Percentage for Art: Mechanism and process.

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A decision made (03/12/2007) regarding: Percentage for Art: Mechanism and process.

Decision Ref:	MD–PE–2007-0273
Subject:	Percentage for Art: Mechanism and process
Decision Summary Title :	DS - Percentage for Art: Mechanism and process
DS Author:	Kevin Pilley, Assistant Director, Policy and Projects
DS Date:	29 Nov 2007	DS Status:	Public
Written Report Title :	WR - Percentage for Art: Mechanism and process
WR Author:	Kevin Pilley, Assistant Director, Policy and Projects
WR Date	08 Nov 2007	WR Status:	Public/ Exempt
Oral Rapporteur:	Kevin Pilley, Assistant Director, Policy and Projects
Decision(s):	The Minister for Planning and Environment endorsed the proposal to secure specialist professional advice to help facilitate the delivery of public art thought the Percentage for Art mechanism; endorsed the role and specification of the Public Art Advisor (v6), as set out in the specification for such at appendix 1; endorsed the proposal to engage such advice on a retained consultancy basis; endorsed the proposal to fund the provision of such advice through the ‘top-slicing’ of 10% of any Percentage for Art contribution, through the means of a planning obligation agreement; stipulated that he wished to determine the appointment of the Public Art Advisor; endorsed the proposed amendment to PAN 3, Percentage for Art: December 2006, as set out at appendix 2, to reflect the changes to the process of securing public art and of the changed submission requirements; agreed to give consideration to the most appropriate means of providing further supplementary planning guidance relating to the requirement for and the use of pooled funds that might be derived from Percentage for Art contributions.
Reason(s) for Decision:	specialist professional advice is required to help facilitate the delivery of public art thought the Percentage for Art mechanism, which is not presently available within the States of Jersey; the role and specification of the Public Art Advisor would help facilitate the delivery of public art through the PfA mechanism; this mechanism of engagement provides the most efficient and effective use of resources to secure this objective; a funding mechanism is required to resource this proposal in the absence of any other available resources; the Minister has a close interest in securing the best advice; to promote clarity; to promote clarity and transparency.
Resource Implications:	Financial implications related to the engagement of a Public Art Advisor are to be met from Percentage for Art contributions, and others will be sourced from the Planning and Environment revenue budget.
Action required:	seek to engage a Public Art Advisor on the basis of that agreed, in terms of process and job specification; publish revised supplementary planning guidance Percentage for Art (October 2007).
Signature:
Position:	Assistant Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Percentage for Art: Mechanism and process.

		Item No:
		Date:

PLANNING AND ENVIRONMENT

Percentage for Art

Mechanism and process

Purpose of the Report

The purpose of this report is to enable the Minister for Planning and Environment to consider the following matters in order that the Percentage for Art policy can be appropriately operated and managed, and public art outcomes achieved:

requirement for professional public art advice;
the role of a Public Art Advisor and the specification of such a role to enable it to be successfully fulfilled;
the process of engagement of a Public Art Advisor;
the funding of a Public Art Advisor;
the issue of further supplementary planning guidance about:
- revisions to the process for realising public art through the Percentage for Art mechanism;
- revised submission requirements in association with the Percentage for Art mechanism;
- the requirement for and the use of pooled funds

Background

Policy BE12 of the Island Plan 2002 enables the Minister for Planning and Environment to negotiate voluntary allocations in support of the provision of public art as part of development proposals. The publication of supplementary policy guidance in December 2006 provided further information about how and when the Minister would seek to negotiate public art contributions.

As a result of discussions between the Minister for Planning and Environment and the Assistant Minister for Education, Sport and Culture, and their departments, further issues have arisen about how public art outcomes can be facilitated: this report seeks to outline potential mechanisms and processes to make this happen.

Discussion

There are a number of issues to consider which are addressed below:

Public art advice

As was identified at the outset, the delivery of public art through the planning process is usually supported by the provision of specific and dedicated advice: many local authorities in the UK employ specialist Public Art Officers, usually with planning departments, to undertake this role. Whilst the provision of a dedicated post to carry out this role within either the Planning and Environment or Education, Sport and Culture Departments is not presently realistic, it is considered that some form of specialist resource and advice does need to be secured to facilitate the delivery of public art as there does not exist the necessary experience, knowledge, skills or capacity within either department to enable this at present.

Role and specification for Public Art Advisor

The role of the Public Art Advisor (PAA) would be to help realise the provision of public art through the planning process. The specific accountabilities, knowledge and experience required is set out in the attached specification (appendix 1).

Engagement process

It is proposed that the Advisor be engaged on a 'retained consultancy' basis and is paid as and when their services are employed in each scheme (this is similar to the arrangement currently being established for archaeological advice).

To secure the right type of advice - that meets the criteria set out in the job specification - it is proposed that expressions of interest be sought for the provision of this service from public art consultants. It is considered necessary that this be expedited to engage professional support as soon as possible.

Funding

Neither the P&E or ESC Departments have a post for a PAA or a dedicated revenue budget to fund any such post. In such circumstances, it is considered that the funding of the professional fees associated with the engagement of a PAA should be secured by 'top-slicing' Percentage for Art contributions.

This means that every PfA scheme - even if the public art is integral to a building - will require a financial contribution that will have to be secured by a Planning Obligation Agreement. A level of contribution for this will need to be defined as a guide - about 10% of the Percentage for Art contribution is considered to be a reasonable fee level.

Further supplementary planning guidance

Amendment of existing guidance

The proposed engagement of professional public art advice and the proposed funding of this from Percentage for Art contributions represent a change to the process of securing public art through the PfA mechanism.

It is also considered appropriate that – in light of recent experience and guidance on public art and the planning system in England1 - the submission requirements for Percentage for Art schemes be enhanced and clarified in the current supplementary planning guidance (PAN 3, Percentage for Art: December 2006), to assist the development industry.

Accordingly, some minor revisions to the current guidance are proposed, as set out in the attached version (appendix 2).

New guidance/ statement

As has been advised previously, it is considered appropriate and necessary that where there is a Ministerial expectation or intention that PfA contributions will be encouraged in support of specific public art proposals/ objectives and where they will be pooled – for example, where financial contributions are being sought from the developers of St Helier Waterfront sites in support of the proposed National Gallery - that further supplementary guidance be issued to this effect. This is considered to be important to promote clarity and transparency in relation to specific public art objectives and the intended use of funds.

Legal implications

The Island Plan policy BE12 provides the policy context for the Minister to negotiate contributions for public art which is facilitated by Articles 6 (Minister may publish guidelines) and Article 25 (Planning obligations) of the Planning and Building (Jersey) Law 2002.

Consultation

Given that the principles contained within the supplementary planning guidance have already been the subject of consultation and that the level of contribution being sought is not subject to change – rather, the process of delivering the outcome is being enhanced – it is not considered necessary that further consultation is undertaken in relation to the proposed amendments to the supplementary planning guidance or the need for, process, funding and engagement of the PAA.

The need for consultation of the issuing of guidance for the use of pooled funds, however, requires consideration relative to the wider process of progressing the proposal to establish a National Gallery.

Recommendations

On the basis of the above and the attached it is recommended that the Minister for Planning and Environment;

endorses the proposal to secure specialist professional advice to help facilitate the delivery of public art thought the Percentage for Art mechanism;
endorses the role and specification of the Public Art Advisor, as set out in the specification for such at appendix 1;
endorses the proposal to engage such advice on a retained consultancy basis;
endorses the proposal to fund the provision of such advice through the ‘top-slicing’ of 10% of any Percentage for Art contribution, through the means of a planning obligation agreement;
endorses the proposed amendment to PAN 3, Percentage for Art: December 2006, as set out at appendix 2, to reflect the changes to the process of securing public art and of the changed submission requirements;
gives consideration to the most appropriate means of providing further supplementary planning guidance relating to the requirement for and the use of pooled funds, derived from Percentage for Art contributions, in association with the development of the St Helier Waterfront and the proposal for a National Gallery.

Reason(s) for Decision

specialist professional advice is required to help facilitate the delivery of public art thought the Percentage for Art mechanism, which is not presently available within the States of Jersey;
the role and specification of the Public Art Advisor would help facilitate the delivery of public art through the PfA mechanism;
this mechanism of engagement provides the most efficient and effective use of resources to secure this objective;
a funding mechanism is required to resource this proposal in the absence of any other available resources;
to promote clarity;
to promote clarity and transparency.

Action Required

engage a Public Art Advisor on the basis of that agreed, in terms of process and job specification;
publish revised supplementary planning guidance Percentage for Art

Written by:

Kevin Pilley

Assistant Director: Policy and Projects

Attachments:

Appendix 1: Public Art Advisor: job specification (v6)

Appendix 2: Planning Advice Note 3: Percentage for Art (October 2007)

8/39/3

08 November 2007

1 ixia (July 2007) Public Art and the Planning System and Process in England: guidance on a supplementary planning document for public art (www.ixia-info.com)