Professional Documents
Culture Documents
timber framed
Why a development of luxury homes near Rights of light
Maldon are starting life in Ireland. Leading law firm Fladgate LLP illuminates
the subject.
Although we are still a good few weeks from UK’s frustratingly dysfunctional planning
the end of the year, I am feeling quietly system, be they mystifying decisions or just
confident that the Development Finance delays due to unnecessary red tape or
division is going to post record breaking insufficient and inexperienced local
lending figures for 2015. We have already authority planning staff.
surpassed our 2014 total and with a strong I am very pleased therefore, that Housing
pipeline to see us through the last quarter, I Minister, Brandon Lewis MP, has at last
don’t think I’m being too bullish with my announced in connection with the Housing
predictions. This should round off an and Planning Bill, a decision regarding the
excellent year for the team which also saw future of permitted development rights. The
us win the ‘Development Lender of the Year’ simplification of planning requirements for
category at the Bridging and Commercial office to residential conversion was well
Awards 2015. received by many developers and has been
As a team we’ve never been busier and the one of the most successful initiatives of the
level of new proposals coming into the Bank last government. United Trust Bank has and
are a good indication of the confidence are still funding several such schemes where
developers have in the UK property market developers have successfully transformed
continuing its steady recovery. House price disused office buildings in prime town and
growth in London and the South East city centre locations into attractive, high
undoubtedly skews the national picture, but demand apartments. The trouble is, that Following the successful conversion
according to the Nationwide’s most recent uncertainty around what happens when the of offices to form nine apartments
House Price Index, most areas of the UK saw temporary order expires next year, is under permitted development
annual house price gains in Q3, with the preventing larger schemes from getting rights, UTB was asked by our
exception of Scotland and the North West. underway, a full eight months before the borrower if we would consider a
When looking at England in isolation, the order expires. Developers and lenders needed further scheme involving a joint
annual percentage change to house prices in assurance that schemes do not risk being in venture with their contractor. The
Q3 was a 6% increase year on year. Although breach of planning requirements if any new project will create 26 units, also
house price inflation is outstripping wage dwellings have not begun their new use by under permitted development
inflation in most areas, and there are signs the 31st of May deadline. rights, in a south London suburb.
that interest rates could be moving up some Therefore we do need government to Following a visit to the site and due
time next year, I’m comfortable that, for the follow up the announcement with the diligence on the contractor, we
time being at least, the economic appropriate legislation. Until they do so, we were able to agree a facility of
environment remains largely benevolent for remain in limbo. £3.7m to assist with the purchase
house building. The proposal to make the temporary rights of the site at 65% of its purchase
There are pockets of strong demand for permanent, and increase the range of price plus 100% of the build costs,
new homes all around the country and we buildings which can now fall within the interest and fees which equated to
see considerable potential to increase our order, has sparked something of a political 60% of the GDV.
activities in the North of England. Although row and the Bill has yet to pass into The borrower’s contractor then
we have previously funded projects in this legislation. But it does give developers more asked if we would fund them
area, we believe that having people on the assurance that the government does not directly for a 30 unit permitted
ground and based in the region will open intend to pull the wool from under their feet development rights scheme in a
up further opportunities both in come next May and many will now start to good Kent town. Within a couple of
development finance and bridging. Our aim progress schemes which they had days we were able to offer them a
will be to make UTB a significant lender mothballed pending a decision. facility of £2.9m to assist with the
supporting individuals and SME developers One of the government’s biggest purchase of the site at 55% of its
across the North. We’re still looking for the challenges over the next five years will be purchase price plus 100% of the
right people with suitable property finance tackling the shortage of housing. This build costs, interest and fees which
experience, but I hope we’ll have news on decision, and other proposals which include equate to 60% of the gross
that front soon. a commitment to deliver 200,000 discounted development value.
It appears that, at last, the government affordable starter homes and the extension
has made some decisions to back up several of ‘Right to Buy’ to housing association The total connected exposure is
of the Conservative party’s pre-election tenants, should send a clear message to £6.6m secured across 2 sites with
property related pledges. When talking to developers that the government intends to a total GDV of £11.1m and an
developers, it often seems that by far their stand by its pledge to get 1 million new LTV of 60%.
biggest challenges are presented by the homes built by 2020.
Guest article
Rights of light
Daniel Polden (Partner), left,and Roy Perrott (Professional Support Lawyer), right, of Fladgate LLP.
If the objector manages the risk. The policy needs to be studied very
carefully so that the developer knows what
statutory test that would favour the award
of damages where the grant of an
to stop the development, is and is not covered and, just as injunction would be “disproportionate”.
importantly, what action might void the Factors such as the objector’s conduct and
only the developer’s out policy. The policy may cover all or just some the extent of the loss of amenity would
of pocket costs are likely of the potential objections. “Pre-planning”
cover is more expensive than post-planning
govern whether damages would be a
suitable remedy. An injunction could still be
to be covered. cover because of the risk that the planning granted in special cases but it would no
process will bring objectors out of the longer be the default position. Another
➤ to consider whether insurance is an woodwork. Policies will not usually provide recommendation is the introduction of a
option. This is an alternative to seeking a cover for loss of profit so, if the objector new statutory notice procedure. Put simply,
settlement with the objector. Insurance manages to stop the development, only the the developer would serve notice on the
needs to be considered at the outset. developer’s out of pocket costs are likely to objector, who would then have eight
Understandably, most insurers will not be be covered. months to decide whether it wished to
willing to provide cover if the developer has Insurance may, in spite of its high price apply for an injunction or settle for
already alerted the neighbour to the tag, ultimately be cheaper than negotiating damages. The idea is to compel the objector
existence of a possible right of light and a settlement with the objectors but the to “put up or shut up”. The Law Commission
offered to pay him compensation. work involved in devising an insurance have also recommended that if the right of
Right of light insurance is not the policy that meets the developer’s needs light has not been used for at least five
panacea that it may first seem. It doesn’t must not be underestimated. years, it should be treated as having been
make the problem go away and it may not abandoned.
allow the development to go ahead. A claim Reform Unfortunately, UK governments have a
under the policy will need to be referred to There have been loud calls for reform in this poor record in implementing the Law
the insurers and this will inevitably lead to area. Last year, the Law Commission issued Commission’s proposals. An earlier report
delay, and delay usually leads to more costs. a report setting out its proposals for in 2010 is still awaiting attention and
Right of light insurance is a specialist reforming the law. Most of their proposals those proposals need to be implemented
product that comes with a hefty premium. are sensible and were welcomed by first. Rights of light are therefore set to
The underwriter will need a significant developers. play a major role in development for some
amount of information to accurately assess The main recommendation is for a new time to come ■
Case Study
Situated in the quiet Essex village of Langford a few miles from Maldon and the
Blackwater estuary, Sunbury Homes are building 11 luxury, detached homes with
a difference.
For as well as being beautifully light and Sunbury Homes have completed 30 new buy in aggregate and shingle later on, they
spacious, with high ceilings and a very high homes and together with schemes in the hired equipment to screen and grade the soil
quality finish, these homes, or a large part pipeline, will have achieved a projected onsite. The process saved hundreds of lorry
of them at least, are actually being turnover in excess of £30m GDV. In miles and as well as being better for the
constructed in Ireland. addition, Ian and Angus recently welcomed environment and the neighbours, Sunbury
Sunbury Homes are using an advanced, Terry Brunning to the team as a partner of believe they ended up with better quality
closed panel timber frame construction Sunbury Homes. aggregates and topsoil too.
system which has been developed by TTFC As Ian shows me around what will soon “I am certain that in addition to the
Ltd (The Timber Frame Company) and is be the show home, he explains why environmental benefits that this exercise
fabricated in Wexford. Ian Jeffrey, the co- developing his own projects has been more will have saved us money” he says. “But
founder of the developers, Sunbury Homes, satisfying than running a major even if it were cost neutral I feel good
had invited me to Langford to see for housebuilding company. about it. Sometimes there are different and
myself how modern timber frame “I’d enjoyed my time at Barratt, Bellway better ways of doing things if you think
construction was benefitting their and Persimmon but I felt the time had about them rather than just jumping in and
customers and their business. come for me to start building homes I doing things the same way because that’s
Ian is a career housebuilder with 30 could take a real personal rather than how they’ve always been done.”
years’ experience in the construction corporate pride in. I wanted to build homes With floorplans ranging from around
industry. He began his career with Barratt I would be happy to live in myself, and that 2800 ft2 to 3200 ft2, plus one special
East London in the mid 1980’s and having generally means doing things differently to house with the potential for a huge roof-
started in technical roles, moved into land a volume builder.” space den, cinema or man-cave, these
acquisition and development. Prior to In addition to taking the more unusual attractive houses were never going to be
founding Sunbury Homes with business decision of building with a closed panel small. However, instead of putting in extra
partner Angus Bates in 2011, Ian had spent timber frame construction system, Sunbury bedrooms to boost the saleability of the
five years as the MD of the Essex divisions also took a different route when clearing the circa £900k homes, Sunbury wanted the
of Bellway Homes and most recently, 4 acre site. Instead of digging up and carting emphasis to be on the roomy rather than
Persimmon Homes. In just four years away several hundred tonnes of soil only to the room count.
Case Study
“Four bedrooms and three to four advantages is the speed at which the factory in Ireland, an experienced crew
reception rooms is enough for most weathertight ‘shell’ can be erected enabling from TTFC work quickly to crane in the
families,” says Ian “and at that price ➤ work inside to commence straight away. Ian panels and fix them all together. Once the
➤ point they’re going to offer great value explains; design is signed off it takes a month for the
for money in this location. We decided to “It takes around a week to get from a panels for a house of this size to be
have generous room sizes, high ceilings, screeded floor slab, with underfloor heating manufactured and shipped to the site. The
wide corridors and an impressive hallway already installed, to a wind and water-tight panels are pre-insulated and the windows
and landing area to give the house that structure with all windows and doors fitted and doors are usually already installed at
luxury feel rather than just trying to and the roof felted and battened. The day the factory. Holes for power sockets and
squeeze in extra rooms.” the bricklayers can start work on the outer light switches are pre-cut with conduit
The house is light too, with big windows skin is the same day the electricians, fixed behind the Rigidur panels ready to
and plenty of them. Ian continues; “One of plumbers can get started on the first fix drop the cables down. It’s an electrician’s
the benefits of the TTFC closed panel timber internally. Enabling these critical path dream.
frame system we’re using is the activities to progress simultaneously rather Timber frame construction has come a
tremendous insulation qualities. The homes than sequentially saves time and reduces long way since the method fell out of
are virtually airtight and because the u- the chances of any delays to the build being favour with major housebuilders in the
values are so good we can have more glass caused by bad weather or labour issues on mid-1980s when a notable World in Action
and more light but still produce a really the brick or blockwork. As a developer, that TV documentary about Barratt’s timber
warm and energy efficient home.” framed houses caused so much controversy
If it wasn’t pointed out that there was that attitudes towards the construction
only one layer of brick or blockwork on this technique are still coloured by it over 30
house there’s very little to give the game years later.
away that this is a timber frame structure. The investigation at that time revealed
1
One tell-tale though is the external walls, 2 that some of Barratt’s homes had been
which comprise structurally insulated 3 constructed so badly that there could be
panels (SIPs) plus your choice of exterior serious issues with condensation leading to
4
layer (in this case brick but it could be a 5 wood rot and that inadequate fire stopping
range of finishes from rendered blockwork in the cavities increased the risk of a serious
to timber or metal cladding). The walls to 6 fire. The fall-out saw Barratt and other
this house seem thicker than usual and 7 major housebuilders largely turn their backs
they actually make it seem more substantial on timber framed building. However, the
and solid than a traditional build. I can’t 8 technology, and quality control has moved
resist the urge to tap the walls with my 9 on a great deal since then.
knuckles to see if I get that disappointing Leigh Porter has been the Sales and
hollow sound. I needn’t have worried. The The illustration indicates a timber frame structure: Marketing Manager of TTFC since they
1. Inner lining of plasterboard
interior “plasterboard” is made from a high 2. Structural timber frame
started operating in the UK five years ago.
density fibreboard produced by British 3. Stainless steel wall tie However, the company has been at the
Gypsum called Rigidur which has been 4. Vapour check forefront of timber frame construction
developed for off-site construction 5. Thick insulating quilt - CFC free since 1995 and in the last 20 years has
methods. It has excellent acoustic and fire 6. Sheathing board provided the frames for thousands of
7. Waterproof breather membrane
resistant properties and is so strong you 8. Brick or block outer cladding
residential houses, offices, hotels and
can screw heavy loads like kitchen cabinets 9. Clear wall cavity nursing homes, to name but a few of the
straight onto it without any special fixings. uses for which TTFC frames have been
You can Ebay your hammer drill. You aren’t employed. To say Leigh is passionate about
going to need it any more. gives me greater certainty about project TTFC’s closed panel system would be an
The benefits of timber framed timescales, something which is also understatement, and it’s clear she takes a
construction to the homeowner are just appreciated by the bank.” personal pride every time a new project
one side of the equation. The other side are It does look strange seeing a full size gets underway.
the benefits to the developer. From scaffold erected around a bare ground floor “Timber frame construction is eminently
Sunbury’s point of view one of the key slab, but once the panels arrive from TTFC’s suitable for a climate like ours” she says,
“and the further North you go the more
timber frame houses you find. The
Scandinavians and Canadians have
embraced the benefits of building warm
homes quickly in places where the weather
can be wet and wild. Our panels are very
weather resistant and can be erected in rain
and cold without a problem. As long as it’s
not blowing a gale and the crane can
operate, the build goes on.”
The image and reputation of timber
frame construction has improved with
There’s no doubt that interest in timber frame
construction is growing and working with quality
housebuilders like Sunbury Homes can only help to
push the message out there further.
companies like Huf Haus making self-build with a traditional build. There’s a 10% the experience Angus and I had gained in
chic and programmes like ‘Grand Designs’ deposit at the planning stage, then a 40% our careers to date made us a good bet.”
showing that there can be more to payment at the manufacture stage and Explains Ian. “Within a few minutes of
housebuilding than bricks and mortar. the balance of their invoice required meeting Noel I felt that he understood
Leigh is delighted that timber frames are about a month after the on-site what we were about and recognised the
making a comeback in this country. “There’s construction of the frame. When a project opportunity we presented. We seek out
no doubt that interest in timber frame is progressing quickly that could mean sites which may not be as straightforward
construction is growing and working with the developer has incurred around 50% as some developers prefer. But with our
quality housebuilders like Sunbury Homes to 60% of their construction costs within combined experience we can overcome
can only help to push the message out two months of starting the build. The issues and potentially add even greater
there further. Ian is making full use of the lender needs to be comfortable with and value through revisiting the planning and
benefits of the closed panel system and prepared for that outlay.” redesign. Some lenders don’t like tricky
creating desirable, energy efficient homes United Trust Bank are no strangers to sites but UTB look at proposals in the
for discerning buyers.” funding more unusual projects using round. We’ve found them to be a very
But does timber framed construction cutting edge construction methods. knowledgeable and supportive finance
present any challenges for securing Recent developments have included a partner who understand the development
development finance? I asked Noel London apartment block where entire process and ensure that the money for
Meredith, Executive Director of United apartment units were constructed in suppliers and contractors is always there
Trust Bank, Sunbury Homes’ development Latvia complete with kitchens and ready when we need it.”
finance provider. bathrooms and then shipped by lorry to It has been a beautiful, sunny September
“Some development finance lenders the Battersea site where they were day. There’s not a cloud in the sky and it’s
aren’t keen on timber frame.” He explains. dropped into place like giant Lego bricks. warm enough for shirtsleeves. But
“Firstly because some lenders don’t like to Noel and Ian were first introduced when following hard on the heels of the wettest
look at anything out of the ordinary but Ian and business partner Angus had found August on record, many developers will be
also because the funding requirements it difficult to get funding for the first turning their thoughts to winter and
for a timber frame project are slightly Sunbury Homes project in Upminster, hoping that heavy rain and snow will stay
different to a traditional build.” Essex. away. However, in this particular patch of
Noel continues; “In most cases the “We were a new development company Essex it doesn’t really matter what the
timber frame supplier, in this instance and this was our first project and although forecast is. Come rain or come shine, these
TTFC, needs a significant part of the build banks like to deal with developers with a luxury homes will be finished exactly when
cost much earlier in the project cycle than good track record, Noel recognised that Sunbury Homes wants them to be ■
Guest article
Rarely a day goes by when someone, somewhere isn’t talking about our housing
crisis. The problem is that we don’t tend to go into much detail about either
what this ‘housing crisis’ consists of or who it’s affecting. As a result, it’s no
surprise that, even after 30 years, we’re a long way from solving it.
So what is the real picture of housing regional basis. up to the last election. Rents are often
across the UK? Well, we have a population For example, according to the English quoted as ‘extortionate’ but, in the main,
of just over 64.8 million people currently Housing Survey, there are around 14.3 the reverse is almost true. For example, in
housed in around 26.4 million homes. By million owner occupied homes in England my own report on the Private Rented
2020, our population is expected to rise to alone. Of these, more are now owned Sector in February of this year,
67.2 million, and it’s estimated we need outright than with a mortgage and, affordability was shown to be reasonable
around 29 million homes to house this thanks to the current historically low in all areas bar Greater London and the
growth. Unfortunately, based on Mr interest rates, those borrowing to own a South West. In some areas, according to
Brandon Lewis’s recent forecasts, we’ll be home are paying some of the lowest rates the Belvoir Rental Index, there are still 12
lucky to have a million new homes by then. ever. The repossession rate is currently “at counties where rents are actually below
Assuming we define a housing crisis as a its lowest since records began” and the height achieved in 2008, seven years
shortage in supply, there’s no question we continuing to fall, according to the ago. And, although rents have shown
have one in the UK and that it’s going to Council of Mortgage Lenders, with the rises since Q4 2014 across most indices,
continue – based on ‘average’ figures. number of people struggling to pay just this is because they generally move in line
However, if there’s one thing I’ve learned 100,000 out of approximately seven with earnings, which were lower than the
about property, it’s that averages can be million mortgage holders. rate of inflation up to this time. This is
extremely misleading. For the vast majority of those who backed by data from the Office of
A better way to identify what this already own a home, therefore, a housing National Statistics’ new Index of Private
housing crisis really is, is to look at the crisis doesn’t really exist. Housing Rental Prices, which shows that
property market in a different way: from The next form of tenure is the Private over the last ten years, on average, rents
the consumer’s perspective and on a Rented Sector, much critiqued in the run have risen each year by just 2%.
Their latest index (April to June 2015) ‘catch-22’. In parts of London it’s virtually housing crisis. In much of the private
shows rents have risen by 2.5% in Great impossible for many people to find a sector, in areas that are affordable, the
Britain in the 12 months to June 2015, property they can afford to rent, let alone job is already being done. The issue is not
breaking down into a 2.5% rise in England, buy, and that comes right back to the necessarily the amount of stock, but the
a 2.1% rise in Scotland and a 0.8% rise in stock issue. We just aren’t building type of stock that’s in short supply - and
Wales. Even in London, they only increased enough homes, in the right areas, at the places where it’s needed most are
At United Trust Bank we look closely at a range of different charts, Additionally, gross lending figures from the Council of Mortgage
statistics and predictions to help us understand an ever-changing Lenders provide a clear picture of activity in the mortgage market.
economic environment. Included within these are the excellent It is by looking at these different statistics and others that enable
market reports from Savills from which our first chart is taken, and us to understand and appreciate the conditions within which our
the latest house price data from the Land Registry and Nationwide. customers operate.
Savills Residential
Prime Markets Five-year forecast values
Property Focus
These forecasts apply to
Residential Markets, five year average prices in the second
forecast values, 2016-2020. hand market. New build values
may not move at the same rate
Maintaining balance
The relationship
between affordability
and accessibility is
key to the prospects for http://pdf.euro.savills.co.uk/uk/residential-property-focus-uk/residential-property-focus-issue-3.pdf
the housing market?
Residential Property Focus, Issue 2, 2015 “Over the next five years the economic recovery should spread geographically. This is
likely to result in much less London-centric price growth than we have become
accustomed to, even if our crystal ball indicates that it will be tempered by the twin
constraints of mortgage affordability and accessibility.”
Source is Savills Research– Lucian Cook, head of residential research, Savills October 2015
November 2015
Land Registry Slight pickup in house price CML gross mortgage lending
House Price Index growth in October LENDING
YEAR MONTH
Average annual price change (£ms)
October 18,369
November 16,116
December 16,225
February 13,520
£186,553.