Telephone: 01530 454768
Date: < Date >
< Name >
< Title >
< Local authority >
< Address line 1 >
< Address line 2 >
< Address line 3 >
< Postcode >
Dear < Name >
Ourplace™ Quality Rating Scheme
License Agreement
Thank you for expressing an interest in the ‘ourplace™’ scheme developed by North West Leicestershire District Council (‘NWLDC’).
NWLDC are prepared to grant you a non-exclusive license agreement in order for you to run the Scheme within your administrative area. This license is granted at no cost to your Authority.
The details of the process of the Scheme are attached at Appendix 1 and form the agreement between NWLDC and you. You must operate the Scheme in accordance with this process at all times.
As you are aware you are required to have an AccreditedBuilding for Life Assessor (ABfLA) at your Authority to operate this scheme. You have confirmed to us that your ABfLA is name of assessor.
- LICENCE
1.1You are granted a non-exclusive, non-transferable licence to operate the ‘ourplace’ Scheme.
1.2All right, title and interest in the ‘ourplace’ Scheme and materials belong to the NWLDC. You acquire no ownership or copyright or other intellectual property rights in any part of the Scheme or its operations.
1.3You may not use the ‘ourplace’ Scheme or any materials in a way that infringesthe Copyright or Trademark interests therein. Details of how you may use the ‘ourplace’ logo are contained in Appendix 1.
1.4You may not remove or obscure or alter in any way the Copyright or Trademark notice or other notices contained in the materials.
1.5To the maximum extent permitted by law, NWLDC shall not be liable for any loss,injury, claim, liability or damage of any kind resulting in any way from use of the ‘ourplace’ Scheme and materials.
1.6NWLDC’s liability to you which cannot be excluded shall, to the extent permitted by law, be limited to and shall not exceed the licence fee as payable by you toNWLDC. Such liability shall be reduced to the extent that you caused or contributed to that loss or damage.
1.7For the avoidance of doubt any deemed liability under Clause 1.6 above shall only be in respect of direct loss or damage and there shall be no liability in respect of indirect or consequential loss or damage.
1.8There is no intention to exclude liability for death or personal injury resulting from negligence of NWLDC.
- FEE
2.1The licence fee shall be determined and reviewed by NWLDC on an annual basis. The licence fee payable by local authorities is: NIL.
2.2Any increase to the licence fee will be notified to you no later than 1 month prior to the fee being due.
2.3Any licence fee must be received within 28 days of its demand.
2.4In the case of termination of this Agreement under Clause 4 there shall be no refund of any part of the licence fee.
3.OPERATING THE SCHEME
3.1You shall operate the ‘ourplace’ Scheme in strict accordance with the guidance attached at Appendix 1 at all times.
3.2NWLDC reserves the right to make amendments to how the scheme is operated. In such circumstances, you will be notified of the change and will from that date operate the revised process.
3.3You shall not operate the Scheme for the purpose of financial gain and any charges levied shall be in respect of the costs incurred by your Authority.
3.4You shall at all times have a named AccreditedBuilding for Life Assessor (ABfLA) at your Authority. You must notify NWLDC of the name and position of the ABfLA.
3.5For the avoidance of doubt you are not permitted to operate the Scheme if you no longer have an ABfLA at your Authority.
4.TERMINATION
4.1Either party may terminate this Agreement at any time, subject to 1 month’s written notice.
4.2Upon notice being received you will be entitled to conclude any housing developments currently running but shall not commence work on any new housing developments.
5.MISCELLANEOUS
5.1All notices shall be in writing and served at the main council offices address for each authority.
5.2You may not assign your rights under this Agreement without prior written consent.
5.3The provisions of the Contracts (Right of Third Parties) Act 1999 are expressly excluded from this Agreement.
Please sign both copies of this Agreement and return one to NWLDC.
Yours sincerely
Steve Bambrick
Services Director and Deputy Chief Executive
I confirm [insert name of Authority] agree to the terms and conditions set out above.
______
Authorised Signatory
Name:
Position:
Date:
Appendix 1:
To achieve the highest quality ratings, we advise that you use Building for Life as a pre-application tool and in the assessment of planning applications.
Prior to issuing rating certificates we highly recommend you make developers within your area aware that you are using the ‘ourplace’ Scheme. You may choose to do this by inviting developers active within your area to a briefing.
You can ‘roll out’ the Scheme in the following ways:
- Issue A+ to C rated certificates immediately.
- Undertake a two stage ‘roll out’, with a maximum of 6 months between Phase 1 and Phase 2. Phase 1 involves issuing A+ and A rated certificates only, followed by Phase 2 with all certificate ratings being issued.
It is at your discretion which ‘roll out’ method you use to suit local circumstances.
In order to issue a ‘ourplace’ quality rating certificate, the ‘ourplace’ checklist must be followed (see figure 1).
Templates
On returning one copy of the signed license agreement we will send you ABfLA the following templates:
- ‘ourplace’ quality rating certificate
- Building for Life assessment template
- ‘ourplace’ website logon details
- ‘A guide to ourplace’
- ‘ourplace’ graphics.
You can use the ‘ourplace’ graphic files to print posters, pull up banners and other publicity material.
What if we want to develop our own marketing materials for ‘ourplace’?
Developers are required to source ‘ourplace’ marketing materials in accordance with a license agreement between them and NWLDC. However if your Council wishes to produce, for example, its own set of posters or reprint the ‘A guide to ourplace’ publication with more locally appropriate images and/or text, you are required to submit proposed artwork to NWLDC for written approval.
Artwork proofs should be sent to:Artwork approvals – ‘ourplace’
Room 100
North West Leicestershire District Council
Council Offices
Whitwick Road
CoalvilleLeicestershireLE67 3FJ
Encouraging better design
We recommend you consider promoting better design by using Design Champions and/or Chief Officers to formally present A and A+ certificates to developers, maximizing coverage using your Communications Team to organise a press release and photos.
How do I explain to people how ‘ourplace’ works?
ABfLA should be champions of better design within the administrative areas and of the ‘ourplace’ scheme. In summary, ‘ourplace’ seeks to:
“encourage and inspire people to create and expect places that contribute positively to our everyday lives and support our natural, built and social environment”.
How you explain the Scheme depends on whom you are explaining ‘ourplace’ scheme to, though it may help to explain that the rationale for the Scheme was inspired by CABE’s national housing audits[1] and the Building for Life initiative.
To maximize the impact of the Scheme in your area, we suggest you brief house builders that are active in your area. We also suggest that you offer short briefings to on site Sales and Marketing teams for A and A+ rated developments once a Sales Office opens. This need only be a short ten minute briefing so they can then explain to customers what the rating means.
Further information on the scheme and how it works is provided at or alternatively please review a copy of our publication, ‘A guide to ourplace’.
What type of paper or card should we print the certificates on?
As the certificates are laminated a high quality white paper is acceptable. It is at your discretion which type of paper to use. Please ensure that the paper you select affords a high quality print to be produced so we maintain a high standard for the ‘ourplace’ Scheme.
Stage / Activity1 / Complete a Building for Life assessment for the scheme.
Option: Building for Life assessor may request additional evidence to support one or more criterion, or request for alterations to be made to the scheme before determining the final score.
2 / Assign scheme a unique reference number (URN), using the following format:
Region/Council/Year/Certificate Number
i.e. a certificate issued by North West Leicestershire District Council, located in the East Midlands in 2010 would use the format:
EM/NWLDC/10/000
The last three digits follow in sequence from 001 onwards for certificates issued during a calendar year.
Save the Building for Life assessment using this reference number (e.g. a EM/NWLDC/10/000.xls) and note the reference on the Building for Life template.
3 / Upload the assessment to the Building for Life Assessor Centre.
4 / Await determination of planning application.
Subject to scheme approval, either by the Local Planning Authority or the Planning Inspectorate, progress to Stage 5.
5 / Create a certificate for the scheme using the template provided, ensuring that where a Building for Life assessment covers part of a larger scheme it is clear what part of the site the rating applies to (either specify a phase, or alternatively specify plots, e.g. Plots 1 to 101). Ensure that the URN is copied onto the certificate. Please also ensure that your Council logo is inserted into the template.
6 / Print at least two A3 colour printed certificates.
7 / Authorised Council signatory to sign both certificates prior to laminating.
8 / Retain one certificate for reference and/or display at Council Offices.
9 / Send certificate to Sales and Marketing Director
using standard letter A. A copy of this letter should be sent via email to .
Log onto and upload the scheme details. Once you have completed entering the scheme details click ‘Submit’.
Figure 1: ourplace checklist
STANDARD LETTER A:
PLEASE USE THIS STANDARD TEXT ON YOUR OWN COUNCIL LETTERHEAD
Name
Sales and Marketing Director
Address line 1
Address line 2
Address line 3
Postcode
Dear XXXXXX
Ourplace Quality Rating Scheme
Please find enclosed one/two* Quality Rating Certificate(s)* for your approved development:
Name of scheme
Developer with (name of designer)
Location
The development and its rating are now available on line at Additional certificates are available by contacting
Name
Telephone number
Should you require additional certificates, please note that these are issued free of charge/£x.xx* per certificate.
‘A+’ and ‘A’ rated developments
If you have secured an ‘A+’ or ‘A’ rated certificate, congratulations.
You have the opportunity to use ourplace branding to support your marketing activity for this development. Ourplace is a registered trademark; therefore to benefit from this marketing opportunity a license agreement is required. To find out more, please visit If you would like the Council’s Accredited Building for Life Assessor to meet your on site Sales and Marketing Team to explain the ourplace Scheme in more detail and why ratings matters to their customers, please do not hesitate to contact me.
Yours sincerely
Name
Title
Template letter A guidance notes:
-Please delete * as required.
-Name of scheme – please contact the house builder to advise you what they will be calling the development. If no name is forthcoming use an alternative reference, e.g. Land off Moor Lane.
-Developer – as per planning application.
-If the developer has used external design consultants, these should be stated on the certificate, e.g.
John Smith Homes Plc with DF Partnership
-Location – this refers to the city, town or village the development is located.
-Additional certificates – provide a contact name and details for someone at your Council who can issue additional certificates. Any additional certificates issued must also be printed at A3 size, colour print and laminated.
-It is at the Council’s discretion whether or not it wishes to charge for additional certificates. If you opt to charge for additional certificates, you can only charge these at cost price. It is up to the Council to determine what cost price applies, however you are able to include costs associated with processing, for example cheques or BACS payments in addition to printing laminating costs and staff time. You may choose to review these costs at any time; however these must be limited to costs only. NO PROFIT MUST BE MADE FROM ISSUING ADDITIONAL CERTIFICATES.
-If you opt to charge for additional certificates either now or in the future, you are required to email stating how much you charge for additional certificates and of any future price rises.
1
[1] Housing Audit: South east and East of England (CABE, 2004), Housing Audit: North East, North West, Yorkshire and Humber (CABE, 2005), Housing Audit: East Midlands, West Midlands and South West (2007).