Can a JCLI Landscape Works contract be extended? Expert views would be appreciated

The Outcome of the Independent Review of the Landscape Institute by Catherine Brown was published on 19 January 2021. The last update from the LI was in December 2021 (i) and it advised that in 2022-23 a "change programme paves the way to better ways of working". So what has happened? Catherine Brown make 37 recommendations. For instance, recommendation 14 “increased transparency”. In December 2021 the update stated: “Members can now access formal records of Board and Council meetings, with minutes published in the LI members’ area as a matter of course within three weeks of each meeting”. In fact as this post is written, in August 2023, the latest minutes for Advisory Council to LI members are from 8 July 2021 and for the Board of Trustees from 13 December 2022. (ii). So much for transparency. But one could go on: recommendation 8, a suitably qualified Board Secretary: is there one? one is not listed on 4 August 2023 (iii) indeed we have lost our CEO, Sue Morgan. One could go on. Overall we have gone backwards.

Searching further on the LI website one finds few recent references to the governance review and subsequent action. On the 8 July 2021 Jane Swift, the interim CEO, stated to Advisory Council “Independent Review, etc. has impacted on service delivery and we are slightly behind our normal cycle” and there was a Workshop with a report by Andrew Morris under headings listed as successful , implementation, and communications priorities, (iv). At the Board Meeting on 14 September 2022 it was noted there would be an update on the Independent Review at the joint session with Advisory Council (v) And at the 13 December 2022 Board the then CEO, Sue Morgan, gave a presentation on “R Metrics summary Independent Review recommendations implementation” (vi). But there are no further details.

What is happening to the Landscape Institute?

Refs. 

(i)      https://www.landscapeinstitute.org/independent-review-progress-update-december-     2021/

(ii)   https://www.landscapeinstitute.org/member-content/member-lounge/

(iii)   https://www.landscapeinstitute.org/about/team/

(iv)  https://landscapewpstorage01.blob.core.windows.net/www-landscapeinstitute-org/2022/01/LI-Advisory-Council-08-July-2021-Minutes-WEB.pdf (3ii of 8 July Advisory Council minutes). 

(v)    https://landscapewpstorage01.blob.core.windows.net/www-landscapeinstitute-org/2023/02/LI-Board-of-Trustees-14sept2022-Minutes-WEB.pdf

(vi)  https://landscapewpstorage01.blob.core.windows.net/www-landscapeinstitute-org/2023/04/Board-of-Trustees-13dec2022-MinutesWEB.pdf

Has anyone come across any guidance on the use of recycled plastic for boardwalks particularly in comparison with hardwood (or indeed hardwood treads on recycled plastic supports- if this is suitable). We are trying to weigh up the pros and cons of the options for a series of projects and keep coming up against the maintenance argument that plastic would last 'forever' which is, of course, also one of its downsides! 

If anyone has any impartial evidence that would be really helpful. Thanks.

The Landscape Institute publishes Guidelines for Making a Complaint. To quote “These guidelines contain advice to members of the public and other professions, as well as members of the Landscape Institute, who may be dissatisfied with the professional conduct of an Institute member”. 

The document then goes on to assert: Unprofessional conduct does not mean ‘negligence’. Why one wonders? Maybe better to go a Small Claims Court where the law of tort covers duty of care and negligence, rather than to the Landscape Institute.

Ref. https://landscapewpstorage01.blob.core.windows.net/www-landscapeinstitute-org/2021/12/Guidelines-for-making-a-complaint-Dec2021.pdf

LI Yorkshire & Humber Branch AGM 2023

Weds 26th April 2023, University of Sheffield

This year the LIYH is holding their AGM at the University of Sheffield, with a talk from guest speaker Giacomo Guzzon.

Having worked through the 1970s (when inflation rose to 27% per annum in 1976) I offer these thoughts and would welcome comments please. It is a time of inflation (currently above 10% per annum) and anyone putting fee bids should be aware of what is happening. go to the Office of National Statistics (ONS) for the national picture, for CPIH, CPI,  and RPI, The figures are published monthly so in mid April the March 2023 figures were published as follows:

• CPIH Consumer Price Index including owner occupier’s housing costs: 9.2% per annum
• CPI Consumer Price Index: 10.4% per annum
• RPI Retail Price Index: 13.8% per annum

Each of these indices is a basket of prices of consumer goods. Clearly of these indices currently the RPI is the most favourable, but because  RPI does not meet international statistical standards, since 2013 the Office for National Statistics no longer classifies it as a "national statistic", and instead emphasizes the Consumer Price Index. 

However, the LI Landscape Consultant’s Conditions of Appointment (2018) refers to the Average Earnings Index for both time fees (clause 4.4) and lump sum fees (clause 4.7) and states they shall be revised at 12 month intervals. It does not give a source for the Average Earnings Index, however, one assumes this may refer to the Office of National Statistics  figures for Average Weekly Earnings. This is published with a two month delay so in April 2023 the latest figure was that for March 2023 with an inflation figure of 5.9% for the whole economy, but refer to the source and it is more complicated: https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/employmentandemployeetypes/bulletins/averageweeklyearningsingreatbritain/february2023

Better than nothing but not as high as the CPI or RPI figures. Closer to construction is the information in the RICS Building and Construction Information Service (BCIS) at a subscription rate, larger practices may subscribe or one might be able to obtain figures from a QS. 

However, the LI Conditions of Appointment also address late payments by the client as follows: '5.10 Late Payment: If the Client does not pay the agreed amounts when properly due the Landscape Consultants can apply interest on the full payment due in accordance with the Late Payment of Commercial Debt (Interest) Act 1998 at a daily rate of 8% per year above the Bank of England base rate until payment is received.' Current Bank Rate (15 April 2023) is 4.25% so add 8% = 12.25% which is worthwhile prompt to late payers. This is commonly known as Statutory Inflation. The term for payment under the LI Conditions of Appointment is within 14 days (as clause 5.4). 

The other thing one can do is not to sign for long term fee agreements, i.e. just sign up for each stage of work using the LI 2018 Scope of Services, however, this has its downside in that your commissions will each be for a shorter term, and so such an option offers less long term security. Landscape Maintenance contracts for work and for fee agreements can be for five years. Arguably it is better to sign up for longer term for financial security, but to inflation index any fixed fees (indeed the LI Conditions by Appointment proposes such revision every 12 months).

Sources:

Office of National Statistics ref. https://www.ons.gov.uk/economy/inflationandpriceindices

Office of National Statistics Average Weekly Earnings: ref. https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours

RICS Building and Construction Information Service: https://www.rics.org/uk/products/data-products/bcis-construction/bcis-online/

Inflation forecasts: 

Bank of England https://www.bankofengland.co.uk/explainers/will-inflation-in-the-uk-keep-rising  (15 April 2023)  

Office for Budget Responsibility  https://obr.uk/forecasts-in-depth/the-economy-forecast/inflation/ (15 April 2023)

Hoping someone might have knowledge of a precedent they can direct me to?

We've been involved in a project to formalise a road closure, on a minor road which has been temporarily closed using large concrete blocks (and no bollards) for over a year. We have sourced large blocks of local stone, which have been placed in the road to act as a barrier. The highways team are now nervous that somebody will drive into them in the dark, and are insisting that we should put bollards in front of them as well, which we're not keen on because the intention was to try and reduce clutter and have a more attractive 'road closure'. They are rejecting suggestions that we could use reflective paint on the stones e.g. https://glowtec.co.uk/reflective-paint/

I'm hoping if we can point to a precedent where something similar has been done it might help to convince them, but nothing springing to mind - does anyone know of such an intervention please?

Why so little opportunity in landscape architecture?

Chartered Members very welcome! Please consider joining one or more of the sessions to help support our candidates – perhaps a session where you have some specialist knowledge?

Workshop 1 - Professional Judgement, Ethics & Values
Date and time: Thu, 15 September 2022 18:30 – 20:30 BST
Venue: Leeds (TBC)

Workshop 2 - Organisation and Management
Date and time: Thu, 22 September 2022 18:30 – 20:30 BST
Venue: Zoom

Workshop 3 - Assessment & Analysis
Date and time: Thu, 13 October 2022, 18:30 – 20:30 BST
Venue: Zoom

Workshop 4 - Implementation
Date and time: Thu, 20 October 2022, 18:30 – 20:30 BST
Venue: Zoom

Tickets cost £10 per session (free for CMLI) and can be booked here: https://www.eventbrite.co.uk/o/landscape-institute-yorkshire-amp-humber-28549182089

We look forward to seeing you! #pathwaytochartership #landscapeinstitute

Having worked through the 1970s (when inflation rose to 27% per annum in 1976) I offer these thoughts and would welcome comments please. 

It is a time of inflation (forecast by many including the Bank of England to rise to 10% p.a. by the end of the year) and anyone putting fee bids should be aware of what is happening. go to the Office of National Statistics (ONS) for the national picture, for CPIH, CPI,  and RPI, The figures are published monthly so in mid April the March 2022 figures were published as follows:

• CPIH Consumer Price Index including owner occupier’s housing costs: 6.2% per annum
• CPI Consumer Price Index: 7.0% per annum
• RPI Retail Price Index: 9.0% per annum

Each of these indices is a basket of prices of consumer goods. Clearly of these indices currently the RPI is the most favourable, but because  RPI does not meet international statistical standards, since 2013 the Office for National Statistics no longer classifies it as a "national statistic", and instead emphasizes the Consumer Price Index. 

However, the LI Landscape Consultant’s Conditions of Appointment (2018) refers to the Average Earnings Index for both time fees (clause 4.4) and lump sum fees (clause 4.7) and states they shall be revised at 12 month intervals. It does not give  source for the Average Earnings Index, however, one assumes this may refer to the Office of National Statistics  figures for Average Weekly Earnings. This is published with a two month delay so in early May 2022 the latest figure was that for February 2022 with an inflation figure of 5.2% for the whole economy. Better than nothing but not as high as the CPI or RPI figures. Close to construction is the information in the RICS Building and Construction Information Service (BCIS) at a hefty subscription rate, larger practices may subscribe or one might be able to obtain figures from a QS. 

The other thing one can do is not to sign for long term fees agreements, i.e. just sign up for each stage of work using the LI 2018 Scope of Services, however, this has its downside in that your commissions will each be for a shorter term, and so such as option offers less long term security. Arguably it is better to sign up for longer term in term of financial security, but to inflation index any fixed fees.

Sources:

Office of National Statistics ref. https://www.ons.gov.uk/economy/inflationandpriceindices

Office of National Statistics Average Weekly Earnings: ref. https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours

RICS Building and Construction Information Service: https://www.rics.org/uk/products/data-products/bcis-construction/bcis-online/

Inflation forecasts: 

Bank of England https://www.bankofengland.co.uk/knowledgebank/will-inflation-in-the-uk-keep-rising  (5 May 2022)  

Office for Budget Responsibility  https://obr.uk/forecasts-in-depth/the-economy-forecast/inflation/ (March 2022 figures)

Don't forget that you can get a discount on these.

Also bear in mind that draft standards are very affordable, and in certain circumstances may be a good way to keep up to date with developments if you don't think you will need the final version. Or you may want to comment!

Profit in landscape architecture

In accountancy  ‘profit’ refers to the financial benefit that is achieved when the  work done and the expenses incurred by a business are exceeded by revenue generated by the  activities of the business. 

In short profit is Total revenue -Total expenditure

The  owners of a business are responsible for deciding what to do with profit, and may reinvest it in the business, pay off outstanding debt,  reward employees with bonuses and pay-rises, make payments to shareholders, and so on.

There are different types of profit that can be measured as:

• gross profit,
•  operating profit,
• net profit.

Profit may also be referred to as a profit margin which is the percentage of the gross revenue that represents profit.

The UK construction industry is notoriously susceptible to changes in economic outlook  and regularly goes through booms and busts as it is used to hold back or push forward the wider economy.. The 2015 UK Industry Performance Report (produced by Glenagan, a UK construction industry analyst consultancy) suggested that the profitability of the construction industry was around 3%, up from around 2% the previous year, but well below the peak of 9.9% in 2009. In 2019-20 Glenagan report profitability as 2.9%. Design consultancies generally achieve better profitability than this. Caroline Cole in her 2014 RIBA Journal article reported that architectural consultancies then achieved 20% profitability: “Across the country, practices average a healthy profit margin of just over 20%. However, this figure conceals some worrying variations in fortunes, especially at the larger end of the spectrum: almost 60% of the largest practices do not meet our benchmark for profitability, which is set at 15%; more than a third fail to muster even 10% profit.”

There is a lot more information available related to profit and landscape architecture practices in the USA. TRUIC advises that for landscape company practices “Profit should be priced in at at least 10% of cost (minimum), for both the design and the construction businesses. Some companies operate at a 15% margin, but this is rare, especially for a smaller company.”  TRUIC is short for The Really Useful Information Company self-described as “a team of entrepreneurs who are passionate about education”. A piece by the  Landscape Leadership website, run by the US sales and marketing agency, reports that “The average profitability for a landscape company is net 5 percent. But … that a well-run landscaping company should be between 10 and 12 percent. “Incidentally ASLA reports on the total value of landscape architecture services in the USA  as $2.7 billion Wonder what is the equivalent value in the UK.

Sources

Glenagan UK Construction Industry Report 2019-20 https://www.glenigan.com/wp-content/uploads/2021/12/Glenigan_2019-20_UK_Industry_Performance_Report.pdf ref. pp.7-8

Caroline Cole, ‘Success begins at home’ RIBA Journal article, 1.4.2014, https://www.ribaj.com/intelligence/success-begins-at-home

TRUIC https://howtostartanllc.com/business-ideas/landscape-architect

Landscape Leadership https://www.landscapeleadership.com/blog/how-to-identify-most-profitable-landscape-services

Jared Green, “Landscape Architecture Services in the US valued at $2.7 Billion” The Dirt 7 March 2018 https://dirt.asla.org/2018/03/07/landscape-architecture-services-in-the-u-s-added-2-7-billion-in-value/

Fill in the survey here > https://bit.ly/38M1dZ1

We've partnered with British Association of Landscape Industries, Historic England, Historic Environment Scotland, Locri Recruitment, Natural England, Cyfoeth Naturiol Cymru / Natural Resources Wales, NatureScot, and the Northern Ireland Department for Communities to bring together this major piece of research which will provide new insights into the economic structures and makeup of the landscape industry.

The more data we can collect the better, and we need your help. Whatever your role in the sector it matters - complete the survey today!

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Many thanks.

• I would like to know what issues are those seeking to manage large English landscapes going to have to take account of in the next 10 years or so; and
• I would like to secure a few examples of recent exemplary and/or innovative landscape-scale management plans (for any large area – not just National Park or AONB)

I am seeking thoughts from outside of the protected landscape family. Are you able to offer any insight or advice that might help me (and Natural England) with this project?

All help gratefully accepted and acknowledged.

Paul Tiplady FLI

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IFLA Europe have made us aware of a survey on bio-based fertilisers that was sent in by the European Landowners Organisation (ELO). It is a survey designed by the European Landowners Organization(ELO), DLV (United Experts), and Ghent University (UGent) whose objective is to  discover attitudes and willingness to pay for bio-based fertilisers. This information will enable the researchers to design strategies to promote the use of bio-based fertilisers while taking into account agricultural producers' opinions.

The survey lasts around 15 minutes and the information provided is strictly anonymous and will be used as part of academic research. It can be accessed here:

https://ghentagriecon.qualtrics.com/jfe/form/SV_0IXoWO00Siuz3kG?mc_cid=5127ad97a1&mc_eid=3b5439ac20

A Technician Member of the Landscape Institute (TMLI) is the new corporate grade of membership that provides a professional home to a broader range of individuals in the sector.
The Technician grade looks to bring equity to the profession. We want to future-proof landscape with the technical and specialist skills that are so integral to the work that we do. This means making sure these individuals have the right support and training tailored for their career.

If you're interested in this for yourself, or know of any technical specialists in need of a professional home who might be interested in joining this cohort, read more, submit your expression of interest, or join us at our next information session.

We've two new information sessions running next week for both employers and staff - sign up for more info 

24 January 2022
27 January 2022

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BUT.... you can watch them now! or whenever suits you best...

The LI Awards 2021 is now available on our YouTube channel so you can catch up on all the wonderful nominations and find out who our winners were! 

Please use the link below to watch them now!

To find out more please read the following briefing: The Environment Act.docx

If you have any queries please contact: policy@landscapeinstitute.org