Planners freed from public art constraints

New guidance relating to planning legislation suggests that property developers can now be required to pay for public art in future projects as a condition of obtaining planning permission. A new legal opinion by barrister Ian Dove QC is the first major analysis in this area for more than 20 years. His interpretation of recent changes in planning legislation means that, whereas previously local authorities could encourage the provision of public art via the planning system but not require it, they now have the powers to make this mandatory rather than optional. He advises that “both permanent and temporary public artworks located on and off development sites are capable of amounting to a material consideration in the planning system”. Further, if a planning authority embeds the details of the provision of public art within Local Development Frameworks, supplementary planning documents and specific design briefs, then a failure by developers to provide it may be given as a reason for refusing planning permission. However, Dove is sceptical about the value of simplistic funding calculations such as ‘percent for art’, whereby a sum relating to the cost of the development is allocated to the commissioning of public art, criticising them as failing to “fairly and reasonably relate to the impact of a specific development”. Commenting on the new Community Infrastructure Levy, which formalises how developers may be expected to make a contribution to roads and amenities as part of their planning permission commitments, he said, “At this stage it is not possible to say that the Levy will include in its provisions the opportunity for funds to be generated for public art, but that may yet emerge.” Dove’s opinion was commissioned by public art think-tank ixia in partnership with legal practice DLA Piper. Responding to his findings, Jonathan Banks, Chief Executive of ixia, said, “It is now critical that artists, commissioners, developers and councils understand how to effectively embed the details of public art provision within planning documents and development proposals to achieve meaningful results. In these difficult economic times we must make the most of the opportunities provided by Ian’s advice.”
To read the legal opinion in full, visit w: http://www.no5.com