LI Academy Notes 2024 PDF

LI Academy Overview of the Pathway to Chartership syllabus Contents Session 1............................................................................................................................... 3 Professional Bodies............................................................................................................ 3 History of the Landscape Institute..................................................................................... 3 LI Key Documents.............................................................................................................. 5 Landscape Institute Code of Practice................................................................................. 6 Continuing Professional Development (CPD)...................................................................... 9 UK Law – Understanding the wider contexts in which landscape decisions are made....... 12 Session 2............................................................................................................................. 20 Professional Ethics & Liability........................................................................................... 20 Practice Organisation, Appointment & Management....................................................... 23 Practice Management...................................................................................................... 28 Health and Safety............................................................................................................ 30 Health And Safety - CDM................................................................................................. 33 Session 3............................................................................................................................. 35 Contracts and Contract Management.............................................................................. 35 Contract Management Golden Rules............................................................................ 36 Collateral Warranties.................................................................................................... 37 Design and Build.......................................................................................................... 37 Quality Control............................................................................................................. 37 Request for information (RFI)....................................................................................... 38 Early Warning Notice (NEC Contracts).......................................................................... 39 Standard forms of construction contract...................................................................... 40 Construction Design and Management Regulations (CDM) (Revised in 2015)............... 43 Principal Designer (former CDM Co-ordinator)............................................................. 44 Working with others........................................................................................................ 46 Fees and appointment..................................................................................................... 48 Preparing a fee................................................................................................................ 51 Professional Appointment............................................................................................... 53 Dispute resolution........................................................................................................... 54 Copyright and data protection......................................................................................... 56 The Planning System........................................................................................................ 57 1 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Development Control...................................................................................................... 61 Statutory Consultees and Other Agencies........................................................................ 67 The Environment Agency............................................................................................. 68 Natural England........................................................................................................... 69 Historic England........................................................................................................... 70 Highways England........................................................................................................ 71 The Forestry Commission............................................................................................. 71 Devolved Nations – Wales............................................................................................ 72 Natural Resources Wales.............................................................................................. 72 CADW - Historic Environment...................................................................................... 72 Devolved Nations – Scotland........................................................................................ 73 NatureScot................................................................................................................... 73 Scottish Environment Protection Agency (SEPA)........................................................... 73 Historic Environment Scotland..................................................................................... 73 Landscape and Heritage Designations.............................................................................. 74 Session 4............................................................................................................................. 82 Assessment & Analysis..................................................................................................... 82 Landscape Character Assessment.................................................................................... 84 Useful Links......................................................................................................................... 88 2 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Session 1 2A-F: Organisation and Management Professional Bodies Represents Landscape Architects worldwide. 73 member countries, organised by region. https://iﬂaeurope.eu/ Represents Landscape Professionals in the UK, with members around the world. www.landscapeinstitute.org History of the Landscape Institute The Chartered Body for the landscape profession in the UK Founded in 1929 Our aim is to protect, conserve and enhance the natural and built environment for the public beneﬁt Professional home for all landscape practitioners from private, public and third sector Connect people Transform places Protect nature 3 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus 4 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus LI Key Documents The Landscape Institute is governed by a Board of Trustees, Advisory Council and several committees. The Board is made up of members and non-members, whilst the Council and committees are made up of members. The ‘rules’ within which they operate are set out in a number of key documents: 5 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Landscape Institute Code of Practice All members have signed up to abiding by it 11 rules, which relate to IFLA's global principles It is for ALL landscape professionals, not just landscape architects Sample question: What should you do if you think someone has breached the LI's Code of Practice? What does the Code of Practice do? Protects – the interest of the client, the public, the environment Maintains – the status of the profession in the eyes of society Controls – standard of work and professional ethics Governs – the members’ conduct Every member of the Institute is bound by the Charter, By-laws, Regulations and Code of Practice. Breaches can be enforced by the LI. Code of Practice: Rule 7: You must undertake CPD in accordance with the Landscape Institute’s requirements. IFLA Global Ethical Principles: Principle 5 – Landscape Architects are committed to continuing professional development and ensure they only provide services they are competent to deliver 6 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus 7 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus The competency framework sets out the skills, knowledge and behaviours (competencies) for the landscape profession. Pyramids set out the competencies required to be a Technician member, Chartered Landscape Architect or Chartered Landscape Professional. 8 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Continuing Professional Development (CPD) In the assessment you should be able to: 1. Explain the importance of maintaining and developing your competence as a chartered professional 2. Describe the LI’s CPD requirements and how they apply in practice All Corporate members of the LI (Fellows, Chartered members, Academic members, Academic Fellows, and Associate members) are required to complete at least 25 hours of CPD annually. Those 25 hours must include: A minimum of 10 hours of formal learning, such as CPD training events (whether free or paid), webinars, workshops etc. A minimum of 5 hours dedicated to climate, sustainability, resilience, and environmental and biodiversity net gain 9 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Formal Being an examiner/assessor or being involved in relevant professional education Completing or participating in a structured activity either as a delegate, speaker, panel member or other participant Lecturing, teaching and addressing meetings on relevant subject matter Participation in conferences, seminars, courses, training activity or workshops Sharing professional knowledge in a formal setting Writing relevant books, articles and papers. Informal Coaching, mentoring, peer review, work shadowing/secondments, meetings or project work Experiential/workplace learning, reading and research Private study/research of relevant journals, articles and brieﬁng notes Reading other relevant professional body magazines Reading the LI journal or other LI Publications, Technical or Professional guidance Relevant webinars. The LI CPD year runs from 01 July to 30 June every year Every year the LI selects at random a sample of CPD records from the previous year for monitoring and review: CPD should be recorded via MyLI Context statement 10 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus CPD Goals CPD Activities Reﬂection 11 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus UK Law – Understanding the wider contexts in which landscape decisions are made Ignorance is not an excuse! IFLA Global Ethical Principles: Principle Assessment 4 – Landscape Architects & Analysis comply with national and international Environmental Impact Assessment (EIA) law Purpose: Understanding the law relevant to your practice Where are you and where is your work? Comparisons English/Welsh practice – UK work are useful! Scottish practice – UK work UK practice – UK & European work UK practice – UK & Global work Hong Kong practice – Hong Kong & Chinese mainland work Dubai practice – working across UAE (United Arab Emirates) Chartership Assessments – you need to understand UK law in addition to the laws which aﬀect your practice. Why do we have laws? Make a list of to provide guidelines for the conduct of individuals how law to provide guidelines for the conduct of public bodies and relates to each of your oﬃcials projects to establish procedures for ascertaining the legitimacy of public actions and decisions to establish procedures for settling disputes to provide sanctions and remedies for misconduct by the State or individuals Code of Practice Rule 2 12 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus How does International Law apply to Landscape practice? Most International Laws relate to states, not individuals (or practices) International Law is recognised between states that have agreed to it States may choose not to abide by International Law – this can lead to diplomatic and economic sanctions, or even war United Nations established in 1945 following WW2. The International Court of Justice upholds the Statute of the International Court of Justice (part of the UN Charter), which protects International Law agreed between 193 UN member states. Treaties also exist separately between countries Most International Laws do not aﬀect Landscape Practice, but it is important to be aware of them, particularly in relation to Human Rights How does European Law apply to Landscape practice? If you work within the EU, you must abide by EU law on What EU law applies projects based in the EU. to your projects in EU? What retained In the UK, post-Brexit, EU law was retained in the EU EU law applies to Withdrawal Bill temporarily*. your projects in UK? Many EU laws were already enshrined in UK law e.g. Town and Country Planning Acts (various); Wildlife and Countryside Act (1981). European Law is gradually being repealed and/or replaced with new UK Law (e.g. Environment Act, 2021). *Retained laws can be viewed on the www.gov.uk website How does European Law work? European Landscape Convention (treaty with binding obligations, but member states could denounce at any time with notice) – UK remains a signatory post-Brexit Promotes the protection, management and planning of all landscapes Assessment and identiﬁcation of landscape quality by professionals and local people Provides deﬁnition of landscape terms 13 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus European Regulations (binding, applied across EU) Remember you are European Directives (goals that EU countries must achieve – bound by the law in but can devise their own laws to reach these goals) the country you live in, and the countries European Recommendations & Opinions (not binding) you practice in Key EU law relating to Landscape practice post-Brexit The Town and Country Planning Act (EIA) Regulations 2017 Remember to check Wildlife and Countryside Act (1981) how changes to UK The Environment Act (2021) now covers many aspects of law might aﬀect your projects Landscape Practice, such as Biodiversity Net Gain (BNG), air directly pollution, water, waste reduction and the production of Local Nature Recovery Strategies The European Landscape Convention still applies (correct in March 2024) UK Law Written Law (Legislation) Scots law is diﬀerent to the Primary – Legislation (takes precedence) law in England and Wales Public Private Hybrid Unwritten Law (Common Law) Common to whole country since 1154 (Henry II created a uniﬁed court system ‘common’ to the country) Case Law – Judicial precedents 14 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Law in practice Pay attention to what’s We are obliged to comply with a range of legislation, as set out in happening locally – it the Landscape Institute’s Code of Practice might not be Landscape, but it might Legal organisation of practice (Partnerships, Companies, be law and give you a Sole Trader etc.) good case study Contracts with clients Collateral warranties Designer’s liability Professional Indemnity Insurance (and other insurances) Copyright Employment Law (e.g. Health and Safety laws) Civil law vs Criminal law Dispute resolution (Civil Law including Contract Law) 15 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Civil Law Contract A contract is an agreement between two parties (purchaser and provider) that deﬁnes the legal relationship, which if breached is enforceable in law (claimant and defendant). Must include: 1. Intention to create legal relations 2. Consideration (promise to pay or do something) 3. Oﬀer and acceptance (agreement, verbal or in writing) Note: The parties must have contractual capacity (over 18, parties are legal entities recognised by law) Civil Law Tort Concerned with conduct which causes harm to a person’s personal, proprietary or ﬁnancial interests: law of ‘wrongdoing’ 1. Infringement of a right 2. Resulting in recognisable loss 3. To which a plaintiﬀ seeks remedy Civil Law Negligence (Tort) 16 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Act with reasonable care 1. Existence of legal duty of care 2. Breach of duty of care 3. Consequential damage Faulty design or inspection (leading to cost to repair/replace) Negligent professional advice (leading to costs) Injury or death in construction or operation (leading to expenses) Duty to all persons who you can foresee would be reasonably/closely aﬀected by actions Civil Law Nuisance (Tort) Public nuisance Criminal oﬀence Inﬂicts damage, annoyance or inconvenience on a person Private nuisance Aﬀects a party’s occupation of land by causing encroachment, physical damage or unreasonable interference with a neighbour’s enjoyment of their land. Example: Hollywood Silver Fox Farm v Emmett Statutory nuisance Controlled by law (e.g. Clean Air Act, Pollution Control Act, Public Health Act) Civil Law Strict liability (Tort) Establishes a duty of care 1. An accumulation 2. A non-natural use 3. An escape (damage from that escape) 17 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Example: Rylands v Fletcher (1866) Trespass Trespass to land is an unjustiﬁable entry upon land in possession of another, however temporary or minor. Trespass to leave – place or throw anything on another party’s land is actionable without proof of damage. English Land Law Title to land is either registered or unregistered. Restricted covenants are Wayleaves are similar to similar to easements but easements but are beneﬁt the not permanent and community or are time limited neighbourhood as a whole 18 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Environmental Law Written Law (Legislation) Environment Act 2021 Wildlife and Countryside Act 1981 Wild Birds Directive 1979 Habitats Directive 1992 Natura 2000 Network Environmental Permitting Regulations 2010 19 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Session 2 1 and 6: LI, Royal Charter, CPD policy, professional judgement, ethics and values Professional Ethics & Liability What is a professional? A professional person is one who oﬀers competence and integrity of service based upon a skilled intellectual technique and an agreed code of conduct (Report of the Monopolies Commission on the Supply of Professional Services, 1970). A professional enables a client to do something that they can’t do themselves and they employ us on the basis of our: Qualiﬁcations Certiﬁed level of competence, through which someone is a member of a profession Skills Including knowledge and experience Trust and Ethics A professional will look after the client’s interests, as well as the interests of others (public, environment) Professional Institutes A member of a Professional Institute or body that protects the status of its membership and governs its members. 20 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Professional Liability Duty of Care Professionals owe a ‘duty of care’ to anybody who relies on their services or advice, whether a fee is charged or not: Client You owe a duty of care to the client in providing your services – act ethically, responsibility and within the remit of your expertise Public You owe a duty to all persons you can reasonable foresee would be directly or closely aﬀected by your actions What could happen? Liability claims Professional liabilities Liabilities under contract Tort (negligence, libel, nuisance, trespass, strict liability) Employer / employee Statutory Occupier Protecting yourself against liability Quality Assurance Procedures – checking your own work, checking the work of others, three step check and approval 21 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Reading the smallprint – in contracts, agreements Knowing the law as it relates to your role – employment law, environmental law, planning law etc. Time – ensuring enough time to complete work to a high standard, raising concerns about time with seniors Insuring yourself against liability Professional Indemnity Insurance: Covers against allegations of breach of Duty of Care (negligence) Public Liability Insurance: Covers claims made by members of the public for injury or damage Employer’s Liability Insurance: legal requirement if you employ one more members of staﬀ; protection if one of your employees becomes ill or injured as a result of work. Sample scenarios to consider in relation to Professional Ethics and the Code of Practice: “I think this new landscape project is awful – a complete waste of money for the client. I am going to say how bad it is on social media.” “As long as I pay my membership fees to the Landscape Institute I don’t need to contribute in any other way.” “As long as I pay my membership fees to the Landscape Institute I don’t need to contribute in any other way.” “You are submitting a fee proposal where the client has asked you to design something you have no expertise in. That’s OK isn’t it?” “As a new Landscape Architect am I wholly responsible for my mistakes?” “It’s only a small job and the client know what services I’m going to provide for them, so there’s no need to write it all down for them.” “The headteacher at the school is threatening to complain about my work. It’s not my fault a child fell in the pond, they should have been supervised, so I’m going to ignore her.” 22 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus REMEMBER: It’s not always a right or wrong answer. What is your moral compass telling you? Who should you consult for guidance? Does the code of practice help? Do the other governance documents help? Do you need to speak to your insurer? Do you need legal advice? Practice Organisation, Appointment & Management Forms of Practice Landscape professionals work in a variety of workplaces. Chartered Members (CMLI/FLI) can form a Registered Practice. It is important to consider the diﬀerences between diﬀerent types of organisation and how they inﬂuence or eﬀect the work of landscape professionals. Public Sector Landscape Professionals Private Sector Other 23 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Examples of Public Sector Practice Examples of Private Sector Practice 24 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Example of other types of Practice What type of How does it What is the organisation do diﬀer from other legal structure? you work for? organisations? Partnership (Unlimited) Legal provisions set out in the ‘Partnerships Act 1980’ Require 2 or more people to enter into a Partnership Agreement (or default provisions of the Act apply) New partners can join the Partnership with agreement of other partners Partners share the proﬁt and assets – as stated in agreement (eg Senior or Junior Partners) But also share responsible for all debts or losses Each partner is liable for their own torts and debts as well as those of the other partners (jointly and severally liable) Liability continues upon retirement or death Partnerships are dissolved when one partner gives notice, or dies – unless provision is made in Agreement Accounts are required but not to be made public or audited 25 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Limited Liability Partnership (Llp) Legal provisions set out in the ‘Limited Liability Partnerships Act 2000’ An LLP is a legal entity in its own right and is managed by Members (must be 2 people or more) Designated Members are not employees of the LLP Members share the proﬁt and assets – equally or as stated in agreement Proﬁts of business are taxed as in line with Partnership – not the same way as a limited company Must be registered with Companies House Accounts are required and become public through ﬁling with Companies House LLPs are liable as separate entity ie the Members are not liable (other than for their own torts) LLPs are dissolved when the Members agree or the LLP is wound up or becomes insolvent Limited Company (Ltd) Legal provisions set out in the ‘Companies Act 2006’ A Company is a separate legal entity and can therefore enter into contracts and sue or be sued Companies must be registered with Companies House – CH publish on online, public register Can be set up by one person (Director/shareholder) Directors usually employees of the Company (and therefore receive a salary). A Memorandum of Agreement (or Association) sets out how the Company is set up and names the Directors. Shareholders are only liable for the torts or debts of the company (when limited) up to the unpaid amount on their shares. Directors are only liable if they are also shareholders. The director's primary role is to manage the company in accordance with the objectives set out in the Memorandum of Agreement. And to promote the success of the business for the beneﬁt of the shareholders Directors must exercise reasonable skill and judgement in fulﬁlling their role 26 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus They must avoid conﬂicts of interest and not take beneﬁts from third parties They must ﬁle accounts, prepare annual reports and hold annual general meetings Pay Corporation Tax on the proﬁts of the company and pay their own tax (in addition to PAYE) via self-assessment. Employee Ownership Where ALL employees have a stake in a business. Usually set up by Companies ‘limited by shares’. Employees have a say in how business is run – board representation. Employees hold shares in business (eg Share Incentive Plan-SIP) Can be set up as a new business or transferred to an EoT from an existing business. Often advantageous for succession planning as can be tax beneﬁcial for business owners and an ‘aﬀordable’ and eﬀective way to pass on a business. Public Limited Company (Plc) Legal provisions set out in the ‘Companies Act 2006’ Must have min £50,000 in share capital (in UK) PLCs can sell their shares to the public (but don’t have to) Listed companies are those which trade on the Stock Exchange Register with Companies House and have Memorandum of Association, setting out Registered Oﬃce Address etc. Requires a minimum of 2 directors and one ‘secretary’. Must publish audited accounts and submit to CH. Many PLCs publish ‘Annual Report’ summarising accounts. Sole Trader They must avoid conﬂicts of interest and not take beneﬁts from third parties They must ﬁle accounts, prepare annual reports and hold annual general meetings Pay Corporation Tax on the proﬁts of the company and pay their own tax (in addition to PAYE) via self-assessment. Other Business Types Co-operatives – Can be registered as companies or through Friendly Societies Some co-operatives are more informal and share resources (eg oﬃce space) 27 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Community Interest Companies - (CIC) – started in 2005 to allow social enterprises to invest proﬁts for the public good. CICs are limited companies and cannot be charities ie do not beneﬁt from the tax beneﬁts of a charity. Not for Proﬁt – can be a company ‘under guarantee’ but with all proﬁts re-invested into business. Trustees – may also be a charity eg the National Trust A trust isn’t taxed as a company but must publish accounts. Usually set up with a ﬁnancial endowment. Charities – similar to trusts but follow stricter regulation relating to what they can /can't do (set by the Charities Commission) Charities are run by a professional staﬀ with legal responsibility for ﬁnances, direction etc run by board of trustees. What are the pros If setting up a and cons of landscape practice diﬀerent types of what would you organisation? choose and why? Practice Management General Duties When Running A Business Promote the values and objectives of the business Manage ﬁnances – expenditure and income Marketing and promotion Employ staﬀ – covered by Employment Law Applying the Health and Safety at Work Act Quality assurance Appropriate insurance Training 28 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Managing Finances Preparing and updating Business Plans Setting up / managing bank accounts Financial forecasting - relating to income and expenditure – monthly, annually etc setting charge out rates etc. Ensuring salaries, pensions etc are paid (and on time) Managing expenditure Issuing invoices and (chasing unpaid invoices) Approving annual accounts Paying Corporation Tax / VAT etc Ensuring personal tax is paid (Director’s self assessment) Marketing And Promotion Develop strategies to meet and develop the business aims and objectives Researching new clients / sectors Promotional material – brochures, websites, social media, blogs etc Press releases / articles in journals / social media Networking – informal or at trade events / conferences etc Meetings with prospective clients / contacts Entering competitions or awards Employers Duties Act in accordance with the law and ensuring that all procedures are regularly reviewed and updated accordingly Recruitment - advertising and interviewing Negotiating employment packages/salaries Providing written contracts / terms of appointment Addressing issues such as maternity/paternity leave What to do when staﬀ leave and procedures for dismissal 29 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Avoid workplace discrimination Undertake appraisals/reviews – set targets etc Support staﬀ with training / CPD / mentoring Quality Assurance Practices/organisations should have adequate procedures in place to ensure the eﬀective running of the business QA/QMS policy and procedures – and documenting these Can include document/ﬁle control, time management, fee/ﬁnancial management, safety matters etc Procedures for dealing with complaints or non-conformance Provide adequate and regular staﬀ training Quality Management Systems accredited – ISO9001 Can relate to design (eg checking etc), administration, project management including BIM What procedures or processes do you Who beneﬁts from use to ensure QA/QM systems? quality is managed in your workplace? Health and Safety Health And Safety At Work Legal provisions set out in the ‘Health and Safety at Work Act 1974’ Sets out role of the ‘Health and Safety Executive’ – who have a statutory function. People can be prosecuted – either through civil courts or criminal courts. Applies to workplaces – eg oﬃces, factories, building sites or for people who have no ﬁxed work place. 30 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus There are also responsibilities for service providers to make places safe – eg building owners. Or those designing or managing public spaces. Where do landscape professionals encounter Health and Safety In the oﬃce /workplace On site visits At meetings with clients/co-consultants At public consultation events Whilst monitoring landscape works during construction Whilst working from home Throughout every stage of the design process When specifying products, preparing briefs for others, writing management plans etc Duties of Employers Provision of information and training to ensure H&S at work Undertake risk assessments to ensure safety and avoidance of risk of injury when using equipment. Maintenance of places of work so that risks are reduced. (including business owners and landlords) Provision and maintenance of facilities to ensure adequate welfare at work – eg toilets, running water etc. Ensure safety measures for employees working ‘on-site’. Provision to recognise and address mental health issues. Duties of Employees Must also take responsibility of him/herself at work. This includes taking reasonable care of him/herself during work activities (eg site visits) 31 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus And ensure actions to pose risks to others at work or those encountered at work (ie non-employees) Cooperate with employers and other persons to enable them to fulﬁl their duties under the act. Attend training and comply with any other contractual requirements relating to individual business requirements How does your organisation assess risks for those working away from the oﬃce? 32 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Health And Safety - CDM Construction, (Design and Management) Regulations Introduced in 1994 with updates 2007 and 2015. Introduced with aim to eliminate and reduce the speciﬁc risks and hazards associated with building and construction. Applies to all projects that are to be built – starts with Design Landscape architects and all others designing the built environment have legal duties under the CDM Regs. Each duty holder must understand their role and the role of others Main duty holders. Client Principal Designer (only 1 per project) Principal Contractor (only 1 per project) Designer Contractors Principal Designer may be lead designer or externally appointed consultant who takes on role. Landscape architect can be Principal Designer All duty holders have responsibilities Not enough to simply identify hazards and risk - all parties should aim to prevent risk. The Designers (Project Team) should Eliminate risks and hazards where possible Reduce any remaining risks Control risks to an acceptable level Coordinate and communicate with ALL other duty holders Documentation (legally required by the regs) Pre-construction information Construction Phase Plan Health and Safety File 33 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Designers Risk Assessments – a key part of the design process Used to identify and record risks, to reduce or eliminate Must consider the nature of any risk or hazard and the likelihood and nature of any harm that could be caused. Designers must consider who is aﬀected by their designs The people building or installing it (contractors) Those visiting or using it (eg the end user, risks can be diﬀerent depending on the end user) Those looking after it (eg maintenance contractors) Those aﬀected when a scheme is de-commissioned. ‘Residual risks’ record within the ‘Health and Safety File’ Designers Risk Assessment should be shared with all involved in the project. 34 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Session 3 4A-E: Contracts and Management Contracts and Contract Management A contract is an agreement between two parties (purchaser and provider) that deﬁnes the legal relationship, which if breached is enforceable in law (claimant and defendant). Must include: 1. Intention to create legal relations 2. Consideration (promise to pay or do something) 3. Oﬀer and acceptance (agreement, verbal or in writing) Note: The parties must have contractual capacity (over 18, parties are legal entities recognised by law) Who are contracts between and why do we use them? To engage services of a consultant If you are not sure which type of Client and consultant (landscape architect) contract the assessor is asking Consultant and subconsultant about, ask them to clarify To engage services of a contractor Client and contractor Contractor and subcontractor Q: Why wouldn’t you set up a project where you as the consultant had a contract with the contractor directly? Why have a contract? Protects all parties (client, contractor, you) Sets out agreement clearly Sets out what to do if things go wrong 35 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Why use standard forms of contract? Understood across construction industry Less room for interpretation Already challenged in law Contract Management Golden Rules Types of construction contract Keep records Make time for Check and Everything in (written/photo) admin check again writing ADVANTAGES: Traditional Quality of work Design separate from construction Clients can change things DISADVANTAGES: All parties contracted individually to client Full documentation required to price Can take more time Can cost more in fees Price against description of work Design and Build ADVANTAGES: Contractor under\takes design and Certainty of price construction Easy for client DISADVANTAGES: Contractor may sub-contract to designer Client can lose control of design once let Tender diﬃcult to assess Loss of quality 36 No independent COPYRIGHT ContractINSTITUTE OF THE LANDSCAPE Administrator LI Academy Overview of the Pathway to Chartership syllabus Two-stage tender Design Development Planning Appoint Technical Discharge Construction Tender VE Permission Contractor Design Conditions Issue First Stage: Second Stage: Appoint Appoint Main Sub-Contractors Contractor Collateral Warranties Design and Build Quality Control How can you manage / monitor / control the quality outcome of the project and any design changes during implementation, especially in a Design & Build contract? As much information during Stage 3 / planning application. Work with the QS to ensure your proposals are within landscape budget / ‘ring-fence’ the landscape budget if possible. 37 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Ask what the contractor’s budget is and you look for suitable alternatives. Talk to the manufacturers. If they know they are about to lose the order, they might be able to lower their price / rework their orders. Planning permission is your best friend – remind the contractor / client that any changes have to go back to planning. Request for information (RFI) Issued – typically by the Contractor – when they don’t have suﬃcient information on the documentation already produced Usually, 48-72 hours for Design Team to respond Important to check if response to an RFI contradicts previously issued information… Or if it has a ﬁnancial impact D&B contracts tend to have a lot more RFIs 38 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Early Warning Notice (NEC Contracts) NBS Speciﬁcation (CAWS & Uniclass) CAWS groups the speciﬁcations per category: Q25 is paving Q28 is topsoil Q50 is Street Furniture, etc. Uniclass speciﬁes an entire system: Ss_40_85_72_20 is Cycle parking equipment systems Ss_45_40_28_32 is free-standing external container planting system Standard forms of construction contract 39 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Sample questions: What are the main diﬀerences between traditional contracts and design and build? Why are Collateral Warranties important for the Client? How can the contractor aﬀect the design development of a project? How can you manage quality control and any design changes during implementation? How can this diﬀer between contracts? What role can Project Management Tools play in the design process? Standard forms of construction contract JCLI JCLI Landscape Works Maintenance Works (with and without contractor’s design) ‘Back-to-back’ Traditional form of contract Usually Landscape Architect/Manager-led / Contract Administrator (CA) Client has higher control over the project delivery Contractor has limited input in design, construction method If you work in & product selection Scotland or Northern Ireland there are diﬀerent versions of standard contracts 40 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus JCT (suite) Minor Works Traditional form of contract Usually Architect-led / Contract Administrator (CA) Client has higher control over the project delivery Contractor has limited input in design, construction method & product selection Design Variations JCT (suite) Design and Build Contractor appointed usually after RIBA Stage 3 Design Team usually novated to Contractor from RIBA Stage 4 onwards Contractor can have signiﬁcant input in design, construction method and product selection Client has less control over the project delivery Design Variations NEC (suite) NEC 3 & NEC4 Engineering and Construction (various options) Remember: there are NEC contracts used for your appointment too 41 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Widely used within the Public sector (incl. London 2012) Combine project management, contracting and procurement NEC4 added the Design Build and Operate Contract, the Alliance Contract and the Facilities Management Contract Collaborative approach between client & contractor; provides greater clarity and reduces potential for problems through Early Warnings Oﬀers the Client higher control over project delivery Compensation Events Non-standard contracts may be needed for very complex projects – Remember, these things still apply: seek legal advice Negligence (Tort) Fault inspection, negligent professional advice on site Personal injury or death in construction (responsibility?) Nuisance (Tort) Public nuisance (inﬂicts damage, annoyance or inconvenience) Private nuisance (encroachment, damage, unreasonable interference with neighbour’s land) Statutory nuisance Pollution, public health 42 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Construction Design and Management Regulations (CDM) (Revised in 2015) Ensures Health and Safety of construction works and other aﬀected by the work. Identifying, reducing and managing risk To improve planning and management of projects from outset What is ‘construction’? Planting and horticultural work alone is not construction unless part of a wider job that includes construction Earthworks Hard landscape works including structures CDM Regs place duties on Designer Client Contractor Cover things like Competence Management (time, resources, information, facilities) Co-operation with others Think about what role you would act Risks in and what your responsibilities Welfare would be 43 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Principal Designer (former CDM Co-ordinator) Can be a person or a body (e.g. the Council) Councils and private companies will often appoint or use an in-house specialist to act in this role, but you still need to be aware of the responsibilities. You may be asked to undertake this role if you are the main designer of a scheme, but you must ensure you or your practice has the knowledge and expertise to undertake this role. On bigger projects you are more likely to be a designer, working with a principal designer. Main responsibilities Plan, manage, monitor and coordinate health and safety in the pre-construction phase. Help and advise the client in bringing together pre-construction information. Provide the information designers and contractors need to carry out their duties. Work with other designers on the project to eliminate foreseeable health and safety risks or reduce or control those risks. Liaise with the principal contractor, keeping them informed of any risks that need to be controlled during the construction phase Work through your role on a project thinking about your responsibilities at each stage ‘Notiﬁable’ projects F10 form Remember that the HSE can turn 30 days and more than 20 workers on site at any point OR up at any time to more than 500 person days any project, notiﬁable or not Can be inspected by HSE at any time Visit the HSE website for more information 44 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Tender process for Landscape Architects Produce detailed design and information pack Select method of tendering Select contractors (or open tender) Finalise and issue tender documents Tender assessment Negotiation/Appointment Contract signed Sample questions: You are tendering a contract to construct a small park you have designed. You have estimated that the project will take 2 months to build. How would the CDM Regulations apply? What contract/s are available to you for a landscape project for a new school with a value of £150k? Which might be best suited and why? Your project is on site and the contractor has been appointed. Describe the meetings/inspections/other ways you could monitor progress on site. Your project is being constructed on site when the contractor calls to say they have hit a power cable. What questions do you ask and what should you do next? The Contractor calls and says the new lighting columns on the ground ﬂoor of your public realm project are very close to the old existing lighting columns. Their question is: do they remove the existing columns? If not, do they need to install the new ones? What do you do? You are on your site visit and see that the timber sleeper planters you’ve speciﬁed have not been built to your speciﬁcation. What do you do if this is on a JCLI contract and what if it is on a Design & Build? 45 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Working with others Landscape Professionals do not work in isolation. 46 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus The Design Team The Project Team Think about the work you do and list the diﬀerent groups of people and organisations you encounter 47 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Fees and appointment Ways of winning work What clients are looking for Track record – similar projects or types of work References – eg previous clients (it’s a very small world!) Staﬀ structure – organogram. May include reference to other departments. CVs of those relevant to the project Financial information – eg past three years turnover, accounts, three largest projects etc. Company details eg Directors, registration no etc. LI Membership – Registered Practice and Staﬀ (other memberships) QA/QMS systems – eg ISO9001 or similar Policies – Staﬀ Training, Anti-slavery, Corporate Responsibility, Sustainability etc. Health and Safety info – policies, records, sample Risk Assessments How does your Insurance cover (and notiﬁcation of any claims) organisation ‘win’ work? Price – not always the cheapest; quality v cost, often asked to demonstrate ‘added value’. 48 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus A ‘safe pair of hands’ and people they can do business with – individuals and the business Agreeing the Brief Your client may have a ﬁxed and deﬁned brief This can be based on production of a single piece of work e.g. a LVIA or similar study Or for design work, diﬀerent ‘work stages Often follow RIBA Plan of Work Or the Landscape Institute Work Stages o Info on timescales, deadlines, no of meetings etc. o Sometimes a client will ask you to quote for work without providing a ﬁxed brief o You will be required to ‘write the brief’ and put a price against each item o Important to understand client's requirements e.g. timescales etc. 49 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus o Good to use RIBA/LI work stages if possible o Important to understand if you are competing with others – is scope of works comparable…. 50 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Preparing a fee Lump Sum / Fixed Fee Best used when a known scope of works is provided Often required in competitive quotes Should state clearly any exclusions Make provisions for variations to scope e.g. to add items not explicitly listed in scope. Clearly state whether disbursements are included or not – and provision for charging. A ‘Ceiling Figure’ is a variation of a ﬁxed fee / time charge – i.e. ﬁxed fee is maximum but based on time spent Percentage Fee Usually calculated on a percentage of the total build cost. Can be overall project budget or landscape budget Requires a ﬁxed scope of works Should consider eﬀects on Fee if build costs varies (up or down). Make provisions for variations to scope eg to add items not explicitly listed in scope. Clearly state whether disbursements are included or not – and provision for charging. Time Charge Fee Useful when scope is not known or ﬁxed. Can be used in conjunction with lump sum or percentage fee where some items of work are known and others are not. Can be items such as consultation or meetings. 51 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Needs careful monitoring and recording of time and work undertaken in order to maintain client trust. Retainer / Fixed Term Agreement A ﬁxed fee allocated on an annual/monthly basis for an agreed scope of works. Monthly fee remains the same regardless of work done – but should generally balance at the end of the agreed term Should be monitored and reviewed annually Needs careful monitoring and recording of time and work undertaken in order to ensure the arrangement is working for all parties. Calculating a fee The fee should reﬂect the professional services provided It should cover the costs incurred It should be fair and reasonable but It should make a proﬁt for the business Fees should be competitive but should not undervalue the value landscape architects bring to a project Fees should consider matters relating to timescale, inﬂation etc to ensure projects remain proﬁtable Key considerations include Anticipated time taken for each task listed in the scope Who is best placed to do each task What will be the cost for each task Charge out rates generally vary depending on experience of person doing the work In addition, expenses / disbursements should be calculated (eg travel costs etc). Charge out rates – made up of the following: Salary (can include costs such as pensions) Overheads – oﬃce cost (eg rent/mortgage), insurance, software, accounting, advertising etc etc. 52 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Proﬁt Proﬁt can be variable. How much is included in a Consider the type of projects you work fee/charge out rate can be adjusted but should not result on the and how you in a loss. would prepare a fee quotation. Professional Appointment Types of appointment Internal appointment /contract Client’s standard contracts LI Standard Form of Appointment Terms set out within contracts provided by others should be checked with insurers for compliance with PI insurance. You should not undertake professional work unless the terms of the contract have been recorded in writing: Scope of the work Allocation and any limitation of responsibilities The fee and/or method of calculating fees eg hourly rates Terms for payment (and non-payment). Terms regarding variations, time limits, scope etc. Provisions for termination and any special provisions for dispute resolution. Types of Appointment – Novation If you are working on a project that is subject to a ‘Design and Build’ (D&B) contract than you may encounter Novation. Novation is where a consultant’s appointment is transferred from the original client to a main contractor. e.g. A client appoints landscape architect to produce designs to gain planning approval. The D&B main contractor then appoints the design team to progress the detail design for implementation. Sometimes client will retain consultants and the contractor will appoint a new design team for detail design stage. 53 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Types of Appointment – Collateral Warranty A collateral warranty is an agreement with a ‘third party’ It creates a legal agreement with a ‘duty of care’ and which sits alongside the agreement/contract with a client. Examples are where a client sells a site with planning permission to another developer who intends to rely on your work. A collateral warranty should not normally allow ‘assignment’ to more than two times. It is important that the wording of any Collateral Warranty is legally checked for compliance with PI insurance. Dispute resolution All contracts with clients should include terms relating to management of disputes including non-payment of fees. Mediation Where an independent mediator facilitates a process to mutually agree a way forward. Will usually make recommendations. Not legally binding Adjudication Applies to disputes which relate to the Housing Grants, Construction and Regeneration Act (Construction Act) 1996. Undertaken by an ‘Adjudicator’ and follows procedure set out in the act – usually overseen by solicitors 54 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Decision is ﬁnal and binding. Arbitration (Arbitration Act 1996) Both parties must agree to arbitration Undertaken by an ‘Arbitrator’ – experienced in relevant ﬁeld What records should you keep to reduce Can be based on written evidence or hearings risk of not being Arbitrators decision is then binding. paid? Litigation Usually only used when all other options have been dismissed. Involves full legal proceedings (i.e. very costly) Advertising and Promotion There are many ways to market and promote professional landscape services. LI Code of Practice – Rule 11 - You must act with integrity in your relationship with clients, other professionals, the public, and the Landscape Institute Provides guidance on advertising which must be ‘truthful and accurate’, not mislead and conform with requirements of the Advertising Standards Authority. LI members should not make claims about other professionals or those delivering landscape services. 55 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Copyright and data protection Copyright and intellectual property Law set out in Copyright, Designs and Patens Act 1988 Copyright protects original work and stops others from using it without your permission. As an employee, the work you do becomes the copyright of the organisation you work for – this is usually stated in employment contract. For copyright to apply the work must be original. Landscape designs prepared for clients can be used by them for the purposes they were commissioned only. Some contracts will ‘assign’ copyright to the client, otherwise they remain with the appointed designer. Designs can be ‘registered’ e.g. for a piece of street furniture which then ensure design can't be reproduced without permission. This falls under the Registered Design Regulations 2001. If a client has commissioned (and paid for) a design they will be deemed to have licence to use the design. If registered, the designer should be credited. 56 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus The Planning System Introduction The role of the Town Planning is to seek to achieve the right balance of diﬀerent types of land use, including development (eg commercial, housing, retail) in the right place. In the 19th Century ‘planning’ developed to respond to problems resulting from increased urbanisation – primarily health related. Evolved throughout the 20th Century - 1947 – Town and Country Planning Act – being the basis of the system today – updated in Town and Country Planning Act 1990 In the UK Planning is part of the political and democratic process. Relevant legislation : 2004 – Planning & Compulsory Purchase Act – Introduced concept of ‘sustainable development Removed county level planning and introduced regional plans. Replaced ‘Local Plans’ with ‘Local Development Frameworks’. 2008 – The Planning Act – ﬁrst to refer to climate change. 57 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus 2011 – The Localism Act (and updates) Abolished Regional Plans Introduced ‘Neighbourhood Plans’ Required developers to consult with the public. Introduced ‘presumption in favour of sustainable development’ 2013 – Growth and Infrastructure Act an attempt to boost the economy by changing parts of the planning system. 2023 – Levelling Up and Regeneration Bill – (LURB) an attempt to boost the economy by changing parts of the planning system. 58 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Planning Policy National Planning Policy Framework (NPPF) 59 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Overarching National Policy – Reﬂects government policy to promote stainable development Includes policies on the natural environment, heritage, design, ‘valued landscapes’, green belt. All planning applications are assessed against the NPPF for policy conformity. First published in 2012, latest version published September 2023 – due to be updated again this year. Local Plans Every local authority (Borough, District, Unitary) is required to have a ‘Local Plan’. It must conform with Polices set out in the NPPF. Sets out strategic and site based policies for the area. Supported by a Policy Map (usually interactive) Must be based on ‘evidence’ and is widely consulted on prior to ‘adoption’. Must be examined and found ‘sound’ by an independent Planning Inspector before being adopted by the local authority The London Plan This is the equivalent of a ‘Local Plan’ but at a regional level across London. London Borough’s, however, also have Local Plans which should generally conform with London Plan. It is the ‘Spatial Development Strategy’ for London. Its policies should inform decisions and planning applications made a borough level. Includes policies on environment, open space, play provision, ‘Urban Greening Factor’, accessibility, tall buildings etc. Neighbourhood Plans Introduced in 2011 Localism Act Gives communities power to create a plan to shape development and growth within their local area. 60 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Policies can be general or site speciﬁc (usually both) and must conform with Local Plan. The plan must be consulted on widely, undergo independent examination before holding a local referendum. Where a Neighbourhood Plan exists, planning applications and decisions should respond to polices within them. Consider how planning policy aﬀects the work you undertake – directly and/or indirectly. Development Control What is ‘development’? “Building, engineering and mining operations in/on/under the land, or where there is a material change of use of a building or land”. Development which (usually) requires ‘permission’ (usually) includes: Change of use – deﬁned by Use Classes Demolition Renovation and Extension Construction Highway works Access Earthworks Some development is classed as ‘permitted development’ e.g. Within classes – since 2020 Class E now covers shops, oﬃces, cafes, restaurants so no requirement to apply for permission to change use Extensions to private homes – subject to space standards 61 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Considerations for gaining planning permission What type of development is proposed Where is it proposed, has the land been previously development What is already on the land What planning policies apply to that land What designations (or protected features) exist What type of permission is most appropriate 62 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus v v Prior to submitting a planning application For most projects – pre-application meetings occur with local authority Consultation with stakeholders (including statutory consultees) Undertake Design Review (usually with independent review panel) Undertake public consultation The ‘pre-app’ stage of a project can vary in timescale from a few weeks to a year or more – depending on complexity and sensitivity of the project. This aim of the pre-app stage is to agree the principles of the development which should assist in gaining approval. 63 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Outline Planning Application This usually requires the following to be submitted: Where the development is located (Location Plan) The extent of the proposals (Red Line) The amount of development (e.g. number of houses or sq m /ft of development Access – all planning applications need to demonstrate connections onto a public highway – this is usually applied for in ‘detail’ Larger projects will submit ‘parameters plans’ A ‘Design and Access Statement’ which provides information on intended design, landscape, suds, materials etc. If large enough, an EIA will be required. Associated surveys, reports etc. Some projects can by submitted as a ‘hybrid’ with part of the scheme proposals submitted in detail (e.g. a ﬁrst phase of a larger project) and the remainder in outline. Reserved Matters Application If an outline application is approved – this will have some matters ‘Reserved’ – e.g. Landscape These matters are set out in the approval document and are usually included in one of the planning conditions. An outline approval will also include a list of ‘planning conditions’ which need to be ‘discharged’ (approved). Conditions generally require details to be ‘submitted and approved’ on matters such as hard and soft landscape, SUDs, materials, building locations and designs, drainage, lighting, etc. Discharge of Conditions In addition to above, conditions can also include o Requirements for additional surveys or monitoring e.g. contamination, ecology, archaeology etc. 64 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus o Some conditions will be required to be submitted for approval prior to commencement of work on site and others prior to occupation. o Larger projects (e.g. those which are phased) may have ‘triggers’ e.g. requiring play areas to be delivered prior to 100th occupation of a 500 home residential development. o Consultation with Local Authority should continue at all stages and Landscape Architects are usually involved with these meetings. Detailed Planning Application Information submitted is often similar to that of outline albeit with more detailed information being submitted for approval. The application will seek to get approval for both the principle of development and the detail of the development in one application. For most applications, there will, however still be Planning Conditions applied to any approval and again these will need to be cleared in order for the full approval to have been implemented. Some LPAs will include a detailed landscape condition even when detailed planting plans have been submitted with (and approved) with the detailed application. Submission Documents – Validation Checklist Published by LPA - lists what should be submitted in order for application to be validated Will vary between diﬀerent councils (but must include national minimum requirements) Will vary depending on type and nature /complexity / sensitivity of the project. 65 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Development Control – Planning Appeals Appeals are undertaken by the Planning Inspectorate An Inspector will determine the appeal based on ‘evidence’ and prepare his recommendations – uphold (approve) or refuse planning permission. Can be ‘called in’ or ‘recovered’ for decision by the Secretary of State 66 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Types of Appeal Statutory Consultees and Other Agencies Government Agencies In the late 20th Century, the United Kingdom, through ‘devolution’ granted certain aspects of ‘self government’ to the devolved nations of Scotland, Wales and Northern Ireland. And also some executive powers to London via the Greater London Authority (GLA) The UK Government is (currently) divided into 24 ministerial departments responsible for diﬀerent aspects of society. Each devolved nation has its own government (or executive) also with ‘ministries’ or departments 67 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus The Environment Agency Reports to the UK Government – Department of Environment, Food and Rural Aﬀairs (DEFRA) Statutory consultee on planning applications Employs and commissions landscape professionals Responsibilities for: Rivers and watercourses* 68 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus *Canals are managed by the Canals and Rivers Trust Waterways – ﬁshing – licensing (private and commercial) Waterways – recreation – permits for boat ownership Waterways – condition of waterway Speciﬁc tasks: Flood control River levels and ﬂood risk maps Flood monitoring / warnings Coastal ﬂood warning Coastal protection and change Pollution – land, air and water Control of waste – permits + Landﬁll Tax Emissions regulations Climate Change Levy Nuclear regulation Natural England Reports to the UK Government – Department of Environment, Food and Rural Aﬀairs (DEFRA) Statutory consultee on planning applications Employs and commissions landscape professionals Responsibilities for: Urban / countryside landscape policy Grants for landscape management European Landscape Convention 69 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus National Landscape Character Assessment (Area Proﬁles) Guidance on Landscape Sensitivity Assessment and LCA Speciﬁc tasks: Designated landscapes – Area of Outstanding Natural Beauty – designation and management guidance Designated landscapes - National Parks (locally by NPAs) Access and rights of way and Coastal Path Open Access land, Country Parks, National Trail The Countryside Code Promotes and protects bio-diversity Provides licences for protected species Research, records and guidance on habitats and species Ancient woodlands SSSI and Local Nature Reserves (local Wildlife Trusts). Marine Protection Areas Implementing and setting standards for Bio-diversity Net Gain (BNG) as required by the Environment Act. BNG metrics and guidance – enforceable on all developments from November 2023 Green Infrastructure Standards for England (January 2023) Published Standards and Design Guidance Historic England Reports to the UK Government – Department of Culture, Media and Sport Statutory consultee on planning applications Employs and commissions landscape professionals Note: Diﬀerent from English Heritage – a charity that manages 400 historic houses and sites 70 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Responsibilities for: Protection of the England’s heritage assets Responsible for listing of Listed buildings and Scheduled Monuments Houses, industrial, military buildings, landscapes, parks and gardens The Ancient Monuments Act of 1913 – Heritage Assets - also now protected by the NPPF (National Planning Policy Framework) Undertakes research Promotes best practice through training and publications Advice on integrating new development within historic context Maintains searchable list and map of Listed Buildings, Parks and Gardens and Scheduled Monuments Highways England Reports to the UK Government – Department of Transport Statutory consultee on planning applications* Responsibilities for: For all motorways and trunk roads (major A roads) Traﬃc management and operations eg live traﬃc news! Ongoing maintenance of roads and motorways Responsible for tolls (very few in UK) New roads, road improvements/new junctions/widening etc *where there is an impact of proposed development on the strategic road network / major junctions etc. The Forestry Commission Reports to the UK Government – Department of Environment, Food and Rural Aﬀairs (DEFRA) 71 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Responsibilities for: Manage the UKs public forests Produces ﬁve million tonnes of timber every year Issues licenses for tree felling - licences are a legal requirement for removing any trees with 5m3 of timber or more Provides grants etc for tree planting in private forests Devolved Nations – Wales Natural Resources Wales Sites of Special Scientiﬁc Interest (SSSI Marine Protection Areas and Heritage Coasts National Parks and AONBs Flooding and Waste management Woodlands and Forests including felling licence) LANDMAP (GIS based online data from Natural Resources Wales) CADW - Historic Environment Custodians of historic environment and sites in Wales Research, training and guidance on historic environment Implements the Historic Environment (Wales) Act 2016 72 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Devolved Nations – Scotland NatureScot Protect and promote Scotland’s natural heritage Marine Protection Areas and SPAs National Parks and National Scenic Areas Scottish Environment Protection Agency (SEPA) Flooding, coastal protection Pollution, water, air and land Historic Environment Scotland Research, training and guidance on historic environment Designations – listed buildings, scheduled monuments etc Think about the projects you work on and consider how government agencies (statutory consultees) inﬂuence your work 73 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Landscape and Heritage Designations What are designations for? Assist in protecting the best and most valued landscapes and places for cultural and environmental reasons. Inﬂuence policy and management of landscapes / places Inﬂuence the decisions and designs of landscape professionals. Are a material consideration within the planning process (eg policy and decision making). Have an ethical dimension for all landscape professionals Can be applied at diﬀerent levels and scales and some places may have multiple designations. UNESCO World Heritage Sites International/National United Nations Educational, Scientiﬁc and Cultural Organisation Worldwide there approx. 1120 World Heritage Sites (WHS) with 29 in UK Can be either designated for cultural or natural reasons (or both) Cultural: e.g. Stonehenge, Durham Cathedral, Bath, Ironbridge etc. Natural: e.g. East Dorset and Devon Coast, The Lake District, The Giants Causeway Site proposed by government and takes up to 18 months to be assessed Developing countries can apply for funding for WHS 74 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Designation will be a major consideration for any proposed development that aﬀects them Designation can be removed e.g. Liverpool in 2021 UNESCO Biosphere Reserves UK has 7 Biosphere Reserves – including: Brighton and Lewes Downs, Galloway and Southern Ayrshire, Biosﬀer Dyﬁ, Isle of Man, Isle of Wight, North Devon and Wester Ross a region needs to show that people and the natural environment are coexisting harmoniously. UNESCO Global Geoparks UK has 9 Global Geoparks including: The Black Country, Cuilcagh Lakeland, The English Riviera, North Pennines etc Areas of geological signiﬁcance. Most fall within other designated areas Ramsar Sites International/National Wetlands of international importance initiated at the Ramsar Convention in Iran in 1971 Initially focus on migratory birds but also promotes the ‘wise use’ of all wetlands And promotes international co-operation UK duties overseen by the JNCC (Joint Nature Conservation Committee) In UK all are SSSIs and therefore protected under Wildlife and Countryside Act 1981 And many are also Special Protect Areas Special Protection Areas European/National Areas classiﬁed under the Conservation of Habitats and Species Regulations 2017 following the European Birds Directive Can cover land, water or sea identiﬁed as being of international importance for the breeding, feeding, wintering or the migration Areas regularly used by min 1% of GB population of a species or 20,000 birds (wildfowl or seabirds) 75 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus JNCC oversee and advise on the designation. Natural England advise on requirements. 286 sits designated in the UK – reviewed every 10 years Areas classiﬁed under the Conservation of Habitats and Species Regulations 2017 following the European Birds Directive Major impact on development within SPAs Residential development is required to ‘oﬀset’ against impacts of recreation resulting from increased pressure on habitats e.g. need to provide SANGs Land (Suitable Alternative Natural Greenspace) This can include access to new open space within a development, upgraded walking routes or facilities such as dog agility areas. The purpose of SANGs land is to limit the impact on the SPAs, the species and habitats within it. How would you ﬁnd out if a site How would you is covered by an advise your SPA? client if it were? National Parks National Designated to protect natural beauty and promote recreational activity Deﬁned under the 1949 National Parks and Access to Countryside Act Management and tourism are key drivers 10 National Parks in England 2 in Scotland 3 in Wales (None currently in N.Ireland) Cross county boundaries 76 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Planning applications are considered by National Park Authorities Each has its own ‘Local Plan’ with planning policy New development (or management) must not interfere with key purposes Other countries have similar designations but each with their own deﬁnitions, criteria and implications. South Downs National Park – most recent designation (2010) Area of Outstanding Natural Beauty (AONB) National Areas of high scenic quality - Statutory protection to conserve and enhance the landscape Currently 34 AONBs in England – Natural England oversee designations. 5 - Wales, 8 - N. Ireland Deﬁned under the 1949 National Parks and Access to Countryside Act and now under the Countryside & Rights of Way Act 2000 Local authorities have duty to fund ‘Management Plans’ Must meet ‘natural beauty criterion’ e.g. landscape quality, where natural or man-made landscape is good quality scenic quality, such as striking coastal landforms relative wildness, such as distance from housing or having few roads relative tranquillity, where natural sounds, such as streams or birdsong are predominant natural heritage features, such as distinctive geology or species and habitat cultural heritage, which can include the built environment that makes the area unique, such as archaeological remains or historic parkland Must conserve landscape and safeguard rural economy – e.g. agriculture / forestry etc. Green Belt National/Regional A planning designation not related to the quality of land within it 77 COPYRIGHT OF THE LANDSCAPE INSTITUTE LI Academy Overview of the Pathway to Chartership syllabus Most Green Belt was deﬁned in the 1950s to protect land around towns and cities from ‘urban sprawl’, maintain ‘openness’ and provide opportunities for access to the open countryside for the urban population. Green Belt land is deﬁned in Local Plans (by LPAs) National Policy – set out by UK Government in NPPF (National Planning Policy Framework). Only some towns and cities have Green Belt. Landscape professionals often undertaken Green Belt Assessments for Local Planning Authorities. NPPF – ‘5 purposes’ of Green Belt To check the unrestricted sprawl of large built-up areas To prevent neighbouring towns from merging into one another To assist in safeguarding the countryside from encroachment To preserve the setting and special character of historic towns To assist in urban regeneration, by encouraging the recycling of derelict and other urban land’ Conservation Areas National/Local Usually designated by Local Authoriti

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