The Michelmores and Western Morning News Property Awards are the region’s premier property competition, showcasing the very best in West Country property projects, buildings and firms.

The Residential Project of the Year 41 Units and Over category is sponsored by Kier Western. Beechfield View, Torquay was announced the winner at a Gala Dinner at St Mellion International Resort on May 8th 2014.

More about what our judges had to say…

Shortlist 2014

Beechfield View, Torquay

Nominated by Torbay Development Agency

Project Value: £20m

This is the second short list achieved by Beechfield View, already having been recognised in the category of Eco Project of the Year.

The objective of the project was the delivery of a flagship mixed tenure sustainable eco-development following a full analysis of housing need in Torbay.  The idea was to identify the best possible mix of tenures to create a mixed and balanced community, including disabled people, key workers, older people, couples and families.

The result is 144 much needed homes for different types of occupant and includes 25 apartments for the over 55s with priority to local residents wishing to downsize; 16 general needs rented apartments and 16 houses; 20 intermediate rent apartments with priority to keyworkers; 15 shared ownership apartments and 2 houses; 32 open market sale apartments and 10 houses, plus 8 wheelchair adapted dwellings that were bespoke for specific clients.

Low-carbon, energy- efficient design is geared towards reducing energy bills, using a number of renewable energy components including photovoltaic roof tiles and a mechanical ventilated heat recovery system that recycles heat within each home.

The design of the homes is eye-catching and unusual, including large overhanging eaves, deep window reveals, wing walls with wrap-around balconies and a good quality finish.

While it has a contemporary feel, the natural stone which is a key feature throughout the development has been particularly well received by residents, planners and the wider community.

The finished development has a distinctive and striking character, where the build form complements the landscape, with split level housing and underground car parking successfully balancing the topography of the site.

Frobisher House, Plymouth

Nominated by Midas Construction

Project Value: £5m

Frobisher House is an eight-storey student accommodation complex located in the heart of Plymouth City Centre amid Plymouth University’s main teaching facilities.

The project aim was to address the growing need for additional student accommodation in Plymouth whilst regenerating an integral part of the city centre. Outdated and crumbling buildings needed to be removed and replaced with a modern new structure which would both embrace its environment and improve the city skyline.

Following demolition of the existing buildings, construction began to create the unusually laid-out student complex which has been built on two separate sites divided by a narrow road. The complex includes 112 en-suite study bedrooms arranged into 17 cluster flats within a six-storey block, and a further 22  bedrooms configured in flats in a three-storey block on the other side of adjacent Trafalgar Road.  The development also includes a supermarket store on the ground floor of the larger block.

The cluster flats feature between 4 and 11 bedrooms each and some unique facilities include blue sky study space areas mixed in around the cluster flats, laundry facilities, storage areas designed for cycle and water sports equipment, a cinema room and state-of-the-art kitchens and bathrooms.

The design took into account the surrounding environment and was cleverly constructed to blend in to the adjacent buildings and the historic structures in the city centre, while also offering something modern and fresh.

Cedar-style boarding and stone banding were included to complement adjacent buildings, and the penthouse levels were designed to blend into the skyline.

The aim was to breathe new life into a dated part of the city centre but without creating a new-build which clashed with existing architecture.

Manor Court, Cossington Somerset

Nominated by Strongvox Homes

Project Value: £8.6m

Manor Court is a development of 47 dwellings built on a dilapidated, village centre site at Cossington near Bridgwater in Somerset.

Cossington is a former winner of ‘Best Village of the Year, Somerset’ so the developers were conscious of the many local elements of distinction and set the new structures within well landscaped surroundings. The new development had to sit comfortably within these surroundings and provide a positive contribution to the village.

The new houses were designed to include local details including stonework elevations, distinctive roof tiling and distinctive local walling. The layout was focused around ‘soft’ road ways and defined with good quality landscape planting.

The development was facilitated by the provision of a new, purpose-built, village hall replacing the previous temporary structure. The village hall now enables the local community to generate a regular financial income stream by hiring the new meeting rooms to local businesses, Local Authorities and child care services for week day use. It also enables the committee to sponsor and fund specific events for the local village.

The new development had to be designed to meet current energy requirements and the Village Hall needed to be built to ensure low energy running costs, which was achieved by the use of natural light were possible, efficient heating systems and PV installations.

The Village Hall is frequently used by the local community and wider area. A wide range of events are held, the success of which are recorded on the Village Hall’s website. The housing element of the project was completed to a high standard and the majority sold quickly in a poor market – a sign of a quality development in a much needed location.

Rowes Meadow, Stoke Gabriel, Devon

Nominated by Linden Homes

Project Value: £6.9m

Rowes Meadow is a development of 43 new homes using 31 different house types, with 35% classed as affordable housing. It is located in an Area of Outstanding Natural Beauty at the northern edge of the picturesque village of Stoke Gabriel in the South Hams, Devon, on land previously used for grazing horses.

The development features a collection of two, three, four, five and six bedroom homes, all created to reflect the rich architecture and heritage of the area. Each cluster of homes is linked in intimate groups, with both private and shared courtyard spaces and with the affordable housing element indistinguishable from the open market housing.

The land was identified as a proposed housing allocation site in the Rural Areas Site Allocations Development Plan Document in order to assist with meeting local housing requirements.

There had not been any new homes built in the village for a number of years and so there was a definite need to provide local housing. However, as the village is so quintessentially English, it was very important that the development was as characterful as its surroundings and that the homes blended in and didn’t stand out as brand new homes.

Rowes Meadow was designed to reflect the varied styles of the older buildings within the village core, which has evolved over time and incorporates various architectural influences, including small vernacular cottages and village houses, to larger Victorian or Georgian style villas.

A palette of colours and materials were used including traditional stone, render of different colours, slate roofs and high stone boundary walls, making the development look like part of the village and reflecting the rich architecture and heritage of the area.

The Michelmores and Western Morning News Property Awards are the region’s premier property competition, showcasing the very best in West Country property projects, buildings and firm.

The Eco Project of the Year category is sponsored by Midas Construction and the winner, South West Energy Centre, Paignton, Devon was announced at a Gala Dinner at St Mellion International Resort on May 8th 2014.

Watch what our judges had to say…

Shortlist 2014

South West Energy Centre (SWEC), Paignton, Devon

Nominated by: LHC Architecture + Urbanism/Kier Construction/South Devon College

Project Value:  £6.5m

Already on the shortlist in the category of Building of the Year, the South West Energy Centre is designed to be a ‘one-stop-hub’ to access impartial information and training for the energy/low-carbon sector and emerging industries.

In addition to providing an outstanding learning environment, SWEC provides up-to-date advice for businesses including energy audits, business consultancy, research and development, access to new markets and funding, and provides guidance for communities and individuals on sustainable construction, renewable energy and selecting local professionals.

As a flagship education and information facility in the renewable sector, it was vital that the building clearly has its own eco-friendly credentials.  The building demonstrates outstanding sustainable features in design and construction including bio-mass boiler, building management system, solar thermal wall, sedum roof and photovoltaic arrays achieving BREEAM ‘Excellent’. Plant and servicing, along with building fabric, demonstrate best practice methods in low-carbon technology.

The flexible Construction Hall and Advanced Technologies Zone contains two real houses including the only certified Passivhaus inside a UK College.  Other features include a dedicated hybrid/electric vehicle area, flexible classroom and IT spaces and interactive Display Zone providing training in renewable technologies, sustainable construction, environmental science, conservation and carbon management.

The architects were particularly proud that the building’s sustainable credentials “are there for a purpose to inform the teaching, research and entrepreneurship undertaken daily.  The building provides a flexible showcase for sustainable technologies and building methods, but it’s also a vital element of the programme itself.”

SWEC is currently engaged with 165 businesses as part of the ERDF business engagement project. The building had an average of 200 visitors a month in its first three months while 165 students have visited the Passivhaus.  As part of a research project four families will be invited to live in the Passivhaus for a week.

Beechfields View, Torquay

Nominated by Torbay Development Agency

Project Value: £20m

The objective of this ambitious project was to deliver a flagship mixed tenure sustainable eco-development that would help meet Torbay’s strategic housing needs for a range of different client groups. It was also important to reduce fuel poverty by lowering the energy bills of the residents.

Beechields View comprises 144 much needed homes for different types of occupant and includes 25 apartments for the over 55s with priority to local residents wishing to downsize; 16 general needs rented apartments and 16 houses; 20 intermediate rent apartments with priority to keyworkers; 15 shared ownership apartments and 2 houses; 32 open market sale apartments and 10 houses, plus 8 wheelchair adapted dwellings that were bespoke for specific clients.

The project demonstrates that Code 4 and 5 properties can be developed which are aesthetically pleasing without highly visible renewable energy features. The low-carbon, energy efficient design is geared towards reducing energy bills, using a number of renewable energy components including photovoltaic roof panels, a mechanical ventilated heat recovery system that recycles heat within each home, rainwater harvesting and triple glazing.

Occupants are now benefitting from the quality of materials used which reduce ongoing maintenance, while research is showing that the residents’ fuel bills have reduced by 50% when compared to the previous accommodation.

Ten properties of various types and tenures will be monitored over the next two years by researchers from Plymouth University, to assess how well the energy efficiency measures are performing.

The judges considered this to be a well-conceived project with good design, high specification and a ‘practical interpretation of sustainability’.  It addresses the housing needs of a number of different groups while engaging with the existing local community having communicated with approximately 1000 households over the course of the project.

Trinity Court, Long Sutton, Somerset

Nominated by Brookvale Homes (SW) Limited

Project Value: £299,000

The terrace of three masonry built houses at Trinity Court were designed to fit in with the existing village environment, utilising local materials, whilst ensuring a Passivhaus philosophy of a ‘Fabric First Approach’ where the building does the work reducing the reliance on renewables that will be expensive to install and maintain.

The client, Yarlington Housing Group, identified Long Sutton as a village with a need for social and shared ownership dwellings and as an opportunity of trialling the tremendous potential of building competitively-costed Passivhaus social housing, something that if successful, could be rolled out across the region.

The project aspired to demonstrate that Passivhaus schemes do not have to be expensive and unaffordable for social housing, providing functional and super-airtight, environmentally friendly and highly efficient homes delivered on budget.

The scheme has been built using a masonry constructed superstructure, including a locally sourced stone façade that fits in seamlessly with the surrounding buildings in this quaint village environment.

The benefits of Passivhaus design include: reduced energy costs – a 70m2 Passivhaus with gas heating could spend as little as £25 on space heating each year; healthier living – good indoor air quality is provided by a whole house mechanical ventilation heat recovery system (MVHR); excellent ventilation – over 80% heat recovery from the MVHR system; super airtightness and insulation.

This development of three dwellings is the first Certified Social Passivhaus Scheme in Somerset and only the second in the South West of England.

The Michelmores and Western Morning News Property Awards are the region’s premier property competition, showcasing the very best in West Country property projects, buildings and firms

The Building of the Year category is sponsored by Girling Jones and the South West Energy Centre nominated by LHC Architecture + Urbanism/Kier Construction/South Devon College was announced as the winner at a Gala Dinner at St Mellion International Resort on May 8th 2014.

More about what the judges had to say…

Shortlist 2014

South West Energy Centre (SWEC), Paignton, Devon

Nominated by: LHC Architecture + Urbanism/Kier Construction/South Devon College

Project Value:  £6.5m

SWEC is a ‘one-stop-hub’ to access impartial information and training for the energy/low-carbon sector and emerging industries. It aims to fuel an economic recovery in South Devon, driving demand and ensuring manufacturers, suppliers and installers have the skilled workforce they need, leading to the creation of private sector jobs. It’s a catalyst for private-sector growth, opening up market opportunities through activities designed to drive demand and promote growth in the green-sector.

In addition to providing an outstanding learning environment, SWEC provides up-to-date advice for businesses including energy audits, business consultancy, R&D, access to new markets and funding, and provides guidance for communities/individuals on sustainable construction, renewable energy and selecting local professionals.

Located on a highly visible site at South Devon College, it was important that the building reflected its environment whilst demonstrating contemporary architecture to complement the activities within.

The flexible Construction Hall/Advanced Technologies Zone contains two real houses including the only certified Passivhaus inside a UK College.  Other features include a dedicated hybrid/electric vehicle area, flexible classroom and IT spaces, and interactive Display Zone providing training in renewable technologies, sustainable construction, environmental science, conservation and carbon management.

The building demonstrates outstanding sustainable credentials in design/construction including bio-mass boiler, building management system, solar thermal wall, sedum roof and PV arrays achieving BREEAM ‘Excellent’. Plant and servicing, along with building fabric, demonstrate best practice methods in low-carbon technology.

The judges were impressed with the aims and objectives of this building in addressing much needed skills development and the employability of young people, and that this innovative building is also open to the public.

Eagle House, Exeter Science Park

Nominated by Eagle One Limited/LHC Architecture + Urbanism

Project Value: £2m

The ‘gateway’ building to Exeter Science Park has already been featured in the shortlist for Commercial Project With a Value Under £5m, where it has been recognised for its role as flagship building that has provided momentum to the ambitious development.

However, as a building, Eagle House has many positive features and provided the architects LHC with some significant challenges.

The new headquarters of developers Eagle One/Blue Cedar Homes is a high-quality building designed to emerge confidently out of its parkland setting while projecting its purpose as a contemporary office/research building. The design takes its inspiration from local agricultural structures by emulating their colour and their precise, monolithic form.

Grey fibre-cement rain screen cladding was chosen for the main accommodation floors to provide a precise and well-defined shape. The random, graduated ‘pattern’ of the plinth is created by blending two varieties of brick, to replicate the colour of the Axminster stock from the now-defunct Pinhoe works and to emulate local ‘brick patterning’ found in the area.

Integral to the design is the landscape treatment, which exploits the contours of the land to anchor the building into its farmland setting by creating a soft connection between landscape and architecture.

Eagle House has exemplar but understated sustainable credentials and by meeting the requirements of BREEAM ‘Excellent’ and best practice from the British Council of Offices, it sets the tone of innovation and confidence that underlines the Park’s aims.

Everyone involved with the Science Park development is committed to providing an attractive and open public realm with Eagle House setting the benchmark for buildings.

The Research, Innovation, Learning and Development Centre (RILD), Exeter

Nominated by Interserve Construction Limited

Project Cost: £27.5m

Already shortlisted in the category of Commercial Project With a Value Over £5m, RILD is a stunning building in its own right.  It is a world class research and post graduate education facility resulting from a partnership between the University of Exeter Medical School and the RD&E NHS Foundation Trust.

The building houses the Wellcome Wolfson Centre for Medical Research comprising both clinical research areas and laboratories; a post graduate education centre with lecture theatres, teaching rooms and social areas; an information management and technology training facility; faculty of health and social work provision and a GP training scheme.

RILD is the first phase of the site’s masterplan and is designed to create a unified whole with the existing medical school building.  The external material was selected to blend with existing buildings and draws inspiration from the tradition of stone quarries in the Exeter area.

The stylish modern development incorporates a highly glazed central hub which forms the main entrance area and features external solar shading to the east and west facing facades.

The scale of the structure was challenging to fit its environment. This was addressed by the use of 22m walls which slope away from the viewer at a 15 degree angle making the building feel less imposing.  Despite the challenges of constructing such an impressive building on a tight site, the development achieved a BREEAM Excellent status.

RILD has created operational synergies for both the University of Exeter and the RD&E. While the different user groups require separation and privacy, the central hub contains largely shared spaces such as reception, meeting rooms, break-out areas and a café providing operational efficiencies and opportunities for collaboration.

University of Exeter Sports Park

Nominated by Kier Western & Wales/Grainge Architects

Project cost:  £7m

The primary aim of the building is to provide high quality health and fitness for the student and staff population of the University.  This was achieved in the fitness suite through the development of two large fitness spaces, a state-of-the-art exercise studio and consultation rooms, all fitted out with Life Fitness equipment, and an upgrade of the changing facility. Underlying the project was the requirement for it to be “cool” with the student fraternity.

The University’s former facilities were dated and unable to handle the increased demand for these spaces following expansion in student numbers.  Appropriate access, circulation and management space were also affecting the ability to deliver a high quality service to users.  Income from health and fitness underpins many of the other facilities, so providing a high quality offer in this area was considered to be critical.

The scheme consists of 4 elements:- a two-storey Health & Fitness Centre acting as the gateway to the Sports Park, the tensile cover to the ‘outdoor’ tennis courts, the new changing pavilion and spectator seating to the all-weather hockey pitch and the new multi-use games area. These 4 elements are arranged around the all-weather hockey pitch and help bring a sense of cohesion to what was previously quite an open and exposed part of the site.

The Sports Park now has its own separate identity within the University while still being regarded as an integral part of the Streatham Campus.  It has seen a 70% increase in the number of health and fitness visits and 1600 new premium memberships compared to the same period last year and 12 new staff positions have been created.

This article was first published in Private Client Adviser on 18 December 2013 and is reproduced by kind permission (www.privateclientadviser.co.uk).

Four years studying Law can only take you so far. Nothing during that time prepares you for the practicalities of your training contract, especially if it is also your first office job.

Previously I have had only ‘summer jobs’, predominantly farm labour (aside from a brief stint waitressing brought to a timely end by an incident involving lobster bisque and an Armani jacket). Whilst my education and part-time jobs had equipped me with the requisite education and work ethic to fit the trainee mould, in reality I was ill-prepared for a full-time job. I don’t mean the politics, but the practicalities.

One of the hardest things that I wrestle with is how to use secretaries. However cliché, secretaries are the foundation and driving force of any law firm. Their knowledge is vast and their role invaluable. Therefore, it is not the discussions with or research for the partners that plunges me into a cold sweat, it is asking a secretary to do something for me. As a trainee, how can you possibly feel justified delegating to someone of that aptitude? I have wasted time agonising over asking and I have wasted even more time in doing tasks myself that I should have in reality, delegated. And yet no secretary I have ever come across has ever made me feel like I shouldn’t be asking for their help. I have even been berated on occasion for doing things myself or for my grovelling thanks.

Another thing I hadn’t considered was that when you work full-time, you don’t have a summer holiday. July rolled around last year and the realisation dawned. For the first time in my life I wasn’t automatically due a month respite. I found myself wanting to travel back in time to shake Pippa of the past and tell her to stop whining about how hard it is to be a student. Also, no-one ever told me that as a trainee, 70% of the time that you speak to someone more senior than you, any ability you once had to effectively verbalise your thoughts is lost. You open your mouth to find that anxiety has afforded you the communication skills of a rock.

These are all things which the law degree doesn’t prepare you for. Even the LPC, with all of its supposedly ‘practical’ focus, didn’t prevent me from spending hours trying to format my first letter so that the address lined up with the envelope window, before finding the letter template. It didn’t teach me how to fix printer jams or not to wear your skirt suit to site visits without carrying a sewing kit. Sometimes trainees come to their contract after having had previous jobs, and I envy them this advantage over the ‘traditional’ route that I took.

Occasionally I have moments when I feel overwhelmed by the fact that I have a career, I’m training to be a solicitor, and these are the hallmarks of a grown-up. Mostly I forget how long I have been aspiring to make this a reality. It feels like something that other people do, and I am amazed when I remember that in fact it is something that I do. I remember that I am on a two-year job interview. I have anxiety that someone will come to my desk and scream “FRAUD”. The fact that I only have these panic attacks occasionally says a great deal about the way my colleagues make me feel. The reason I am not in a perpetual state of angst is because I am made to feel at ease here.

Sometimes at marketing events or client meetings I realise I am talking about the law and someone is listening. Not only that, but I know what I am talking about. I realise I am having a genuine professional discussion, with someone who looks at me and sees a future solicitor. I have finally got here without even realising that I had. I would love to know if these moments of realisation will abate once I qualify or as my career draws on, or whether everyone suffers from flashes of reality every now and again.

Our laws in the United Kingdom are designed to protect individuals against the misuse of personal information, such protection being enshrined in the Data Protection Act 1998 and related legislation which in turn implements several European Directives.

Websites and online applications will often track user’s information, using “cookies” – usually with a user’s consent.

However, Google Inc. (“Google”) has been accused of taking a more liberal interpretation of responsibilities under data protection and privacy laws.  To date, where web advertisers collect and/or use such information without a user’s consent, it has proved difficult for a user to enforce their rights under data protection laws because the servers are located overseas and operated by companies established overseas.  A recent landmark decision in the English high courts, however, may change this and force web advertisers to behave more responsibly having regard to laws outside the web advertiser’s own jurisdiction.

The British claimant’s alleged misuse of personal information by Google:

In a recent test case against Google, Vidal –Hall v Google Inc., the High Court rejected Google’s argument that the English Courts have no jurisdiction to hear the privacy claims brought against it by three British internet users.

The British claimants alleged that Google: (i) misused their private information; (ii) breached confidentiality; and (iii) infringed the data protection laws through the unlawful  use of their personal data without their knowledge and consent, when they used Apples’ ‘Safari’ web browser between 2011 and 2012. They claimed compensation for damage and distress suffered.

The case centres on the collection of information by Google from the devices used by claimants to access the internet and the subsequent use of that information to provide targeted advertisements. The claimants contended that as a result of Google’s use of the information to display adverts, third parties whom they permitted to use their computers or view their screens had access to deeply personal information about their interests. As a result, they claimed to have suffered acute distress and anxiety. The nature of the personal information revealed through targeted advertising was not disclosed in court, to protect the claimants’ privacy.

The case focused on Google’s use of “third party cookies”. A “third party cookie” is a cookie sent to a browser by a website other than the website that the browser is on, usually to gather information about websites visited by the user’s browsers in order to target advertising.

In this case, the claimants used the Apple Safari internet browser.  Google’s AdSense service places “third party cookies” when the user visits certain websites displaying adverts from Google that are placed using AdSense.  The claimants complained about Google’s practice, which exploited a loophole in the Safari web browsers privacy settings.   A first “intermediary cookie” would be legitimately placed when the user visits certain websites and requests content (through use of social features such as “like” buttons).  However, once the intermediary cookie was placed, Safari then allowed further third party cookies to be sent if one cookie from that domain was already present on the browser (the “One In, All In Rule”). This happened without the users’ further knowledge or consent.  It was this final aspect of the Safari privacy settings that Google’s “AdSense” service exploited.

Google challenged the jurisdiction of the English Courts to hear the claims:

The claimants were initially given leave by the English Courts to serve proceedings on Google.  Google then challenged this and sought an order stating that the English Court did not have jurisdiction over the claims.

Google, which is registered in Delaware and has its principal place of business in California, argued that the issues at trial were likely  to focus on Google’s conduct and therefore the USA was the most appropriate jurisdiction, although it did not specify a particular state in which the case should be heard

The English High Court decided that England was the appropriate jurisdiction to hear the case:

Mr Justice Tugendhat made the following observations:

• The focus of the case is likely to be on the damage that each claimant has suffered. The damage occurred when their screens could be viewed in the UK.
• The claimants are resident in the UK; therefore to bring proceedings outside of the UK would be unduly ‘burdensome’.
• The claim of misuse of private information and the claim in relation to unlawful processing of data protection legislation were both clearly arguable and were serious issues to be tried.  The High Court rejected Google’s claims that they should be set aside.
• The English courts were an appropriate forum for the claims. If an American court was to decide the complicated issues of English law raised by Google, it would be costly for all parties involved. As this is a developing area of law, it is more appropriate for these issues to be resolved in an English court with the usual right of appeal – not available in the USA.

On this basis, the High Court held that the claimants had clearly established there were serious issues to be tried and that England was the most appropriate jurisdiction for these to be heard.

Mr Justice Tugendhat also acknowledged that there was no general ‘tort of invasion of privacy’, although he identified a number of cases in which misuse of confidential information was referred to as a ‘tort’. He concluded that there was a distinct ‘tort of misuse of private information’.

What is the likely impact of this decision?

It remains to be seen whether the claim will be settled or whether the case regarding the alleged breaches will be heard before the English Courts.  If the claims are successful, this may lead to more claims against Google in England as well as in European Union member states. What is clear is that the use of the “Safari workaround” during 2011 was a controversial practice. Mr. Justice Tugendhat pointed out that Google has faced considerable civil penalties ($2.5 million) in the USA resulting from the practice.   Google has since ceased this practice

The wider effect of this case may be to encourage other non-EU internet service providers to consider their own compliance with data protection laws which are often stricter than the laws they may otherwise be more used to complying with.

In particular, the case sheds a further spotlight on the difficulties of regulating the use of “third party cookies” by internet service providers.  These are an invaluable tool to web-advertisers, but equally there are difficulties in determining how users should be provided with information about the cookies and how their consent should be obtained. This case may serve to focus attention on the lucrative internet advertising business, so that the web-advertising industry and regulatory bodies decide on effective means of protecting users’ privacy.

For further information on the issues raised in this article, please contact Associate Tom Torkar at tom.torkar@michelmores.com.

The Michelmores and Western Morning News Property Awards are the region’s premier property competition, showcasing the very best in West Country property projects, buildings and firms.

The John Laurence Award for Professional Firm of the Year is sponsored by Interserve Construction. The winners Poynton Bradbury Wynter Cole Architects were announced at a Gala Dinner at St Mellion International Resort on May 8th 2014

Watch what our judges had to say…

Shortlists 2014

Poynton Bradbury Wynter Cole (PBWC) Architects, St. Ives

Poynton Bradbury Wynter Cole Architects are a passionate team of 16 architectural design professionals based in St Ives, Cornwall. Their work is based in the South West, although the firm’s maritime experience extends to marina work in Europe and Lifeboat stations around the coast of the UK for the RNLI.

The majority of the firm’s projects range between £2m and £10m in construction value with the largest scheme in recent years being the £33m campus for Truro and Penwith College in Penzance.  Other significant projects for 2013 have included: the refurbishment of County Hall for Cornwall Council in Truro; a new construction hall for Pendennis Super Yachts in Falmouth; Bodmin Office – a new workspace for Cornwall Council; Porthcressa Regeneration – new build and refurbishment projects on St Marys for the Council of the Isles of Scilly; and Meadow Flats – 26 sheltered accommodation homes in St Ives for the Department of Housing and Community Affairs.

However, for PBWC, perhaps the most significant project of the year was their own new place of work. The practice was established in 1973 and has been based in St Ives since that time. In 2013 the firm celebrated 40 years in business by acquiring a former petrol station in St Ives and redeveloping it to create ‘Atlantic Studio’ their new 21st century headquarters.

The firm has invested in Building Information Modelling and has retrained the whole team to use the innovative 3D BIM design technology. During the year, they employed two new members of staff and saw over £20m of construction projects completed.

PBWC’s entry concludes: “Our location in St Ives and our varied portfolio has allowed us to combine home-grown talent with internationally-sourced specialists to create a highly-skilled studio. We are a working ‘family’ underpinned by a sound understanding of sustainability, adaptation of existing buildings and robust design for extreme coastal environments.”

Awcock Ward Partnership (AWP), Exeter    

AWP is a regional civil engineering consultancy providing specialist development, planning and infrastructure services to the property industry. They started trading in November 2012 with a team of 7 engineers and technicians and since then they have more than doubled in size to a current team of 15.

The firm works closely with developers and house builders, masterplanners and co-professionals to add engineering input from the initial stages of site evaluation and acquisition, through the planning process to detail design.

To demonstrate the breadth of work undertaken during 2013, AWP selected six high profile projects including: the former Belmont Hospital, Tiverton; Premier Inn, Honiton; Millbay Marina, Plymouth; Petroc College, Tiverton; Churchtown, Saltash; and Bideford Marina.

On these projects AWP have either undertaken the engineering assessment (flood risk, drainage strategies, highway access, transport) required to support planning applications, or undertaken the detailed infrastructure design. Over 90% of their work is repeat business or recommendations to prospective new clients from existing clients or co-professionals.

Although a Private Limited Company, AWP operates very much as a ‘partnership’ – a partnership with clients, a partnership with co-professionals and a ‘John Lewis style’ partnership with colleagues who enjoy profit-sharing, half yearly bonuses and a company pension scheme.

Despite being in their first year of trading, the firm has taken on three graduate trainees and three technicians who are undertaking part-time training at Exeter College with AWP paying their tuition fees.

HLM, Plymouth

Comprising architects, landscape architects, urban designers, interior designers, and sustainability advisors, HLM are experienced in a broad range of sectors including education, health, defence, justice, civic, commercial and residential.  The firm is celebrating its 50th year of operation in the UK and opened its Plymouth office in 2009.

Their design ethos is “to achieve optimal design solutions to minimise the life cycle cost of our buildings. We recognise the importance of design quality, sustainability and innovation, and projects are driven by this in pursuit of overall design excellence.”

Standout projects include: Plymouth University Diving and Marine Centre; CFRS Fire Stations and Head Quarters, Hayle and Tolvaddon, Cornwall; Millfield Business Centre, Millfield School, Somerset; and Airbourne Paint Workshop, Bournemouth.

HLM nurtures a ‘family ethos’ and offers healthcare plans, childcare vouchers, life assurance, interest free loans, product discount services and pension schemes. They operate job-share, home-working, staggered hours, career breaks, term-time-only, school-hours-only contracts and back-to-work schemes. Regular staff skills analysis ensures maximum output, minimal waste, job satisfaction and a competitive edge.

The firm is accredited with ISO:9001/14001/18001 Quality Management Systems which they use as benchmarks  to continuously measure and track their service performance.

HLM’s entry also describes how the firm prioritises local resources and projects; conducts a vigorous corporate social responsibility programme such as working with schools and charitable fund-raising, and a range of prestigious awards including the Sunday Times Top 100 Best Small Companies to Work for 2011 to 2013.

Despite opening their Plymouth office during the recession, HLM has doubled the offices target budget in its five years of operation.

LHC Architecture + Urbanism, Exeter

LHC is a large, well-established, architectural, urban design and landscape firm based in the South West, with considerable experience in regeneration, masterplanning, education, housing, commercial, workplaces and refurbishment with a focus on functional, sustainable and beautiful everyday design.

The firm’s unique selling point is their “ability to deliver projects from strategic masterplanning and concept design through to technical delivery, integrating landscape architecture within built environments to provide a holistic approach to design.”

In terms of urban design and landscape, LHC delivered projects including Victoria Gardens, Newton Abbot, Upton Park and Lincombe Woods, Torbay, and a number of successful planning consents for sustainable residential and mixed-use developments in sensitive areas.

In 2013 LHC also completed the South West Energy Centre in Paignton, Eagle House on Exeter Science Park, an 8-lab/classroom block and extension at Kingsbridge Community College Science Centre and the highly-sustainable, purpose-designed School of Animal Husbandry at Bicton College in East Devon.

There were also a wide range of other commercial, residential and refurbishment projects designed throughout 2013.

The firm prioritises referral of work to local and regionally based sub-consultants – surveyors, engineers and ecologists – and procures professional services locally as well as relying upon local supply chains for its goods and services.

LHC is committed to maintaining a reputation for exemplar client care and service quality which is underpinned by ISO9001:2008 Quality Assurance registration.  The firm also enjoys high levels of repeat business from clients such as Yelverton Properties, Cavanna Homes, South Devon College, Kingsbridge College and Clinton Devon Estates.

Poynton Bradbury Wynter Cole (PBWC) Architects, St. Ives

Poynton Bradbury Wynter Cole Architects are a passionate team of 16 architectural design professionals based in St Ives, Cornwall. Their work is based in the South West, although the firm’s maritime experience extends to marina work in Europe and Lifeboat stations around the coast of the UK for the RNLI.

The majority of the firm’s projects range between £2m and £10m in construction value with the largest scheme in recent years being the £33m campus for Truro and Penwith College in Penzance.  Other significant projects for 2013 have included: the refurbishment of County Hall for Cornwall Council in Truro; a new construction hall for Pendennis Super Yachts in Falmouth; Bodmin Office – a new workspace for Cornwall Council; Porthcressa Regeneration – new build and refurbishment projects on St Marys for the Council of the Isles of Scilly; and Meadow Flats – 26 sheltered accommodation homes in St Ives for the Department of Housing and Community Affairs.

However, for PBWC, perhaps the most significant project of the year was their own new place of work. The practice was established in 1973 and has been based in St Ives since that time. In 2013 the firm celebrated 40 years in business by acquiring a former petrol station in St Ives and redeveloping it to create ‘Atlantic Studio’ their new 21st century headquarters.

The firm has invested in Building Information Modelling and has retrained the whole team to use the innovative 3D BIM design technology. During the year, they employed two new members of staff and saw over £20m of construction projects completed.

PBWC’s entry concludes: “Our location in St Ives and our varied portfolio has allowed us to combine home-grown talent with internationally-sourced specialists to create a highly-skilled studio. We are a working ‘family’ underpinned by a sound understanding of sustainability, adaptation of existing buildings and robust design for extreme coastal environments.”

Lawyers from Michelmores’ nationally recognised Marine Regulation Team have successfully obtained marine planning permission (a marine licence) for Phase 1 of the £235 million Brighton Marina Development.

The overall development includes over 800 homes, a new yacht club and RNLI building, a multi-purpose sports court, children’s play areas, doctors’ surgery, indoor / outdoor community space and a 40-storey tower which will be the tallest building in Sussex.

Securing the grant of the marine licence has enabled construction work to commence on Phase 1 of a development which has taken 10 years to come to fruition.

Andrew Oldland QC, Head of Marine Regulation at Michelmores said:

“This is an exciting project to be involved in and we are delighted that we have helped to secure the grant of the marine licence for Phase 1.  The licensing application process was complex, not least because the development site is located adjacent to one of the newly designated Marine Conservation Zones of which seahorses are a protected feature.  Despite this we were able to guide the application efficiently through the Marine Management Organisation’s new procedure for dealing with sites located in or near MCZ’s in the face of sustained opposition.”

Generally a marine licence is required for activities such as the construction, alteration or improvement of any works and the removal from the seabed of any substance or object up to the mean spring high tide water mark.  Terrestrial planning permission is required to the mean low water mark or boundary of internal waters.  As Lara Moore, a solicitor in the Marine Regulation Team explains:

“This means that a number of coastal development projects (including those located on tidal rivers) require both a marine licence and terrestrial planning permission.  The interaction between these two regimes can be fraught with difficulty.   It is important to understand fully the processes and requirements of both regimes in order to gain the consents required to carry out development work in such areas in a time effective manner.”

Michelmores nationally recognised Marine Regulation Team is one of only a handful of law practices in the UK able to advise on:

• Marine Licensing and Planning
• Marine Conservation Zones (MCZs)
• The interaction between marine licensing and terrestrial planning permission
• Article 10 Exceptions under the Marine EIA Regulations
• Marine Wildlife Licences

For more information, please contact Andrew Oldland QC at andrew.oldland@michelmores.com

The Supreme Court recently held in the case of Marley v Rawlings that a mirror Will signed by the wrong spouse could be rectified. This raises the question as to whether more claims to uphold or amend wills in similar circumstances may be brought and what the consequences might be for charities in the context of legacy disputes.

The Facts

In 1999 Mr and Mrs Rawlings visited their solicitor to execute their Wills. They prepared mirror Wills which left their Estates to each other and then ultimately to a Mr Marley.  Mr Marley was not a blood relation of Mr and Mrs Rawlings but they regarded him as a son.

At the meeting, the solicitor who drafted the Wills accidently handed the Will prepared for Mr Rawlings to Mrs Rawlings and vice versa. This mistake was not noticed by anyone attending the meeting. Mr and Mrs Rawlings therefore signed each other’s Will making them at face value invalid.

Mrs Rawlings died some years later and at that point the fact that she had signed the Will drafted for Mr Rawlings went unnoticed. Her Estate therefore passed to Mr Rawlings without any dispute.

It was only when Mr Rawlings died that the mistake in respect of the signatures was noticed. The sons of Mr and Mrs Rawlings sought to inherit their father’s Estate under the intestacy rules. Mr Marley commenced legal proceedings with a view to rectifying the Will.

Legal analysis

As set out in the judgment in the Marley case, rectification involves “correcting a written instrument which, by mistake in verbal expression, does not accurately reflect the parties’ true agreement”.

Mr Marley was unsuccessful at first instance on the basis that the Will did not satisfy the formality requirements under Section 9 of the Wills Act 1837 and that it was not open to the Court to rectify the Will. The Court of Appeal agreed that the Will did not satisfy the formality requirements and thus did not consider whether it could be rectified.

In delivering the leading judgment in the Supreme Court, Lord Neuberger formed the view that when interpreting a Will the approach of the Court should be similar to that taken when interpreting a contract. In essence, the Court should endeavour to find the intention of the testator by interpreting the words used in the Will in context.

The principal argument put forward on behalf of Mr Marley was that the Will should be rectified to accord with Mr Rawlings’ intentions, being essentially to sign the Will drafted for him which for the most part mirrored the Will drafted for his wife which he actually signed.

Lord Neuberger considered the objections which might be raised against this argument.  Firstly, it was suggested that the correction of the Will to reflect Mr Rawlings’ intentions might be too extreme a correction to amount to rectification.  Secondly, the counter-argument was raised that the Will might not actually be correctly regarded as a Will at all because the Will as drafted was not signed by the person intended to make it. In addition it was arguably invalid for the reason that Mr Rawlings failed to approve its contents. Thirdly, it was suggested that the rectification of the Will could not be regarded as the correction of a “clerical error” as required by statute.

In respect of the first objection, Lord Neuberger was satisfied that there was a clear case for rectification.  To this extent he referred to and approved the leading judgment in the Court of Appeal, where Black LJ observed, “there can be no doubt as to what Mr and Mrs Rawlings wanted to achieve when they made their wills and that was that Mr Marley should have the entirety of their Estate and that Mr and Mrs Rawlings’ sons should have nothing”.

The second objection that the Will could not actually be properly regarded as a Will was also dismissed for a number of reasons. Lord Neuberger noted that the Will was “unambiguously intended to be a formal Will, and it was, on its face (and was in fact according to the evidence), signed by Mr Rawlings, in the presence of two witnesses, on the basis that it was indeed his Will.”

Crucially the third possible objection was also overcome. It was accepted by Lord Neuberger that the signature error could be regarded as a “clerical error” in broad terms so that it was an error of a sort which was capable of rectification.

Accordingly the Court held that Mr Rawlings’ Will should be rectified to reflect his intention by containing the typed parts of the Will that was actually signed by Mrs Rawlings.

Conclusion

It is noteworthy that Lord Neuberger appears to have widened the scope of “clerical error” as required for rectification.  This may lead to an increase of claims to uphold or amend Wills in circumstances where it might be argued that there was such an error. The true impact of the judgment remains to be seen but charities ought to be mindful of its potential impact in the context of legacy disputes.

The region’s largest corporate charity run is calling for sponsors to boost its fund-raising for Macmillan Cancer Support.

The Michelmores Charity Run, which is now in its 15th year, attracts over 1000 runners and now raises in excess of £30,000 each year for its chosen charity.  The run takes place over a 5K city centre course which starts on Cathedral Yard and finishes at Exeter Castle.

Michelmores Marketing Director Louise Edwards, commented: “It’s the race’s 15th anniversary and to celebrate this fantastic landmark we want to break all fund-raising records, so the more sponsors we can attract, the more money will go to support the wonderful work of Macmillan.

“We are appealing to businesses’ sense of corporate social responsibility but in addition to doing something for the community, there are real promotional and branding opportunities associated with the event.“

The cost of supporting the event ranges from £50 to £1000 and opportunities include a large company logo on the race t-shirt worn by all runners, logo on race numbers, logo on website and invite packs, a banner at the start and/or finish, sponsorship of any one of the six prizes awarded and supplying an item of choice to go in to the runners’ goody bag.

Download Corporate Sponsorship Pack

Michelmores Charity Run takes place on Tuesday 10 June commencing at 7pm. For more details and to register, visit www.michelmores.com/charityrun

Western Morning News. As published: 21 January 2014

Rather than the creation of a new school, satellite schools are designed to allow existing schools to ‘expand’ on to a new site. Two bids by existing Kent grammar Schools to open a satellite school in Sevenoaks were recently rejected by the Secretary of State. The bids were rejected on the basis that they would have created new schools.

New grammar schools have been outlawed for decades and whilst England’s 164 existing state grammar schools, including 20 in the South West region can grow to meet additional demand for more places, this must be a genuine expansion.

The frustration over the recent Grammar school bids is that they were both seeking to resolve an issue of demand.  We must question whether it is fair that the current legal system prohibits the creation of new grammar schools when we are living in an era where free schools are being set up all over the country to meet demand for particular types of schools?

If a group were to apply for a grammar free school, they would have no trouble satisfying the demand section of their application which involves proving that there is a shortage of particular school places in their area. Should the two bidders go back to the drawing board and satisfy the ‘expansion’ vs ‘new school’ criteria or should the Government be fighting to change the legal system and allow any new school to be created if it means reducing the demand crisis?

Given the recent press coverage of a reduction in subsidies for onshore wind and solar in favour of offshore wind farms, significant price increases from “Big 6” energy suppliers; the uncertainty created by the spate of policies being announced by different political parties, and amidst the backdrop of the wider electricity market reforms, you would be forgiven for giving the energy industry, including renewables, a wide berth. But regardless of the identity of the next Government, there is little doubt that both renewable energy and energy efficiency measures will remain key parts of the UK’s energy and climate change strategy.

With increasing pressure on the land and agricultural sectors, renewable energy solutions remain an attractive option, despite political uncertainty.

Renewable energy provides an opportunity to increase income, reduce waste, reduce energy costs and importantly provide security of electricity supply. The mainstream renewable energy technologies are wind, solar PV, hydro, biomass and biogas. In addition, ground- and air-source heat systems are becoming quite common, with more exotic possibilities (at least for the UK) of wave, tidal and geothermal power also attracting attention. Green support mechanisms include the Feed in Tariff, ROCs, RHI and LECs, with further financial benefits coming from the potential sale of electricity to the grid, enhanced capital allowances for eligible expenditure and potential business rates exemptions for eligible installations.

There are many ways that the land and agricultural sector can embrace, utilise and capitalise on renewable technologies. You can create your own power, lease your land to a developer or become a developer yourself. Your approach will depend on the different needs of your business, as well as your personal circumstances and the feasibility of any particular technology exploitation in your particular location – for example, you would be more likely to erect a wind turbine on an exposed hillside than you would in a dense valley.

Using biomass as an example, virtually all plant and organic waste can be used to produce heat, power or fuel. Biomass can either be burnt directly to provide heating to single or multiple buildings or to heat water, or it can be converted using anaerobic digestion to generate biofuels for in situ generation of electricity.

Some of the key issues to consider are availability of grid connection, choice of green tariff, funding (whether you will fund yourself, in partnership with a developer, or with bank support), planning consent, tax (such as capital allowances, VAT, business rates and inheritance tax) and business planning, the first of which is considered below. Further articles will follow in the New Year on these topics.

Power to the Grid

In considering the feasibility of a renewable energy project, the availability of a grid connection is a significant factor. The cost and timing of a connection are of significance not only for large-scale projects needing a connection for export only generation; grid can be just as critical for on-site generation projects. Network capacity is playing an increasingly important role, and should be considered at the earliest opportunity by any landowner looking to develop renewable technologies, whether for themselves or with a developer.

Earlier in the year, Western Power Distribution (the largest distribution network operator in the country and responsible for electricity distribution in the South West) said that without expensive investment, the electricity grid would struggle to take any more electricity. It has been suggested that a large proportion of the upgrade cost will need to be borne by developers themselves. The additional costs of upgrading the grid may affect the viability of a significant proportion of planned renewable energy projects.

One option proposed by Ofgem is to increase grid capacity by developers entering into special arrangements with distribution network operators (such as WPD) under section 22 of the Electricity Act 1989. This arrangement would commit the developers to pay their share of the costs (under the current charging rules) once the generating equipment (wind turbine, solar PV etc) has been installed. The developers (typically as part of a consortium) would then be reimbursed within five years if the additional capacity created by this investment is used by other developers.

This suggestion has had a mixed reception; some developers do not see it as their duty to upgrade the electricity network. However, if the renewable energy market remains buoyant, it is likely that more large-scale developers will form consortiums to develop the network, with the aim of recouping their money, particularly if the additional capacity can be used by others.

For those in the land and agricultural sectors based in areas seen as attractive for renewable energy development, it could be that these consortiums may prove more common and provide a relatively cost-effective means of securing continued investment into renewable technologies.

Inspired by my recent attendance at the Law fairs I thought it may be of help to provide a few answers to some general questions that came up time and again. If you would like answers to specific questions about the firm’s training contract, please visit the career section of our website.

I am on a 2:2 and do not think I will be able to get a 2:1. Should I still apply?

Michelmores, unlike many firms, does not have a policy of only accepting graduates with a 2:1 grade or higher. I am informed, however, that the vast majority of successful training contract applicants with Michelmores do have 2:1 grades or above. Unfortunately obtaining a training contract is increasingly competitive and as such firms are able to pick from an ever greater number of graduates who will have 2:1s and above. It is therefore an easy way to reduce the hundreds of applications that all law firms now receive and will make obtaining a training contract more difficult. (If you have genuine mitigating circumstances then this is a different situation and this should be addressed on your application.)

So should you still apply? Yes.

You should, however, do your utmost to show the firm what you have over the applicant with better grades. You need to accentuate your positives. This could be that you have more work experience/ are fluent in a language/ were involved with sports teams etc. Law firms want more than just intellect nowadays and it is up to you to show the firm that they should employ you 2:2 notwithstanding.

N.B. I would also add that personally I do not think this is a question you should raise at a law fair. It does not give a great first impression and is not a good example of highlighting your strengths. I am aware most law fairs are over now, but prior to the next one make sure you read my colleague Kieran’s Top 10 Do’s and Don’ts for Law Fairs.

I do not understand why a firm would ask “what’s your biggest weakness?” what do they want me to say?

I do not think anyone enjoys answering this question, which is why so many firms ask it. It is designed to genuinely make you reflect. We all have areas of weaknesses and areas in which we would like to improve. It is in that manner that you should answer it. Being able to show you are able to reflect, identify a weakness and seek to overcome it is actually a major strength.

I am a mature student and have decided to change career path. Will this be a problem?

No.

It is, however, all about how you use it. The fact that you are a mature student gives you experience which the ‘straight out of university’ graduates will not have. It is for you to demonstrate how this experience can be an asset to the firm.

Please also have a look at my colleague Irina’s post Standing (a bit too far) out from the crowd? for a great personal perspective on not being a ‘typical’ candidate.

Are trainees usually retained at Michelmores at the end of their training contract?

This is an important question and something that is often overlooked. Retention rates are something that I think all future trainees should consider when applying to a firm. I hate to say it but getting the training contract really is just the beginning. The retention rates of firms are often published on websites like ‘rollonfriday’. Try and look at the average figure over the last few years, the occasional dip happens (the recession happened) but consistently low retention rates should be a warning sign.

FYI – Michelmores have had 100% retention rates in 2013, 2012 and 2011.

I hope this was helpful. There were many more interesting questions however these stuck out. If you do have a burning question you would like answered please post a comment and I will try to answer.