Codes, rules & regulations and their impact on design

ICSC European Retail Property School Codes, rules & regulations and their impact on design Leonardo Cavalli, One Works Managing Partner Berlin, Germany, 10 July 2014

This year we will focus on two items: Overview on some general rules on retail planning Focus on Heritage Buildings and the related constraints We find this last topic relevant as Europe is a built space and inner city developments are becoming more and more important to the industry.

After attending this course attendees will hopefully be able to: Comprehend the interrelationships between the design process and building, zoning, accessibility, and health and safety codes Understand how government regulations impact project scheduling and design.

Topics for Discussion: General 1. Planning process 2. Building permits 3. Accessibility 4. Fire protection 5. Hygiene 6. Comfort 7. Energy efficiency & sustainability Case study 8. Listed Buildings

Planning procedures

Europe: no common rules

Europe: No common rules A few years ago ICSC Europe asked national organizations to carry out a comprehensive study comparing different planning procedures across Europe. After six months of intensive work a first draft document was put together, showing great differences between countries and even within single countries. But, above all, by the time the draft was completed, some rules in some countries were changed already!

Europe: no common rules Planning procedures evolved within each European country s legal system and institutional framework. Roles and actors in the development process follow the different national, and sometimes regional, rules. Professional skills follow the same pattern. As a rule of thumb Architects control urban planning in southern Europe while northern countries have a long established culture of planning professionals. International players must adopt a flexible attitude toward development and take into serious consideration local habits and rules.

Europe: Different attitudes In some countries the plan is only a guide, in others it is the law. Prescriptive planning When the planning system is legally binding, development is allowed only in conformity with the planning documents Contractual planning In other countries the plan is a presumption of the kind of development that will or will not be allowed A side effect of contractual planning is an increase of related costs for the developer to balance out the greater flexibility of this kind of planning approach

Europe: Different attitudes As an example of contractual planning, I bring to your attention a specific case study we are currently working on. Objective of the local planning document to invert the negative relationship between the Shopping Centre and its surroundings Contractual planning, when dealing with big retail, is generally focused on a simple idea. Shopping Centres are bad, so please provide the community with some other services in the real place (away from the shopping centre) This is a missed opportunity for both the local community and the shopping centre

Europe: Some common points Comparing experiences and case studies is an extremely difficult exercise and a comparison of European planning systems reveals many contrasts. European planning systems may be broadly classified in three main clusters: Clear centralized pattern Balanced distribution of responsibilities through the different levels Totally decentralized system with high degree of autonomy at different levels

Europe: Some common points Provided the local attitude towards planning, three main shared steps can be identified 1. Long term strategic planning provides a vision for the future based on overall considerations on strengths, weaknesses, opportunities and threats 2. Plan-making provides frameworks at different plan levels. they tend to identify policies, projects, land use, figures, settlement patterns, statutory measures, transport schemes, environmental actions, measures to achieve social equity, economic decisions and investment 3. Development control, providing legal and administrative procedure at local level to control location, form and minor changes

Europe: Some common points When it comes to specific Shopping Centre planning, two main attitudes must be identified 1. In some countries urban planning is the only rule to follow 2. In other parts of Europe national and/or regional rules impose a double procedure Urban planning application Commercial license application The first approach tend to allow for more competition among Shopping Centres and thus retailers The second approach tends to focus on balancing retail supply per single area, controlling competition

Europe: Some common points Joseph Bonanno (Joe Bananas), one of the early twenty century New York mobsters, use to say: We have a different view than Americans, in a borough if 5 butchers serve the local market a new one coming into the scene will reduce the income of the others. Controlling the market is a way of assuring balanced wealth to the local businesses Restrictive planning procedures reduce opportunities for customers and developers, but protect existing businesses and investors

Europe: Procedures Despite huge differences across Europe, the following steps tend to appear in all Countries: 1. Physical Planning 2. Retail Licences (where it occurs) 3. Design permits 4. Building occupancy The first two are part of a contractual procedure and agreement may not be reached. Design permit and building occupancy are technical processes to make sure premises conform to the rules.

Europe: Procedures, planning Planning A site plan tends to control the overall development of a retail site and is generally approved by Local Authorities. Contents vary from place to place but generally include: Land use and figures Environment Transport and parking Economics (compensation)

Europe: Procedures, planning

Europe: Procedures, planning Planning Authorities involved No general rules apply. When development is controlled by contractual planning procedures, different levels of Local Authorities may be involved, generally guided by the Municipality of reference. You may want to consider: Land Authorities (municipalities, provinces, regions) Environmental Authorities (water, power, health) Transport Authorities (traffic, transit)

Europe: Procedures, planning Planning Procedures Variations to the General Planning documents are generally submitted to public approval. Approvals may come through different procedures such as local Councils or public hearings. All may be appealed and be refused, amended or accepted.

Europe: Procedures, planning Planning Main topics Site plans tend to address planning topics and rules are designed to try and mitigate the impact of the new premises against the needs of the surrounding environment. Rules may include: Definition of buildable areas within site boundaries according to the surrounding context (Europe is a built place, context tends to matter)

Europe: Procedures, planning

Europe: Procedures, planning Planning Main topics (cont d) Other items may be addressed by the site plan: Infrastructure and parking provision. Rules or alternative methods may apply to define the level of service to be associated to the specific development Rules tend to fix a minimum standard Alternative methods rely on specific studies and are part of a contractual process

Europe: Procedures, planning

Europe: Procedures, planning Planning Main topics (cont d) Other items may be addressed by the site plan: Compensation trade offs. Economics may need to be discussed with public authorities to determine the investment needed to give way to the project Trend is to spread compensations to the larger communities (other municipalities surrounding the development) and compensations may refer to: Environmental mesaures Finance for the Local Authorites, Land transfer to the public realm, Public infrastructure (roads, etc.) Public services (schools, etc.)

Europe: Procedres, planning

Europe: Procedures, planning Planning Main topics (cont d) A focus on environmental measures As part of these measures energy production as well as rainwater runoff, permeable surfaces and roofs may be addressed as early as planning procedures are concerned Land transfer may also be considered as part od the environmental strategy. Some Authorities are considering to balance out new development with larger portions of agricultural or green land to be provided to the Authorities by the private developer.

Europe: Procedures, planning

Europe: Procedures, retail licenses Retail licenses In some Countries, physical planning is not sufficient to build or extend a shopping centre. Operators do have to get retail licences as part of the planning procedures. Again, contents vary from place to place but generally include: Size and type (food, non food) Local economics and jobs (cost benefit analysis) Retail competition

Europe: Procedures, retail licenses Retail licences Clusters and procedures Different states have different approaches on both defining clusters and procedures. As an example for clusters: Large shops o Italy o France o Germany > 2.500 sqm > 400 sqm > 800 sqm Procedures vary from State to State and sometimes within States by the Region. Again as an example: France has similar rules throughout the Country Italy is Region based

Europe: Procedures, design Design Process

Europe: Procedures, design Design building permits Building permits tend to take care of building specifications and may be of interest of various bodies: Morphology Health Disabled Fire Structure MEP Services other

Europe: Procedures, design

Europe: procedures, design

Europe: Procedures, design

Europe: Procedures, design Design building permits (continued) Different bodies may be involved, depending on the Country. Main reference is usually: Municipality Other bodies coming into play may be: Health department Fire department Road department Other (structure, service suppliers, etc.)

Europe: Procedures, design It is interesting to look at the efficiency ranking on building permits across Europe: Economy Name Rank Procedures (number) Time (days) Georgia 3 9 74 Denmark 8 8 68 Germany 14 9 97 United Kingdom 20 9 99 Norway 23 10 123 Sweden 25 7 116 Spain 38 8 182 Swaziland 41 13 95 Lithuania 48 15 142 Switzerland 50 13 154 France 52 9 184 Hungary 55 26 102 Belgium 57 11 205 Slovenia 61 11 197 Netherlands 89 14 159 Italy 103 11 234 Poland 161 29 301 Russian Federation 178 42 344 Serbia 179 18 269 Ukraine 183 20 375

Italy the building permit is valid for 3 years; the contractor must begin work within 1 year, otherwise the permit lapses consent by silent : within 180 days the developer can start the construction activity (towns>100,000 citizens) great importance of seismic authorization France Building permit in Italy, France, Germany the building permit is valid for 2 years; the contractor must begin work within that time, otherwise the permit lapses consent by silent within 3 months Germany it is not yet required by the law but it is recommended to submit documents in electronic form consent by silent within 4 weeks

Europe: Building occupacy Building occupancy A Certificate of Occupancy is generally required before the building can be occupied. A certificate of occupancy is issued upon all final inspections being approved Temporary Certificate of Occupancy allows conditional use of the space until all work is approved. This is a major topic when dealing with retail as time of year impacts on turn-over. Temporary Certificates may be issued with some limitation including: Time Areas of the building Type of occupation

Europe: Building occupancy

Europe: Building occupancy Building occupancy Control of the process and temporary design strategy around the the subject is therefore of great importance to the economics of the project. This is particularly important when dealing with an existing Shopping Centre where customers deal with the premises during site works and are affected by the areas made available to trade during the building process.

Accessibility

Europe: Accessibility Accessibility Accessibility is a key factor when planning a Shopping centre. Not only regional accessibility which is part of strategic retail planning, but detailed care for all type of visitors coming to the premises for whatsoever reason Two main reasons drive this point: Planning rules Success of the destination

Europe: Procedures, design

Europe: Accessibility Type of visitors Many different types of visitors come to the Shopping centre: People: customers, visitors, employees and retail operators (with a special care for disabled people) Special vehicles: deliveries, garbage collectors

Europe: Procedures, design

Europe: Accessibility Accommodating different routes Customers coming to the Shopping centre must be allowed a simple and clear path to the entrances, barriers to disabled visitors must be avoided whatever the local rules prescribe Parking is to be considered a major anchor of the shopping centre and the relationship between the space of the car and the shopping areas must be considered a key success factor Deliveries, garbage, and service routes shall not interfere with customer routes across the site

Special Accessibility Existing and new New design must be evaluated under the codes/regulations for access for various types of disabilities.

Special Accessibility

Special Accessibility Existing and new New design must be evaluated under the codes/regulations for access for various types of disabilities. Same care should be given to removing barriers at existing premises.

Special Accessibility

Europe: Building codes Building codes Building codes in Europe are mainly public body driven. Alternative methods may apply in specific fields of activity such us: Transportation Fire prevention A proposed modification must be at least the equivalent of that prescribed in the codes in quality, strength, effectiveness, resistance, durability and safety. Computer modeling can also be used in a variety of ways to address situations from traffic flow to fire scenarios

Europe: Building codes

Fire protection

Europe: Fire protection Passive Fire Protection versus Active Fire Protection Passive fire protection (PFP) is an integral element of structural fire protection and fire safety in buildings. Active fire protection (AFP) is an integral part of any fire safety strategy, characterized by items and/or systems requiring a certain degree of motion and response in order to work.

Europe: Passive Fire protection Passive Fire Protection - Building requirements Local codes and standards Fire protection building requirements are specified in local building codes and are different from country to country. Key Points Containments of fire Loadbearing capacity of structures Pathways to escape Reaction to fire of building materials Natural evacuation of smoke/flame Access to Fire Brigade vehicle and apparatus

Europe: Passive Fire protection Containments of fire Buildings divided in fire compartments, by means of fire resistant walls, floors and doors. Size of compartments and fire ratings of separation depends on the nature of material: In some Countries fire compartments are defined by Law and this has a great impact on design. Fire separations between building the greater the separation, the lower the rating of facing walls

Europe: Passive Fire protection Containments of fire Fire rating of walls, floors and doors Fire rating of a building elements is evaluated according to the European standard EN 1363 Fire Resistance Tests The standard sets criteria against which the loadbearing capacity, the fire containment (integrity) and the thermal transmittance (insulation) are evaluated Third-party certification is normally required in order to demonstrate the fire rating compliance of a building element

Europe: Passive Fire protection Loadbearing capacity of structures The loadbearing capacity of structures is to be evaluated by qualified engineer Methods to evaluate structure capacity are to be compliant with Eurocodes Characteristics of elements to be tested with European standard Fire resistance tests for loadbearing elements (Walls, Floors and roofs, Beams, Columns, Balconies, Stairs and walkways).

Europe: Passive Fire protection Pathways to escape Occupant load factor Egress width Remoteness/number of exit(s) Limitations on dead ends

Europe: Passive Fire protection Natural evacuation of smoke/flame Natural ventilation openings for smoke exhaust Atria Stairs Exit pathways Service rooms Storage

Europe: Passive Fire protection Access to Fire Brigade vehicle and apparatus External to building Horizontal protected pathways Vertical : stairs and elevators

Europe: Active Fire protection Life Safety Systems and suppression systems Fire suppression Fire alarm/detection Smoke control Sprinkler systems Fire hydrant systems Fire extinguisher Gas/powder extinguishing systems

Europe: Active Fire protection Sprinkler systems The European code covers all design features Extent Hydraulic design criteria Water supplies Pumps Installations Spacing and locations of sprinkler heads Pipe sizing and layout Alarms Sign, notices and information Commissioning Maintenance

Europe: Active Fire protection Fire hydrant systems No European code. Local codes only for design, installation and maintenance Components (hose, valve, piping, etc) are regulated according to EN

Europe: Active Fire protection Smoke control (mettere foto del controsoffitto di Tours)

Europe: Active Fire protection

Hygiene

Europe: Hygiene Hygiene design predominantly defined by legionella reduction Standard and/or guidance for designing water systems: Risk assessment Pipework design Suitable materials Operating temperatures for hot and cold systems Storage volumes/time Water treatment Provision for monitoring water quality, inspection, cleaning, and maintenance

Europe: Hygiene Specific detailed requirements for high-risk evaporative cooling applications General location Design for minimizing the discharge of droplets to the atmosphere Provision for monitoring system volumes Filtration The recommended temperatures for water storage Cold water below 20 ºC Hot water above 60 ºC

Comfort

Europe: Comfort

Europe: Comfort European standards similar Thermal EN ISO 7730: Ergonomics of the thermal environment Analytical determination and interpretation of thermal comfort using calculation of the PMV and PPD indices and local thermal comfort criteria CEN CR 1752: European design criteria for the indoor environment EN 13779: Ventilation for non-residential buildings Performance requirements for ventilation and room conditioning systems Lighting EN 12464: Light and lighting Lighting of workplaces

Energy efficiency and sustainability

Europe: Energy efficiency and sustainability Codes and standards Mandatory local codes, depend on location and need to be evaluated by local consultant Voluntary certification schemes

Europe: Energy efficiency and sustainability Voluntary certification schemes BREEAM BRE Environmental Assessment Method is the most used certification scheme for Retail in Europe US standard LEED doesn t have a certification scheme specific for Department Stores and Shopping Centre