Clare Brockhurst FLI, Director of Leyton Place Landscape Planning, discusses the lack of landscape professionals presenting at an inquiry.
Why do so few members of the profession jump at the opportunity to present evidence at an Inquiry?
- Fear?
- Disruption of work and home life?
- Stress?
- Lack of self-belief?
We all have our own reasons, for me there was never a doubt that I wanted to appear as an expert witness and that I would enjoy it. Primarily because I worked alongside talented and experienced people, across a variety of technical disciplines (soils, agricultural, ecology and of course landscape) who demonstrated knowledge, confidence, and technical expertise in their subject area. Those qualities inspired me and provided a template to build upon in order to enter the planning inquiry ‘arena.’
My colleagues encouraged me to work alongside them, and attend the inquiries and observe the practical, emotional, and personal issues that can be unique to the inquiry format. A hands on learning experience was invaluable to my personal life and professional career.
I cannot lie, the mental processing of data and information; drafting evidence, meeting precise and unmoveable deadlines are challenging and stressful, particularly with other project and homelife demands. Attending an inquiry will take you away from home and your family for a period of time, requiring understanding from others and potentially complex logistics.
However, the life of an expert witness can be hugely rewarding and positive, providing an incredible environment to learn and share knowledge and information.
With an increase in the number of appeals involving landscape and visual matters, there is a growing demand for our skills and services.
But what if you don’t have the same direct learning opportunities how can you understand what the role of an expert witness involves?
The Landscape Institute’s Expert Witness Masterclass on the 30th June is aimed at those who want to learn or develop their skills.
You will hear from a leading King’s Counsel (KC) as to how he sees the role and the relationship of witness and counsel to present the most robust and credible case at an inquiry.
Similarly you will hear from an Inspector regarding what the decision maker needs from your evidence.
Professional advice from experienced witnesses will address the approach and importance of technical quality, timely delivery, and the importance of preparation for those new to the process.
For those working for the council, where resources may be comparatively challenging, we will be hearing from an in-house landscape officer to offer reassurance and tips to manage the pressures of multiple priorities.
Will this masterclass stop you from feeling stressed and fearful about giving evidence? No, we all experience a variety of emotional responses to our professional role, but this CPD event will offer information and direct you to resources, to enable you to anticipate what issues may arise; how to embrace the pressure; celebrate your knowledge and talents and turn these into a positive experience.
I wonder if one of the reasons is that as we are an inherently creative profession, our focus is more on seeing how things fit together. This can be the opposite of how things may work at an inquiry, which can be divisive, confrontational, and if you are to win your case, holding your (well-argued) position. If an inherently creative and empathic person was an expert witness at an inquiry, would there be a risk that they’d also see things from the point of view of the other side – normally a very useful skill – but potentially working against defending your side?
Excellent point John
Thank you John for your thoughts. That could very well be one reason why, among others some don’t choose to follow this route. The role of a landscape architect spans such a range of disciplines there are bound to be people who prefer not to enter that environment. It seems also though others relish the opportunity to put forward a case. At the Masterclass today (30/06) it was fascinating to hear from our experts that it can be unnerving, but a well-prepared person can deliver a good argument. They explained too why it is important to remain unbiased and to do your research.
I’d urge anyone going into or thinking about becoming an Expert Witness to watch the Masterclass on LI Campus in about 4 weeks’ time if they missed it today.
It could be the start of something they thought they were not well equipped for before.
If anyone would like to discuss this further, please contact Tracy Whitfield, Technical & Research Manager at the Landscape Institute, at technical@landscapeinstitute.org.
I have met a number of excellent landscape expert witnesses in my time as a local government landscape officer. They have exemplary verbal and written skills and always put forward a strong case on behalf of the client and the landscape. They do well when questioned by barristers. There is no doubt that in-house expertise and resources (ability to prioritise effectively) enable landscape practices to focus on appeals and public enquiries with generally positive outcomes.
In general local authorities are under-resourced in landscape architecture staff and time. This means current work priorities are delayed when planning appeals and hearings are programmed in to the current workload. The landscape officers generally do a great job at appeal (whether the developer wins or loses), but their workload increases along with the pressure from planners and developers.
However, novice landscape architects should be aware of their role as landscape advocates under the planning system. In this regard I suggest training for appeals and public enquiries should commence earlier in the education of landscape architects/planners. How to write a proof of evidence and conduct yourself effectively at appeal could be part of Part 4 training that means a chartered landscape architect is ready for appeals and public enquiries.
However, local authority resources must be improved to effectively support landscape officers during the appeal process.
Thank you Tim for taking the time to share your knowledge, it is very encouraging to hear you have had positive experiences.
The LI has noted also that Local Authorities are under pressure and that resourcing is an issue. We are looking at measures together with our education team on how we might bridge gaps and improve opportunities to learn in this area. The Masterclass is a start for our members and the profession which we hope to build on. Supporting Local Authorities and landscape officers is also on our agenda for development.
If anyone would like to discuss this further, please contact Tracy Whitfield, Technical & Research Manager at the Landscape Institute, at technical@landscapeinstitute.org.