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A seminar series organised by HTA
Architects Ltd
Report of seminar held on
partnering on 5 May 2000 in London
Main conclusions
Sustainable placemaking is a long term project. Partnering
and PFI are complementary because they too are based on long timescales, and
have a significant role to play, alongside other initiatives.
Building trust is key: the best chance of success in
achieving it, is to involve all the partners - including the community - from
the earliest possible stage.
Attention must be paid to the whole neighbourhood and not
simply to isolated estates; initiatives are most likely to succeed where the
surrounding area also has a future.
Investment is needed in the initial stages of developing
partnering arrangements: the lessons learned in first stages are likely to
provide the real benefits in second, third and subsequent developments, and
help repay the original input.
Specific points relating to individual
partners:
It is vital that politicians and government (including the
Housing Corporation) appreciate that they need to abandon short-termism.
All partners must make gains from reductions in cost: local
authorities and housing associations should take into account that builders
need to make profits.
Although cost cuts may take a while to achieve, clients want
to see the prospect of contractors and developers achieving genuine savings
within a reasonably short term horizon.
Introduction - Ben
Derbyshire, HTA Architects Ltd
Aims
The aim of the series of seminars is to clarify what we mean
by placemaking and our objectives. It may be we can achieve a joint 'manifesto'
or at least an agreed definition, and how we envisage the role of partnering in
helping to deliver.
By talking through the issues we might get to an
understanding about types of partnership arrangements and how we might begin to
develop the process.
HTA's other objective is to try and establish strategic
partnering arrangements. So far, our involvement has amounted to a number of
post competitive partnering arrangements, some of which, frankly, have been
'shotgun' marriages: some have worked better than others.
We also aim to hold a final event with a wider audience to
explain what we have achieved.
What is sustainable placemaking?
Placemaking involves making places which are popular and
where people want to live. We believe it is a complicated issue and success is
difficult to achieve.
We emphasise the importance on generating ideas up front -
ideas that are exciting that motivate and create a vision - as well as on
delivery.
Ken Bartlett of the Joseph Rowntree Foundation has coined a
working definition which we use a lot to describe sustainable placemaking -
it is to provide housing that is affordable and everlastingly sybaritic.
Affordability is vital. We believe that generic
solutions need to be found to help achieve this through reducing costs, both in
processes and products.
We are finding increasingly on large projects that we end
up with a very tight programme, working with people we have never met before,
getting to know each other on a timetable which requires us to deliver
extremely ambitious objectives. Each time we are working on a prototype.
We are working on schemes which involve, at a rough
estimate, some 20 000 homes: with that we should be able to get the benefits of
scale but it seems very difficult to do so - hence our search for strategic
partnering arrangements.
Despite the difficulties we are making some headway. Our
plans for Greenwich Millennium Village were based on a 'flatpack' prefabricated
systems subsequently taken up by the Amphion project and by Wimpey. With
Peabody we are working to recycle our experience of urban house types involving
high-ish densities, and aiming to develop a partnering process to find others
to help build them, and also to market and promote them.
Everlasting comes from the environmental issues and
Agenda 21. We have a landscape of layers - looking at such issues as
topography, water, and ecology, and site choreography and where there is often
a depleted ecosystem. It is also about providing choice and diversity.
Sybaritic - with its connotations of luxury - may
appear to be overstating matters. But in one of the richest economies in the
world people expect to be able to enjoy their lives at a fairly sophisticated
level. Those of us working in social housing need to move out of the mindset
that we are providers of basic accommodation, into an understanding that we are
trying to provide what people want, in what is going to be a market place in
which they have choice.
It is also about planning for the full enjoyment of life -
living, learning, enjoyment, leisure, good health and freedom from crime. This
is what will make places popular. We believe it is vital in placemaking to
employ people with skills in all these areas.
Vital in all this is the need to consult people, to
understand their needs and aspirations. We have our own in-house User Research
subsidiary because we think it is extremely important for projects to have a
real understanding about aspirations, whether people already live there or not
(there are techniques such as opinion surveys and focus groups where they do
not).
In building communities we believe there is a real need for
capacity building. Our experience shows that highly stressed communities often
find it difficult to engage in these very complex projects.
Understanding of governance is required: ways are needed to
enable community trust to organise management and ownership around devolved
structures.
There is also the important aspect of community
infrastructure - often referred to as social capital. It covers the degree to
which people interact and the capacity of the community to engage with itself
and its surroundings.
We believe that information technology can be a very
powerful tool in all of this; a virtual community infrastructure enhances the
physical infrastructure. A community intranet can complement good urban design
and physical facilities such as community buildings to help bring people
together. The revolution of the dot.com economy should be able to provide new
resources to areas which have been deprived of success.
Partnering is a clearly long term agenda. We need to look at
the ways that the various projects organise themselves and the working
arrangements that make it all possible.
Analogies can be dangerous but the structure of partnering
arrangements can be likened to the idea of molecules. We need to find the
'chemical process' to enable the molecule to come together in a stable way - it
needs an nucleus and strong bonds. We need to decide what are the elements
needed to combine to create that nucleus.
Partnering - A contractor's
view
Making money from social housing has not necessarily been
the priority for contractors: turnover has been more important. Partnering has
come along and seems to offer a way forward, a vision for the future where
everybody can work in unity.
Construction is no longer an exciting area for investors.
Firms in the construction industry making a profit of 1% are doing extremely
well - most of the industry makes less than that. This has led over the last 20
years to lack of investment, training and innovation.
It has led to a rationalisation where particular the big
companies have sold off subsidiaries such as housebuilding and aggregates. They
are big contractors who can no longer survive through subsidies from other
parts of their organisation. There are too many players in the market.
Our client base is social housing - traditionally local
authorities though increasingly housing associations. They are ultimately
driven by price and the transparency of the process and has lead to lowest
price tendering - if you accept the lowest price nobody can point the finger
that you have been manipulated.
It has led to design and build - a fine product but cleverly
hijacked by housing associations. It has led to fixed price tenders. A lot of
schemes were built and refurbishment was achieved but a lot of problems arose
from it.
Along came Egan with all the percentage improvements that
could be gained. But I think you have got to ignore those. The principle should
be to achieve improved performance and how you can all do better out of it. So
rather selfishly I got interested in partnering as I could see it as a way of
achieving continuity - which is the biggest problem for a contractor.
We used to agree to do a project whatever the size. You
created a big machine to do it in the hope for repeat business. But often the
client walked away. But you kept your team together because you hoped you were
going to get the next job. Often it has meant taking a job at a low price in
anticipation of future work through which to claw back that initial
investment.
Partnering seems to offer like-minded souls the ability to
create a long-term relationships. I do not want to build a single block of
flats for say £2million. I am aiming for what follows so that we can
learn the lessons of the first block and apply them to the second and
third.
But how can clients - who have to answer to a board or
council meeting - be sure they are getting value for money? The question is how
to overcome that.
Another issue is the elongated interview processes. You go
through enormous complicated questionnaires. But in the end the weighting comes
down to 80% on the cost. If a contractor is tendering at below cost he cannot
provide the additional benefits.
If one company wants a 10% margin and the rest of the market
wants 8%, much of the environment and community benefits get is squeezed I have
not yet met a client yet who is strong enough to resist. The pressure comes on
to reduce the price so it's back to confrontation.
As yet there is no form of contract for a formal partnering
agreement. Everything so far is bolt on. You cannot ask a contractor to tender
in a competitive market place and then add on a partnering agreement and share
the savings a contractor makes - I would argue that you should share the losses
as well.
Many schemes involve long periods of consultation with
tenants - by the time the contractor comes along 80% of the programme has been
agreed. That's alright if you are merely a contractor, but as a partner you
have had no influence on that part of the programme. An important issue is to
ensure that everyone should 'own' the scheme to build trust.
But partnering can work.
We are involved in several partnering agreements. One of
them will cost us - and the housing association - about £400,000 each.
Enormous lessons are being learned. We have a very good relationship - It is a
very open .The chief executive of the association says that money is the cost
of providing democracy - tenant consultation is expensive.
The benefit to us is that we have been guaranteed continuity
of another very major scheme. We dont think we will incur those costs a
second time but certainly we will be able to start to make savings in the basic
technical things - in the way we approach the job and, more important, in the
way we programme things. The trust is now there.
Building trust
One scheme has involved refurbishment packages - kitchen,
bathroom, central heating and new windows. In the first stage the scheme was
set up so that each flat was completed in five weeks. That caused enormous
programming problems.
In the next stage we are going to break it down into
different projects - so the heating goes in first, then the kitchen and renewal
of the mains as a separate package.
You are in each flat perhaps three or four days for each
section of the work and the disruption is going to be over a much longer
period, but the programme that it is going to be much more flexible.
We believe it will enable much more innovation and choice to
the individual tenants. It may be only layouts of kitchens and whether you
knock the loo into the bathroom, but because it is not such a rigid programme
carried out within five weeks, we can cater for individual tenants needs.
If you tendered for that flexibility it would cost more. But
because it's all been part of a programme and on a formula, we believe it will
reduce cost by 6-7% compared with current costs.
(contractor)
Partnering - A local authority
approach
We got interested in partnering for the refurbishment of
tenanted properties - fairly bog standard external refurbishment. It was not
for any idea about placemaking but because we were sick and tired of the
traditional adversarial approach, with schemes above budget and beyond
deadlines, increasing conflict with contractors and the amount we spent on
litigation.
We set up 18 month pilots - in other words, not long-term.
We set up two packages of about £3.5m each which aped our overall
programme. After a two stage tendering process, which was weighted 80% towards
quality, two contractors (Willmott Dixon and Llewellyn) were appointed. We
monitored them intensively using external consultants. The intention was to
benchmark them against each other, against other partnering schemes and against
our traditional programme.
We did it on a guaranteed profit margin and on an open book
basis. We found that they did come in on budget and time, with about
£0.5m of extra value that would previously not have been achieved.
Teamwork encouraged people to make savings.
We introduced innovation in processes, holding awaydays,
facilitated sessions with contractor, council, tenants and, increasingly, sub
contractors, so we were getting into the supply chain. Satisfaction levels were
quite high.
We only put a toe in the water on concepts such as value and
risk management. We were unable to develop generic processes during an eighteen
month pilot.
We didn't prove a highly scientific case, but it encouraged
us to want to go into this in a bigger and more strategic way.
We wanted to extend it to a five to ten year basis and on a
geographical basis so that the partner could really get to know the local area
and get a longer run at it to gain the benefit of repeated processes.
Overall we believe partnering - or the principles of it -
are still the way forward to get away from the short-termism that pervades the
process. We need to align the diverse objectives of all parties.
Developing teamwork for real, changing cultures and
developing new skill is not about changing contractors. Our biggest problems
have come from elected members who can be very distrustful and traditional, the
staff who have learned to bash contractors under CCT, and the internal
regulators such as the lawyers and finance people who have got hooked on the
idea that it is all about lowest price when you write the contract.
What have looked at the sort of things in our bids which
might promote partnering, including best value, resource accounting, PFI, new
technology and joint working.
Best value which is broader than CCT might help force people
to look at partnering. It looks at outcomes but there is not anything
particularly long term about it.
The introduction of resource accounting with a 30 year
framework ought to be a push in the right direction, though it is only an
accountancy convention.
We are also involved in a PFI Pathfinder scheme. This is
over a 30 year period that introduces a more direct relationship with a lender
and partners. It will introduce lifetime costing, transferring the risk not
just for the improvements, and will stop contractors walking away. I think that
modernisation through new technology presents opportunities for building up
social capital, getting feedback and for exchange of ideas.
When local authorities get seriously into what joint working
means on the ground - not just on the construction site but in terms of service
delivery and dealing with social exclusion - we will need to move away from
clear roles to 'co-productions'.
I suspect this is something that needs to happen outside
individual contracts and projects - along the lines Egan and Movement for
Innovation, to build up some kind of national understanding and translate it to
skills and accreditation and investment from different parties.
I would like to see whether there is the possibility of
developing ideas 'offline' developing the ideas, approaches and skills. We have
stuck out necks out and put in a huge amount of effort and think it is the
right thing to do, but our elected members are not so convinced.
(Neil Litherland, Camden)
The role of PFI - a developer's
view
Much of what we are discussing is very close to
neighbourhood strategies. We should not be looking at one vehicle. We should be
looking at a number of different but compatible approaches - PFI is just one
but I think it has potential.
At the moment there are eight Pathfinders with an average
capital value of £40-50m. Although it makes a lot of difference to the
different estates, it is not necessarily going to mean a lot in the local
neighbourhoods.
That is where the funders come in. My construction group has
an investment company. They will be taking an equity stake involved through the
concession period of 25-30 years: they are investors with a banking
background.
I think I must have spoken to every funder interested in PFI
housing and they have all raised the issue of sustainability in the wider
community. Is it just going to be one estate which is going to be upgraded? If
it is just going to be that, it is liable to fail.
The real key to it all is what happens beyond the PFI
estate.
In one case, the PFI sum is £40m but in the wider
area, the investment needed is £500-600m. PFI won't be the only resource
needed. That is what concerns funders. What will happen in that surrounding
area - how is that going to be tackled?
Funders are being very influential talking to the Treasury
task force and 4Ps. And the message that is coming out of that is we have got
to do something that is sustainable - we are talking about a 30 year timescale.
One approach is setting up a special purpose vehicle. In
Liverpool a joint venture company is being set up with a range of stakeholders.
Everybody is included from the start - it is valid that everybody should be in
at the earliest stage. It is no good coming up with a blue print and then
bringing in the community.
My own view is that the community should have ownership
through the JVC. I will be tracking Liverpool which also seems to enhance wider
funding than simply PFI.
Funders will simply vote with their feet if they think a
scheme is unsustainable.
(Keith Carey, Laing)
Comment and
discussion
Risk
Demand risk is obviously an issue and that will be included
in the risk matrix. It is a very complex issue and varies considerably. If you
are operating in the north, demand is a real risk now, whereas in Camden it
will be seen quite differently.
Funders will carry out a risk analysis based on the area:
will the local authority take on some of that risk or put it all on the
operator? Thus it is not simply demand risk but how it is dealt with.
If investors have to get out at any time - and they always
look at the worst case situation - they will look at the value of the asset,
the collateral. They will look at alternative issues and the process at some
stage may require disposal of property. For example, if the demand isn't there,
is there a mechanism to sell on the properties for private sale or rent?
(Keith Carey, Laing)
The private sector is risk averse. I believe there will not
be a lot of transfer of risk because costs would go up to underwrite it. The
public sector will continue underwriting the essential risk.
We aim to transfer the risk which they are good at handling.
We are proposing to retain housing management. We do not believe there is a lot
of demand risk. The private sector is taking on design, delivery and on-going
maintenance where they have expertise and which we are not so good at.
(Neil Litherland, Camden)
Funders - understandably - are very concerned about
sustainability as it affects cash flows and wherever possible, wants the local
authority to take on all the risks of long term downturn in demand. The problem
is: how do you define structural changes in demand versus unpopularity caused
by poor management contractor performance?
(Chris Withnall, Sanctuary HA)
Building trust
I think we are moving into a new dimension when talking
about projects lasting 10, 15 or 20 years. The issues of value-for-money and
how people are going to work together is going to create whole new problems. We
currently have distrust - we say to the local authority we will work with open
books, but the question we get back is: how do we know you won't cheat?
We are looking at creating sustainability in much bigger
communities. To make it work we are going to have to bring in mixed tenures and
mixed uses. There is a lot of risk money at the beginning - in one scheme we
have spent more than £1m and we still have to wait for the tenant vote.
At the end of the day we have to make a profit. One local
authority we are working with has accepted this. The only way forward is that
we both benefit out of any future enhancements - if we create profits, they can
reinvest it back into the community and we reap the benefits of our initial
investment.
Both the local authority and the partners have to be hungry,
both have to share the same goal. If the local authority gets all that it wants
from day one, there will be no incentive for them to get more out of it over 10
years or more. If there is a share for everybody it will be a winner.
We will have a development agreement with the local
authority where they will benefit at some point in the future but underwrite an
element of the works.
Discounted cash flow over 10-15 years is mind-blowing - you
would never start anything. You have to believe that there is going to be some
improvement and gain in value to offset higher initial costs.
I think it is going to get harder - and I think there are
not many big players out there who are going to be able to do it.
(Contractor)
Facing up to obstacles
There are many things about partnering and place making
that are positive and to which we would sign up. However, we are quite
sceptical about the whole concept of partnering, Egan compliance and so on,
because of the way in which the concept is being hijacked by government as a
tool to exert downward pressure on costs. Governments are the people who can
make it work, but they are not yet fully signed up to the concept.
For example, it took us five years to get to the starting
gun for an estate regeneration scheme in Hackney. The rules changed in that
time, as did the project. Everything that was driving that project was
essentially lowest cost in terms of estate regeneration grant. The concepts of
quality, planning for the long term and non-confrontational methods where
wholly displaced by a desire by Hackney and the DETR to achieve lowest grant
costs.
Similarly, the Housing Corporation see partnering and Egan
as opportunities for costs reduction. If you mention partnering to a regional
office at the Housing Corporation, they say "ah yes, that means your schemes
are going to cost 30% less in two years time". Even Nick Raynsford quoted Egan
and partnering as reasons for not increasing the grant rate at the last
review.
So the Government agenda seems to be about cost cutting, not
doing things better. This is the context in which we are being asked to invest
quite a lot of research, energy and commitment and cost into relationships
which would be based on partnering on the Egan principles, but which a new
government or a new housing minister, might suddenly decide are no longer a
priority. If the rules change in a few years, a considerable investment may be
wasted.
The DETR, the Housing Corporation and local authorities as
funders and commissioners of projects, also need to sign up to the partnering
concept. If they could see that there are very difficult obstacles in the way
of delivering the partnering concept, that would be a very worthwhile
result.
(Mick Sweeney, Community HA)
We have been working on a major regeneration project in
Scotland for two years and have involved all the partners from the outset.
These include HTA, Wimpey and Dundee City Council. The project has been
extremely successful and has produced a scheme with which residents are happy
with.
It involves the demolition of 1400 properties and the
redevelopment of the site with 1000 new homes for private sale, low cost HO and
rent and comprehensive regeneration of the infrastructure.
We have been negotiating for two years and the project is
all but finalised yet we became bogged down in negotiating and substantiating
every input - both revenue and capital - to the financial appraisal to a
project with a development period of over seven years supported by a discounted
cash flow modelled over 30 years.
Understandably the public sector partners must be able to
demonstrate when audited that a project of this nature represents value for
money to the public purse. However, this is different from being able to show
conclusively that the project was delivered for the most competitive price and
the absolute minimum subsidy.
The partnering approach has produced a scheme with which the
local residents, the public and private sector partners are very pleased:
however this approach does not fit well with the traditional public sector
ethos of competitive tendering to prove value for money.
The regulatory and auditing regime must accept that if the
public sector is going to get the benefits that partnering can bring, projects
will have to be judged on whether they represent good value for money not
merely whether they have been delivered for the cheapest price. It is an
impossibility to assess precisely either the capital or revenue cost of such
complex, long term projects and if the partnering approach is to work, a high
degree of trust is necessary between all the partners.
(Chris Withnall, Sanctuary HA)
Tackling short-termism
Long termism is anathema in the area of public policy - the
bain of public policy over the past few decades has been quick fixes. My fear
is that the same politicians who appear to have taken the agenda on board will
fall into the trap of wanting to look for short term gains and the success of
partnering will be judged on this.
The seven Egan success criteria are quite obviously the
short-term agenda. Sustainable placemaking should start off from having
identified the problems in local communities covering education, health and so
on.
Is it going to be acceptable that improvements can only be
tracked over a very long term period - there are not necessarily going to be
that many changes short term.
My fear is that while national and local administrations
come and go very quickly, a lot of the projects have 15-20 life spans and 30
year funding profiles.
(Andrew Cobb, Oakfern HA)
PFI
There is a midway between contracting and PFI. Under this
contractors would have a maintenance contract for the first seven years,
setting out from the start what they will be responsible to maintain. Then you
can see the costs; you are likely to end up with a better product because more
care would be taken throughout development.
I think there are contractors who would want to get into
that type of business.
(Contractor)
Size matters
A lot of the talk is about mega projects, PFI and very
substantial schemes. We are doing a number of projects which are much smaller.
We have done a lot of 'serial contracting' and see that turning into a
partnering approach.
I would like to hear more from contractors about how those
reducing costs are going to come. I think we are prepared to invest and expect
higher costs initially, but we do want to see costs and defects reducing,
greater efficiency and greater customer choice on the near horizon. I don't
hear a lot of that at the moment.
Until contractors start to address these issues, I don't
think partnering will be considered a success by organisations commissioning
building work.
My organisation is already involved in a number of
partnering projects and will continue to develop our partnering approach- we
are of course responding to the Housing Corporation's agenda for achieving Egan
objectives.
(Howard Hughes, Southern)
Other points
Assessing benefits
Several speakers pointed out the difficulties - even
"impossibility" of costing and quantifying the softer regeneration issues and
outputs. In one PFI Pathfinder crime reduction has been included in the
specification.
Our 30 year timeframe is a way of starting to introduce
longer term arrangements. But we have resisted trying to wrap up a whole host
of open-ended regeneration, local employment and other benefits into an output
specification because of the difficulty of pricing it: how do you evaluate
those things?
We want a third party that is going to deliver us buildings
that perform very well. We can work with them on whether the tenants and have
got jobs, training and that sort of thing
that's slightly to one
side.
What I have learned about PFI is that it is a good way of
getting money. It provides a framework for 20-30 years but I dont think
it is a very dynamic and flexible framework for regeneration vehicle. I think
there's quite a lot of misunderstandings about PFI - it's primarily a financial
vehicle that presents other opportunities.
(Neil Litherland, Camden)
Looking ahead
A suggestion was made by Mark Lucas, Haringey, that the
seminar had concentrated on major developments with capital budget solutions.
There was a place for considering non-development driven alternatives. In his
authority, notwithstanding substantial investment in estate improvements. the
image and reputation of Broadwater Farm had been turned round without a single
home being pulled down. He believed there were also very exciting opportunities
for revenue based 'social' solutions, which had been shown to work at
Broadwater Farm with substantial resident involvement.
Neil Litherland pointed out that a lot of frustration had
been expressed about the lack of trust or even innate distrust between sectors.
He suggested the need for an 'honest broker' to gather and promote good
practice for the general good. He also pointed to the need for contact with
government bodies to ensure that new initiatives to build trust, efficiency and
joint working which require long term effort did not founder on an unbalanced
requirement for short term cost savings.
This seminar series operates on a 'Chatham House rules'
basis. However, many of the participants have already expressed their
willingness to have their contributions credited to them. In the other cases,
speakers have not yet given clearance - no inference should be drawn from
this.
Anyone wishing to quote the speakers should speak to them
direct for their permission. For further information, contact Chris Bazlinton,
Editor on 01279 771468.
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