Source: Regen Daily

The scheme would apply current government green policies that have so far been focussed on individual buildings or estates, to a neighbourhood level, according to a report released today by the Commission for Architecture and the Built Environment.

And cooperation between government departments is vital to see the project through, the report says.

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Source: Regen Daily

A report released this week by the UK Green Building Council (UK-GBC) – made up of businesses that claim to engage in sustainable construction – is calling for a code to cover new and existing non-domestic buildings.

In 2008, the Government introduced the Code for Sustainable Homes to drive up environmental standards in housebuilding, but it only covers domestic premises.

As well as setting out targets covering carbon, energy, waste and water efficiency, the code would require all new and existing buildings to undergo environmental impact performance checks at regular intervals.
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Source: Third Sector

Futurebuilders to issue interest-free advances of between £30,000 and £500,000 to help with mergers

Voluntary organisations with incomes of more than £750,000 will be able to apply for loans from the new modernisation fund at the beginning of April.

The £16.5m fund, which was one of the key strands of last month’s £42.5m third sector action plan, is being established primarily to facilitate mergers.
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Source: IPD

IPD today published the IPD UK Annual Index for 2008. According to the index, total returns for the year were
-22.1%. Over the 12 month period, capital growth fell by -26.3%, while income return was 5.6%. Among the three main sectors, Retail lost the most, falling -22.6%, closely followed by Offices, which fell -22.4%, while Industrials came in third with a total return over 2008 of -21.2%. Please click here for the press release and click here to view the headline results.

Source: Third Sector

Cabinet Office minister turns down plea from Tories to set up a social investment bank at once

Cabinet Office minister Liam Byrne has rejected a call to provide more funding for social enterprise by the immediate establishment of a social investment bank using unclaimed assets in bank accounts.

In a parliamentary debate this week, Byrne turned down a plea from Francis Maude, his Conservative shadow, to provide more funding for social enterprises.

The Government’s conversations with the banks had been made more complicated by the credit crunch, said Byrne. “But I am determined to ensure our conversations about the creation of a social investment bank do not get lost in that wider set of ambitions,” he said.

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Source: Environmental Finance

Many global businesses foresee putting climate change action on the back burner as the recession continues to bite, according to a survey by the Economist Intelligence Unit (EIU). Firms will embrace energy efficiency measures in a bid to cut costs, the researchers found, but many plan to delay more ambitious action.

Of the 500-plus companies worldwide that responded to the survey, 73% plan to make energy efficiency a high or moderate priority in the next two years. But 67% predicted climate change will slip down the agenda as the economic crisis continues.

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Source: Written by Crispin Carpenter of Michelmores LLP

http://www.michelmores.com/35-team.htm

As the recession deepens and tenant insolvencies increase, landlords of empty offices and shops face a double whammy: receiving no rent and (after three months) losing empty property business rates relief.

This provides an opportunity for charities seeking temporary occupation of office or shop space. Well prepared charities will be able to negotiate short term lettings at little or no rent. Some landlords are advertising such lettings to charities. See, for example, the agent’s advert at http://www.charityshops.org.uk/news.html. Others may be persuaded if presented with the benefits – no business rates to pay; increased security; cleaner, more attractive premises which could assist the sale or letting of the property in the longer term.

Before rushing into any such arrangement, a charity should consider the following:

· Documenting occupation – avoid verbal arrangements as they create uncertainty and the risk of dispute. Occupation could be documented through a tenancy at will (‘TAW’) or a short term lease. A TAW is a tenancy determinable by either party at any time without the need for prior written notice. TAWs allow great flexibility but little security and are only appropriate for very short periods of occupation. On termination, the tenant’s occupation rights immediately cease, although it will have a reasonable but very short period to leave and clear the premises. On any short term lease of more than six months, the landlord may require that a tenant’s statutory rights to remain in occupation and/or seek a statutory renewal lease at the end of the arrangement are excluded.

· Tenant’s repairing obligations – avoid taking a lease of a whole building and any liability to carry out structural/external repairs or to redecorate externally. If possible, avoid any liability to repair/redecorate internally (other than, at most, a covenant not to damage the premises and to make good any damage caused). To reduce the risk of future arguments, take dated photographs and prepare a list of existing defects. These could prove useful even if the record of condition is not attached to the document.

· Landlord’s repairing obligations – if the premises are in poor condition, require the landlord to remedy any material defects before completion – particularly items that could damage chattels and stock (eg roof leaks, broken windows etc). Furthermore, the landlord should be obliged to keep the structure/exterior of the building in repair or, at the very least, wind and watertight. This could prove useful if defects arise that could damage stock or equipment.

· Service charge/insurance rent – avoid obligations to pay any service charge or to contribute towards the landlord’s structural/external repairs. Landlords may require the charity to pay a reasonable proportion of the premium for the current buildings insurance policy, which is not unreasonable. But perhaps the charity can negotiate an all inclusive rent if the landlord is anxious to secure occupation?

· Set up costs Do the costs of fitting out, cleaning, furnishing, signage, IT installation etc outweigh the benefits of being able to occupy (particularly if occupation is only through a TAW)?

· Surplus premises – if the landlord suggests the charity takes on premises outside of that which it proposes to occupy, beware. The charity may find itself having to pay business rates on any premises that are not wholly or mainly used by it for its charitable purposes.

· Authorised planning use – ask the landlord for a copy of the planning consent authorising current office (B1) or retail (A1) use. If the landlord cannot provide this either seek formal confirmation that the premises have been used for those purposes for the last 10 years or more or (for a short term lease), require a tenant’s break right exercisable on any breach of planning enforcement action.

· Legal costs – both parties will want to keep legal costs to a minimum, particularly in the current climate. Robust negotiation may be necessary if the landlord’s solicitors forward a 58 page lease for a 6 month letting. The level of searches and enquiries should be proportionate to the letting involved.

· Future occupation – if the parties subsequently wish to renew or enter into a longer term arrangement at the end of the original arrangement, the landlord may require the charity to enter into a more substantial document containing more onerous covenants than before. Also remember that very little due diligence may have been carried out at the start – in consequence, should any additional due diligence be undertaken?

Crispin Carpenter is a solicitor in the commercial property department at Michelmores LLP advising charities and other organisations on all aspects of commercial property.

Michelmores’ charity team is led by Shivaji Shiva. Please contact Shivaji if you would like to discuss any queries relating to charities.

Source: Building Daily

Designing energy-efficient buildings is one thing, making sure they live up to their credentials is another. At this year’s Ecobuild, BRE will launch BREEAM In-Use, which it hopes will provide the answer.

As the latest in BRE’s suite of environmental assessment tools, BREEAM In-Use has been created to ensure buildings are run as efficiently as possible and provide a route for owners and occupiers to assess and improve the environmental performance of existing buildings.

According to Martin Townsend, director of BREEAM, it has been developed to recognise and encourage better building management and to target investment in existing building stock.

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Source: Planning Daily – Environment Bulletin

The Institution of Mechanical Engineers’ report Climate Change: Adapting to the Inevitable? considers the possible climate changes that we may expect over the next 1,000 years due to continuing CO2 emissions, and recommends what engineers need to do to adapt to the future world.

The report says: “due to the increasing regularity of flooding and the impact of rising sea levels on coastal areas the long-term viability of entire settlements might be in jeopardy.”

“Indeed, a 7m rise in sea levels would impact on vast areas of the UK, including most parts of London which border the Thames ie Canary Wharf, Chelsea and Westminster, all of which would need to be abandoned.”

The report also stresses that built infrastructure will need to be assessed for vulnerability and resilience to climate change.

“Masterplanning will need to consider alternative routes and extra capacity as well as build in redundancy, particularly in the case of rail where much of the infrastructure is sited on flood plains and coastal fringes. Within urbanised areas, comprehensive underground mass-transport systems will be susceptible to flooding,” it says.

Source: Third Sector

Liberal Democrat deputy leader says charities have a crucial role to play

The voluntary sector could play a crucial role in helping the UK to recover from recession – if it receives sufficient funding, according to Vincent Cable, deputy leader of the Liberal Democrats.

“I expect you could be a critical voice because the private sector is paralysed and government is struggling,” Cable told delegates at the NCVO annual conference in London yesterday.

He warned that the sector faced a “scissors crisis”: a “quantum leap in expectations” coupled with threats to funding as central government passed financial problems on to local government, investments massively underperformed and donations from the wealthy fell.

“Much is expected of you,” he said. “Whether you can deal with the resource problem, I don’t know.”
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