0 week 2

LEM3020 Integrated consultancy

practice

Week 2

Jonathan Hazell

The rules of engagement . . .• Listen, don’t write anything down

• Argue the toss, constructively!

• These slides and maybe some notes are freely available on-line

• But, if you’re a compulsive scribbler, I’ve flagged the key messages

© Jonathan Hazell Week 2

Tell me and I'll forget; show me and I may remember;involve me and I'll understand.

© Jonathan Hazell Week 2 3

What is arboriculture?

• The practice of balancing the needs of trees with the needs of humans and the built environment.

• Chris Hastie

• 'The production, selection, planting, aftercare and management of trees in the urban environment so as to help maintain and retain a safe, viable and sustainable level of tree cover now and for generations to come'

• Paul Casey, Arboricultural Manager, Harrogate Borough Council


• The I.S.A. Glossary of Arboricultural Terms (2007) defines arboriculture as, "practice and study of the care of trees and other woody plants in the landscape".

• Nelda Matheny

• "Tree cultivation that is resilient and compatible with the needs and wishes of the community“ We ought to be in the position to create good conditions for trees to survive and as far as I'm concerned it helps if people like where they are, what they are and how they're managed.

• John Flannigan


• 'The Art and Science of Urban and Rural Tree Management for the purpose of Amenity'

• Ian Brewster, Arun DC

• The science and craft of the cultivation, establishment, care and maintenance of trees for the purpose of maximising their amenity value at an acceptable level of risk to person and property.

• Jerry Ross


• My favourite goes along the lines of:

• Forestry is the growing of trees over a period of time, at a cost which is recouped by the felling and sale of timber at the end of the period/rotation

• Arboriculture is the growing of trees to provide an aesthetic benefit during their rotation, ending up with an expense when they have to be removed

• Or – forestry = effort followed by reward; arboriculture = reward followed by effort.

• Rupert Baker


Knowledge and understanding

• Understand the role of the consultant as an individual and as part of a team

• Examine the forms of organisation for consultancy practice in the public, private and community sectors

• Understand the requirements of professionalism and ethics

• Understand the role of the Institute of Chartered Foresters in regulating consultants and consultancy practices


Subject - specific skills

• Evaluate the principal Acts of Parliament, Regulations and common law that will influce the delivery of arboricultural consultancy

• Examine the main areas of consultancy practice e.g. tree safety, tree health and condition, tree management, trees and the built form, tree valuation


Key skills

• Prepare a fee proposal and professional report for presentation to a client


Assessment structure

Assessment Items Units Weighting Learning Outcomes

• ES1- Essay - 2,500 words 2.5 50% e and f

• AS1- Proposal and report 2.5 50% g


Last week’s topics

• What is a consultant?

• How does this differ from being a contractor?

• How is consultancy organised?

• How is it regulated?

• The legal framework

• Criminal and civil law

• What services might the consultant offer?• Why?

• How?

• What are the limitations?• capital

• intellectual

• marketing

• price

• reputation


This week’s topics

• The consultant as a competent person

• Responding to the brief

• Agreeing heads of terms

• You will have read BS 5837:2012 to present me with a considered review – we’ll do the same at the end of the Module and compare


Next week

• Deliverables or outputs


The consultant as a competent person

• OK, so what do you mean by • a competent person?

• It all depends on context

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Competent person - EaWR

© Jonathan Hazell 16

• The following is R16 of the Electricity at Work Regulations 1981:• "No person shall be engaged in any work activity where technical knowledge

or experience is necessary to prevent danger or, where appropriate, injury, unless he possesses such knowledge or experience, or is under such degree of supervision as may be appropriate having regard to the nature of the work."

http://www.electricalqualifications.co.uk/competent.phpWeek 2

Competent person - EaWR


• The following is R16 of the Electricity at Work Regulations 1981:• "No person shall be engaged in any work activity where technical knowledge

or experience is necessary to prevent danger or, where appropriate, injury, unless he possesses such knowledge or experience, or is under such degree of supervision as may be appropriate having regard to the nature of the work."

• The statement from the EAWR is very broad and is often the most confusing aspect of the whole electrical industry. As of yet, there is no legal structure behind being competent in terms of qualifications and experience. It is fair to say though, a relevant qualification would be a distinct advantage in a court of law.


Competent person – building regs


• Competent persons schemes were introduced by the Government to allow individuals and enterprises to self-certify that their work complies with the Building Regulations as an alternative to submitting a building notice or using an approved inspector.

• It enables companies to register with a recognised organisation and speed up the process as well as monitor domestic work.


Competent person – building regs


• Competent persons schemes were introduced by the Government to allow individuals and enterprises to self-certify that their work complies with the Building Regulations as an alternative to submitting a building notice or using an approved inspector.

• It enables companies to register with a recognised organisation and speed up the process as well as monitor domestic work.

• Parallels here are the AA Directory or the ICF Directory of Consultants


Competent person - NEBOSH

• One with practical and theoretical knowledge, combined with experience, of a particular substance, article or procedure to enable them to identify weaknesses during examinations and to assess the significance of those weaknesses in relation to the strength or function of the work equipment or activity

• So, a three part definition:• practical and theoretical knowledge and experience, and

• able to identify weaknesses during examinations, and

• able to assess the significance of those weaknesses.


Competent person - BS 3998

3.3 arboriculturist

• person who, through relevant education, training and experience, has gained recognized expertise in the care of trees

© Jonathan Hazell 21Week 2


3.8 competent person

• person who has training and experience relevant to the matter being addressed and an understanding of the requirements of the particular task being approached

• NOTE A competent person is expected to understand the hazards pertinent to the task being carried out and the methods to be implemented to eliminate or reduce the risks that can arise. For example, when on site, a competent person is able to recognize at all times whether it is safe to proceed



3.3 arboriculturist

• person who has, through relevant education, training and experience, gained expertise in the field of trees in relation to construction



3.4 competent person

• person who has training and experience relevant to the matter being addressed and an understanding of the requirements of the particular task being approached

• NOTE A competent person is expected to be able to advise on the best means by which the recommendations of this British Standard may be implemented.


Competent person - NHBC

• The services of a specialist arboriculturalist may be helpful for the identification of the type and condition of trees that may affect building work. This includes trees both on and adjacent to the site.


Competent person - NHBC

TREES AND HEDGEROWS ADJACENT TO STRUCTURES

4.2 - D3 The design shall take account of trees and hedgerows and their growth

Items to be taken into account include:

(a) removal of existing trees and hedgerows

Dead trees and dead hedgerows should be removed. Unstable trees should be made stable but where this is not possible they should be felled. If in doubt, advice should be obtained from a Registered Arboriculturalist.


Competent person

• OK, so what do you mean by • a competent person?

• As it’s so context specific refer to the appropriate definition in your reports


Responding to the brief

© Jonathan Hazell http://i.dailymail.co.uk/i/pix/2013/03/12/article-2291866-18918E88000005DC-304_964x524.jpg

Week 2

Define, design, deliver

© Jonathan Hazell http://www.vanleasingquotes.com/van-images/Vauxhall/Astra/Large/Vauxhall-Astravan-Sportive-SE-Silver-Large.jpg

Week 2

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Agreeing heads of terms

Week 2

http://www.idesignarch.com/wp-content/uploads/Kansas-City-Public-Library-Missouri_3.jpg© Jonathan Hazell

Where to begin?

Week 2

Let’s start at the very beginning

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Week 2


Always edit

• Set out your Terms and Conditions for the instruction, not how you will respond to the brief, that’s for later

© Jonathan Hazell http://25thjdc.com/wp-content/uploads/2012/11/Scales-of-Justice2.jpg

Terms and conditions

Week 2

• Terms and Conditions set out the rights and obligations of the contracting parties when a contract is awarded or entered into


Terms and conditions

Week 2

• Terms and Conditions set out the rights and obligations of the contracting parties when a contract is awarded or entered into• general conditions are common to all types

of contracts


Week 2

• Terms and Conditions set out the rights and obligations of the contracting parties when a contract is awarded or entered into• general conditions are common to all types

of contracts

• special conditions are peculiar to a specific contract (such as payment conditions, price variation clauses, penalties).


Week 2

• There’s very little need to write your own as there are plenty of pro forma Ts and Cs out there


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Week 2http://upload.wikimedia.org/wikipedia/commons/0/0f/King's_Troop,_Royal_Horse_Artillery_riding_during_a_gun_salute_ceremony.jpg

• There’s very little need to write your own as there are plenty of pro forma Ts and Cs out there• in the canon of work produced by the AA

and other industry bodies


Week 2

• There’s very little need to write your own as there are plenty of pro forma Ts and Cs out there• in the canon of work produced by the AA

and other industry bodies

• in the canon of work produced by the legal profession


Week 2

Part 35 – Experts and assessors

• 35.1 Duty to restrict expert evidenceExpert evidence shall be restricted to that which is reasonably required to resolve the proceedings.


• 35.1 Duty to restrict expert evidenceExpert evidence shall be restricted to that which is reasonably required to resolve the proceedings.

• 35.3 Experts – overriding duty to the court(1) It is the duty of experts to help the court on matters within their expertise.

(2) This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.


Foreseeability

• The most critical questions to answer in making decisions on whether to inspect trees and whether remedial action is required are:

• Can a problem be foreseen? If so,• What is its likelihood of occurring?

• What is the likely consequence of its occurrence?

• Is it reasonable to protect against it?


Foreseeability


• whether to inspect trees and whether remedial action is required

Foreseeability

• Can a problem be foreseen? If so,• What is its likelihood of occurring?




© Jonathan Hazell Week 2 http://bpmforreal.files.wordpress.com/2013/07/crystal-ball.jpg

Foreseeability

• can a problem be foreseen?• What is its likelihood of occurring?



Foreseeability









Foreseeability

www.qtra.co.uk





Foreseeability

www.pegasuspg.co.uk

Criminal law

• rules of behaviour laid down by Parliament for the greater good

© Jonathan Hazell Week 1 59http://upload.wikimedia.org/wikipedia/commons/9/97/Palace_of_Westminster,_London_-_Feb_2007.jpg

Week 2

Civil law

• disputes between individuals, or individuals and companies


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