dyk newsletter summer 2011

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DID YOU KNOW? THE CALFORDSEADEN NEWSLETTER SUMMER 2011 ALSO INSIDE . . . REPORTS OF MY DEATH ARE GREATLY EXAGGERATED Mark Mitchener discusses the future of regeneration with Paul Miller PUTTING RESIDENTS FIRST Silver Award winner Cotney Croft & Peartree Way THE DILAPIDATIONS PROTOCOL An effective solution to terminal dilapidations? BIM UPDATE Putting BIM into practice at Cheam Village ASBESTOS Is the legislation gathering dust? Better safe than sorry - the importance of maintaining your asbestos register FIRE A catastrophe waiting to happen How a fire risk assessment can help safeguard against disaster BACK TO BASICS FOR SCHOOL BUILDINGS? Proposals for a new capital spending regime for schools . . . GUEST ARTICLE GUEST ARTICLE

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Page 1: DYK Newsletter Summer 2011

DID YOU KNOW? THE CALFORDSEADEN NEWSLETTER SUMMER 2011

ALSO INSIDE . . .

REPORTS OF MY DEATH ARE GREATLY EXAGGERATEDMark Mitchener discusses the future of regeneration with Paul Miller

PUTTING RESIDENTS FIRSTSilver Award winner Cotney Croft & Peartree Way

THE DILAPIDATIONS PROTOCOLAn effective solution to terminal dilapidations?

BIM UPDATEPutting BIM into practice at Cheam Village

ASBESTOSIs the legislation gathering dust?Better safe than sorry - the importance of maintaining your asbestos register

FIREA catastrophe waiting to happenHow a fire risk assessment can help safeguard against disaster

BACK TO BASICS FOR SCHOOL BUILDINGS?Proposals for a new capitalspending regime for schools . . .

GUEST ARTICLE

GUEST ARTICLE

Page 2: DYK Newsletter Summer 2011

INTRODUCTION

Jo Parody talks about the newprogramme that replaces BuildingSchools for the Future (BSF) and how calfordseaden can get real value for schools in his article ‘Fitness for Purpose’.

calfordseaden have designed several newprimary school facilities for Kent CountyCouncil that have been carefully designed to enhance the enjoyment of learning and endeavour to bring out the full potential of pupils.

Lead architect Christopher Rainsford shares his understanding of the elements required to create state of the art learning spaces forchildren with autism who are easily distractedby their environment. These schools have been modelled using Revit to deliver BIM(Building Information Modelling). In our BIMupdate, Gary Barley and John Spence furtherdiscuss this process, explaining the benefits to all parties involved on a building project when BIM is used.

Guest writer, Mark Walkington of BatchelorsSolicitors, examines the benefits of ‘TheDilapidations Protocol’ and how this can offerearly advice to help avoid needless expensewhen a terminal dilapidations claim arises.

Turning to the future of regeneration, our second guest writer Mark Mitchener of Rydon Construction joins Paul Miller to discuss the prospects of communityregeneration schemes and how they may be funded in the future.

All articles from this edition of DYK?, along with further news from calfordseaden, is available on our website at:

www.calfordseaden.co.uk/news

For further information contact:

Jo Parodyat our Orpington officeT 01689 888222 E [email protected]

As the school year draws to a close this edition ofDYK? turns the spotlight on schools of the future‒ the new capital spending system proposed bythe Government, plus the recent achievementsin creating modern schools.

Page 3: DYK Newsletter Summer 2011

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CONTENTSFITNESS FOR PURPOSEProposals for a new spending regime for schools.Pages 1-2

THE DILAPIDATIONS PROTOCOLAn effective solution to terminal dilapidations? Page 3

A CONVERSATION WITH ANDY YALLOPThe Chairman of Croudace Homes speaks of the radical changes in the housing sector.Page 4

PUTTING RESIDENTS FIRSTSilver Award winner Cotney Croft & Peartree Way.Pages 5-6

NEW SCHOOLS FOR KENT COUNTY COUNCILDesigning schools for evolving educationaltechniques.Pages 7-8

REPORTS OF MY DEATH ARE GREATLYEXAGGERATEDMark Mitchener discusses the future of regeneration with Paul Miller.Pages 9-10

WITH NO DRAINAGE APPROVAL THERE’S NO PLANNING APPROVALMaximising the use of Sustainable Drainage Systems (SUDs).Page 11

BIM UPDATEPutting BIM into practice at Cheam Village.Page 12

THE RISING COST OF LIGHTThe consequences of developments involving an injunction for loss of light.Pages 13-14

ASBESTOS - IS THE LEGISLATIONGATHERING DUST?The importance of maintaining your asbestos register.Page 15

FIRE - A CATASTROPHE WAITING TO HAPPENHow a fire risk assessment can help safeguardagainst disaster.Page 16

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ALL ARTICLES ARE AVAILABLE ON OURWEBSITE: WWW.CALFORDSEADEN.CO.UK

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7GUEST ARTICLE

GUEST ARTICLE

Page 4: DYK Newsletter Summer 2011

he report delves into the Building Schoolsfor the Future (BSF) record, to see iflessons could be learned and looks at

proposals for a new capital spending regime for schools. It is too early to be talking aboutthe BSF ‘legacy’ but it will reflect poorly on thesystem where focus was on transformation forthe few and neglect for the many. Targeting‘Fitness for Purpose’ is the new agenda.

There is much to be resolved emanating from the report and the industry response is mixed. The ‘Fitness for Purpose’ agenda needs to be developed and thereis a need to clarify what this means. Building condition is at the forefront of this.

At calfordseaden a large proportion of our work with schools revolves around establishing the stockcondition, looking at maximising the use of theaccommodation and squeezing more out of what isavailable for the schools both in terms of money andspace. In effect, getting real value for the schools viapractical, economic and realistic means.

FITNESS FOR PURPOSE

The independent review of Education Capital led bySebastian James, Director of Operations at Dixons Plc,has just been published. It has identified a myriad of issues to drive the way forward. The Governmentare reviewing this report and a response is eagerly awaited. Jo Parody explains.

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Page 5: DYK Newsletter Summer 2011

In many instances this requires amixture of refurbishment and newbuild extension with an element of‘refresh’. Our multi disciplinary teamsare looking at the estate as a wholeand are seeking solutions that aretailored to the reduced financialcapital available. We are planning theschool’s future needs and spendingprofile required working with ourclient business management teamsand setting up realistic budgetinformation so that schools can plan ahead positively.

From these reviews and wherenecessary, we have assisted inpreparing bids for the PfS (Price per Square Foot) Capital Funds.

We are looking at other elements of the James Review. The‘standardisation’ strand is veryinteresting. Solutions that offerexcellent value for money andsignificant programme, quality,sustainability and health and safetybenefits are available. We havedesigned and delivered a number ofoff-site manufactured schemes andthe quality aspects are exceptional.

‘Standardisation’ can relate to manythings but it does not have to deflectfrom attainment of high quality, greatvalue ‘bespoke’ accommodation. You can use both terms together. We continue our innovative work in this field across all our disciplines.

For further information contact:

Jo Parodyat our Orpington officeT 01689 888222 E [email protected]

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Reclaimed Sea Containers at Fawood Nursery, Stonebridge and purpose the recently completed Hayes School, Bromley.

Page 6: DYK Newsletter Summer 2011

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AN EFFECTIVE SOLUTION TO TERMINAL DILAPIDATIONS?The Dilapidations protocol may prove to be a timely alternative to costly and timeconsuming litigation. Speedy resolution of claims encourages certainty and can benefit Landlord and Tenant.

he Dilapidations Protocol now has the teeth ofCourt backing and requires parties to disclose and exchange information in a systematic way

without exaggeration before proceedings. Failure tofollow it could result in cost penalties or other sanctions. It has many advantages:

Claims are properly set out and easier to understand;Fewer claims are speculative, and there is less frustrationof legitimate claims;Speed and cost of resolution;Less risky environment to challenge the other party’s position.

THE DILAPIDATIONSPROTOCOL

The economy remains in a precarious state. Tenants arepruning expenditure on property maintenance, leaving open the prospect of a surge in terminal dilapidations claims.Landlords need to be vigilant to avoid breaches of repairingcovenant accumulating, without pushing the Tenant intoinsolvency. Mark Walkington of Batchelors Solicitors explains.

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TO READ THIS ARTICLE IN FULL,VISIT OUR WEBSITE: WWW.CALFORDSEADEN.CO.UK/NEWS

Page 7: DYK Newsletter Summer 2011

Another area in which Michael wasinterested to hear Andy’s opinion isthe Government’s approach to zerocarbon and how responsibility ismoving to providers and occupiers. In response to this Andy highlightsthe fact that new skills are requiredwhen designing and constructingnew homes. Andy also sheds somelight on how the credit crunch hashad a negative effect in the publicand private sector, the lack of finance for affordable homes and the devastating impact on first time buyers.

For further information contact:

Michael Whatfordat our Orpington officeT 01689 888222 E [email protected]

A CONVERSATIONWITH ANDY YALLOP

Inevitably there are imperfections. The relative commercial strength of the parties may influence theircommitment to the spirit of theProtocol, and the court’s costssanctions only apply when courtproceedings are afoot.

It is important to take earlyprofessional advice about a possibleterminal dilapidations claim to ensure compliance with the Protocol,and to avoid unnecessary costs.

Mark Walkington advises on a wide range of Landlord & Tenant,Property Litigation and PropertyFinance matters.

For further information contact:

Mark WalkingtonManaging Partner and Head ofCommercial, Batchelors SolicitorsT 020 8768 7033E [email protected]

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Michael Whatford recently met with Andy Yallop, Chairman ofCroudace Homes, to discuss thechanges in housebuilding over recent years and how it is now evolving.

TO READ THIS ARTICLE INFULL, VISIT OUR WEBSITE: WWW.CALFORDSEADEN.CO.UK/NEWS

Andy gives his view on the state of the sector and the effectslocalism will bring. He also touches on how the planningsystem has changed throughout the 30 years he has beenworking in housing.

Page 8: DYK Newsletter Summer 2011

COTNEY CROFT AND PEARTREE WAYCompleted in March 2011, these homes for social rent are enabling families to lead sustainable lifestyles and benefit from reduced bills, whilst providing a body of research on sustainable homes.

Selected by Stevenage Borough Council, Home Group and its multidisciplinary team have recognised that sustainability isn’t just about tackling different issues in isolation but about taking a holistic approach to placemaking; ensuring that ecological, social andeconomic factors all combine to create a positivefoundation that underpins a healthy, vibrant and happy community.

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calfordseaden acted as project manager andprovided metering and monitoring services at Cotney Croft and Peartree Way, which havebeen designed to the highest sustainablecredentials. Terry Keech highlights ourinvolvement.

PUTTINGRESIDENTS FIRST

Cotney Croft and Peartree WaySILVER AWARD WINNER The Green Apple Awards 2011

Page 9: DYK Newsletter Summer 2011

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The end result is eight family homesthat residents find warm, spacious andefficient, without the need to mastercomplicated or confusing technologies. Built to meet Code for SustainableHomes Levels Five and Six this schemewill act as a blueprint for othersustainable affordable developments.The originality of this scheme lies in its exemplar contemporary design, the desire to improve the social andeconomic stability of residents’ liveswhilst promoting a green lifestyle, and the commitment to a two-yearmonitoring programme. This PhDresearch led by calfordseaden andAnglia Ruskin includes the provision of touch screen monitors enablingresidents to monitor energygeneration/consumption and CO2

emissions within their homes plus the transmission of data via internet link to the project team.

The main design aim has beento concentrate on the passivedesign of the building, makingthe materials and constructiontechniques work as hard aspossible to substantially reducethe energy consumption of the building.

A ‘resident first’ approach has been adopted to make the buildingseasy to operate and maintain. As part of the on-going involvement in the monitoring, regular meetings withthe residents are being carried out so that a real understanding of livingwithin low energy homes can beachieved to shape future designprojects and also to ensure the residents get the most out of their home.

Early indications from the residentsshow substantial savings in energycosts, which are linked to the benefitsof the integrated PV roof tiles, lowenergy appliances and passive buildingdesign, but are also being developedfrom the education and informationprovided by the user friendly energymonitoring interactive display.

KEY FEATURES:

Timber frame construction withexcellent insulation, low U values and air tightness (3.6 m³/h.m²) toachieve Code 5 and 6;Whole house mechanical ventilationwith heat recovery system (MVHR);NorDan timber/aluminium compositewindows with high performanceglazing;Energy efficient light fittings and A++ rated white goods;Solar century C21e roof tiles (3.6 – 5.4KWp);Underground rainwater harvesting tanks;Permeable block paving;Heat treated external wood cladding (Thermowood);Materials responsibly sourced from the Green Guide;Demolition of the existing buildingsused to form the piling matt;Mixed waste skip with the majority of materials recycled;On-site composting.

For further information contact:

Terry Keechat our Orpington officeT 01689 888222E [email protected]

Page 10: DYK Newsletter Summer 2011

NEW SCHOOLSFOR KENTCOUNTY COUNCIL

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Educational techniquesare constantly evolvingand developing and the result can often be that better practice is constrained

and compromised by buildingsconstructed for a different set of circumstances. Christopher Rainsford.

his was the situation that Kent CountyCouncil found themselves in relation to a number of schools across the county

which led to calfordseaden being invited todesign new education units to enhance thelearning experience in four primary schools.

Two of the units are for children with autism. Understandingof this condition has developed rapidly in the last few yearsand there is now a significant body of knowledge and builtprecedent that we were able to review before embarking on our own designs.

One of the key areas in which our understanding has developed is how children with autism can be easilydistracted resulting in their education being severelyinterrupted and their behaviour being difficult to manage. It is this important area of design where we believe we have been able to significantly improve the provision ofappropriate space. Distraction can come from the nature of the interiors – busy colours or decorations, extraneous or internally generated noise, computer hum or flickeringlights, or simply from children moving out of sight andwandering away.

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KCC standalone sites

Page 11: DYK Newsletter Summer 2011

Through careful design calfordseaden haveachieved specialist units that are free of corridors,with the profile of the teaching spaces enhancingnatural daylight and ventilation, helping to controlsound reverberation.

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To counter these factors we havedesigned the autism units avoiding theuse of corridors or other space that isunlikely to be supervised. The teachingand ancillary spaces cluster around acentral space which can be used for a multiplicity of purposes and whilethese are active spaces there will beareas that can be used for libraries or IT areas which have a quieterambience. Although internal, the spaceis lit and ventilated by a large roof lightthat runs the length of the roof.

This theme is continued in theteaching spaces. The high ceiling curves upwards to a row of clerestorywindows, which means that daylightfloods into the classrooms from two directions and ventilation canlargely be achieved through naturalmeans using a stack effect to get rid of stale air.

The height of the room also helps with the avoidance of any disturbancecaused by reverberating sound whilethe roof itself is insulated to minimiseextraneous sound – particularly rain noise.

That same roof sweeps downbeyond the face of the building toprovide a safe covered external playarea in front of each classroom withdirect access between inside and out.

The remaining two units arerelated to work with children who have speech and language issues. The design, however, is consistentacross the four buildings where this is appropriate, since many of the issues relate across from one area of education to another.

The schemes have all been designedand modelled using Revit to deliverBuilding Information Modelling (BIM).This has, amongst other benefits,enabled the day lighting and back upartificial lighting to be modelled anddeveloped so that we have a firmconcept of the lighting contours acrossindividual spaces. In these cases the 3D output has helped immeasurably inengaging the interest and co-operationof the children and their teachers.

For further information contact:

Christopher Rainsfordat our Orpington officeT 01689 888222E [email protected]

Page 12: DYK Newsletter Summer 2011

are GREATLY EXAGGERATED”

oth our businesses remain actively involved in a variety of regeneration projects, including housing led

initiatives where we are jointly working with other Partners to deliver exciting and well designed mixed tenure and mixed use developments.

Rydon is acting under Joint Venturearrangements with RSL Partners, on bothPackington Estate regeneration and DurandClose Estate regeneration projects, withcalfordseaden acting as lead consultants.

Mark Twain’s now famous response to the prematurepublication of his obituary in the New York Journalmight be an appropriate line for supporters of towncentre regeneration in the midst of the negativity thatcurrently prevails in the construction and developmentsectors. Regeneration now provides one of the mostviable routes towards the provision of housing andservices, given the removal of direct governmentfunding for individual projects. But we need to becreative and clever about how to go about it. Today’sworld requires fresh thinking and a different approach.

Paul comments,

Past models for regenerationhave over-relied on heavy

up-front payments to buy land fundedby the rising prices of private housing.The collapse of housing values and thecontinued instability of this market hasundermined that model.”

Regeneration projects continue to feature askey markets for both calfordseaden and Rydon.Paul Miller and Mark Mitchener set out theirthoughts on the future opportunities forregeneration programmes.,

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“REPORTS OF MY DEATH

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Page 13: DYK Newsletter Summer 2011

Mark adds,

Land continues to be the key to any

regeneration and it is stillavailable. The public sector is said to own some 7,500hectares of unused land.Understanding how some of this land might be used to facilitate regeneration may be the key to re-energisingthe regeneration programme.”

Also of importance is the need for local authorities to continue to attractpeople into their towns by providing good services, opportunities to work andpleasant places to live. The government’sintention to allow local authorities to usetax increment financing may be a majorinitiative. This enables local authorities to reinvest a proportion of future businessrates back into infrastructure and relateddevelopment. It should allow them to raise often significant amounts ofredevelopment funds based on theadditional revenues they anticipate raising from the businesses they will attract.

Mark concludes

Striking the rightbalance between

providing work, living and leisure facilities in anyregeneration programme will be critical, as this willensure that the right mix ofcurrent and new businessesand residents move into theregenerated areas.”

Like Mark Twain, wethink there is life in the old beast yet.

For further information contact:

Paul Millerat our Orpington officeT 01689 888222 E [email protected]

Mark MitchenerManaging Director Rydon Construction LtdT 01342 825151E [email protected]

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Page 14: DYK Newsletter Summer 2011

THE ANSWER FOR THE FUTURE IS SIMPLEThe Act’s impact has yet to be felt as the secondarylegislation has yet to emerge. Nevertheless it is clear theAct will significantly change the way in which drainagedesign is developed and approved on the majority offuture projects. So what are the changes? These may besummarised as follows:

The establishment of SuDS Approving Bodies (SABs) at county or unitary authority level; The requirement for all new drainage systems to beapproved by the SAB prior to starting construction; SABs are to charge fees for approval and inspection of drainage; SABs will be statutory consultees in the Planningprocess: No approval, no planning consent!; New National Standards for design, construction,operation and maintenance of SuDS; Require SABs to adopt and maintain SuDS that servemore than one property; Removes the automatic right of connection underSection 106 to the public surface water network; Highway authorities will be responsible for maintainingSuDS serving adopted roads; Applicants likely to be charged a non-performanceBond.

Included in other aspects of the Act is the automaticadoption of all existing private sewerage (regardless ofpipe size, material or condition) by the relevant Water and Sewerage Company.

Until the Regulations are published it is too early tocomment on the specific impact of the Act. However it is clear that the drainage design of a new developmentwill need to be given far more detailed consideration atPlanning Stage than is now the case, requiring early input from civil engineers to develop a suitably detaileddrainage scheme.

For further information contact:

Richard Newmanat our Orpington officeT 01689 888222E [email protected]

WITH NO DRAINAGEAPPROVAL THEREʼS NOPLANNING APPROVAL

The new Flood and Water Management Actbecame law in 2010. The Act is intended toencourage maximum use of Sustainable DrainageSystems (SuDS) to help reduce the risk of futureflooding. Richard Newman explains.

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Page 15: DYK Newsletter Summer 2011

ather than each disciplinereplicating the informationfrom scratch the model is

shared between the team.Themodel is rich with data, allowingthe contractor and/or client toquantify linear runs, areas andvolumes etcetera, of anythingcontained within the model. Themodel and its contents can beimported into other programmessuch as facilities management,clash detection andenvironmental analysis tools.

We have been creating building models on projects for three years now and our clients are starting to see and understand the real benefits of our insight, investment and training.

We currently have 14 schemes atvarious levels of design that ourarchitectural and structural engineeringgroups are producing as a BIM.

The latest of these projects is ascheme in Cheam Village for ViridianHA. It is a 132 dwelling extra carescheme, won in competition withUnited House. calfordseaden’s design team (architects, structural & mechanical engineers), used to a truly co-ordinated working environment on schemes will now be using BIM togalvanise the working procedures.

The site is in a conservation area and calfordseaden are currentlypreparing a planning application. BIM has allowed us to prepare extensive3D views both internally and externallyto help explain the scheme to theplanners and future residents.

Designing a scheme such as CheamVillage in this way allows everyoneworking on the project to understandthe design holistically rather than asindividual buildings.

We look forward to receivingdetailed planning permission later this year and progressing the designs as a truly co-ordinated BIM.

For further information or if youwould like a demonstration of theconsiderable benefits of BIM contact:

Gary Barleyat our Orpington officeT 01689 888222 E [email protected]

John Spenceat our Orpington officeT 01689 888222 E [email protected]

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BIM UPDATEBIM (Building Information Modelling) is a processthat allows everyone working on a building projectto bi-directionally share the same data via a 3Drepresentation of the building. Gary Barley andJohn Spence tell us about the model.

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Page 16: DYK Newsletter Summer 2011

he facts of the case date back to June2008 when the developer startedbuilding works to add two floors to

its nearby building. A letter had been sent to Heaney, who owned a nearby bankbuilding, explaining the size and amount of work to be completed as well as raising the issue of the right to light. Despite Heaneyexpressing his concern the development went ahead.

At court both parties agreed that there had been an actionable interference with the access of light to Heaney’s building. When looking at whether such an interference has occurred the court will considerwhether there has been a deprivation of light thatrenders a building less fit than it was for the purposes of occupation or business.

In this case the majority of rooms were originally poorlylit, to 25 per cent or less, so any reduction in light wasconsidered as a serious loss because the available lightwas seen as invaluable.

The total cost of the project to the developer,including the cost of acquisition and finance charges,came to £35.8m. At the time of the hearing, one floor of the building was already being let out to atenant. Despite this the court ordered a mandatoryinjunction to remove part of the top two floors of thedeveloper’s property.

This is significant because, before the case, it hadalways been assumed that a loss of light to commercialpremises was more likely to result in compensation thanan injunction, whereas in residential cases an injunctionwas more likely.

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There can be few more significant risks todevelopment than that involving an injunction forloss of light. The most recent Right of Light case,HKRUK II (CHC) Limited and Marcus AlexanderHeaney (2010) ended with a settlement currentlyawaiting confirmation by the Court of Appeal. This

means we will not have the benefit of their decision with respectto an injunction granted by the lower court. Peter Defoe

THE RISING COST OF LIGHT

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Page 17: DYK Newsletter Summer 2011

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Heaney was granted an injunctionalthough the Judge stated that if hisreasoning were incorrect then themeasure of damages would be a littleover £220,000.

With the benefit of an injunction itis possible to argue, irrespective of theJudge’s thoughts, that the compensationwhich can be sought would be whateverthe other party is prepared to pay inorder to get their development back andin the case of HKRUK this would beexpected to be significantly more than£220,000 bearing in mind the cost ofdemolition alone might be £1.5 millionaccording to some observers.

As a direct result of this we are nowseeing claims in excess of ten times book value or five times the alternativevaluation methods that have been used since the Tamares (Vincent Square)Limited v Fairpoint (Vincent Square) Ltd 2007 case.

In turn, insurers are less willing to take on the risk and developers arehaving to consider talking to neighboursand testing the water to see if a deal can be struck.

Without doubt it is not worthtaking a risk and proceeding withdevelopment that might cause anactionable loss.

At calfordseaden we have the relevant expertise to guide you through the requirements of Rights of Light legislation and the potentialcosts relating thereto. We can help you design your development to reduce or totally avoid costs associated with a Right of Light.

For further information contact:

Peter Defoeat our Orpington officeT 01689 888222 E [email protected]

Without doubt it is not worth taking a risk andproceeding with development that might causean actionable loss.

Page 18: DYK Newsletter Summer 2011

Testing and sampling for asbestos is a specialistoperation (not carried out by calfordseaden) but it is surprising the number of commercial andother non-domestic properties (common parts toflats for example) which do not have any form ofasbestos register. Failure to maintain the register in any meaningful form has been encountered with a number of large organisations.

One of the first issues calfordseaden encounter whencarrying out building condition surveys, particularlyinspections requiring some in depth investigation ordestructive/intrusive testing, is a review of the asbestosregister. Where this is not present there can be a delayto complete the work until testing has been carried outto facilitate safe inspection. This might appear an overlycautious approach, however where we have requestedsuch registers significant amounts of asbestos hassometimes been confirmed.

As a “duty holder” of non-domestic premises theobligations can be potentially quite significant,particularly where any maintenance work is beingcarried out. Conceivably failure to maintain appropriateasbestos registers and take appropriate precautionmight invalidate insurance cover. Policies might notrespond where claims are made at a later date forasbestosis by personnel or contractors who have worked in the building.

Landlords would be well advised to ensure their tenants have taken appropriate precautionary measures.Given the current harsh economic climate, buildings that become vacant, for example due to the insolvencyof the tenant, may trigger a liability for the landlord toprepare appropriate asbestos reports. Checking andreinforcement of the tenants’ obligations in a timelyfashion is strongly recommended.

For further information contact:

Stuart Hillat our Winchester officeT 01962 718300E [email protected]

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Legislation impacting on asbestos has increased in itsscope since the enactment of the Control of Asbestos atWork Regulations 1987 and ʻthe duty to manage asbestosin non-domestic premisesʼ was introduced in May 2000, with subsequent revisions and clarifications to theAsbestos Regulations since. Stuart Hill writes.

ASBESTOSIs the Legislation Gathering Dust?

Page 19: DYK Newsletter Summer 2011

During the year 2008-2009 (latestrecords available) there were 75,000building fires in the UK as a whole.

Aside from the potential loss ofproperty and life or serious injury,businesses can ill afford to have theirproduction processes and income halted by the occurrence of a significantfire in the workplace. The cost of suchdisruption can also include loss of vitalrecords and expensive equipment, losttime while making claims andalternative arrangements, increasedinsurance premiums, and the loss offuture business, to name but a few.

The Regulatory Reform (Fire Safety)Order 2005 (RRO) came into place inOctober 2006, covering all premises inEngland & Wales, with the exception of private dwellings (social housing flatsand HMOs are included).

The purpose of the RRO is to ensurethat the responsible person hasconfirmed the premises complies with the contents of the order.

What does this mean to the owner?

In simple terms the responsible personis duty bound to assess the fire risks in their building on a regular basis. The definition of regular is generallytaken to mean annually, however, theassessment will need to take place at an earlier time if changes take placephysically to the building or relating to its use or occupancy.

The fire risk assessment ismaintained in the building andrecommendations are incorporated to make both physical and operationalchanges in order to reduce or eliminateany risks that have been identified.

calfordeaden are ideally placed to carry out the risk assessments on the full range of buildings and also to assist in the professionalimplementation of any changesnecessary. In this regard we can offer a fully integrated service with regard to Fire Precautions.

For more information contact:

Stuart Buckleyat our Orpington officeT 01689 888222E [email protected]

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Historically fire has had a devastating effect uponindividuals and businesses alike. In 2009 the LakanalHouse fire in Camberwell, London, demonstrated the terrible consequences with the loss of six lives, in addition to causing large-scale relocation ofresidents and loss of property. Stuart Buckley reports.

FIREA Catastrophe Waiting to Happen

Page 20: DYK Newsletter Summer 2011

CHARTERED SURVEYING PROJECT MANAGEMENT ARCHITECTURE & MASTER PLANNING CIVIL & STRUCTURAL ENGINEERING MECHANICAL & ELECTRICAL ENGINEERING SUSTAINABILITY ADVICE HEALTH & SAFETY CONSULTANCY

calfordseadenSt John’s House1a Knoll RiseOrpingtonKent BR6 0JX

T 01689 888222F 01689 888299

www.calfordseaden.co.ukcalfordseaden have taken all reasonable precautions to ensure that did you know?is correct at the time of publication. Please contact us for more information about any of the topics and, where our professional code of conduct allows, we will be happy to advise.

calfordseaden LLP is a Limited Liability Partnership Registered in England and Wales number OC315838. Registered Office:Devonshire House, 60 Goswell Road, London EC1M 7AD where a list of members is kept.

Summer 2011

Calford Seaden (Health and Safety) Limited is Registered in England No. 3028351 Registered Office: Devonshire House, 60 Goswell Road London EC1M 7AD