manufactured in the developing economies. Its success and uptake has demonstrated how the mastering of material-based processes and can afford ingenious architectural fabrication. The ability for it to be utilised by the masses rather than the few can be seen as democratising the construction industry, which as we know is often closed-guarded and restrictive in its present state: “If the factory is everywhere, the design team is everyone, one size no longer fits all. It gives us the opportunity to do for design what Linux does for software, to open it up.”44 Beyond addressing housing the kit-of-parts design and construction methods can aid in disaster relief, provide temporary pavilions, exhibition spaces, and ultimately address any built solution in the parameters of the construction framework (Fig. 11). Whether future, larger scale development will be take place is yet to be seen, but with the ability of simpler, cheaper and faster construction, the uptake seems far-reaching. Another exciting example is the London based practice, Tokin Liu have developed a new pre-fabricated structural principle known as Shell Lace Structure. In collaboration with engineers from Arup, Mike Tonkin and Anna Liu have been involved in a six year practice based research project that has looked towards efficient shell forms, tailoring techniques and the use of digital scripting tools, that has led to the invention of a single-surface structure technique comprised of thin, laser cut metal sheets. The authors describes the outcome of the process as a celebration of “lightness, strength and economy.”45 The project is RIBA backed through a funding grant and has been developed through a number of experiments and competition entries including; utilisation of the efficiency and strength of the structure for disaster relief shelters; and the winning entry for the Meadows Bridge in Salford, currently being developed. These type of approaches to design and construction are changing the potential for how we practice, facilitating a design of parts or a refined object, similar to the process of good quality mass production. It constitutes a shift in the production of the built environment and the building, from construction to manufacturing; robotics and technical fabricators rather than builders; white coats, rather than yellow vests. This is not seeking to shrink or diminish the construction workers role, but shift it in-house. As well as improving efficiency and quality control it has the potential to address issues with health and safety and the potential damaging effects to the individual, related to long-term on-site labour.

Profession in Flux

Matthew Shanley

Fig. 10. WikiHouse original construction method, 00://.

Fig. 11. WikiHouse/NZ constructing in the lab.

Fig. 12. Left: Camilla sticking an advert to an originally planned metro stop. Right: The Metro being constructed in 2010.

Profession in Flux

Matthew Shanley

The Architect as … Designer, Educator, Activist, Policymaker, Manufacturer … The purpose of this reflective essay was never to come to any singular bold conclusions with regard to the future for architects, the profession and the construction industry as a whole, but to create a discursive insight into the future potential within and beyond the build environment. In relation to this a number of threads run through the continuous commentary and include; current social perceptions and questioning the definition of the architect; marginalisation of architects from the industry; conflicted relationships between the construction professions; the need for diversification and widening of education paths, collaborative and inclusive approaches to design and engaging effectively with the user; planning departments to drive innovation and placemaking from within, issues surrounding design ownership, and authority and the prevalent need to embrace and master emerging technologies to drive spatial and built environment innovation. Of course this is a seemingly complex and contentious environment to drive change and a daunting task, particularly for those about to enter the profession. Highlighted by a number of examples such as the forward-thinking of planning and placemaking at Croydon council, the sensible recommendations by the Farrell Review to include broadening built environment education, and the development of open-source design by 00:// and Tonkin Liu, this shift towards a greater social rhetoric, that embraces technology and ingenuity in design, is already well underway. The wider context on the diverging routes and the potential for designers beyond standard practice, has been brought together by Rory Hyde’s Future Practice: Conversations from the Edge of Architecture book, who also spoke at the Civics Symposium at the MSA. Hyde interviews a number of practitioners from the broader field, who each discuss differing opportunities for those architecturally trained to apply their conceptual and practical knowledge and skills, to what each interviewee is essentially suggesting of improving the conditions in which people live. Discussions include; ‘The Civic Entrepreneur’ with Indy Johar, 00:/, where he states there has been a “shift from the command-control approach of the industrial age to distributed, shared, intelligent and networked ecosystems of the information age”46, ‘The Educator of Excess’ with Luke Young, Unknown Fields, where Rory asks Luke about his comment: “‘architects’ skills are wasted on buildings’. On the one hand it’s ridiculous – what else did I study for all those years?”47 and ‘The Urban Activist’ with Camila Bustamante. Although Bustamante doesn’t see herself as an activist in the placard bearing, chaining-herself-to-tress sense, her small and tactical public interventions in her hometown of Lima, have shown huge results. Placing posters and stickers along a never to be finished Metro link with dates for its proposed opening, “2247: Better late than never, the train is coming!”48 As a result of the campaign and public outcry the President reinstated the project and a line of the Metro has been built, showing how activism can inspire policymaking and action from government (Fig. 12). Design activism, as discussed by Ann Thorpe in Architecture and Design versus Consumerism, also has the potential to play a role in highlighting issues related to excessive consumption.49 Orientating the design process towards participatory methods has the ability to not only help curb waste, energy use, and overall consumption but to be aware of societal habits as these will ultimately affect the way the technological or passive design systems address the environmental concerns. The reduction in the need for architectural services by up to 40% following the recession of 2008, ignited a reassessment in what it is that architecture and its practitioners are seeking to achieve in their contributions to the field.50 A number of practices 19

Profession in Flux

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following in the footsteps of 00:// (set up in 2005), have brought a fresh approach to include participatory methods at the forefront of design production, including AOC, Assemble, Studio Weave, Muf and FAT. This new generation of practice has decided to not use a ‘traditional’ name as they see themselves as the antithesis of the dominant, and the self-named practices of Fosters and Partners, Zaha Hadid Architects, Eisenman Architects, Grimshaw Architects and so on. Further to Froud’s earlier point, who although respects the name-brand ‘starchitects’, rejects the notion of sole practitioner, responsible for the entirety of the design when “what is nearer the truth, [is] that they haphazardly evolve, through a bunch of decisions and compromises and the influence of multiple voices and hands.”51 She again highlights the inherent participatory nature of architectural production. User-focused design methods are not of course a new undertaking. The pioneering methodology of Belgian architect Lucien Kroll, demonstrated in the process of workshops and consultation for the Maison Médical (MéMé) student accommodation at the University of Louvain in the 1970s, created a collaborative exchange with the users in the design of the building. Architects must stimulate participation by stepping out of their comfort zones and step into the shoes of residents. Focussing on participation, Giancarlo De Carlo states, architectural exclusivity must be diminished, with “an action open to new necessities and to decisions that are always provisional and incomplete.”52 The ‘architect’ of tomorrow, if that will be their name, has a role that is driven by their individual hopes and agenda, but is far-reaching in potential if they exploit the vast array of skills they acquired during training. Amongst other things, they will be required to; combine data analysis from both ‘smart’ and participatory means; keep up with continual software, material, and technological development; be a shrewd business person; and leverage design with socially enabling qualities. If this is to happen, then the profession needs to shake off its pursuit of notoriety in the industry’s pecking order and accept that the ‘architect’ has never had, and never should have, a fixed and restrictive description. There is a unique opportunity here to emerge as and re-imagine another facet to the role of ‘architect’, embedded with promoting positive societal change, through the means of collaborative, functional, and of course beautiful design.

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Matthew Shanley

Notes and References

Chappell, D. and Willis, A. (2010). The architect in practice. Oxford: Wiley-Blackwell, p. 8. Arnold, D. (2002). Reading architectural history. London: Routledge, p. 62. 3 Curl, J. (2006). A dictionary of architecture and landscape architecture. Oxford [England]: Oxford University Press, p. 40. 4 Arnold, D. ref.2, p. 61. Originally reported in Annals of the Fine Arts iii, 1818, pp. 560-65. 5 Arnold, D. ref.2, p. 62. 6 Symes, M., Eley, J. and Seidel, A. (1995). Architects and their practices. Oxford: Butterworth Architecture, p. ? 7 Blake, E. (2013). The Future of Architecture | VICE | United Kingdom. [online] VICE. Available at: http://www.vice.com/en_uk/read/the-future-of-architecture [Accessed 30 Jan. 2015]. 8 Building Futures, RIBA, (2011). The Future For Architects?. [online] Available at: http://www.buildingfutures.org.uk/assets/downloads/The_Future_for_Architects_Full_Report_2.pdf [Accessed 26 Jan. 2015]. 9 Brindley, R. (2013). Is the grass greener in Germany?. [online] Building Design. Available at: http://www.bdonline.co.uk/is-the-grassgreener-in-germany?/5056843.article [Accessed 28 Jan. 2015]. 10 Fenn, P. and Gameson, R. (2003). Construction conflict management and resolution. London: E & FN Spon, p. 406 11 Fenn, P. and Gameson, R. ref.10, p. 410 12 Fenn, P. and Gameson, R. ref.10, p. 413 13 lsbu.ac.uk, (2015). Course finder | London South Bank University. [online] Available at: http://www.lsbu.ac.uk/courses/course-finder [Accessed 27 Jan. 2015]. 14 Fenn, P. and Gameson, R. ref.7, p. 409 Max Hutchinson speaking in Building in 1991 15 Winston, A. (2013). Five things Margaret Thatcher did (or didn't do) for architecture. [online] Building. Available at: http://www.building.co.uk/five-things-margaret-thatcher-did-(or-didnt-do)-for-architecture/5052932.article [Accessed 27 Jan. 2015]. 16 Winston, A. ref. 15. 17 Hopkirk, E. (2014). Councils 'unfit to perform planning duties'. [online] Building Design. Available at: http://www.bdonline.co.uk/councils-unfit-to-perform-planning-duties/5070073.article [Accessed 27 Jan. 2015]. 18 Hopkirk, E. ref. 14. 19 Department for Culture Media and Sport, (2015). Farrell Review: Our Future in Place. [online] Pipers and NLA, pp.72-73. Available at: http://www.farrellreview.co.uk/downloads/The%20Farrell%20Review.pdf?t=1397844551 The Review was commissioned by the Department for Culture Media and Sport and headed by Sir Terry Farrell. The report published reflects on the collective efforts to plan and design the built environment from the broad perspective of the many contributing professions; engaging with government, institutions, agencies and the public. 1 2

Department for Culture Media and Sport, ref. 19. Civics Symposium 22 Kiely, M. (2014). Croydon: 'What the rest of Britain can learn from us'. [online] Building Design. Available at: http://www.bdonline.co.uk/comment/croydon-what-the-rest-of-britain-can-learn-from-us/5067688.article [Accessed 27 Jan. 2015]. 23 Mark, L. (2015). Emerging Woman Architect of the Year shortlist: Chloe Phelps. [online] Architectsjournal.co.uk. Available at: http://architectsjournal.co.uk/8675323.article [Accessed 27 Jan. 2015]. 24 Wainwright, O. (2013). Towering folly: why architectural education in Britain is in need of repair. [online] the Guardian. Available at: http://gu.com/p/3g75k/stw [Accessed 27 Jan. 2015]. 25 Murray, C. (2013). The Part 1, 2 and 3 system needs a radical overhaul. [online] Architectsjournal.co.uk. Available at: http://www.architectsjournal.co.uk/news/daily-news/the-part-1-2-and-3-system-needs-a-radicaloverhaul/8656709.article?blocktitle=Comment-&-analysis&contentID=7001 [Accessed 27 Jan. 2015]. 26 Hopkirk, E. (2014). Farrell Review: the response. [online] Building Design. Available at: http://www.bdonline.co.uk/news/farrellreview-the-response/5067629.article [Accessed 27 Jan. 2015]. 27 Department for Culture Media and Sport, (2015). Farrell Review: Our Future in Place - Executive Summary. [online] Pipers and NLA, pp.16-17. Available at: http://www.farrellreview.co.uk/downloads/Executive%20Summary_The%20Farrell%20Review.pdf?t=1396556254 [Accessed 23 Jan. 2015]. 28 Jacobs, J. (1993). The death and life of great American cities. New York: Modern Library. 29 Moser, C. (2013.). Architecture 3.0: The Disruptive Design Practice handbook. London: Routledge. 20 21

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Wainwright, O. (2013). Seeing double: what China's copycat culture means for architecture. [online] the Guardian. Available at: http://gu.com/p/3cp23/stw [Accessed 29 Jan. 2015]. 31 Wainwright, O. ref. 28. 32 Harper, A. (2014). Changes to the architecture of design law - starting today | Walker Morris. [online] Walkermorris.co.uk. Available at: http://www.walkermorris.co.uk/business-insights/changes-architecture-design-law-starting-today [Accessed 29 Jan. 2015]. The scope of un-registered design has been widened to include copyright protection as language has been simplified to a design by a “qualified person”, and the removal of “any aspect of from the Copyright, Designs and Patents Act 1988 (being “the design of any aspect of the shape or configuration (whether external or internal) of the whole or part of the article”).32 These changes correspond with the increasing number of copyright cases and UK Intellectual Property Office’s (UK IPO) desire to reduce trivial litigation. The office will also be introducing the Designs Opinion Service in 2015 to issue non-binding design validity and infringement advice, replacing the Patents Opinions Service. 30

Harper, A. ref. 32. Due to the cases concerned still being in litigation the associate and the particular cases have not been named. A case as commented on by a partner at the firm, Alexander Anderson, is where a building contractor was held liable for the flaws in an architect’s original design. In the case concerned (CGA Brown Ltd v Carr and Another) during the course of construction the contractor found that the design would not work, but rather than warn the client, they adapted the design. When the adapted design failed, the Court held that the contractor could not rely on the original design being defective and as it was part of their duty if care, it ordered them to pay for the repairs. Anderson comments that "The decision should concern contractors because it underlines just how far the courts are prepared to hold them liable for architects' failures. 33

(The Copyright Law of the People’s Republic of China (1990) and its Implementing Rules (2002)) Spiegel Online, (2012). Zaha Hadid vs. the Pirates: Copycat Architects in China Take Aim at the Stars - SPIEGEL ONLINE. [online] SPIEGEL ONLINE. Available at: http://www.spiegel.de/international/zeitgeist/pirated-copy-of-design-by-star-architect-hadid-beingbuilt-in-china-a-874390.html [Accessed 29 Jan. 2015]. 36 Wainwright, O. ref. 331. 37 van Iersel, M. (2013). Game Over for Architects? — Failed Architecture. [online] Failedarchitecture.com. Available at: http://www.failedarchitecture.com/game-over-for-architects/ [Accessed 29 Jan. 2015]. 38 Evans, R. (1997). Translations from drawing to building. Cambridge, Mass.: MIT Press. 39 White, S. (2015). Common knowledges: The performance of representation in the Rotterdam Kunsthal. Ph.D. Manchester Metropolitan University. 40 Koolhaas, R., Boeri, S., Kwinter, S., Tazi, N. and Obrist, H. (2000). Mutations. Barcelona: ACTAR. 41 England and Wales High Court, (2001) Pearce vs Ove Arup Partnership Ltd & Ors Ch 455 (EWHC: 2001). 42 Wainwright, O. ref. 31. 43 van Iersel, M. ref.37 44 Smith, T. (2013). Architect pitches builder-bothering 'Print your own house' plan. [online] Theregister.co.uk. Available at: http://www.theregister.co.uk/2013/03/01/wikihouse_architect_pitches_print_your_own_house_project/ [Accessed 30 Jan. 2015]. 45 Tonkin, M. and Liu, A. (2014). The Evolution of Shell Lace Structure. London: Tonkin Liu, pg. 1 46 Hyde, R. (2012). Future Practice. New York: Routledge, pg. 42. 47 Hyde, R. ref. 46, pg. 225 48 Hyde, R. ref. 46, pg. 108 49 Thorpe, A. (2012). Architecture and design versus consumerism. Abingdon, Oxon: Earthscan. 50 Building Futures, RIBA. ref. 8. 51 Blake, E. ref. 7. 52 Poletti, R. (2010). Lucien Kroll: utopia interrupted. [online] domusweb.it. Available at: http://www.domusweb.it/en/architecture/2010/06/30/lucien-kroll-utopia-interrupted.html [Accessed 21 Jan. 2015]. 34 35

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Bibliography Books Arnold, D. (2002). Reading architectural history. London: Routledge. Chappell, D. and Willis, A. (2010). The architect in practice. Oxford: Wiley-Blackwell Curl, J. (2006). A dictionary of architecture and landscape architecture. Oxford [England]: Oxford University Press. Fenn, P. and Gameson, R. (2003). Construction conflict management and resolution. London: E & FN Spon. Hyde, R. (2012). Future Practice. New York: Routledge. Jacobs, J. (1993). The death and life of great American cities. New York: Modern Library. Koolhaas, R., Boeri, S., Kwinter, S., Tazi, N. and Obrist, H. (2000). Mutations. Barcelona: ACTAR. Moser, C. (2013.). Architecture 3.0: The Disruptive Design Practice handbook. London: Routledge. Spiller, N. and Clear, N. (2014). Educating architects. London: Thames & Hudson. Symes, M., Eley, J. and Seidel, A. (1995). Architects and their practices. Oxford: Butterworth Architecture Thorpe, A. (2012). Architecture and design versus consumerism. Abingdon, Oxon: Earthscan. Till, J. (2009). Architecture Depends. Cambridge, Mass.: MIT Press. Tonkin, M. and Liu, A. (2014). The Evolution of Shell Lace Structure. London: Tonkin Liu Tschumi, B. (1995). â&#x20AC;&#x2DC;One, Two, Three: Jumpâ&#x20AC;&#x2122; from Pearce, M. and Toy, M. (1995). Educating architects. London: Academy Editions.

Online Sources Journals http://www.architectsjournal.co.uk/news/daily-news/the-part-1-2-and-3-system-needs-a-radicaloverhaul/8656709.article?blocktitle=Comment-&-analysis&contentID=7001 http://www.architectsjournal.co.uk/student/neil-spiller-ten-technologies-every-student-should-master/8666538.article http://architectsjournal.co.uk/8675323.article http://www.architectsjournal.co.uk/croydon-and-the-future-of-british-town-planning/5211651.article http://www.building.co.uk/five-things-margaret-thatcher-did-(or-didnt-do)-for-architecture/5052932.article http://www.bdonline.co.uk/government-says-laws-regulating-architects-will-stay/5072143.article http://www.bdonline.co.uk/councils-unfit-to-perform-planning-duties/5070073. Relevance of the Architecture Profession: http://www.failedarchitecture.com/is-the-architectural-profession-still-relevant/ http://archinect.com/people/project/8297910/why-is-architecture-becoming-obsolete/8412040

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Education: http://www.theguardian.com/artanddesign/architecture-design-blog/2013/may/30/architectural-education-professionalcourses?CMP=share_btn_tw http://www.dezeen.com/2013/10/18/dan-hill-opinion-design-education-mooc/ http://www.theguardian.com/artanddesign/architecture-design-blog/2013/may/30/architectural-education-professionalcourses http://www.lsbu.ac.uk/courses/course-finder [Accessed 27 Jan. 2015]. Future of Profession: http://www.buildingfutures.org.uk/assets/downloads/The_Professionals_Choice2003.pdf http://heranet.info/scibe/index http://www.buildingfutures.org.uk/assets/downloads/The_Future_for_Architects_Full_Report_2.pdf http://connectedcroydon.tumblr.com/ http://www.vice.com/en_uk/read/the-future-of-architecture http://www.domusweb.it/en/architecture/2010/06/30/lucien-kroll-utopia-interrupted.html Farrell Review: http://www.theguardian.com/commentisfree/2014/mar/31/uk-architecture-policy-review-built-environment http://www.architectsjournal.co.uk/news/farrell-review-the-60-recommendations/8660930.article http://www.bdonline.co.uk/comment/farrells-critics-are-missing-the-point/5067818.article Media and social perceptions of architects: http://www.theguardian.com/artanddesign/architecture-design-blog/2014/dec/31/new-years-resolution-architects-2015smart-cities-poor-doors?CMP=share_btn_tw Copyright and Intellectual Property: http://www.walkermorris.co.uk/business-insights/changes-architecture-design-law-starting-today http://www.dezeen.com/2013/04/26/uk-design-copyright-bill-comes-into-force/ http://www.dezeen.com/2015/01/08/tony-ash-md-vitra-copyists-creativity-design-industry-intellectual-property/ http://www.spiegel.de/international/zeitgeist/pirated-copy-of-design-by-star-architect-hadid-being-built-in-china-a874390.html

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List of Figures Cover Image. Folly for a Flyover, Hackney, Assemble, 2011. Available at: https://www.flickr.com/search?text=folly%20for%20flyover [Accessed 29 Jan. 2015]. Fig. 1. Louis Hellman cartoon illustrating the cultural, social and educational voids between architect and builder, Architects' Journal, 19 April 1972. Fenn, P. and Gameson, R. (2005). Construction conflict management and resolution. London: E & FN Spon. p. 410 Fig. 2. Starchitects - Architecture as Crown project Paul Tuller. Tuller, P. (2014). Architecture as Crown - Paul Tuller. [online] Pstuller.com. Available at: http://pstuller.com/Architecture-as-Crown-1 [Accessed 29 Jan. 2015]. Fig. 3. Zaha Hadid explains her competition-winning proposal for The Peak in Hong Kong to Margaret Thatcher, 1984. Available at: http://www.bdonline.co.uk/comment/five-things-margaret-thatcher-did-(or-didnt-do)-forarchitecture/5052932.article [Accessed 27 Jan. 2015]. Fig. 4. Planning and Placemaking Team at Croydon Council 2009. Olcayto, R. (2009). Croydon and the future of British town planning. [online] Architectsjournal.co.uk. Available at: http://www.architectsjournal.co.uk/croydon-and-the-futureof-british-town-planning/5211651.article [Accessed 27 Jan. 2015]. Fig. 5. Farrell Review education paths diagram 1. Department for Culture Media and Sport, (2015). Farrell Review: Our Future in Place - Executive Summary. [online] Pipers and NLA, pp.16-17. Available at: http://www.farrellreview.co.uk/downloads/Executive%20Summary_The%20Farrell%20Review.pdf?t=1396556254 [Accessed 27 Jan. 2015]. Fig. 6. Farrell Review education paths diagram 2. Department for Culture Media and Sport, (2015). Farrell Review: Our Future in Place - Executive Summary. [online] Pipers and NLA, pp.16-17. Available at: http://www.farrellreview.co.uk/downloads/Executive%20Summary_The%20Farrell%20Review.pdf?t=1396556254 [Accessed 23 Jan. 2015]. Fig. 7. The Villa Rotunda Redux, The Museum of Copying at the 13th Venice Architecture Biennale. fashionarchitecturetaste.com, (2014). FAT Architecture. [online] Available at: http://www.fashionarchitecturetaste.com/2012/08/villa_rotunda_redux.html [Accessed 27 Jan. 2015]. Fig. 8. Copy-paste culture: Left: Meiquan 22nd Century building in Chonqing, Right: Meiquan 22nd Century building in Chonqing, Zaha Hadid Architects. designboom.com, (2013). [online] Available at: http://www.designboom.com/wpcontent/uploads/2012/12/pirate_02.jpg [Accessed 23 Jan. 2015]. Fig. 9. Progression of design knowledge. FLW-to- Foster-to-Hadid. eliinbar.files.wordpress.com, (2013). [online] Available at: https://eliinbar.files.wordpress.com/2013/01/zaha-hadid-001.jpg [Accessed 31 Jan. 2015]. Fig. 10. WikiHouse original construction method, 00://. Available at: http://www.smartplanet.com/blog/decodingdesign/wikihouse-an-open-source-home-design-and-build-kit/ [Accessed 23 Jan. 2015]. Fig. 11. WikiHouse/NZ constructing in the lab. Space Craft: developing WikiHouse in New Zealand, (2015). wikihouse nz. [online] Available at: http://spacecraft.co.nz/ [Accessed 27 Jan. 2015]. Fig. 12. Left: Camilla sticking one of the adverts to an originally planned metro stop. Right: The Metro being constructed in 2010. Scribd.com, (2014). The Urban Activist. [online] Available at: https://www.scribd.com/doc/228878959/The-UrbanActivist [Accessed 31 Jan. 2015].

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architecture: profession in flux

A selection of scenario based correspondence letters and reflective summary on the current systems of procurement and their utilisation in the construction industry

Submitted to the Manchester School of Architecture for the Professional Studies course as part of the degree of Masters of Architecture (MArch) 2nd February 2015

Correspondence Letters & Reflective Summary

Matthew Shanley

Contents Introduction

LETTER 1: Codes of Conduct and Client Protection

LETTER 2: Restrictive Covenants and Easements

LETTER 3: Services and Fees

LETTER 4: Project Plan and Project Management

LETTER 5: Contract Procurement and Documentation

LETTER 6: Briefing, Design Development and Specification

LETTER 7: Planning Permission and Change of Use

LETTER 8: Listed Building Consent

LETTER 9: Viability, Value and Cost Control

LETTER 10: Building Regulations, the Equality Act and Health & Safety Law

Reflective Summary

Appendices A â&#x20AC;&#x201C; K: Evidenced Weekly Tasks

Correspondence Letters & Reflective Summary

Matthew Shanley

Brief The following documents are compiled as part of the Professional Studies course of the Master in Architecture programme at the Manchester School of Architecture. It includes a collection of 10 correspondence letters that have been written in relation to a hypothetical scenario for a given client and design project. The letters integrate a number of the taught elements of the course and correspond to the type of information that would be provided by the architect to a client prior to and during the design project process. Scenario The project asks for the creation of a community facility utilising an existing Grade II listed building, located within a conservation area. The building programme needs to incorporate spaces for craft shop, committee & meeting rooms, teaching spaces and will include concerts & indoor sports; in addition it will be used for special events such as weddings. The existing building is a well maintained, traditional 1900â&#x20AC;&#x2122;s office building, with cellular load-bearing walls, structural timber floors and a slated pitch roof. There is the need for upgrading the building to modern standards and the client is happy for modern methods of construction. She is keen for the events part of the facility to be open as soon as possible. The client has allocated ÂŁ500,000 as her maximum capital budget which includes all costs for the building extensions alterations and upgrade, fixtures, furniture, fees, surveys, application charges and legal & design team fees. The building will require full planning permission and a change of use. It will have an additional 100m 2 extension to the rear of the current property that will require additional access. Practice: MJS Architects Established in 1989 MJS Architects is a multi-disciplinary architecture practice based in Manchester, England. The practice has worked on projects that have covered a range of sectors from residential, commercial, civic, masterplanning, urban design and interior design. Our experience ranges from new build to restoration and renovation, with particular expertise in building conservation. We have built a reputation for consistently delivering imaginative solutions for our diverse range of clients, to deliver high quality projects through strong design principles, understanding of scheme viability, what is fit for purpose and relevant for the location. Office Team Directors: Matthew Shanley, Ranjini Kalappa Associates: Jessica Ringrose, Thomas Spears, James Wong Architectural Assistants: Christopher Joyce (Part II), Andrea Remery (Part II), Elizabeth Woodall (Part I) Office Manager and Administration: Michelle Williams, Joshim Kapoor.

LETTER 1: Codes of Conduct and Client Protection

MJS Architects Chatham House, Manchester, M14 5LZ

Xxxxx Xxxxx Xxxxx XX/XX/XXXX Ref/ Job no: xxxxx

Dear Mrs Richardson-Smyth, RE: Codes of Conduct & Client Protection In relation to the refurbishment and extension of the building at Reddish Park I am writing to you regarding the assurances and protection you will receive by choosing MJS Architects as the architecture practice for this project. 1.0 Codes of Conduct – ARB & RIBA Architecture is a regulated profession in the UK and therefore those who wish to practice under the title ‘architect’ must be registered with the Architects Registration Board (ARB). The ARB is the statutory regulator and maintains high standards within the profession, providing advice and support for both the public and architects. As an architecture practice we adhere to the ARB’s Architects Code which provides the standards of conduct for practice. Any further information on the ARB and the codes 12 basic principles can be found at arb.org.uk. MJS Architects are also a chartered member of the Royal Institute of British Architects (RIBA) and we adhere to a professional standard of practice set out by the RIBA Code of Professional Conduct. There are three key principles set out by the cod: Integrity, Competence and Relationships. Further information on the Code, details about the profession and information about architecture in the UK can be found at the RIBA website architecture.com. 2.0 Client Protection As director of MJS Architects I am registered with the ARB and RIBA, as are my two associates, and as such we and other colleagues at the practice follow the standards set out by these professional bodies. We see these as a minimum level of conduct and strive to achieve beyond these standards in all projects and work which we undertake. This is evident at each stage of the project development from the initial planning and defining of the project at stage 0, through to when the property is in use where we will provide further support such as post-occupancy assessments at stage 7. 2.1 Liability and Insurance Within the scope of services, to be agreed with you, we will be liable for the project for six years following completion and handover. In line with the ARB code we hold Professional Indemnity Insurance (PPI) cover to protect us as the architects but also you as the client, which we are covered up to the level of £5million. Once this six year period has ended the insurance to cover the project will cease as will our liability. I hope that you have found this information helpful and if you would like to discuss this in further detail then please do not hesitate to contact me. Yours sincerely,

M Shanley Matthew Shanley MJS Architects

LETTER 2: Restrictive Covenants and Easements

MJS Architects Chatham House, Manchester, M14 5LZ

Xxxxx Xxxxx Xxxxx XX/XX/XXXX Ref/ Job no: xxxxx

Dear Mrs Richardson-Smyth, RE: Restrictive Covenants and Easements Following our recent telephone conversation regarding the outline works at the Reddish Park property, I am writing to you to discuss some important steps that need to take place at the early stages of the project in relation to the site and its existing conditions. Because the construction process and the extension will ultimately affect properties adjoining or in close proximity to your property our advice would always be to consult your neighbours about the works that will be taking place. Some neighbours may have concerns about the disturbance to them during construction, and that the extension to the property may affect, for example, their daylight or restrict their view. It is important to address these at an early stage as we can then take them into consideration within the design and project planning process. 1.0 Restrictive Covenants Firstly we must check to see if there are any Restrictive Covenants currently attached to the property. Covenants in England and Wales are a legal agreement that are tied to the piece of land, and are binding on any owners or future owners. They often impose a burden, obligation or restriction on part of or the entire piece of land and are usually noted within the full Title Deeds of the property. If you are not in possession of the full Title Deeds and the property is on registered land it is possible for us to apply to the HM Land Registry to obtain a copy of the Registered Title for a small fee. If there is a restrictive covenant attached to the land such as, prohibiting of a change of use, and it was deemed a traceable beneficiary exists, then the covenant can be removed through agreed compensation or by applying through the Land Tribunal, though this is not guaranteed. 2.0 Easements Similar to covenants in that they are attached to the title of the land, Easements differ in that rather than restricting how a land owner may modify their piece of land they grant rights for a different land owner, often a neighbour, over that piece of land. Easements can also be obtained through long usage if this is continuous, legal and unchallenged and are known as Prescriptive Easements. A common case of Easement is to grant access for the occupiers of one property to pass and re-pass over a neighbouring property or properties. This could therefore affect the permitted development if an easement like this exists and proposed works were to block this type of access. 2.1 Rights of Light One particular easement we must investigate is the right of light. Based on the Ancient Lights Law and later the Rights of Light Act 1959, it enables the owner of a property unobstructed daylight to windows or openings and is a right which can be registered, granted by deed or most commonly acquired automatically under the Prescription Act 1832 when a minimum of 20 years of enjoyment of this light has been observed. If a development such as an extension was deemed to limit the amount of light through the opening and the level of light inside falls below the accepted level, then this constitutes an obstruction, and seen as an action of nuisance. To show whether this has occurred a test would take place, most commonly where the â&#x20AC;&#x2DC;45 5

LETTER 2: Restrictive Covenants and Easements

Degree Ruleâ&#x20AC;&#x2122; is employed to see whether the light can flow into the opening without interruption at an angle of 45 degrees from the horizontal measured at the window cill. 3.0 Party Wall Act Another consideration will be if we carry out works governed by the Party Wall Act (1996), then we will need to serve a party wall notice on any adjoining neighbours. This needs be done at least two months prior to the notifiable building works begin, and at least one month before the notifiable excavation work. Party walls fall under three types: 1. Most commonly the wall is divided vertically and reciprocal easements are enforced across the entire wall. 2. Secondly where the walls is divided in two, with one side belonging to each owner. 3. Finally where the wall belongs entirely to one owner and adjoining owner has a right to have it maintained. Three types of work are covered by the act; building a new party wall; work to existing party walls and adjacent excavations (within three or six metres of a neighbouring property depending on the depth of the foundations you are making) and constructions. Both building and adjoining owners have statutory rights which they can exercise under the Act. In most cases the above issues outlined are rare and are unlikely to affect the development. However, investigating it at an early stage will enable us to address any issues saving time and money in the long run. If you would like to discuss this in further detail please do not hesitate to contact me.

Yours sincerely,

M Shanley Matthew Shanley MJS Architects

LETTER 3: Services and Fees

MJS Architects Chatham House, Manchester, M14 5LZ

Xxxxx Xxxxx Xxxxx XX/XX/XXXX Ref/ Job no: xxxxx

Dear Mrs Richardson-Smyth, RE: Services and Fees I am writing to you regarding your recent enquiry for available services to be provided by MJS Architects for the extension and renovation at your Reddish Park property. Below is a detailed estimate of the proposed fee for these services in relation to the previously agreed requirements and scope of the project for the new community facility. 1.0 Project Services As Director of the practice and lead architect I will be running and co-ordinating the project, supervising the work undertaken by my colleagues. The necessary design and planning documentation will be produced by myself and the Associate Architect, assisted by two other colleagues. Within the practice we run weekly design meetings either within the office or on-site to keep on top of all of the required work as well as discussing project updates. Within my duty to you and to the project I will ensure that the level of workmanship for all completed works is of the highest standard, and uphold codes of conduct at all times. As you know we are a chartered member of the RIBA and as such we follow their Plan of Work (2013). The plan details work stages from 0-7 as a basis for all projects and we correspond our services in line with this. In a future correspondence we will detail these stages further within the overall Project Plan. The extent of these services and stage that we work to is dependent on the procurement route chosen and the agreed fee for the project, for example a Traditional contract would see us undertaking and managing the project through stages 0-7, where as a Design and Build Contract would see us providing our services to the end of stage 4, and thereafter as a consultant, within a different contractual relationship. I will detail the advised procurement routes and contracts in a later correspondence. As the key objectives of the project and the scope of the works have been decided we have now completed Stage 0. The Plan of Works can be seen in more detail at www.ribaplanofwork.com 2.0 Project Fee and Costs In our previous meeting we discussed the process of how we calculate our fee for a given project in line with the services agreed to be provided. To do this we use the RIBA Fees Toolkit to calculate the fee in relation to the outline time scale for the project. We will write to you in a later correspondence detailing this plan and project duration. Based on our pre-tender cost estimate the overall fee for the project is ÂŁ43,106.42 (exc. VAT). The overall fee estimate does not include any statutory fees or application costs. I will invoice you on a monthly basis for agreed works, and payment terms are on a 14 day basis. Overdue payments will be charged at an interest of 8% over the Bank of England base rate. If further payments are still outstanding it is within reason that debt recovery costs will be payable and we may suspend works by issuing at least a 7 daysâ&#x20AC;&#x2122; written notice. Due to the scale and complexity of the necessary works we will require additional services to be provided by a number of specialist consultants beyond the Building Contractor, to include a Quantity Surveyor (QS) to undertake a detailed cost plan,

LETTER 3: Services and Fees

Structural Engineer, and a Heritage Building Advisor. Following a thorough review process I will advise you on appropriate appointment of these consultants, and notify you for any fees for the services of these specialist consultants. Any additional site visits, work or significant alterations outside the agreed scope of works are not included within the fee and will incur additional costs, calculated on an hourly rate basis. Site visit (per colleague) Director Associate Architectural Assistant Administration

£150 per hour £100 per hour £80 per hour £50 per hour £40 per hour

If you are in agreement with the summary of our services and the estimated fee proposal, we will provide you with a formal document for the Standard Form of Agreement for the Appointment of an Architect (SFA/99). Once an appointment has been signed, we will brief the QS to complete a detailed Cost Plan, in line with the programme schedule. If you require any further clarification on the above then please so not hesitate to contact me.

Yours sincerely,

M Shanley Matthew Shanley MJS Architects

LETTER 4: Project Plan and Project Management

MJS Architects Chatham House, Manchester, M14 5LZ

Xxxxx Xxxxx Xxxxx XX/XX/XXXX Ref/ Job no: xxxxx

Dear Mrs Richardson-Smyth, RE: Project Plan and Project Management As discussed during our recent telephone conversation I write to you enclosing the initial project plan. This is based on the RIBA Plan of Works (2013) and outlines key stages and tasks for the project, within a sequential framework. At this stage this is the basic outline of the project schedule for the various parties involved, and will develop accordingly. The plan included with this letter indicates the project duration as 58 weeks from our initial appointment to completion. It must be said that this is an estimate based on our initial calculations, taking into consideration the necessary works required for the extension and renovation of the Grade II listed property at Reddish Park. However, if there are any unforeseen complications this will of course impact on the duration of the project, and the plan will be adjusted. Project Management In many construction projects another member of the construction team is appointed to oversee and organise the duties of the project team and administer the project plan, that being the project manager. Their role entails a great deal from co-ordinating the project and the parties involved, monitoring and implementing the planning schedule, quality control, risk and budget, to issuing instructions, resolving disputes and advising on consultants. As such it is vital to carefully consider who will undertake this role and we will advise you on your available options. The role of project manager is usually divided into two fundamental categories: 1. A technical agent, acting as the clientâ&#x20AC;&#x2122;s representative to manage tasks including the appointing of consultants and administering briefings. They oversee the progression of all works and all other professionals, looking after the clientsâ&#x20AC;&#x2122; interests. Unless otherwise agreed outside of the Standard Building Contract however, they have no powers to attend meetings, enter site or give instruction to the contractor. Their role is therefore organisational rather than contractual, and does not replace the traditional role of the architect as lead consultant to the project. 2. An impartial professional that acts independently to oversee the project, not directly on behalf of the client. In this position they replace the contract administration and contractually undertake their role, with them alone having the authority to issue instruction and certificates, and coordinate all other parties. It is rare for project manager to take this type of defined role, and in many cases this role is assumed by an architect who has the relevant techniques and experience. If a traditional procurement contract is chosen for the project then we as the architects will undertake the project management duties within out role of leading the project, responsible for the organisation and co-ordination of all tasks, the project plan and all parties to the contract. This will be reflected in the fee for the project. At MJS Architects we have a wealth of experience assuming this role on projects similar to the one at Reddish Park.

LETTER 4: Project Plan and Project Management

However, if it is decided a separate project manager is required for the project then a number of factors need to be taken into consideration. The nature and scope of the project and the complexity of working with a historic, Grade II listed building must be considered when choosing an experienced and well reputed professional to assume this role. This would require a separate appointment and agreement of a fee for these services to the project manager. We would be happy to advise you on an appropriate person for this role. If you have any further queries regarding the initial project plan or project management duties, then do not hesitate to contact me.

Yours sincerely,

M Shanley Matthew Shanley MJS Architects

Week 1 2 RIBA Work Stage Stage 0 - Strategic Definition

Tasks Identify strategic brief Identify project team Establish project programme

Stage 1 - Preparation & Brief Develop initial project brief & budget Prepare schedule of services Assemble & appoint project team members & identify roles Initial discussions with English Heritage & Conservation Officer Develop project execution plan Review site information & survey Undertake feasibility study Stage 2 - Concept Design Produce concept design Initial outline specifications Initial cost estimates Consult with planning authority & other relevant specialists as required Review project programme Develop project execution plan Develop health & safety strategy Develop sustainability strategy Consider maintenance & operational strategy Consider construction strategy Client approval of concept design Issue final project brief Stage 3 - Developed Design Prepare developed design Further detail specifications Update cost information Consult with planning authority & other relevant specialists as required Review & update project programme with project team Review & update project execution plan Update project strategies as required Client approval of developed design Produce & submit documents & drawings for planning application & listed building consent Planning process Planning decision Discuss procurement route options Stage 4 - Technical Design Prepare detailed technical design Finalise specifications Update cost information Consult relevant specialists & subcontractors as required Prepare building services design Prepare structural design Review & update project programme with project team Review & update project execution plan Update project strategies as required & prepare relevant drawings (e.g. health & safety) Client approval of technical design Prepare & submit Building Regulation documents & drawings to Building Control Prepare & issue tender documents Analyse tender returns & discuss contract options with client Prepare building contract, agree with contractor and arrange completion

Stage 5 - Construction Administrate the building contract Carry out site inspections and review against specification and construction programme Respond to queries from site as they arrive Prepare valuations in accordance with Building Contract Review & update project execution plan Update project strategies as required & prepare relevant drawings (e.g. health & safety) Gather & prepare 'as built' drawings & information Stage 6 - Handover & Close Out Carry out final inspections & advise on the resolution of defects Handover building to client & respond to any queries in relation to the handover Finalise "as built" drawings & information Conclude administration of the building contract Agree final account in accordance with the building contract Step 7 - In Use Review updated Project Information Review project outcomes & performance Undertake tasks listed in Handover Strategy

9 10 11 12 13 14 15 16 17 18 19

20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59

LETTER 5: Contract Procurement and Documentation

MJS Architects Chatham House, Manchester, M14 5LZ

Xxxxx Xxxxx Xxxxx XX/XX/XXXX Ref/ Job no: xxxxx Dear Mrs Richardson-Smyth, RE: Contract Procurement and Documentation At the initial stages of the project it is essential for us to discuss the possible contract procurement routes and documentation process. It is my duty as the architect to detail the most suitable options to you as the client, and provide you with the relevant information for you to make an informed decision on how you chose to proceed. 1.0 Contract Procurement Route The decision on which procurement route to take is essential in defining the contractual relationships within the design and construction teams. It would be advisable for you to consider the route most appropriate to your circumstances, and as such the most noted procurement routes are listed below: -

Traditional Design and Build Design and Manage Project Management Management Contracting Construction Management

There are a number of different procurement routes, however considering your requirements the two which we believe would be advisable in light of the proposed scope of works are: 1.1 Traditional Often seen at the conventional system for project delivery, the Traditional procurement system is characterised by the separation of the design process and construction process. Under this contract, broadly speaking, the client commissions the architect to take a brief, produce appropriate designs and construction information, invite tenders, administer the project during the construction period, and settle the final account. We, as the architect, act at the lead of the design team and are an independent advisor to you, and will also be responsible for the final design and how the project is administered. As previously advised, specialist consultants will be appointed to complete other works beyond the scope of our agreed services as the architect. This appointment will take place through selected competitive tender or a negotiated tender. In this traditional contract the contractor is only responsible for executing work in line with the drawings and specifications produced by us or by any other consultants to the project. 1.2 Project Management Although similar to the traditional procurement in the overall organisation of the project, the project management route differs in a number of ways. In our previous letter we advised you on the role of a project manager. They take lead of the project and act as the link between you as the client and the rest of the design team. They will in brief either act as the technical agent for you as the client for the project duration or as an independent professional with greater authority to manage the co-ordination 13

LETTER 5: Contract Procurement and Documentation

of all consultants. The choice between these two different options will decide the type of Project Management contract and the relationship the project manager will have with the rest of the project team. Considering the nature of the project as work to a Grade II listed building of notable historic value and our previous experience on projects of this type, it would be our advice for you to choose the Traditional procurement route. We would take lead and responsibility of the entire project and design and construction teams, and will act on your behalf and your direction on all matters in relation to the agreed works. The contract would be drawn up under the Joint Contracts Tribunal (JCT) Building Contract 2005. The JCT are responsible for drafting various forms of building contract and is composed of representatives of clients, architects, surveyors and contractors. 2.0 Scope of Documentation Following the choice of an appropriate contract under the JCT framework we will need to compile the necessary procurement documentation. This includes; bill of quantities, building specifications, schedule of works and any drawings needed for the realisation of the project, inclusive of all relevant planning drawings specific to this project. Documentation will be accompanied by drawings provided by the architect, consultants and contractors where appropriate. Production of such documentation will be compliant with the Co-ordinating Committee for Project Information (CCPI) and their publication Common Arrangement of Work Sections for Building Works (CAWS) and the Standard Method of Measurement for Building Works (SMM7) to ensure the highest level of communication and quality of information. The tendering process will command the specific content of the documentation. In brief there are three different approaches to tendering: Open tendering, Selected tendering and Negotiated tendering. In the case of this project it is most likely, and would be our advice, that the second option will be used. However, if you do have a specific contractor whom you would like us to negotiate with, then we would discuss the use of option 3. We can advise you further on this process once the project develops. 2.1 Bill of Quantities Prepared by either a cost consultant or an appointed QS this document will detail the measure of the quantity of items required by the produced drawings and the specification within the tender documents. This will be completed prior to the issue of the tender documentation, once the design is finalised for the purpose of the contract sum. 2.2 Specifications The specification will, in detail, describe the materials and workmanship required for the project, contract particulars, employerâ&#x20AC;&#x2122;s requirements and the contractorsâ&#x20AC;&#x2122; requirements. The specification must be read in conjunction with the contract documents stated above. It must be stated that the specification will not include cost or quantities, as this is present in the bill of quantities. The type and choice of specification will be detailed to you in a future correspondence. 2.3 Schedule of Works The schedule of works is a list of required work to be completed, and is separate to the specification. It will never include quantities or information relating to size, but is an important for the contractor that the list properly details the necessary work. Due to the scope of the renovation at Reddish Park we deem this document is required. Once a decision regarding the procurement route has been decided we can proceed with the preparation of the appropriate documentation, and all other appropriate work. I hope you find this advice and information helpful and it will enable you to make an informed decision. Please do not hesitate to contact me if you require any further assistance.

Yours sincerely,

M Shanley Matthew Shanley MJS Architects 14

LETTER 6: Briefing, Design Development and Specification

MJS Architects Chatham House, Manchester, M14 5LZ

Xxxxx Xxxxx Xxxxx XX/XX/XXXX Ref/ Job no: xxxxx

Dear Mrs Richardson-Smyth, RE: Briefing, Design Development and Specification I write to you to further detail the briefing process and the design development of the project. I will also further describe the various types of specification to be appropriately chosen for the works at Reddish Park. 1.0 Briefing and Design Development Subsequent meetings and consultation has allowed us to identify your specific needs and requirements, and formalises this information into a specific document, the brief. A series of briefing documents will be formed through an iterative process for use throughout the length of the project, and also post-occupation. This can be seen as a consolidation of decisions and instructions, from the general to the specific, and inform the various parties to the contract of what needs to be achieved. Design development is an integral part of this process, allowing the design to be achieved following the briefing. The briefing process is broken down into three stages: the pre-project stage, project stage and post-project stage. Below I have placed these alongside the RIBA project plan stages to roughly show where they fit into the process. 1.1 Pre-Project Stage (RIBA stages 0-1) As the client you will define the project and we will develop a set of strategic options in response. Stages include: -

Development of Initial project brief, feasibility studies, and value management studies. Resource allocation of design team roles, and Information Exchange framework set up. Design team prepares strategic design options to address the initial brief. You prepare the business case, considering value and risk management, and procurement.

1.2 Project Stage (RIBA stages 2-6) We will take the strategic brief and develop the design through an iterative process of consultation and feedback with you. As the design team we will consider: -

Design elements that have been prescribed, with elements where design innovation needs to occur. Communication strategy, design team priorities, risk management and the procurement route. Project brief developed testing design options, then agreed. Necessary applications prepared and submitted. In-project reviews to assess the performance of the team in meeting requirements of strategic brief.

1.3 Post-project Stage (RIBA stage 7) A review of the entire project process will be undertaken to: -

Assess the performance of the design team and how the process could be improved. Post-occupancy evaluations to assess the building performance. Review of the implementation of documentation and co-ordination of the project team. 15

LETTER 6: Briefing, Design Development and Specification

2.0 Specifications The production of a clear, concise and negotiated specification as the key document to be used in correspondence with drawings and bills of quantities, is essential for the feasibility of the project. The correlation of the documents and drawings is part of the Co-ordinated Project Information (CPI) as outlined in CAWS, to enable compatibility in information for the various parties to the contract. The specification has three main purposes when read in conjunction with the drawings; detailed information for the contractor’s estimator to prepare a tender, to enable a bill of quantities to be prepared by the Quantity Surveyor to be used to prepare such tender, and as the architect’s instructions for carrying out the work by the contractor’s agent and the clerk of works. In general, specifications are either prescribed elements, subdivided into proprietary and descriptive, or they are specified based on performance. Each type has its own characteristics, and in consultation with you, the different elements in the design will be specified accordingly. 2.1 Proprietary As the architect, we would precisely define within the listed specification document the chosen element by name and manufacturer, and will take responsibility for this choice. The building contractor will to carry out their duties to complete the works by using this specific product. For example you may wish to use an exact light fitting and we would prescribe this into the specification. This type of specification defines; the scope of work including materials, products and systems, and appearance, the level of workmanship, appropriate site tests for fire, smoke, water and acoustics. This approach gives greater control over the cost and a product warranty, however, it can restrict the scope for design innovation. 2.2 Descriptive: The contractor takes responsibility for specifying the products, their systems and appearance. We would provide the Design Intent drawings in accordance with the document for use by the contractor. The use of this type of specification will use drawings produced by the architect with an appropriate level of detail and be reinforced by the agreed contract. It will allow suppliers to complete the detailed design portion using their specific skills and product knowledge, giving greater flexibility in detailed choice. However, this gives less accuracy over initial costs due to suitability or supply and a risk of non-compliance of products. 2.3 Performance: The design team define the necessary performance of the product, with the contractor taking responsibility over the elemental choice. The suppliers will use this to recommend appropriate products that meet these performance needs. An example of this would be to specify that the insulation has to perform to a certain U-value/reduce heat loss adequately. This type of specification defines product performance attributes, through the testing of validity of manufacturers’ data and at point of installation. There is less control over costs, and there can be greater risk over the products system and final appearance. In specifying products for a given project we have built up a base of knowledge and a collection of trusted products and suppliers. This enables us to ensure a level of quality and a reliable delivery. We use an extensive database of information as provided by the National Building Specification (NBS) to detail elements of the specification. NBS provides software that allows us to integrate information about specification directly into our working drawings and computer models. I trust all the above is of use, and if you require any further information regarding the above please not hesitate to get in touch.

Yours sincerely,

M Shanley Matthew Shanley MJS Architects

LETTER 7: Planning Permission and Change of Use

MJS Architects Chatham House, Manchester, M14 5LZ

Xxxxx Xxxxx Xxxxx XX/XX/XXXX Ref/ Job no: xxxxx

Dear Mrs Richardson-Smyth, RE: Planning Permission and Change of Use As discussed during our previous consultation we are required to submit a planning application for the proposed works. Due to the location of the current property and the scope of the works to be carried out we must apply for Full Planning Permission for works or extensions within a Conservation Area. This is required under the Town and Country Planning Act of 1990 and we will undertake this application on your behalf. Along with the application form itself we are also required to submit a number of documents and drawings that will include: -

A Design and Access Statement to support the application, and demonstrate the proposed development is a suitable response to the site and its setting, and that it can be adequately accessed by prospective users. The completion of the appropriate ownership certificate as part of the application. A complete set of drawings appropriately scaled to include a location plan clearly showing the site, the existing building and proposed alterations and additions, that show appropriate context, as well as demolition plans for any demolition works. The completion of the appropriate ownership certificate as part of the application. A structural survey may be required if major changes are made to the structure or substantial demolition takes place, as well as a statement of justification for the demolition. A biodiversity survey and report may need to be submitted if it is deemed the proposed works would have an impact on the wildlife or biodiversity within or immediately neighbouring the site. This may form part of an Environmental Statement if the proposal has a wider impact such as demolition of older buildings or roof spaces, removal of trees, scrub, hedgerows or alterations to water courses that may affect protected species. An Ecological Survey and report may be required for example if bats were found inhabiting any part of the property. A Tree Survey must be submitted if there is an impact on trees on site or adjacent to areas of work.

It must be noted that if any of these additional surveys need to be carried out in light of our investigations to support the application, then appropriate consultants will need to be contacted to perform them and produce a report. These will require a payable fee to the consultant. We as the architect would also need to carry out additional work if this was the case, and our fee would be adjusted accordingly. For non-residential developments the fee for the application can vary depending on the size and scope of works. We will inform you of this fee once we have completed the work required. The local council will usually take eight weeks to give us a decision; thirteen weeks if the scale is deemed to be more complex. During this period the application will be checked and validated and then placed on the planning register. It is publicised for consultation and comment where neighbours, the parish, town or community council and any other necessary bodies are notified. All information relating to the application will be published on the Planning Portal website at planningportal.gov.uk/ and can be viewed using the reference number or address for the property. With regard to the Grade II listing of the building a separate application for listed building consent will be submitted following the application for Planning Permission. 17

LETTER 7: Planning Permission and Change of Use

Local councils, including Reddish Council provide pre-application advice and we believe that it would be advisable to consult with the Reddish Conservation Officer to discuss the outline proposal prior to submitting the application. This requires a small fee, and will enable us to submit the application stating we have consulted and considered the advice of the Conservation Officer. Currently the building at Reddish Park is classed as a Business Premises (B1) as it was in use as an office. As we will be changing the use of the building to a community facility this falls under Assembly and Leisure (D2) use class and this will need to be included within the application for Full Planning Permission. We will discuss the change of use with the conservation officer in further detail during the pre-application process. I hope you find all of the above agreeable and if you would like to discuss any of this information in further detail then do not hesitate to contact me.

Yours sincerely,

M Shanley Matthew Shanley MJS Architects

LETTER 8: Listed Building Consent

MJS Architects Chatham House, Manchester, M14 5LZ

Xxxxx Xxxxx Xxxxx XX/XX/XXXX Ref/ Job no: xxxxx

Dear Mrs Richardson-Smyth, RE: Listed Building Consent Following the submission of the application for Full Planning Permission for the proposed works at your Reddish Park property, we now must submit the required application for Listed Building Consent. This application requires an additional amount of work, detailed below, and this is considered in the overall time allowed for the project. The Grade II listed status of the former office means it has been deemed to be a significant heritage asset of notable historical value, and therefore any works to the building are subject to controls to protect this. Because the scope of works includes minor demolition, alteration and extension we must apply for Listed Building Consent to permit any works to take place. The application does not require a fee for submission, but will require additional investigatory work; for example inspecting any stonework such as that around windows, or investigating anything that is a specific characteristics of the buildings listed status. Prior to the application, we will consult with the Reddish Conservation Officer as part of the pre-application advice process for the overall planning application. It will also be advisable for us to consult with a Heritage Building Advisor from either English Heritage or an independent heritage consultant at this early stage of the project. This will enable us to establish the parameters of the renovation and extension, and align our concept design and future designs appropriately. This consultation will incur an additional fee, payable to the advisor, and we believe this to be extremely worthwhile for the viability of the project. The preparation of the application will require us to submit 1:20 detailed drawings, material information, describe alterations we will make to the Listed Building, and a Heritage Asset Statement that outlines the notable history of the building, the impact and justification of the proposed works. The statement will either be written by ourselves or if necessary by an external Historical Building consultant. As with the planning application, once submitted it will take a minimum of 8 weeks (13 weeks if deemed larger scale), including a 21 day statutory consultation period, for a decision to be made. Neighbours, and any appropriate bodies such as English Heritage if demolition work occurs, will be notified. The Planning authority will either grant consent, subject to conditions or give refusal. If it were refused we would have six months to appeal the decision, or we could submit a new application based on the suggested amendments. I hope you have found the above agreeable and do not hesitate to contact me if you require any further information.

Yours sincerely,

M Shanley Matthew Shanley MJS Architects

LETTER 9: Viability, Value and Cost Control

MJS Architects Chatham House, Manchester, M14 5LZ

Xxxxx Xxxxx Xxxxx XX/XX/XXXX Ref/ Job no: xxxxx

Dear Mrs Richardson-Smyth, RE: Viability, Value and Cost Control I wanted to write to you formally in relation to our recent conversation regarding the viability and costing for the project. I wanted to reassure that the project is a viable undertaking, and it will become valued asset within your specified budget. Firstly the budget for the project, which following careful consideration, and a feasibility study, we believe is appropriate in relation to the scope of the proposal for renovation and extension. The change of use to a community facility with a number of additional services will add an amount of social capital to the Reddish Park area. It will provide new facilities, create jobs and we believe will be valued by the Local Planning Authority when they are considering the application for Planning Permission. Considering these factors of budget, existing conditions, scope of works and the added community value, we believe it to be a viable and valuable undertaking. To ensure the project stays within the agreed ÂŁ500,000 budget we will endeavour to give you value for money in both the short and long term. We have considered all the proposed work, fixtures and fittings, any applicable fees for surveys and applications, as well as all legal and design team fees. There has been an 8% contingency allowance included within the budget following your initial request and our calculations. In relation to the low cost of maintenance and upkeep of the property we will, in some cases, need to specify items such as the chosen insulation with a higher performance value and fixtures and fittings that are more durable and long-lasting. This increases their initial elemental cost, but will reduce the cost in the long run. As you are happy to use modern methods of construction this will aid in the reduction of costs, as we will not necessary need to use some older and more costly methods of construction. An Elemental Cost Plan that clearly breaks downs the individual elements will be used (as opposed to a Target Cost Plan), and produced following our initial estimates and briefing to the appointed QS for the project. Our previous experience, consultation with knowledgeable contractors and the use of cost comparison tools such as those provided by Building Cost Information Service (BCIS), has allowed us to make an accurate estimate of costs. We will keep you informed of the costs and provide you with a copy of the detailed Elemental Cost Plan produced by the QS. If you require any further information regarding the above please not hesitate to get in touch.

Yours sincerely,

M Shanley Matthew Shanley MJS Architects

LETTER 10: Building Regulations, the Equality Act and Health & Safety Law

MJS Architects Chatham House, Manchester, M14 5LZ

Xxxxx Xxxxx Xxxxx XX/XX/XXXX Ref/ Job no: xxxxx

Dear Mrs Richardson-Smyth, RE: Building Regulations, the Equality Act and Health & Safety Law I write to you to inform you of the responsibility we at MJS Architects take regarding the Equality Act (2010) and also Health & Safety Law into all aspects of our work. I will also outline the possible options for us to obtain Building Regulation Approval. 1.0 Equality Act and Health & Safety Law The Equality Act 2010 and Health & Safety Law are put in place to protect and to propose positive action so as not to discriminate against, create undue restriction or cause material harm. An outline of the three mains aims of the Equality Act are to; eliminate unlawful discrimination, advance equality of opportunity and foster good relations. Every effort is made to integrate these forms of legislation into each aspect of the project from the outset of the concept design, through the construction process on site, to the final post-occupancy evaluations when the building is in use. To achieve the above we develop and produce all appropriate drawings in response to the Construction Design and Management Regulations 2007 (CDM), carefully followed prior to and during construction. The regulations help to improve industry health and safety, manage the risks on site by co-ordinating the right people and planning and managing risk. 1.1 CDM Co-ordinator As the project is notifiable a CDM co-ordinator is required. They will ensure the working conditions are healthy and safe prior to the work commencing, and are responsible for managing those who work on the project understand and comply with regulations. I am able to take on this role, being fully briefed on relevant health and safety regulations and having previous experience of this role. The principle duties of the CDM co-ordinator include: -

notify details of the project to Health and Safety Executive (HSE) co-ordinate health and safety of design work and co-operate with those involved with the project enable good communication between all parties identify and pass on pre-construction information prepare/update the health and safety file

2.0 Building Regulations The Building Regulations comprise a series of Approved Documents that outline criteria to comply with appropriate standards; Part M relating to access and use of buildings being of particular importance in relation to the project. Alterations to Listed Buildings are often exempt from complying with the exact criteria outlined in Part M, if the accommodation of these standards was to adversely affect the listed character of the building. However, every effort will be made to include the suitable access, design details, fixtures and fittings that comply with the appropriate Building Regulations. This is also in line with British Standards BS8300 and BS999, and will make the facility useable by people of differing capabilities now and in the future.

LETTER 10: Building Regulations, the Equality Act and Health & Safety Law

2.1 Building Regulation Approval There are two options for gaining Building Regulations Approval; either through Building Control Bodies from the Local Authority, or Building Control Bodies from the private sector as an Approved Inspector. If the decision is to use an Approved Inspector to perform the Building Control then we must jointly notify the Local Authority through an â&#x20AC;&#x2DC;Initial Noticeâ&#x20AC;&#x2122;. The Approved inspector then has the responsibility to perform on-site inspections and regular controls throughout the construction process. If Building Control is to be carried out by the Local Authority then a number of tasks need to be carried out by ourselves: 1. Gain Pre-Site Approval by preparing a Full Plans application that comprises all plans and construction details of the project to comply with the Building Regulations. This type of application is the appropriate choice for the type of development we are submitting, as opposed to those that deal with domestic schemes. The application requires a fee payable to the Local Authority. 2. Gain On-Site Approval through a procedure of on-site inspections by the Local Authority during commencement, completion and specific work stages of the construction. It is our responsibility to notify the Local Authority when the work has reached a specific stage, and offer enough time and access for inspection to take place. Additionally, we as the architects are responsible to make sure the Project Plan and the construction process is following procedure, to cancel and rearrange notice if needed when conditions on site are not at a specific stage. I hope you have found all this information useful and if you require any further clarification then please do not hesitate to contact me.

Yours sincerely,

M Shanley Matthew Shanley MJS Architects

Reflective Summary

"Architects need to become procurement experts if they want to win contracts"1 Stephen Hodder, President of the RIBA (2015)

In many ways the history of architectural production has followed a relatively similar course over time. The pursuit of a shelter or building, conception of a design and its final construction have continued, yet it is the organisation, structure of delivery and title of those undertaking the roles that has ultimately changed. Reflecting on the modern role of the architectural profession and the construction process this short reflection will look at the current procurement strategies within the industry, critically assess how this process is currently undertaken, how it is changing, and point to some suggestions for how it could be improved, whilst maintaining high standards. The utilisation of a given procurement strategy is arguably the more important element in the way a construction project will be managed, ultimately impacting on the key drivers of time, cost and quality. The choice of strategy for the project is paramount to its success, both from the client and construction teams’ perspective. The understanding of a client’s business case forms an important part of this process, preliminarily defining parameters for how the project is delivered. Construction clients are often occasional, if not rare to the purchase of construction work, and without being properly informed lack an understanding of the possible options. Continued efforts have been made to address this issue, including recommendations in the Government report Construction 2025 (2013), to drive “procurement efficiency and explore options for further efficiency gains in the procurement process.”2 The suggestions built upon a number of key strategies raised in the earlier Latham Report3 and Egan Report4, and draw comparison to the themes of the 2011 Government Construction Strategy. It must be said, that this continued process of review and report has yielded only few real changes, and you could argue that a new report is published before many people in the industry have truly utilised the propositions of the previous incarnation. This of course has been greatly influenced by changes in Government, and notably the 2008 recession and its impact on the construction industry.

Fig. 1. The Six Key Steps a client must consider when faced with a business need.

An approach to client procurement strategies that appears to hold just as true today is the guidance published by the Strategic Forum for Construction in the report Accelerating Change, 2002. Chaired by Sir John Egan the review of the UK construction industry identified ‘Six Key Steps’ that a client should take to devise a procurement strategy. Published in the Constructing Excellence Procurement factsheet5 the process is shown in Fig.1, including the importance of the clients own output for the project. The approach is straightforward, concise, identifies the project needs from a client’s perspective and could be applied effectively to almost all project scales.

Reflective Summary

A number of new procurement strategies are being considered to compliment the changes in the UK construction industry. Some of the changes include the use of Building Information Modelling (BIM), off-site manufacturing, the drive to reduce costs by 15-20% across the sector and the effort to improve sustainability, such as constructing carbon neutral buildings (interestingly, the definition of which still needs to be decided by the Government). The three new industry proposed models of Cost Led Procurement (CLP), Integrated Project Insurance (IPI) and the Two-Stage Open Book (2SOB), are public sector focused, and seek a greater amount of transparency, integration across all aspects of the project and earlier involvement of the Contractor. Cost-certainty is a principle that underpins these new approaches, aligned with the implementation of the industries Infrastructure Routemap and BIM Level 2.6 Through the trial projects and reported case studies the Government produced the guidance report New Models of Construction Procurement in July 2014. These new methods are focused around efficiency, discussing the project team as a supply chain that provides services through a succinct and integrated way. How the role of the architectural practice or architects, particularly those practicing in a relatively traditional way, will fit into these new models will be interesting to see. If we were speculating it would appear that the relationship between the client and the construction team – the contractor, sub-contractors etc. – is being strengthened, and in following these type of routes, the place of the architect could be further displaced from the project and client involvement. It could be argued that the breadth of architectural training and key skills, within education and in practice, best places the architect to understand and delve to the route of a client’s true needs; often more complex than a listed set of requirements. This is not to say that other design professionals are not capable of identifying and delivering an effective project for the client, yet are they as committed to design innovation in the way an architect would be? This is inevitably where the choice of procurement strategy is questioned, and the importance of the correct choice for the client and the project needs. Considering these new methods and the continuing trend in construction projects moving away from traditional architectural practice, could a new set of procurement strategies be proposed that reinstates the architect and the profession in a more influential and notable role? Within the time, cost and quality relationship this would place a greater emphasis towards design quality, of course still carefully considering cost and time. It will be interesting to see how the changing nature of procurement and uptake of new methods will impact on construction projects, but ass Stephen Hodder suggests it is clear is that if architects want to have a continued influence and relevance within the industry then they need to make their voices heard, understand and address how procurement best supports valuing their skills, develops sustainable sector growth and continues the intent of design originality and innovation.

Hodder, S. (2015). Architects can tackle the problems procurement this election year | RIBAJ. [online] Ribaj.com. Available at: http://www.ribaj.com/culture/architects-can-tackle-procurement-this-election-year [Accessed 23 Jan. 2015]. 2 Construction 2025. (2013). [online] Available at: http://www.ecobuild.co.uk/files/industry_strategy_to_2025.pdf [Accessed 23 Jan. 2015]. pg. 11 3 HMSO, (1994). Constructing the Team. [online] HMSO. Available at: http://www.cewales.org.uk/cew/wpcontent/uploads/Constructing-the-team-The-Latham-Report.pdf [Accessed 22 Jan. 2015]. 4 Strategic Forum for Construction, (2002). Accelerating Change. London: Rethinking Construction. 5 Constructing Excellence, (2004). Procurement. [online] Available at: http://www.constructingexcellence.org.uk/pdf/fact_sheet/procurement.pdf [Accessed 23 Jan. 2015]. 6 HM Cabinet Office, (2015). New Models of Construction Procurement. [online] London: HM Cabinet Office. Available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/325011/New_Models_of_Construction_Procurement__Introduction_to_the_Guidance_-_2_July_2014.pdf [Accessed 23 Jan. 2015]. 1

Appendices

Appendix A: Codes of Conduct – ARB and RIBA Architect’s Registration Board (ARB) - The UK’s statutory regulator of architects. Architects Code: Standards of Conduct and Practice Setting out standards of professional conduct and practice persons registered as architects are expected to comply with. Established to protect the consumer and safeguard the reputation of architects. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Be honest and act with integrity Be competent Promote your services honestly and responsibly Manage your business competently Consider the wider impact of your work Carry out your work faithfully and conscientiously Be trustworthy and look after your clients’ money properly Have appropriate insurance arrangements Maintain the reputation of architects Deal with disputes or complaints appropriately Co-operate with regulatory requirements and investigations Have respect for others

Royal Institute of British Architects (RIBA) A professional body for architects (primarily in the UK), championing better buildings, communities and the environment through architecture and their members. They provide standards of conduct and competence, training, education and support. The organisation is a chartered corporation and a registered charity. Code of Professional Conduct Setting out and explaining the standards of professional conduct that the RIBA requires of its members. Principle 1 – Honesty and Integrity Members shall act with honesty and integrity at all times. Principle 2 – Competence Members shall act competently, conscientiously and responsibly in the performance of their work. Members must be able to provide the knowledge, the ability and the financial and technical resources appropriate for their work. Principle 3 – Relationships Members shall respect the relevant rights and interests of others. The Code provides supporting Guidance Notes which explain how the above principles can be upheld: 1. 2. 3. 4. 5. 6. 7. 8. 9.

Integrity, Conflicts of Interest, Confidentiality and Privacy, Corruption and Bribery / Related to Principles 1 and 3 Competition / Related to Principles 1 and 3 Advertising / Related to Principle 1 Appointments / Related to Principle 2 Insurance / Related to Principle 2 CPD / Related to Principle 2 Relationships / Related to Principle 3 Employment and Equal Opportunities / Related to Principle 3 Complaints and Dispute Resolution / Related to Principle 3

Appendices

Appendix B: Fees/Survival Using the RIBA Fees Toolkit to calculate the hourly charge rate with information provided below: Salary = £30,000 Total overheads = £30,000 Profit = £15,000 Charge Rate 30000(salary) + 30000(overheads) = £60000÷1500 hrs (billable hours per year as average) = £40 cost rate + 15000(profit) ÷ 1500 hrs = £10 profit Total charge rate = £50.

Weekly Cost Type 1 Annual gross salary (pounds per year) Employment overheads Premises overheads Total overheads (pounds per year) Working hours per day Working days per week Working hours per week Annual leave in days Other leave (days per year) Sick leave percentage Sick leave (days per year) Proportion of fee earning time Weekly cost

Architect £30,000.00

£30,000.00 8.00 5.00 40.00 20.00 8.00 2.00% 4.65 75.00% £1,753.92

Notes on Fees Fee calculation, negotiation and management for architects A three part approach: 1.

Calculating the fee (resource-based)

Negotiating the agreement (adding value)

Managing fee collection (cash flow)

Not based on price margin/profit margin but VALUE margin – quality of the service provided RIBA Business Benchmarking - relates to Chartered Practices as a guide to fees, negotiations and management. Britain’s leading architects have railed against RIBA’s decision to abandoned fee survey graphs from the official publication A Client’s Guide to Engaging an Architect, with David Chipperfield describing it as a ‘policy against quality’ AJ - 6 November, 2009 | By Merlin Fulcher

Fee Calculation/Options:

Appendices

There is no standard or recommended fee scale and no standard method of calculation. The fee is a matter for negotiation between the client and the architect.      

empirical calculations (traditional) v resource allocations + profit margin and added value (traditional fee calculations can be seen in the RIBA Fee guide.) partial services fixed lump sums (higher risk than percentage fees, must have provision for adjustment for client changes) calculated lump sums, based for example on estimated construction cost at the start of each work stage time charges value-added or betterment fees

Work stage fees (RIBA Plan of Work 2013) 0. Strategic Definition (time charges) 1.

Preparation & Brief (time charges)

Concept Design

30%

Developed Design

30%

Technical Design

20%

Construction

15%

Handover & Close Out

In Use (time charges) 100%

Fee Negotiation      

recognise the client’s values and aspirations, both explicit and implicit explain the benefits of the offer, remove uncertainty and address objections a resource allocation approach is very helpful when a client is seeking a fee reduction; monthly invoicing regimes ensure cash-flow nothing is agreed until everything is agreed the client will probably desire certainty and a fixed fee, but the architect has to balance this against the actual degree of uncertainty and associated risk working without an appointment agreement and agreed fee schedule is working at risk

Fee Management Aim for a practice is to achieve a 20-25% profit margin Turnover vs. working capital   

Working capital = fixed assets + cash + debtors = accrued income Faster turnover = less working capital required Architects require more working capital than many other business because of the extended time period of construction projects

Fee adjustment - RIBA Standard Agreement, clause 5.8 The Basic Fee shall be adjusted: (5.8.1) including due allowance for any loss and/or expense if: (a) material changes are made to the Brief and/or the Construction Cost and/or the Timetable…….and/or (b) the Services are varied by agreement.

Appendices

Appendix C: Law and Professional Responsibilities English Law Basic Structure  Written Legilation – Statue  Unwritten – Common Application  Civil: Proof = Balance of probability  Criminal( includes H+S): Proof = Beyond all reasonable doubt Law administered by Courts – County/High Many Branches of law include – Property, Tort, Contract Property Acts: Law of property act 1925 and Land registration act 1925     

All Land is owned by the Crown Individuals own an ‘interest’ in land/property In an Estate = length of time Estates are 2 types of land ‘ownership’: freehold or leasehold Title based on best proof to possess – If no one questioned your use of the land for 20 years, and you can prove it, it is within your possession. ‘Interest’ may be one of 5:     

Easements---- of most interest to architects Rent charges Mortgage charges Land tax and tithe charges Rights of entry

Registered Land (title registered at Land Registry) vs Unregistered Land (Title found in ‘Title deeds’) Land – centre of earth to heavens (except gold, silver, coal)

Restrictive Covenants A restrictive covenant is a promise by one person to another, (such as a buyer of land and a seller) not to do certain things with the land or property. It binds the land and not an individual owner, it "runs with the land". Which means that the restrictive covenant continues over the land or property even when the current owner(s) sells it to another person. Restrictive covenants continue to have effect even though they may have been made many years ago and appear to be obsolete. Examples of restrictive covenants are:  not to keep a caravan on the property  not to run a business from the property  not to keep any animals other than domestic pets on the property  not to display advertisements, bills or placards on the property other than a notice that the land or property is to let or for sale. http://site.landregistry.gov.uk/public/faqs/what-are-restrictive-covenants#sthash.dLbBlbs6.dpuf Easements Similar to covenants in that they are attached to the title of the land, Easements differ in that rather than restricting how a land owner may modify their piece of land they grant rights for a different land owner, often a neighbour, over that piece of land. Easements can also be obtained through long usage if this is continuous, legal and unchallenged and are known as Prescriptive Easements. A common case of easement is to grant access for the occupiers of one property to pass and re-pass over a neighbouring property or properties.

Appendices

Rights of light Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain the level of illumination. It is based on the Ancient Lights law. The rights are most usually acquired under the Prescription Act 1832. Rights can be registered, granted by deed or simply acquired by having a minimum of 20 years enjoyment of light through a window or opening. Once a window has received over 20 years of unobstructed daylight, it automatically earns itself a Right of Light. Such rights are, for Land Registration purposes, overriding interests. They are valid whether or not they are registered on the title deeds to the property which claims the right.4 If the two adjoining parties disagree they both must appoint a surveyor to whom under the Act will determine the difference and seek to decide the contribution each party must make toward the work. An additional a fee to the surveyor or solicitor would be payable if action needs was required. Local Authorities tend to adopt various guidelines for assessing right to light issues. The 45 degree rule is the most commonly used means of assessment. Overlooking and privacy can be other issues for consideration. http://www.planning-applications.co.uk/righttolight.htm Paul Chynoweth (2004) Progressing the rights to light debate – Part 1: a review of current practice, Structural Survey, Vol. 22, No. 3, pp. 131–7 http://www.lawlectures.co.uk/RTL-1.pdf Party Wall Act The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. A building owner proposing to start work covered by the Act must give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes. The Act is separate from obtaining planning permission or building regulations approval. The main types of party walls are: 

a wall that stands on the lands of 2 (or more) owners and forms part of a building - this wall can be part of one building only or separate buildings belonging to different owners  a wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences  a wall that is on one owner’s land but is used by 2 (or more) owners to separate their buildings The Act also uses the expression ‘party structure’. This could be a wall or floor partition or other structure separating buildings or parts of buildings in different ownership, such as in flats. The Act covers:  new building on or at the boundary of 2 properties  work to an existing party wall or party structure  excavation near to and below the foundation level of neighbouring buildings  digging below the foundation level of a neighbour’s property http://www.planningportal.gov.uk/uploads/br/BR_partywall_explain_booklet.pdf Formation of a Contract Ingredients for a Contact  Agreement  Offer - form of the offer  Acceptance - methods  Consideration  Formalities Invitation to treat, a.k.a. ‘make me an offer’ Sufficient certainty over all key terms must be written in the agreement/contract. Methods of Acceptance: 

Revocation vs. acceptance

Appendices



Offer made in post as soon as it is sent

Offer and Acceptance in Construction Contracts  Invitation to Tender – to treat; or offer. This leads to a Tender Offer. Essential Terms to the contract/agreement  Parties  Price  Time  Scope of the Works  RJT Consulting Engineers Ltd v DM Engineering (NI) Ltd [2002] (CA) BLR217 Rectification 1: Common mistake – rectify a mistake by 2 parties, or 1 and the other doesn’t spot that it happened/was written Alternative Dispute Resolution Adjudication  

Statutory right to Adjudication since HGCRA 1996 (s108) All parties to a ‘construction contract’ have the right to refer a ‘dispute or difference’ (any)

Pros    

28- day process- quick decision Comparatively cheaper than litigation/arbitration The court generally uphold decisions Limited grounds to oppose enforcement

Cons   

‘Rough justice’ ‘One dispute’ at a time (unless consent given (para 8.1 Scheme) Costs (generally not recoverable)

Notice of adjudication like a claim form – gives adjudicator their jurisdiction/ parameters. Contract nominates the specified body – i.e. different bodies/people. Rarely the end of the dispute, particularly large disputes. Process:      

Notice of Adjudication Referral (within 7 days of the Notice) Response Reply Rejoinder and Surrejoinder – process of counter responses The Referring Party may increase the 28- day period by up to 7 days without consent (para. 19.1(b) Scheme). Any further extensions require consent of both parties. Decision - agreed period otherwise invalid Opposing Enforcement - Jurisdiction or Breach of Natural Justice Challenging Jurisdiction – must occur at outset or as soon as it arises. Mediation (forum to discuss issues)  A non- binding process for early resolution of a dispute  A qualified third party (mediator) assists the parties to facilitate a settlement  Often seen as a ‘compromise’. Neither party ‘happy’.  Courts encourage mediation as an alternative to litigation and will often penalise an unreasonable refusal to mediate (costs)  Process: Arbitration:     

Not technically ADR but is an alternative to litigation Remains popular in construction Must be a written agreement to Arbitrate Third Party Arbitrator is appointed to reach a decision based on parties’ submissions Process: Notice of Arbitration or Appointment of an Arbitrator

Appendices

Appendix D: Planning Consent/ Planning Application Planning permission or planning consent is the permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building (i.e. "ownership"), but will also need "planning title" or planning permission. Planning title was granted for all pre-existing uses and buildings by the Town and Country Planning Act 1947, which came into effect on 1 July 1948. Since that date any new "development" has required planning permission. "Development" as defined by law consists of any building, engineering or mining operation, or the making of a material change of use in any land or building. Planning Application Requirements A set of drawings and plans clearly showing what you are proposing. Location Plan, in context  Base your plan on an OS map at 1:1250 or 12500  Show at least two named roads and all the surrounding land and buildings  Put house numbers on all the properties and mark the boundary with a red line.  Draw a blue line around any other nearby land you own Site Plan  A more detailed scale plan showing the relationship of the proposal to the site boundary and any buildings on neighbouring land. Other plans  A floor plan  Elevation plan  A street-scene ‘contextual’ drawing  Supporting information or reports Other Documentation  An ownership certificate A, B, C or D must be completed stating the ownership of the property.  Agricultural holdings certificate – this is required whether or not the site includes an agricultural holding.  Design and access statement (if required, see CABE) A Design and Access Statement is required with planning applications for major development – both full and outline. Lower thresholds apply in conservation areas and World Heritage Sites, where some smaller applications must also be accompanied by a DAS. Listed building consent applications must also include a DAS. Applications for waste development, a material change of use, engineering or mining operations do not need to be accompanied by a DAS. CABE, guidelines for submitting a Design and Access Statement. Purpose: 1. 2. 3. 4.

Accompany a planning application, but are not part of it Needed with most types of application, but not householder applications (except in designated areas) or material change of use (unless it also involves operational development) Are also required for applications for listed building consent Need to explain and justify what is being applied for, and can be linked to planning decisions by conditions if developers are to be required to follow them

Design Assessment, Involvement, Evaluation and Design Use What buildings and spaces will be used for? Amount

Appendices

How much would be built on the site? Layout How the buildings and public and private spaces will be arranged on the site, and the relationship between them and the buildings and spaces around the site. Scale How big the buildings and spaces would be (their height, width and length). Landscaping How open spaces will be treated to enhance and protect the character of a place. Appearance What the building and spaces will look like, for example, building materials and architectural details. Access The statement needs to include two potential aspects of access. That is not to say they are separate, and the statement should show that all access issues have been considered together. At the same time as a formal requirement for statements was introduced, the rules about outline applications were also changed so that they must include a minimum level of detail on:     

What the buildings will be used for How many buildings there will be Roughly how they will be laid out Minimum and maximum building sizes, and Where entrances to the site will be.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/66061/Streamlining_the_planning_application_process_ -_consultation.pdf http://www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/designaccess http://webarchive.nationalarchives.gov.uk/20110118095356/http:/www.cabe.org.uk/files/design-and-access-statements.pdf

Appendices

Appendix E: Design Information Management - Documentation, Briefing and Specification Documentation On a traditional, fully-designed project, the contract documents may include:      

 

Articles of agreement and conditions of contract, for completing as a simple contract (or as a deed). Contract drawings. Bills of quantities. Specifications. Schedules of work. Perhaps an information release schedule. Consultants can be reluctant to produce information release schedules because of concerns about being held to the dates on the schedule (even where the progress of construction does not require information when the information release schedule proposes it). Failure to keep to the dates set out in the information release schedule may then be a matter for which the contractor can claim an extension of time and loss and /or expense. A schedule of tender adjustments or clarifications negotiated and agreed after the receipt of tenders and prior to the signing of the contract. The requirement for the contractor to provide a performance bond and to obtain collateral warranties from any specialist subcontractors or suppliers.

Both client and contractor should engross the contract by witnessed signatures prior to commencement of work. In practice the administrative effort of collating all necessary paperwork can be overtaken by the desire to begin construction. In such circumstances it becomes harder to sort out any disputes as to the content. There have been cases where the courts have had to interpret an implied contract when the contract has remained unsigned. On design and build projects, the contract documents may comprise:     

The articles of agreement and conditions of contract. The employer's requirements. The contractor's proposals. The contract sum analysis. Possibly bills of quantities (for some or all of the design)

http://www.designingbuildings.co.uk/wiki/Contract_documents_for_construction Briefing Briefing is the process of identifying a client’s need and finding an appropriate solution. A brief is a product of that process and is produced at key points in the project and formalizes decisions and instructions in a structured document. The briefing process is iterative and moves from the general to the particular. Once its new building is occupied the organization will continuously test it to see that it is enabling the organization to carry out its activities. Design is an integral part of the briefing process with much of briefing carried out through design. There are three stages to the briefing process: the pre-project stage, project stage and post-project stage. Specifications Specifications definition: A document that describes the materials and workmanship required for the project. They do not include cost, quantity or drawn information and need to be read alongside the contract documents (the quantities, schedules and drawings). Workmanship clauses should appear here and not on the drawings of bill of quantities. Specifications definition BS 5760: PART 4 “A Specification is a means of communicating in writing the requirements or intentions of one party to another in relation to a product, service, material, procedure or test.” The specification incorporates contract particulars, employer’s requirements and contractors’ liabilities as well as a full specification of the materials and the workmanship. This should not contain quantities. BIM is structured to take full advantage of CPI (CPI- Co-ordinated Project Information- Guidance for best practice).

Appendices

How to read specifications:   

To be read by the contractor’s estimator as the only information available on which to prepare the competitive tender. To be read by the QS to enable a bill of quantities to be prepared as the basis for the tender. To be read by the contractor’s agent and the clerk of works during the progress of the contract as the architect’s instructions to carry out the work.

The Approach: Prescriptive: Architect has design responsibility and the Contractor carries out the works in accordance with the drawings and specification. The designer defines precisely what is required and is 100% responsible. Supplier/Contractor does as he is told.          

Define scope Define materials, products and systems Define workmanship No performance criteria No product testing Site testing may be required: Water testing – weather tightness, integrity Acoustic testing – site performance, installation Smoke testing – site performance, installation Materials and Workmanship

Descriptive: Contractor has design responsibility. The works are specified by performance and reference to the Design Intent drawings. Designer controls design intent and defines performance criteria. Supplier uses his specialist skills and expertise to complete the design and provides detailed design information   

Specification ‘type’ will affect the level of detail on your drawings Check appointment Backed up by Contract

Performance: Designer defines performance criteria. Supplier uses his specialist skills and expertise to satisfy performance only.     

Performance format Define performance Define testing Products: Check validity of manufacturer test data Product at point of installation

The specification needs to address: Preliminaries/ Project management: Contracts, tendering, site set-up, limitations, quality control, security and safety. Work sections: Systems and products, performance, execution (installation or application), completion requirements. Using Specification Precedents:     

Previous project specifications British and European Standards Building Regulations and Legislation Manufacturer’s information and technical representatives NBS

Specification for the QS. In order for the QS to prepare the bill of quantities, instructions must be given by the architect. These do not have to be as detailed as to the contractor but the specification must be sufficient enough to ensure that all costs are described. These can be in the form of notes or notes on the drawings. This is not a contract but has to conform to the standards of CPI.

Appendices

This specification must be read in conjunction with the measured items (the bill of quantities). Things to know about specifications: 

     

The specification must be written extremely precisely and to be completed in detail. - This is one of the contract documents that will convey exactly to the contractor what is wanted and thus protects the client from claims for extra payment what would arise from vagueness and uncertainty. For design and build projects an outline specification may be sufficient at tender stage. For traditional projects a full specification should be completed before inviting tenders. If the contract specifies how work should be supervised, or that materials used should be new, then do not repeat this in the specification. If the law requires that water fittings comply with the Water Regulations, there is no need to say so in the specification. Compliance with Building Regulations also follows this principle Drawings must be accompanied by descriptive notes, this is particularly useful when there are no quantities or notes from the architect when expressing requirements. The specification is usually supplied to the QS in full.

Barrett, P. & C. Stanley (1999) Better construction briefing, Blackwell Science Blyth, A. & J. Worthington (2001) Managing the brief for better design, Spon Pres Hyams, D. (2001) Construction companion to briefing, RIBA Publications.

Appendices

Appendix F: Building Control, Access, Equality Act & Health and Safety Law Building Regulations Approval How to get approval The building regulations apply to most building work, therefore it is important to know when approval is needed. The responsibility for checking the Building Regulations have been met falls to Building Control Bodies - either from the Local Authority or the private sector as an Approved Inspector. The person carrying out the work has the choice of where to get approval for the building work. How to get approval depends on whether a Local Authority Building Control service or an Approved Inspector Building Control service is being used. The approval process The approval process will depend on whether you choose to use the Building Control services of a Local Authority or an Approved Inspector. If you use an Approved Inspector then you should jointly notify the Local Authority that the Approved Inspector is carrying out the building control function for the work. This is called the "Initial Notice". If you use a Local Authority, the procedures are set out in the Building Regulations. Some of them relate to pre-site procedures and others relate to procedures once work is underway on site. Pre-site approval If you choose to use a Local Authority building control service, there are three types of application for approval you can make. There is a charge payable for these applications, which may vary between Local Authorities, but is regulated by the Building (Local Authority Charges) Regulations 2010. You should contact your Local Authority for details of their charges. Full plans or building notice. On site approval The Building Control Service will make statutory and routine inspections as the work progresses to ensure compliance with the building regulations and other allied legislation. If you are carrying out building work you are required, under the Building Regulations, to give the local authority notice of when the work has reached a particular stage. The local authority will explain about the notification procedures which the regulations require you to follow at various stages of the work All info from: http://www.planningportal.gov.uk/buildingregulations/ http://www.cravendc.gov.uk/article/1484/Making-a-Building-Control-Application

Access Design Criteria: ď&#x201A;ˇ

Building Regulations Approved Documents; o A (Structural Safety), o B (Fire Satey), o D (Toxic Substances), o K (Protection from Falling) o M (Access to and use of Buildings) Part M (Access to and use of buildings) primarily deals with ensuring that the built environment is accessible to a broad range of users including disabled people in both employment and in accessing services. Approved Document M sets out reasonable provision for access in most common circumstances and establishes a baseline of cost effective measures. The Approved Document includes guidance on the design of staircases, handrails, guarding, manifestation of glazing (markings to prevent people walking into glass panels) and collision risks from doors which overlap with guidance in Part K and Part N.

Appendices

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/8399/2076701.pdf    

British Standards BS8300, BS9999 Best practice guidance Planning requirements Grant conditions

Process of Access integration:      

Ensure inclusion is considered at all stages Both the built environment & policies Review the design, again and again Obtain consents Check on site Handover documentation

Equality Act The Equality Act 2010 (the Act) replaces previous anti-discrimination laws with a single Act. The public sector Equality Duty (section 149 of the Act) came into force on 5th April 2011. The Equality Duty applies to public bodies and others carrying out public functions. It supports good decision-making by ensuring public bodies consider how different people will be affected by their activities, helping them to deliver policies and services which are efficient and effective; accessible to all; and which meet different people’s needs. The Equality Duty replaces the three previous public sector equality duties - for race, disability and gender. The Equality Duty now covers the following protected characteristics:  age  disability  gender reassignment  pregnancy and maternity  race - this includes ethnic or national origins, colour or nationality  religion or belief - this includes lack of belief  sex  sexual orientation  marriage and civil partnership (only in respect of the requirement to have due regard to the need to eliminate discrimination) The Equality Duty has three aims. It requires public bodies to have due regard to the need to:   

eliminate unlawful discrimination, harassment and victimisation and any other conduct prohibited by the Equality Act; advance equality of opportunity between people who share a protected characteristic and people who do not share it; and foster good relations between people who share a protected characteristic and people who do not share it.

Health and Safety Law All workers have a right to work in places where risks to their health and safety are properly controlled. Health and safety is about stopping you getting hurt at work or ill through work. Your employer is responsible for health and safety, but you must help. Employment Medical Advisory Service via HSE’s website: www.hse.gov.uk. Construction design and management (CDM) The Construction (Design and Management) Regulations 2007 (CDM) can help you to:  improve health and safety in your industry  have the right people for the right job at the right time to manage the risks on site  focus on effective planning and manage the risk - not the paperwork Everyone controlling site work has health and safety responsibilities. Checking that working conditions are healthy and safe before work begins, and ensuring that the proposed work is not going to put others at risk, require planning and organisation. This applies whatever the size of the site. CDM 2007 places legal duties on virtually everyone involved in construction work. Those with legal duties are commonly known as 'dutyholders':

Appendices

     

Clients CDM co-ordinators Designers Principal contractors Contractors Workers

A CDM co-ordinator is only required where the project is notifiable. Their main duties are to:       

advise and assist the client with their duties notify details of the project to HSE co-ordinate health and safety aspects of design work and co-operate with others involved with the project facilitate good communication between the client, designers and contractors liaise with the principal contractor regarding ongoing design work identify, collect and pass on pre-construction information prepare/update the health and safety file

http://www.hse.gov.uk

Appendices

Appendix G: Value, Price, Cost in Design Construction Costs and Value Cost Management of a small project  Estimating and cost planning  Tender enquiries  Tender analysis  Cost control and variations  Prime cost sums, provisional sums and client direct works  Final account Definitions: Estimation; determination of possible cost of building, e.g. Floor Area method, Functional Unit method, Elemental method Cost plan; critical breakdown of the cost limit for the building (provides a statement of how the design team proposes to distribute the available budget among the elements of a building) e.g. Elemental method. Other considerations to cost management; Shape, Storey heights, Location, Contingency and Inclusions/exclusions Stage 1 (Prep. and Brief), Order of Cost Estimate have to be determined, during or by the end of the stage. Stage 4 (Technical Design), Formal Cost Plans (1,2,3) Cost checking occurs as well as tendering enquiring.

Tender Enquiries Tender: A written invitation sent to potential suppliers of a good or service to inform them about the information required for the buyer to choose among them. Issuing a tender document typically begins the tender process by which a business selects qualified and interested suppliers based on such things as their price, availability and proposed delivery terms.  

Tender documentation is to be prepared in order to enable the tendering contractors to submit a tender for the works. In major projects the bill of quantities is to be prepared. However on smaller projects where there is no bill of quantities, the tender documentation will comprise of specification drawings, with the tenders having to prepare their own quantities in order to price the work.

Documents sent to contractors to price:  Bills of Quantities / Work Schedules  Specification  Drawings  Form of Tender  Tender envelope Prime cost sums, provisional sums and client direct works Prime cost sum is a sum of money included to be spent on materials or goods from (nominated) suppliers or for works to be undertaken by (nominated) sub contractors, e.g.; Ceramic wall tiles at £30/m2 or ironmongery for doors at £100/door Provisional sum  Sum for work which is not completely designed Defined provisional sum  

Sum for work which is not completely designed but the following information can be provided Nature and construction of the work

Appendices

 Statement of how and where the work is fixed to the building and what other work is to be fixed thereto  A quantity or quantities which indicate the scope and extent of the work Undefined provisional sum  Sum for work which is not completely designed and where all the information above cannot be provided Client direct works   

Artists and tradesmen Include in preliminaries – state details of work, attendances required eg Carpets, telephone installations, curtains, blinds etc

Final Account The final account is an adjusted contract sum, adjustment of provisional sums and prime cost sums and for loss and /or expense Client direct works Cost Plans To give an early indication of cost or to give architects guidance on the fixed budget, critical factors the QS needs to know are;  Location  Shape or form of likely building  Use  Quality level  Idea of construction Target Cost Plan    

Evolution of the cost plan before going to tender. The design is developed, reviewed and a decision made via this process to ensure tenders match the forecast cost. Advantage for Architect and Engineers – can see effect before committing drawings QS can quickly and accurately advise on consequences of specification or area change The cost plan becomes the control document for the design process and all team members.

Management once the cost plan is agreed 1. 2. 3. 4. 5.

Out to tender Tender report and analysis Cost Control Reports – variations and change to times, claims etc each month on site Final Account Analysis of costs

Appendices

Cost Plan for a 250 m extension, to a public educational building. Cost £ Substructure

GIA (apx.) £.

250 m £/m2

% of total cost

17,875

71.5

4.9

Superstructure Frame

8,818

35.27

2.42

Upper floors

9,470

37.88

2.6

Roof

38,033

152.13

10.44

Stairs

8,000

2.2

External walls

42,055

168.22

11.54

Windows and External Doors

24,105

96.42

6.62

Internal doors

4,200

24.8

1.7

Internal walls and partitions

6,200

16.8

1.15

563.52

38.67

Totals

140,881

Internal Finishes Wall Finishes

13,513

54.05

3.71

Floor Finishes

7,513

30.05

2.06

Ceiling Finishes

7,565

30.26

2.06

28,591

114.36

7.85

18,500

5.06

Sanitary appliances/disposal

7,500

2.06

Mechanical installations

21,485

85.94

5.9

Electrical Installations

18,360

73.44

5.04

BWIC Services and Installations

1,563

6.25

0.43

Lift Installations

22,000

6.04

Totals

70,908

283.63

19.46

Totals Furniture and Fittings

Services and installations

Appendices

Appendix H: Listed Building Consent Application and Conservation of Buildings How to Apply for Listed Building Consent Listed Building Consent is administered by your local authority. You can download an application form from your local authority's website. Advice and guidance can also be obtained by visiting the government's Planning Portal website. There is no fee. How Long Does It Take? Local authorities aim to return a decision on smaller schemes within eight weeks, allowing up to 13 weeks for major proposals. This includes a statutory 21 day consultation period where neighbours, amenity societies and other interested and relevant parties will be consulted. If the application involves a Grade I or Grade II* listed building, demolition, or is particularly complicated, the case will be forwarded to English Heritage for expert advice. This is also the case for certain categories of work to Grade II listed buildings. We return our advice to the local authority within 21 days or to an agreed timetable. What Can or Can't Be Done? Speak to your local authority Conservation Officer to check that you do need to make an application for Listed Building Consent. When a Council considers whether to grant or to refuse an application it must have special regard to the desirability of preserving the building, its setting and those features which make it special. Therefore consideration should also be given to these things when planning proposed changes. Listed status covers a whole building, inside and out. Common works requiring consent might include the replacement of windows or doors, knocking down internal walls, painting over brickwork or altering fireplaces. Our Charter for Advisory Services gives advice on what to provide with an application for consent. Pre-Application Discussions Pre-application discussions with the local authority Conservation Officer in order to check if consent is required, to get an outline of what might be acceptable and find out whether ideas need to be adapted to make them more likely to succeed. This simple step could save a lot of time and money. In exceptional cases, grants are available from English Heritage for repairs to listed buildings. English Heritage grants are usually only available for Grade I or Grade II* listed buildings (although in London certain categories of Grade II listed buildings can be considered) but all applications are considered on their individual merits. Local authorities also have powers to give grants to owners of listed buildings. What Happens If Consent Is Refused? If consent is refused you have six months in which to appeal to the Secretary of State for Communities and Local Government (DCLG), or you can amend your plans, based on the written advice provided, and re-apply. What Happens If Work Is Done Without Consent? Carrying out unauthorised works to a listed building is a criminal offence and individuals can be prosecuted. A planning authority can insist that all work carried out without consent is reversed. You should therefore always talk to the local planning authority before any work is carried out to a listed building. An owner will have trouble selling a property which has not been granted Listed Building Consent for work undertaken. https://www.english-heritage.org.uk/professional/advice/our-planning-role/consent/lbc/

Requirements The documents required for a typical 'traditional' (non-electronic) application for listed building consent are:  A completed application form. Location Plan, in context  At 1:1,250 or 1:2,500 using an OS map  The Site outlined in red and any other land owned or controlled by the applicant outlined in blue. Site Plan  At 1:500 or 1:200 showing site boundaries, roads and trees Other plans

Appendices

 Plans and elevations at 1:100 or 1:50 (again, these may not all be appropriate in all circumstances).  Detailed drawings at 1:20, or larger, for specific items of work and detailing. Other Documentation  A certificate of ownership in accordance with Section 11 of the Listed Buildings Act. There are four certificates A-D, covering a range of circumstances. Where the applicant is not the building owner, notices must also be served.  Design and Access Statement. Heritage Statement The National Planning Policy Framework (NPPF) states requirement for the inclusion of a Heritage Statement in applications affecting Heritage buildings. The statement should be “proportionate” and “no more than is sufficient”. Local authorities normally now require a Heritage Statement to be prepared to inform and accompany proposals affecting heritage assets. “Briefly, a Heritage Statement should set out details of the history and development of the asset, using photographic, map, archival and fabric evidence. It should be accompanied by a photographic record, showing the site context and spaces and features which might be affected by the proposal, preferably cross-referenced to survey drawings. It should include an assessment of the archaeological, architectural, historical or other significance of the asset. It will also normally be necessary to include an assessment of the impact of the proposed works on the significance of the asset, and a statement of justification for those works, together with details of any mitigation measures proposed.” Listed Building Application Requirements Submissions may now be made either by hard copy or electronically, via the Planning Portal. The documents required for a typical 'traditional' (non-electronic) application for listed building consent are: • •

A completed application form. A site location plan, based on an ordnance survey plan, at 1:1,250 or 1:2,500 scale showing the site outlined in red and any other land owned or controlled by the applicant outlined in blue • A site plan at 1:500 or 1:200 showing site boundaries, roads and trees • Plans and elevations at 1:100 or 1:50 • Detailed drawings at 1:20, or larger, for specific items of work and detailing. • A certificate of ownership in accordance with Section 11 of the Listed Buildings Act. There are four certificates A-D, covering a range of circumstances. Where the applicant is not the building owner, notices must also be served. • A Design and Access Statement or Design Statement. This should briefly set out the history of the building and its historical development, the background to the proposals which form the basis of the application, the reasoning behind the proposals, how these fit into the context of the building itself, and how they help to preserve the special character of the building and to preserve the historic fabric, and why the proposed intervention is justified.” http://www.buildingconservation.com/articles/listedbuilding/listedbuilding.htm • • • •

Listed Building Consent Applications are free. It is an offence to alter a Listed Building unless Listed Building Consent has been granted by the LPA. During the 21 day statutory consultation period, the LPA is required to consult neighbours, as well as certain statutory bodies. These include Sport England, and English Heritage for a Listed Building Grade II* or I. pg. 200. Applicants should check how the application is progressing periodically after submission, in case clarification or additional information is required. It may also be possible to see if an application is likely to be approved or refused. pg. 201

Chappell, D & Willis, A (2010) The Architect in Practice. 10th Edition. Wiley-Blackwell.

Appendices

Appendix I: Integrated Working, Project Delivery â&#x20AC;&#x201C; Integrated Specification Types RIBA Work Stages 2013

Work Stage Related Objectives

Specification Status

0- Strategic Definition

Business Case and Strategic Brief

1- Preparation and Brief

Project Objectives, Quality Objectives, Project Outcomes, Sustainability Aspirations, Project Budget, Initial Project Brief, Feasibility Studies, Site Information

2- Concept Design

3- Developed Design

Concept Design, Cost Information, Project Strategies, Design Programme, Final Project Brief Developed Design, Cost Information, Project Strategies, Design Programme

Contain information required to brief the production team and ensure understanding and agreement of scope and specification by the client Outline specification for final project brief: i.e detailed specification for environmental system or services

Outline specification for final project brief

4- Technical Design

Technical Design, Design Responsibility Matrix, Project Strategies, Design Programme.

Prepare specialist subcontractor designs in accordance with Design Programme

5- Construction

Construction, Programme, Design Queries

â&#x20AC;˘ Specification and construction information to be approved before, or during, construction

6- Handover and Close Out

Building Contract

7- In Use

In Use, Schedule of Services

Construction

Appendices

Appendix J: Integrated Procurement QA- Quality Assurance Quality Assurance (QA) refers to administrative and procedural activities implemented in a quality system so that requirements and goals for a product, service or activity will be fulfilled. Two principles included in QA are: 1. 2.

"Fit for purpose“ - the product should be suitable for the intended purpose "Right first time“ - mistakes should be eliminated Management of the quality of raw materials, assemblies, products and components, services related to production, and management, production and inspection processes.

‘Lean Thinking’ (Womack and Jones, 1996) , Womack and Jones’ five principles are: 1. Specify what creates value from the customers perspective 2. Identify all steps across the whole value stream 3. Make those actions that create value flow 4. Only make what is pulled by the customer just-in-time 5. Strive for perfection by continually removing successive layers of waste Value is: “a capability provided to the customer at the right time at an appropriate price, as defined in each case by the customer” ISO 9000 The ISO 9000 family of standards is related to quality management systems designed to help organizations ensure that they meet the needs of customers and other stakeholders while meeting statutory and regulatory requirements related to the product. Controlled Documents (Quality Management Systems). Some QMS documents are referred to as ‘controlled documents’. All documents should be issued under controlled conditions as set down in the procedures but those designated controlled documents are individually numbered and issued to specific people. This enables the issued copies to be identified and checked regularly to ensure that they are up-to-date. Management Reviews The Standard requires that top management must review all aspects of the quality system at planned intervals including:    

The effectiveness of audits of the system. The performance of suppliers (eg specialist consultants that may have been engaged, and contractors). Review of client feedback and complaints The interchange of information, problems and other project related issues, which may be beneficial to other personnel within the practice.  Determine and review CPD and training requirements. Quality Manager For good practice and especially for organisations seeking accreditation, senior management must appoint a member of the management who has responsibility and authority that includes:  Ensuring that processes needed for the quality management system are established, implemented and maintained,  Reporting to senior management on the performance of the quality management system and any need for improvement, and  Ensuring the promotion of awareness of customer requirements throughout the organisation. Some of the tasks allotted to the Quality Manager may be delegated to any appropriate staff. The role of Quality Manager need not be considered a full time job and the incumbent will inevitably wear a number of other hats.

QMS Requirements for RIBA Chartered Practices

Appendices

RIBA Chartered Practices must have an appropriate, formalised and properly utilised quality management system in place. All quality management systems must provide for the establishment of a clear design leadership structure for each project, ensuring that the design work is the ultimate responsibility of a Chartered Architect. Certification Before the certification body can issue or renew a certificate, the auditor must be satisfied that the company being assessed has implemented the requirements of sections 4 to 8. Sections 1 to 3 are not directly audited against, but because they provide context and definitions for the rest of the standard, their contents must be taken into account. Benefits of implementing a QMS       

Allows you to become a more consistent competitor in your marketplace Better quality management helps you meet customer needs More efficient ways of working will save time, money and resources Improved operational performance will cut errors and increase profits Motivate and engage staff with more efficient internal processes Win more high value customers with better customer service Broaden business opportunities by demonstrating compliance

Benefits of gaining accreditation     

Helps you demonstrate to stakeholders that your business is run effectively The process of achieving and maintaining the certification helps ensure that you are continually improving The regular assessment process improves staff responsibility, commitment and motivation Achieve better overall performance and cut costs Widen your market opportunities

Environmental Series of ISO 14000 standards designed to cover (First published 1996):      

Environmental management systems Environmental auditing Environmental performance evaluation Environmental labelling Life-cycle assessment Environmental aspects

management

product

standards

The standard is applicable to any organisation that wishes to:  Implement, maintain and improve an EMS  Assure itself of its conformance with its own stated environmental policy  Demonstrate conformance  Ensure compliance with environmental laws and regulations  Seek certification of its EMS by an authorised external certification body  Make a self-determination of conformance Risk Management   

Assess risks according to the likelihood of them occurring and the potential severity of their impact. Develop a simple matrix to show these two variables and help determine the most significant issues. Having identified and assessed the risks, a strategy should be devised to mitigate them and communicated to relevant people throughout the practice.

Appendices

Appendix K: Methods of Procurement Design and Build (D&B) Contract This procurement system has grown in relative popularity in the UK in recent years, and can be implemented in a variety of ways and under a number of names i.e. Design and construct, Develop and construct. The basic principle is that it places responsibility for both design and construction in the hands of the contractor. It can be seen as transferring an element of risk from the architect and the client to the contractor. It is often the case that although the contractor takes ‘responsibility’ for the design, as well as the construction, it is an architect that is employed by the contractor to carry of the design (unless building is very simple), including preparing the brief, feasibility work and the preparation of design and construction drawing. This would most likely be until RIBA Stage 3 (Developed Design) where the contractor, once Planning Permission was granted, would take control from the Technical Design stage. From this point on the architect may be novated by the contractor to carry our further work, such as construction details and preparation of further drawing packages, and depending on the contract agreement, detailing further the specification in preparation for the tendering process. Advantages:  Shift of risk to the contractor, not client or architect  Reduction of time requirements – target schedules and delivery generally met on time  Increasing popularity in construction industry  Greater certainty of price, if project carried out without undue change and project is organised effectively  Involvement of contractor from initial stages ensures greater buildability  Client has a single point of contact/responsibility with contractor Disadvantages     

Procurement approach is driven more by cost and time as opposed to quality Initial cost can be higher as the contractor may include a ‘risk premium’ within the quote Client has reduced control over the process Less flexibility in the design and build process Conflicts can arise between the client’s requirements and the contractor’s implementation, often traced back to the initial briefing and planning stages.

Traditional Often seen at the conventional system for project delivery, the Traditional procurement system is characterised by the separation of the design process and construction process. Under this contract, broadly speaking the client commissions the architect to take a brief, produce appropriate designs and construction information, invite tenders, administer the project during the construction period, and settle the final account. The architect, acts at the lead of the design team and is an independent advisor to you, and will also be responsible for the final design and how the project is administered. The contractor has no design responsibly, unless otherwise specified, and constructs in accordance with the design provided by the architect, on behalf of the client. Advantages  Client has greater control over the design team – choice of contractors and sub-contractors  Greater clarity among contractors and consultants for their roles and responsibility as are clearly defined  Duty to report to client by design team – helps maintain control and overall quality  Architect is in control of standards and quality of design  Competitive tendering process – fair and achieves value Disadvantages     

Client has a greater deal of responsibility Separation of the contractor from the architect Can be an increased risk of additional costs Often more time consuming as a greater amount of detailed design work has to be prepared prior to tender Contractors may reduce price to win contract – can lead to compromises on quality and sometimes time.

Appendices

Private Finance Initiative (PFI) Contracts Introduced in 1992, it is not a procurement system as such as can be used in conjunction with the other common systems i.e. design and manage. In was seen as a "way[s] to increase the scope for private financing of capital projects". Most commonly, and effectively used with Design and Build. Generally PFI is only suitable for large-scale projects with a capital cost of over £20 million, such as infrastructure projects, hospitals and schools. Preferred by Government Construction Strategy for central civil government projects. On PFI projects, a single integrated supply team is appointed with design, construction and facilities management expertise to design and build a development and then to operate it for a period of time. A special purpose vehicle (SPV), of which the integrated supply team is a part, finances the project and leases it to the government for an agreed period (perhaps 30 years) after which the development reverts to government ownership. As this is a very long-term relationship, entered into before any design work has been undertaken, it is extremely important that the client defines their requirements properly, in particular the quality that is required and how it will be judged. This is done through the preparation of an output-based specification. This makes the output-based specification a crucial document upon which the successful design and the operation of the development will hinge. The client may need to appoint independent client advisers to help them with its preparation. Pros and Cons 

PFI - All risk on others, rather than client (as opposed to traditional) - With recognition that payment of a premium will ensure that entry price = exit cost (fixed price contract)  Most design and construction risk on a PFI project sits with the main contractor  Contractor employs the design team – this is not the traditional approach and can be battle of the ego’s  Contractors risk on design can be lessened if the architect demonstrates they have considered all elements of design risk – the makings of a good partnership.  Often seen as inflexible  Special purpose vehicles (SPV’s) take on a great deal of risk  Planning risk is a serious and contentious issue, as the project will be tendered before designs have been prepared. The client should at least consult the local planning authority to establish the likely planning parameters for the project and perhaps seek a screening opinion as to whether an environmental impact assessment will be required before seeking bids. http://www.designingbuildings.co.uk/wiki/Private_finance_initiative Chappell, D. and Willis, A. (2010). The architect in practice. Oxford: Blackwell Pub.