The Court of Appeal has made a landmark ruling in an environmental case concerning Llyn Padarn in Llanberis. It has dismissed an appeal by Seiont, Gwyrfai and Llyfni Anglers’ Society from the judgment of Mr Justice Hickinbottom on the meaning of “environmental damage” in the Environmental Liability Directive (ELD) and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (the Regulations) at Llyn Padarn. Aaron & Partners, which represented Dŵr Cymru Welsh Water, said the case was the first to offer vital clarity on recent environmental legislation. The dispute dates back to 2012 when the Anglers’ Society made a complaint to environmental regulator Natural Resources Wales (NRW) that there had been environmental damage caused to Llyn Padarn. The source of the complaint was an algal bloom in 2009 that was attributable, in part, to phosphates in the water at the lake, which is a Site of Special Scientific Interest (SSSI) because of its unique species of arctic char. For years the lake has received treated wastewater discharged from the nearby village of Llanberis. In the modern era discharges have been regulated, with environmental permits becoming progressively stricter over time as to the levels of phosphates and other treatment by-products which may be discharged into the lake. Following the bloom, NRW issued a notification to Welsh Water under the regulations which was quashed by the High Court in 2012. NRW issued a second notification in 2015. The decision alleged a drop in water quality (since recovered) but did not find any damage to the arctic char or SSSI. NRW’s second notification was challenged by the Anglers’ Society, which claimed the regulator’s interpretation of environmental damage was too narrow. Welsh Water, First Hydro Company and Welsh ministers were joined as interested parties to the proceedings. Mr Justice Hickinbottom was asked to decide if, under the ELD, “environmental damage” was limited to deterioration in the existing environmental condition of the lake or also included the prevention or suppression of the improvement of the lake to standards of water quality set in European legislation. He ruled that “environmental damage” meant a deterioration from the existing baseline and did not include a deceleration of the improvement to the environmental condition of the lake. The Anglers’ Society appealed to the Court of Appeal. That appeal has been dismissed, with Lord Justice Lindblom agreeing with the original decision. He stated that the “baseline” before the damage occurs “is not set at some arbitrary date in the past, or at some arbitrary date in the future… it is deliberately fixed at the moment when the ‘damage’ occurs”. The ruling also stated that as the Anglers’ Society had not specified a broader interpretation of environmental damage in their 2012 complaint, NRW was not obliged to consider damage of a “novel and entirely different type than that notified” by the Society. “This case clarifies the meaning of environmental damage in respect of deterioration and impairment – as well as indicating the scope of the Regulations as applied to nationally designated sites such as SSSIs,” said Richard Forrester, partner at Aarons and an environmental law specialist. “It also highlights an important practical point about notification under the regulations where environmental damage is alleged. The appropriate authority is not required to assess the environmental damage on a broader basis than that notified by the complainant. “The Environmental Liability Directive has never before been tested in England and Wales – so this case is at the cutting edge of statutory interpretation in environmental law.” This article first appeared on wwtonline Source link

Category: Construction Industry Today | Subscribe to Construction Industry Today Feed Published Fri, Apr 1st 2016 Jewers Doors have just completed the installation of forty six Swift fast acting, bi-fold doors for nine new London Fire Brigade (LFB) stations under a £51.5 million Private Finance Initiative (PFI) project constructed by Blue3 consortium, comprising Kier and DIF Infrastructure. Posted via Industry Today. Follow us on Twitter @IndustryToday “LFB have been specifying bi-folding doors to all new and refurbishment projects for over 25 years, and Jewers have been supplying a large proportion of those projects, so Swift doors were first choice for Kier on this 28 year PFI project.” commented Mark Jewers, Director of Jewers Doors.  “The Swift door opens fully in less than 7 seconds, making them ideal for fire stations where appliances need to exit rapidly under ‘blue light’ emergency response conditions. That’s less than half the time it takes for typical vertical lifting doors to open.” Swift doors are designed with safety and security as standard.  Leading edges of the door are fitted with full height pressure sensitive edges, so if a door meets any resistance during closing, it immediately stops and reverses.  In addition, photocell beams inside and outside, create a safe area around the door which greatly reduces the risk of an impact ever occurring.  In the event of power failure, each door can be instantly and effortlessly opened by hand in around 2 seconds. Jewers added, “The sideways opening action and the large vision panel within each door leaf provides the fire appliance driver full visibility of the door position and the street outside, to exit the bay safety at all times.  With vertical lifting doors, it is difficult to judge when there is sufficient height clearance, and in an emergency situation, it’s not unknown for the appliance to hit the bottom of the door before it’s fully open, resulting in downtime, costly repairs to the door and often the fire engine.” Manufactured as a single piece construction, Swift door panels are fully insulated with CFC-free foam materials to optimise thermal efficiency and reduce noise pollution by 25dB. Options for partial or fully glazed doors are available. The new fire stations at Mitcham, Old Kent Road, Plaistow, Orpington and Dagenham are now in full service and the remaining four stations at Leytonstone, Shadwell, Purley and Dockhead are due for completion in early 2016. ends Editor NotesHi- res images available on request More about Jewers DoorsEstablished in 1983 and still a family run business, Jewers Doors is a world-leading supplier of industrial doors operating from a state-of-the-art facility in the heart of Bedfordshire. With over 50 highly skilled and experienced staff, the core of the business is design, manufacture, installation and repair of industrial door solutions across all industrial sectors. The Phoenix range of doors are designed for medium to large industrial applications, while the Esavian range is recognised as one of the world’s leading range of aircraft hanger doors.  Incorporating the very latest concepts and technologies, Jewers Doors have been installed not only in the UK, but also throughout the world including Europe, Middle and Far East and New Zealand.  Source link

The consortium is made up of Aecom, Gleeds and Pick Everard and is the first time a joint venture has been picked by the procurement body. Worth £350m over four years, the Built Environment Consultancy Services framework will provide consultancy services to the public sector. The new framework brings together the services available under Scape’s two existing frameworks: the National Asset Management, Surveying & Design Services framework; and the National Project Management and Quantity Surveying framework. Scape said the decision to merge the two frameworks together was due to a number of challenges facing the industry. “[These] include a shortage of internal industry specialists and an increased demand for consultancy expertise against a backdrop of sustained budgetary challenges,” it said. Around 150 SMEs will support the consortium as supply chain partners. Scape chief executive Mark Robinson said: “Every single day our public sector clients have to balance two competing forces – the rising demand for services from a growing population and, on the other hand, diminishing internal resources. “In the current uncertain economic climate, rapid appointment, access to the right skills and advice to get the best from the public estate will be absolutely critical, which is why we have created this new all-encompassing framework, which has been uniquely designed to deliver exceptional results to our public sector colleagues.” Perfect Circle was up against a consortium of Arcadis, Bilfinger GVA, Faithful & Gould and Grant Thornton and individual bids from Mace and Turner & Townsend, as revealed by Construction News in July. Mr Robinson said it was a closely fought battle, which saw Scape extend its 10-day standstill period to feedback in depth to the unsuccessful bidders. Services under BECS framework: Project management Quantity surveying Building surveying Commercial surveying Architecture and design services Civil and structural engineering Electrical and mechanical engineering Health and safety Highways consultancy and engineering services Strategic asset management Source link

“It is hard to see that there is any real legal merit” to a potential challenge to the approval of fracking in North Yorkshire, law firm Bond Dickinson has told Utility Week. Friends of the Earth and Frack Free Rydeale have threatened legal action against North Yorkshire Council’s decision last month to approve Third Energy’s plans to test hydraulic fracturing at a well near the village of Kirby Misperton They said the impact on climate change of gas from the well being used in Third Energy’s nearby power plant was not properly considered. “Friends of the Earth consider that this effect should have been assessed as part of the environmental impact assessment (EIA) on the grounds that a ‘functional connection’ and interdependence exists between the generating station and the fracking site,” said Claire Brook, a partner at Bond Dickinson. The firm represents companies in the oil and gas sector. According to Brook the campaign group is arguing that Third Energy’s Knapton power plant and the well in Kirby Misperton should be assessed as a single project, as water for the fracking process will be sourced from the power plant and gas from the well will help fuel the power plant. However this argument has already been presented by Friends of the Earth twice already; once in a letter of objection to the application and also in a Queen’s Counsel opinion. The Queen’s Counsel for North Yorkshire Council said the “point goes nowhere” and should be ignored, Brook said. Brook also questioned Friends of the Earth’s application of case law on the definition of projects, which their argument relies on. “At no stage [in the consultation process] was it suggested that the EIA should extend to include an assessment of emissions from the Knapton generating station,” she said. “There was no tactic here to reduce the size of the project to avoid an EIA, as there has been in some of the cases, where projects have been intentionally ‘salami sliced’”. Whilst there may be a connection with the Knapton power plant, she added, “this is an operational facility some distance away which already has the consents it requires, unlike in the case that Friends of the Earth seek to rely on. As such, for EIA purposes, it is not part of the same project.” The EIA itself said “the methane cited by many in objection to the proposed development is, in fact, the resource which the applicant seeks to exploit. It is therefore, not only an environmental, but an economic imperative that fugitive emissions of greenhouse gases, including emissions of methane are reduced to a minimum as far as possible.” As such said Brook “it is hard to see how there would be any likely significant cumulative impacts [on emissions] to consider”. Earlier this month IGas chief operating officer John Balymires told Utility Week UK shale gas should be viable if wells in Britain can match the flow rates seen at wells in the US. Source link

International real estate advisor Savills, on behalf of Kicking Horse Ltd, has let the former Dartmouth Arms public house in north west London to entrepreneur and multiple leisure operator Andy Bird.  The end of terrace public house fronts on to York Rise and sits within the Dartmouth Park Conservation Area, which is east of Parliament Hill and is arranged over ground floor and basement with an approximate gross internal area of 2,267 sq ft (210 sq m).  The quoting rent was £70,000 per annum.  Chris Bickle, licensed leisure director at Savills, comments: “Demand for free-of-tie leases remains very strong, particularly in sought after London neighbourhoods like Dartmouth Park and Highgate where Savills recently sold The Bull to Gorgeous Pubs.” Andy Bird also owns Fanny Nelson’s and The Chesham Arms in Hackney and is co-owner of the award winning Happiness Forgets in Hoxton, which has been voted the “8th best bar in the world”.  The Chesham Arms was CAMRA’s East London and City Pub of the Year 2016. Bird has begun a three month refit at the Dartmouth Arms and is considering a crowdfunding initiative that would allow local people to directly invest in the business.  Once open, the new look pub will focus on serving local beers, a solid Sunday Roast offer and all staff will be paid the London Living Wage. Andy Bird was unrepresented. Source link

Data from the Markit / CIPS Construction Purchasing Managers Index, which measures activity in the construction sector, reported the fastest drop in output since June 2009. The report found commercial building experienced its steepest fall in six-and-a half years, while civil engineering activity dropped for the first time in 2016. It was released the same day as the Federation of Master Builders raised fears over wage inflation and the rising costs of materials for SMEs following the EU referendum. The Markit / CIPS index registered 45.9 for July, down fractionally on the 46 recorded in June but well below the no-change mark of 50. Construction firms reported weaker order books for the third month running. This was largely attributed to the EU referendum “dampening client confidence” as they adopted a “wait-and-see approach” in the lead-up to and following the Brexit vote. Markit economist Tim Moore said the figures confirmed a clear “loss of momentum” since the second quarter of 2016, led by a “steep and accelerated” decline in commercial building. He said: “UK construction firms frequently cited ongoing economic uncertainty as having a material negative impact on their order books. “In particular, survey respondents noted heightened risk aversion and lower investment spending among clients, notwithstanding a greater number of speculative enquiries in anticipation of lower charges.” Reaction Richard Threlfall, head of infrastructure, building and construction, KPMG UK: “In the longer term, a lot will depend on the path the UK carves out for itself: whether it chooses to sail the seas alone or manages to join a flotilla of like-minded others to make its prospects stronger. “However, the economic impact will be significant under most outcomes, with UK GDP potentially 4-6 per cent lower by 2031 than if the UK had voted to remain in the EU. This will inevitably impact on construction demand. “Businesses need to start planning now for a range of possible scenarios including new tariffs and other trade restrictions, pressures on wages and labour availability, and a deterioration in public finances.” Mark Robinson, chief executive, Scape Group: “Hope of further stabilisation has come with the newly appointed government, with the new prime minister and chancellor strongly indicating that they will continue to invest in major infrastructure projects to support the economy. “It is certainly more important now than ever that projects such as High Speed 2 and the Northern Powerhouse remain a top priority to support construction and a strong united economy for the long term. “I count myself among those who believe that construction will bounce back from these more testing times, both in terms of activity and efficiency, and will continue on an upward trajectory once economic and social conditions have stabilised.” Julie Palmer, partner, Begbies Traynor: “UK construction has been one of the hardest hit sectors following the Brexit result. The rise in uncertainty will have led to a steep slowdown in investment activity and so, in the short term at least, UK construction will feel some pain. “Indeed, our recent red flag data revealed that 22,651 construction companies were suffering from ‘significant’ financial distress, suggesting that the foundations for the sector were already under pressure before the vote. It is likely that the UK construction industry will see further uncertainty over the coming months as investors delay decisions while the details of a Brexit are scoped out.” Lee Bryer, research manager, CITB: “The figures reported today reflect the growing economic uncertainty following the EU referendum. There’s no denying that workloads have slowed, but our own consultations with industry show that there is still resolve out there. “Output in infrastructure remains at historically high levels and many housebuilders are optimistic about the medium term. Commercial and industrial construction is a concern though.” “It’s simply too early to say whether the lack of new work will continue for any length of time or if this is just a temporary reaction to the Brexit vote, but uncertainty is not good for the markets and can have a knock on effect in construction.” Insufficient new work to replace completed projects resulted in a decline in employment numbers for the first time since 2013, while subcontractor availability rose at its fastest pace since September 2012. A weaker sterling exchange rate contributed to material prices seeing their steepest rise since March 2015. The falling pound led to concerns that SMEs incomes could be hit by inflated wages and rising material costs brought about by the leave vote. SME fears The FMB’s State of the Trade Survey for Q2 2016 found that nearly two-thirds of the 300 SMEs surveyed had anticipated rising material costs ahead of the EU referendum. FMB chief executive Brian Berry said this would only get worse for SMEs, with the falling pound set to add to firms’ materials bills. He said: “Following the EU referendum, the plummeting value of sterling has further complicated an already difficult situation for small construction firms. “The results show that firms were already pencilling in escalating costs for the coming months, but few will have anticipated a 9 per cent drop against the euro and 12 per cent against the US dollar. “The UK construction industry is heavily reliant on imported products and materials, so this situation is very concerning indeed.” This combined with skills shortages was putting upward pressure on salaries and wages, making running a small construction firm increasingly expensive, the federation said. It added that falling public sector workloads were increasing to the pain and called on the government to do everything in its power to “reverse the situation and get Britain building again”. 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Rentplus has furthered its growth plans by signing a deal to provide new affordable homes in the Cotswolds. Plymouth-based Rentplus, which has plans to build 5,000 new rent to buy homes over the next five years, has acquired six properties from Lagan Homes at its new development at Lechlade in Gloucestershire. The six properties at Lechlade – on the southern edge of the Cotswolds – will be managed by housing association GreenSquare. The homes have been built as part of the affordable housing on this new development and are a mix of two, three, and four bedroom semi-detached properties. Occupants will have fixed term renewable tenancies for a period of either 5, 10, 15 or 20 years at an affordable intermediate rent set at 80 per cent of market rent. This includes service charges, and with no maintenance responsibilities, occupants have time to save for a deposit and build a credit history that will support mortgage applications. Richard Connolly, Rentplus CEO, said: “We are delighted to have our first scheme in the Cotswolds, and to be working with Lagan Homes, Cotswolds District Council and GreenSquare to deliver affordable homes for local people. This agreement with Lagan Homes is significant for a number of reasons, building on our track record and strategic plans to develop the Rentplus concept across the UK. We are also in discussions over a number of other exciting development opportunities. This scheme is also another great example of how through collaboration we can bring more affordable housing onto the market and demonstrates the importance of innovative affordable housing models such as Rentplus in extending the opportunity of home ownership to more people.” Jenny Spoor, GreenSquare’s Group Head of Neighbourhoods, said: “We are excited to be taking over the management of these six properties in Lechlade and are pleased to be working alongside Cotswold District Council to boost the number of high-quality affordable homes for local people. As an affordable housing option, with the added bonus of providing a route into future home ownership, Rentplus offers a realistic solution for people who are struggling to get on the housing ladder in the traditional way – we’re looking forward to welcoming the new tenants into their homes.” Cotswold District Council (CDC) Cabinet Member for Housing and Communities, Sue Jepson, said: “This scheme shows how a partnership approach between housing providers and local authorities can create opportunities to deliver more affordable homes. This is a new type of tenure in the Cotswold District for helping people into home ownership, and I look forward to seeing the first residents move in.” Source link