Policy Review - Public Art€¦ · KEY ISSUES • The City recognises the significant benefits to...

Ordinary Meeting of Council 15 June 2016

1.2 POLICY REVIEW - PUBLIC ART

Ward: (All Wards) (Marketing and Public Relations)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Stakeholder Relations)

KEY ISSUES

• The City recognises the significant benefits to the community through the provision of public art.

• There are currently two Council policies which address Public Art; local planning policy POL-LP-1.10 Provision of Public Art and Council policy POL-C-142 Public Art.

• The objective of local planning policy POL-LP-1.10 Provision of Public Art is to ensure that new development within the City makes a fair and reasonable contribution toward public artworks.

• The objective of Council policy POL-C-142 Public Art is to ensure the City acquires public art that adds to the visual amenity of the City and promotes cultural diversity.

• Following the review of these two policies by the City's art consultant and City officers, it is recommended that the operational detail contained in these two policies be incorporated into a single document, a Developers' Handbook for Public Art.

• It is also recommended that POL-LP-1.10 Provision of Public Art and POL-C-142 Public Art be revised to focus on Council's commitment in relation to the provision of public art.

The Governance Committee recommends that the Council:

1) Approve the advertising of revised local planning policy POL-LP-1.10 Provision of Public Art to Council under s.2.4.1 of Local Planning Scheme No. 17.

2) Adopt revised policy POL-C-142 Public Art.

3) Note the Developers' Handbook for Public Art.


BACKGROUND

The City of Swan recognises that there are significant benefits in the provision of Public Art that reflects the history of a specific locality and the community that lives within that area.

Public Art enhances a sense of identity through:

• the reflection of local culture and customs,

• referencing of local history,

• addition of local character or provision of a unique landmark,

• or creation of a contemporary artwork that reflects the values and aspirations of a modern City.

In order to ensure that new development celebrates and enhances local history and culture, promotes a sense of identity and reflects the values of an innovative forward-looking City, it is considered appropriate for significant development proposals to make a contribution to Public Art.

DETAILS

There are currently two Council policies which address Public Art; local planning policy POL-LP-1.10 Provision of Public Art and Council policy POL-C-142 Public Art.

The objective of local planning policy POL-LP-1.10 Provision of Public Art is to ensure that new development within the City makes a fair and reasonable contribution toward public artworks.

The objective of Council policy POL-C-142 Public Art is to ensure the City acquires public art that adds to the visual amenity of the City and promotes cultural diversity.

Following the review of these two policies by the City's art consultant and City officers, it is recommended that the operational detail contained in these two policies be incorporated into a single document, a Developers' Handbook for Public Art. The Developers' Handbook will also address feedback received from stakeholders concerning the confusion surrounding the operational content currently contained within policy POL-LP-1.10 Provision of Public Art.

Council policies should be statements of the principles that govern the activities of Council in its relationship with its stakeholders and have a strategic, external focus and align with the vision and strategic direction of the City. The revised Council policies reflect Council's commitment in relation to the provision of public art.

The Governance Committee recommends that Council approve the advertising of POL-LP-1.10 Provision of Public Art and the adoption of policy POL-C-142 Public Art. It is also recommended that Council note the Developers' Handbook for Public Art.


CONSULTATION

Local planning policy POL-LP-1.10 Provision of Public Art and Council policy POL-C-142 Public Art and the draft Developers' Handbook for Public Art were reviewed and developed in consultation with Statutory Planning, Marketing and Public Relations, and the City's consultant used for arts assessments and art programming, the Mundaring Arts Centre.

Local planning policy POL-LP-1.10 Provision of Public Art will require advertising under s.2.4.1 of Local Planning Scheme No. 17 and any public comment will be brought back to Council for consideration prior to the revised policy being adopted.

ATTACHMENTS

Policy Review - Public Art

STRATEGIC IMPLICATIONS

Strategic Community Plan 2012-2022

STATUTORY IMPLICATIONS

The relevant provisions for the drafting, advertising and endorsement of a local planning policy are outlined within Part 2 of Local Planning Scheme No. 17.

FINANCIAL IMPLICATIONS

Council may accept cash-in-lieu for the provision of public art, which is to be held in reserve and expended for the purpose and place for which it was taken.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:




MOTION that the Council resolve to:

1) Approve the advertising of revised local planning policy POL-LP-1.10 Provision of Public Art to Council under s.2.4.1 of Local Planning Scheme No. 17 subject to an amendment to the contribution percentage from 1% to 0.5%.



4) Record the reason for changing the staff recommendation is that the contribution is an excessive impost on business.

(Cr Henderson – Cr Johnson)

MOTION WAS PUT TO THE VOTE AND LOST (5/9)

For: Crs Henderson, Johnson, McNamara, Parasiliti and Trease

Against: Crs Bailey, Elliott, Färdig, Kovalevs, Lucas, McCullough, McDonnell, Wainwright and Williams


MOTION that the Council resolve to adopt the staff recommendation.

(Cr Färdig - Cr Elliott)

RESOLVED (11/3) TO:




For: Crs Bailey, Elliott, Färdig, Kovalevs, Lucas, McCullough, McDonnell, McNamara, Trease, Wainwright and Williams

Against: Cr Henderson, Johnson and Parasiliti

Policy Review - Public Art Council - 15 June 2016

TABLE OF CONTENTS

POL-C-142 Public Art - REVISED ............................................................................................................ 1-2 POL-C-142 Public Art - CURRENT .......................................................................................................... 3-5

POL-LP-1.10 Provision of Public Art - REVISED ..................................................................................... 6-7 POL-LP-1.10 Provision of Public Art - CURRENT ................................................................................. 8-17

Developers' Handbook for Public Art .............................................................................................. 18-26

of 2 Date Accessed - 03/03/2016

REVISED POLICY POL-C-142 Public Art

1 Objective Through standards of innovation and excellence the City of Swan (the City) will acquire high quality public artworks that add to the visual amenity, promote cultural diversity and celebrate Place.

The City will engage with the community in appropriate projects to empower its communities to create meaningful end results and outcomes.

Urban Art, Temporary and ephemeral artwork will also be considered.

2 Policy Statement The City supports public art by:

a) Developing and locating public artworks in areas of significance and meaning tothe community.

b) Ensuring public artworks are sensitive to their local environment andcommunities of interest.

c) Installing public artworks on sites selected specifically for their suitability withregard to the conception, development and installation of a work of art.

d) Where possible, supporting and promoting high calibre local artists.

e) Implementing a regular maintenance program in consultation with the artist toensure the public artworks retain their integrity and meet risk managementguidelines.

f) Building strong partnerships with the Federal Government, State Government,other Local Governments, and the City's Art sector to ensure that theopportunities for quality public art are maximised.

g) Funding public artwork through the City’s capital works program and operationalbudget processes.

h) Utilising developer cash-in-lieu contributions as per policy POL-LP-1.10Provision of Public Art to commission new artworks.

REVISED

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REVISED POLICY POL-C142 Public Art

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Governance References Statutory Compliance Clause 2.4 of Local Planning Scheme No.17.

Industry Compliance Nil.

Organisational Compliance

POL-LP-1.10 Provision of Public Art Developers Handbook for Public Art POL-M-144 – Public Art Collection Acquisitions, Commissions & Management

Decision Maker Council Process Links Nil

Policy Administration Business Unit Name Officer Title Contact: Marketing & Public Relations Manager, Marketing & Public Relations 9267 9267

Risk Complexity Classification 2 Review Frequency Biennial

Next Due 2018

Version Decision Reference Synopsis 1. OCM - 28/04/10 Adopted new policy

2. Executive 31/7/2014 Governance – 26/8/2014 OCM – 10/9/2014

Endorsed renewal of policy for 2 years Endorsed renewal of policy for 2 years Adopted policy for 2 years

3.

REVISED

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POLICY POL-C-142 Public Art

1 Objective

To ensure the City’s acquisition of public art adds to the visual amenity of the City and promotes the cultural diversity of the communities and places within the City of Swan.

2 Policy Statement

The City of Swan will use its public art to promote a sense of pride, identity and interest in public spaces within the City’s boundaries.

The City will aim to achieve high quality public artworks through standards of innovation and excellence, whilst developing a public art collection that is progressive, challenging and stimulating. The City will engage with the community in appropriate projects to empower its communities to create meaningful end results and outcomes.

The City of Swan will also support the development of high quality public spaces that are welcoming, attractive and stimulating, supported by a financially sustainable public art program that encourages partnerships between governments, the private sector and/or the community.

2.1 City of Swan Public Art Principles

The City is committed to the following policy principles in regard to public art. The City of Swan aims to:

a) develop and locate public artworks in areas of significance andmeaning to the City of Swan community;

b) ensure public artworks are sensitive to their local environment andcommunities of interest;

c) install public artworks on sites selected specifically for their suitabilitywith regard to the conception, development and installation of a workof art;

d) have an appropriate balance between financial costs of a public artprogram and the benefits to the community;

e) erect Memorials, where possible, on sites which bear a clearrelationship to the person, association or event beingcommemorated;

f) support the collaborative arrangements between artists and designprofessionals in the creation and commissioning of public artworks;

g) support and promote high calibre local artists, where possible;


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h) implement a regular maintenance program in consultation with theartist to ensure the public artworks retain their integrity and meet riskmanagement guidelines; and

i) build strong partnerships with the Federal Government, StateGovernment, other Local Governments, and the City of Swan artssector to ensure that the opportunities for quality public art aremaximised.

2.2 Funding Public Art

2.2.1 The City of Swan will, in consultation with the Arts & Culture Advisory Committee, use a range of sources of funding, including:

a) The City’s capital works program and operational budgets;

b) Utilising a “Percent for Art” development contributionapproach to development projects including public art;

c) Private sector contributions such as sponsorship, donationsand partnerships;

d) Public funding for projects and ‘in kind’ support from thecommunity;

e) State and Federal Government funding; and

f) Philanthropic organisations.

2.2.2 The Arts & Culture Advisory Committee will provide a leadership role in identifying opportunities and funding for public art in the City of Swan.


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Governance References Statutory Compliance N/A

Industry Compliance N/A


POL-C-143 – Development Contributions for Public Art (Percent for Art) POL-M-144 – Public Art Collection Acquisitions, Commissions & Management

Decision Maker Council Business Model Links TBC

Process Links N/A

Policy Administration Business Unit Name Officer Title Contact: Marketing & Public Relations Manager, Marketing & Public Relations 9267 9166 Risk Complexity Classification 2 Review Frequency Biennial

Next Due 2016 Version Decision Reference Synopsis

1. OCM - 28/04/10 Adopt new policy. 2. Executive - 31/07/2014 Endorsed renewal of policy for 2 years. 3. Governance - 26/08/2014 Endorsed renewal of policy for 2 years. 4. OCM - 10/09/2014 Adopted policy for 2 years.

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Date Accessed - 22/09/2014

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REVISED

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REVISED POLICY POL-LP-1.10 Provision of Public Art

1 Objective The City of Swan recognises there is significant benefit in the provision of Public Art that reflects the history of a specific locality and the community that lives within that area. Public Art enhances a sense of identity through the reflection of local culture and customs, referencing of local history, addition of local character or provision of a unique landmark, or creation of a contemporary artwork that reflects the values and aspirations of a modern City. This policy requires developers of prescribed development projects within the City of Swan with a construction cost of $2 million or more to contribute at least 1% towards public art. Contributions will be capped at $500,000 for any single development.

2 Legislative Framework This policy has been adopted as a Local Planning Policy under clause 2.4 of Local Planning Scheme 17.

3 Definitions ‘Construction Cost’ means the estimated cost of the equipment, financing, services and utilities required to carry out a development but does not include the cost of the acquisition of land, architectural, design or consultant’s fees. The City will generally accept the construction cost of development to be the same as the “approximate cost of proposed development” stated by the Applicant in the MRS Form 1. ‘Prescribed Development’ means any development which has a Construction Cost of at least $2 million, but does not include: • An application to develop a single dwelling or less than 10 grouped or multiple

dwellings; • Site works required for a development (including clearing or filling of land); • Infrastructure works (e.g. telecommunications towers, pumping stations); and • Additions or alterations to existing approved development that is considered

unlikely to increase the number of residents, customers or employees frequenting the subject site and or the surrounding area (e.g. renovation, demolition); andCity works carried out in accordance with POL-C-142 Public Art

4 Policy Statement The City of Swan supports the development of public art in the City in accordance with policy POL-C-142 Public Art and the Developers' Handbook for Public Art. Developers of projects are required to contribute towards the construction cost of public art, either through a public artwork created by a professional artist or through a cash-in-lieu contribution to the City’s Public Art Fund.

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REVISED

REVISED POLICY POL-LP-1.10 Provision of Public Art

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Works of art that meet the policy objectives include works that are: a) Designed and created by a professional artist; b) Permanent in nature, and constructed of robust materials which may be

maintained and repaired if necessary; c) Either freestanding or integrated into the exterior of a building or other structure; d) Reflective of the local history, culture and/or community of the place in which it

is to be situated; e) Located for public accessibility, either within the public realm or within view of

the public realm, such as a street, park, urban plaza or public building; and f) Unique functional objects (such as seats or gates), but may not include

architectural design, advertising or directional signage, mass produced ‘art objects’ or any form of commercial branding.

Consideration will be given to urban art, temporary or ephemeral artwork that will activate or energise a location for a period of time up to 12 months with the responsibility for removing the artwork remaining with the Applicant.

Governance References Statutory Compliance Clause 2.4 of Local Planning Scheme No. 17.



POL-C-142 Public Art Developers Handbook for Public Art


Policy Administration Business Unit Name Officer Title Contact: Statutory Planning Manager, Statutory Planning 9267 9267

Risk Complexity Classification Review Frequency Biennial


1. OCM - 27/07/2011 Ordinary Council Meeting adoption.

2. Executive - 31/07/2014 Governance - 26/08/2014 OCM - 10/09/2014

Endorsed renewal of policy for 2 years. Endorsed renewal of policy for 2 years. Adopted policy for 2 years.

3.

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POLICY POL-LP-1.10 Provision of Public Art

1 Objective This policy aims to ensure that new development within the City of Swan makes a fair and reasonable contribution toward public artworks that promote and recognise the identity of the local community and the history and local culture of the place area.

2 Legislative Framework This policy has been adopted as a Local Planning Policy under clause 2.4 of Local Planning Scheme 17.

3 Definitions ‘Construction Cost’ means the estimated cost of the equipment, financing, services and utilities required to carry out a development but does not include the cost of the acquisition of land, architectural, design or consultant’s fees. The City will generally accept the construction cost of development to be the same as the “approximate cost of proposed development” stated by the Applicant in the MRS Form 1.

‘Place Areas’ means the precincts within the district of the City of Swan that are shown in Appendix I.

‘Prescribed Development’ means any development which has a Construction Cost of at least $1 million, but does not include:

• An application to develop a single dwelling or less than 10 grouped or multipledwellings;

• Site works required for a development (including clearing or filling of land);

• Infrastructure works (e.g. Telecommunications towers, Pumping Stations); and

• Additions or alterations to existing approved development that is consideredunlikely to increase the number of residents, customers or employeesfrequenting the subject site and or the surrounding area (e.g. renovation,demolition).

‘Public Art‟ means an artistic work that: i) Is permanent in nature, and constructed of materials which may be maintained

and repaired if necessary, including metal, wood, plastic, paint or any other durable material;

ii) Is either freestanding or integrated into the exterior of a building or otherstructure;

iii) Reflects the local history, culture and/or community of the Place Area in which itis to be located;

iv) Is created and located for public accessibility, either within the public realm orwithin view of the public realm, such as a street, park, urban plaza or publicbuilding; and

v) May take the form of unique functional objects designed by an artist (such asseats or gates), but may not include architectural design, advertising ordirectional signage or any form of commercial branding.


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4 Policy Statement The City of Swan recognises there is significant benefit in the provision of Public Art that reflects the history of a Public Area and the community that exists within that area. Public Art may enhance a place‟s sense of identity through the reflection of local culture and customs, referencing of local history, addition of local character or provision of a unique landmark. It may also work to enhance the attractiveness and cultural significance of a Place Area and encourage further investment in the local economy. Whilst the City encourages development and rejuvenation within Place Areas, there is a risk that such development may alter the character of an area and result in the diminution or loss of local history and culture. In order to ensure that new development celebrates and enhances local history and culture and promotes a sense of identity within the Place Area, it is considered appropriate for significant development proposals to make a contribution to Public Art within a Place Area. This contribution is to be made based on the following policy provisions and the attached ‘Guidelines for Contribution to Public Art’ (Appendix II). 4.1 Contribution to Public Art by Prescribed Development When an application for approval of a Prescribed Development is made, any approval will be subject to a condition which requires the development to provide, or contribute to, Public Art to a value of at least 1% of the Construction Cost of the development, together with other ancillary requirements (see clause 4.2). 4.2 Approval Process 4.2.1 The proponent of a Prescribed Development may elect to meet their Public Art

contribution by:

i. Establishing an appropriate piece of Public Art „on-site‟ as a component of their development to the value specified within the development condition; or

ii. Providing cash-in-lieu to the amount specified within the development condition.

4.2.2 If the proponent intends to establish an appropriate piece of Public Art „on-site‟

as a component of their development, the development application should include:

i. The approximate size and scale of the proposed artwork; ii. The location „on-site‟ that the artwork will be established; and iii. An explanation of the manner in which the proposed Public Art will meet

the various elements of the definition of Public Art. 4.2.3 If an Application for a Prescribed Development includes a proposal for on-site

Public Art which is acceptable to the City and which is of at least the value required by clause 4.1, the City will apply:

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i. a condition requiring the Public Art to be installed by a stipulated timeprior to the use commencing, and for the Public Art thereafter to bemaintained; and

ii. a condition requiring that a Notification pursuant to section 70A of theTransfer of Land Act be lodged against the certificate of title to the landon which the development is to be carried out, to make the proprietorsand prospective purchasers aware of the preceding condition.

4.2.4 Where an application for a Prescribed Development does not include a proposal for Public Art, the City will apply a condition in the following terms to an approval of the development:

“In order to comply with the City of Swan Provision of Public Art Policy POL-LP-1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days of the grant of this approval elect either:

(a) To pay to the City the sum of [insert contribution $ amount] which equates to 1% of the Construction Cost of the development, in lieu of providing on-site Public Art (option 1); or

(b) Seek approval from the City for an artist to provide Public Art on the development site to a minimum value of [insert contribution $ amount] (option 2).

If the election is option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or when an application is made for a building licence for the development the subject of the approval.

If the election is option 2:

(a) the owner(s) or applicant on behalf of the owner(s) within a further 28 days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work including the artist proposed to undertake that work. The City may apply further conditions regarding the proposed Public Art;

(b) no part of the development may be occupied or used unless the Public Art has been installed in accordance with an approval granted by the City;

(c) the Public Art approved must be maintained during the continuation of the development; and

(d) prior to the grant of a building licence a Notification pursuant to section 70A of the Transfer of Land Act must be lodged against the certificate of title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.”


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POLICY POL-LP-1.10 Provision of Public Art 4.3 Cash-in-Lieu of Public Art Contribution 4.3.1 Cash-in-lieu contributions for the provision of public art collected by the City of

Swan are to be used for the establishment of public art on public land, including any reserve or Crown land.

4.3.2 Any cash-in-lieu contribution for the provision of public art must be utilised for

the establishment of Public Art within the same place area as development which made the cash-in-lieu contribution.

4.3.3 Cash-in-lieu contributions for the provision of public art collected by the City of

Swan are to be utilised for eligible costs only (Section 3 of Appendix II), and are not to be used for any ongoing maintenance of existing public art.

4.3.4 Cash-in-lieu funds must be utilised by the City of Swan within 2 years of the

date on which they were received, or such longer period as agreed by the person who made the contribution. In the event the funds are not spent within the stipulated period, the contribution shall be returned to the person who made it.

Governance References Statutory Compliance Clause 2.4 of Local Planning Scheme No 17.


Organisational Compliance Nil


Policy Administration Business Unit Name Officer Title Contact: Statutory Planning Manager, Statutory Planning 9267 9225

Risk Complexity Classification Review Frequency Biennial


1. OCM Ordinary Council Meeting adoption – 27 July 2011 2. Executive - 31/07/2014 Endorsed renewal of policy for 2 years. 3. Governance - 26/08/2014 Endorsed renewal of policy for 2 years. 4. OCM - 10/09/2014 Adopted policy for 2 years.

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APPENDIX I – PLACE AREAS


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APPENDIX II – Guidelines for the Provision of Public Art

1. PurposeThese guidelines are provided to assist applicants in fulfilling a requirement to incorporate public art as a component of their approved development.

2. Parameters for the Provision of Public ArtAny artwork proposed by an applicant to fulfil a development condition must comply with the following parameters:

2.1 Theme of Public Art

2.1.1 The public artwork must in some way reflect the unique characteristics of the place area in which the development is to take place. This reflection may relate to the history of the place area, the local community that exist within the area or the unique culture expressed by this community.

2.1.2 The artwork must not be considered by Council to be obscene or offensive in any manner.

2.1.3 he artwork must not include any promotional or advertising material either for the proposed development or any other business, product or development.

2.1.4 The artwork may take the form of functional objects, such as seats, gates, bike racks, etc. provided that these objects are unique and are designed for the development by an artist.

2.2 Suitability of Public Art

2.2.1 The artwork proposed must be considered by Council to be safe and not have the potential to cause injury or hazard to any person or animal.

2.2.2 The artwork proposed must be designed and sited to avoid encouraging criminal activity on the subject site (e.g. the artwork should not be used for assistance in entering the subject site or concealing any person).

2.3 Material Used

2.3.1 The artwork must be constructed of materials that may be maintained by the owner if necessary, including metal, wood, plastic, paint or any other durable material.

2.4 Selection of ‘on site’ location

2.4.1 The artwork must be located on the exterior of the proposed development, either as a free standing piece or as an attachment to a building or other structure.


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2.4.2 The artwork must be located in an area that is within public view, both from within the subject property and external to the property (e.g. from the street or adjacent development).

3. Eligible Costs

For the purpose of demonstrating that the artwork provided will meet the monetary value specified within the development condition, the costs associated with the production of an art project may include: i. The professional artist’s budget, including artist fees, documentation,

material, assistant’s labour costs, insurance, permits, taxes, business and legal expenses, operating costs and art consultants fees if these are necessary and reasonable;

ii. The fabrication and installation of artwork;

iii. Site preparation;

iv. Structures enabling the artist to display the artwork;

v. Documentation of the artwork;

vi. An acknowledgement plaque identifying the artist, artwork and development; and

vii. Legal and administrative costs associated with placing a notification on title pursuant to section 70A of the Transfer of Land Act.

4. Clearance Process

If an applicant elects to provide public art rather than paying the cash-in-lieu contribution the following procedure will be followed:

i. Upon receiving notification of the development approval the applicant is

to consult with the City of Swan’s Community Development team to ascertain the type of public art that may be deemed appropriate;

ii. The applicant is to engage a suitable artist to draft design documentation for the proposed artwork, including an outline of commission, design, fabrication and implementation of the artwork. The artist and applicant are also to draft a suitable maintenance schedule for the life of the artwork.

iii. All of the documentation outlined in b) is to be submitted to the City of Swan’s Public Art Co-ordinator for consideration and approval prior to the applicant appointing the selected artist and within 28 days after electing to provide public art in accordance with the conditions of development approval (or such longer period as agreed by the City of Swan). The proposal for public art will be considered by the City and the applicant will be notified of its approval or refusal no later than 30 days from the date of submission (or such other period as agreed by the applicant). If modifications are recommended the City will liaise with the applicant prior to making any final decision on the application.

iv. If a proposal for public art is refused by the City the applicant may seek

a review of the decision by Council. Such a review will be in the form of

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a Council Agenda item and will require a minimum period of 28 days for consideration.

v. Prior to the first occupation of the development the applicant is to installthe public artwork and thereafter maintain the artwork in compliance withthe approval granted by the City of Swan.

5. Maintenance, Replacement and Decommissioning

5.1 Maintenance of Public Artwork on private property

The City of Swan encourages public artworks that are low maintenance, robust, durable and resistant to vandalism.

The landowner or occupier of a property is to maintain the public artwork on the subject lot in compliance with the conditions of approval for the public art proposal.

5.2 Recording

All public artworks commissioned as a result of the „Provision of Public Art‟ policy will be registered in the City’s Public Art Inventory once they are completed.

5.3 Decommissioning of Public Artwork

The proponent (or the City where the public art is situated on any public reserve) may decide to remove an artwork because it is in an advanced state of disrepair or damage, because the artwork is no longer considered suitable for the location or for other reasons. In such cases the City of Swan will prepare a documented archival record of the artwork prior to its removal.

The proponent (or the City where the public art is situated on any public reserve) must make a reasonable attempt to contact the artist at least 28 days ahead of any relocation, sale, alteration or removal of an artwork.

6. Artists Rights

6.1 Definition of Artist

Only professional artists will be eligible to carry out public art commissions. As the term “artist‟ is self-referencing, for the purposes of this policy a professional visual artist can be defined as a person who meets a minimum of two of the following criteria:

i. A person who has a Bachelors Degree or Diploma in visual arts or anysimilar field;

ii. A person who has a track record of exhibiting their own original artworkat reputable art galleries that sell the work of professional artists;

iii. A person who has had their own original artwork purchased by majorpublic collections, including (but not limited to) the Art Gallery ofWestern Australia, any of the university collections or Artbank;


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iv. A person who earns more than 50% of their income from arts relatedactivities, such as teaching, selling artwork or undertaking public artcommissions. Sometimes it will be appropriate to be more flexible andseek people other than professional artists to carry out artworkcommissions. This may apply in instances when young, emerging andindigenous artists or students may be considered appropriate.

6.2 Artist Contract

The proponent will be required to forward copies of the artist’s contract, maintenance schedule and artist contact details to the City at the commencement of the project.

6.3 Moral Rights

Since 2000 moral rights legislation has protected artists. In brief, an artist’s moral rights are infringed if:

i. Their work is not attributed or credited;

ii. Their work is falsely attributed to someone else; or

iii. Their work is treated in a derogatory way by distorting, modifying orremoving it without their knowledge or consent. In practical terms thismeans that all artworks should have the artist’s name on or attached it,that the Authority cannot change an artwork in any way without seekingthe artist’s permission; likewise, cannot remove or re-locate the artworkwithout seeking the artist’s permission. It may be that an artist hasmoved and the Authority cannot find them, but evidence that areasonable attempt to find the artist must be provided.

Both the City of Swan and landowners will take special care to ensure that acts of restoration or preservation (of artworks) will be conducted in a sensitive manner with prior consultation with the artists.

Where practical any preservation or restorative works will be carried out by professional conservators or professional visual artists.

Special care will also be taken with the moral rights associated with works created by more than one artist, in that it is acknowledged that collaborators on artistic creations can take different views on issues such as relocation and restoration.

6.4 Acknowledgement of Artwork

In line with moral rights legislation, the proponent will install a plaque or plate near each artwork, acknowledging the name of the artist, and the name of the person, agency or company who funded the artwork.

6.5 Copyright of Artwork

Once an artwork has been completed and accepted by the City, copyright will be held jointly by the City and the artist. In practical terms this means that the City has the right to reproduce extracts from the design documentation and


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photographic images of the artwork for non-commercial purposes, such as annual reports, information brochures about the City and information brochures about the artwork.

The artist will have the right to reproduce extracts from the design documentation or photographic images of the artwork in books or other publications associated with the artist or artwork.

6.6 Fees to Artists

A fee may be paid to artists invited to submit a Request for Proposal (RFP) and this may be credited to the value of the Public Art required under the Policy. The amount will be at the discretion of the proponent and in proportion to the overall artwork budget.


CURRENT

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Developers' Handbook for Public Art

24 March 2016

Prepared for the City of Swan by the Mundaring Arts Centre

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TABLE OF CONTENTS Introduction ...................................................................................................................... 1

Vision ............................................................................................................................... 1

Guiding Principles ............................................................................................................ 1

Scope and Approvals ....................................................................................................... 2

Artwork Proposals ............................................................................................................ 3

Clearance Process .......................................................................................................... 4

Working with Artists ......................................................................................................... 5

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Introduction Successful urban design contributes to productive business and engaged communities. The City of Swan believes that art in the public realm plays an important part in that overall picture and contributes to a sense of identity and wellbeing by reflecting Swan’s unique characteristics, history and future aspirations. Under local planning policy (POL-LP-1.10 Provision of Public Art), 1% of any development that has a construction cost of at least $2 million is eligible for a Percent for Art contribution. Contributions are capped at $500,000 for large-scale developments. Following approval of a development application, the funds can either be paid as a cash-in-lieu contribution or the Developer can submit their own artwork proposal using this handbook as a guide. The City of Swan is geographically the largest local government in the metropolitan area. The City of Swan’s local area planning approach includes twelve functional place areas identified as being distinct communities of interest within the City. These have been organised into five major Place Areas, each with individual geographic, historic, demographic and economic characteristics. Each functional place area has a Local Area Plan that identifies the locality, its geography and history and addresses social, economic and cultural needs. The Local Area Plans are available on the City's website and form a useful reference tool for the development of public art proposals. Vision One City: Diverse Places The City of Swan is a place for all people, having access to local and central services and employment that meets changing community needs and growth, whilst being affordable, innovative and celebrating and protecting our rich history, heritage and culture. Guiding Principles The Public Art Program creates a visible arts presence throughout the City. Policy POL-LP-1.10 Provision of Public Art (the Policy) provides a framework for the management, funding, acquisition and collection of Public Art. The intent of the Policy is to achieve the following key objectives: • Enhance a sense of place and identity through the reflection of local culture, history

and geography and the provision of unique landmarks;

• Expand interpretation of cultural, environmental and built heritage;

• Reflect the aspirations of an innovative, forward-looking city;

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• Improve legibility by assisting in making streets, open spaces and buildings more identifiable;

• Develop the visual amenity by use of public art to screen unattractive views and improve the appearance of places; and

• Support and promote high calibre local artists where possible. Scope and Approvals There are three key stages where Developer contributions to public art are addressed. 1. Development Application

The Developer can nominate to contribute a cash-in-lieu contribution to the City’s public art fund for an artwork to be created in the Place area. The funds will be utilised within a reasonable timeframe. If the Developer chooses to provide public art, this should be identified on the development application. Where a development is to be undertaken in stages over a number of years, the Developer will include a public art component in the first stage of the development and outline a plan for subsequent art commissions to be constructed and installed in conjunction with the overall building program.

2. Building License Application

If the Developer has nominated that they prefer to make a cash-in-lieu contribution to the City’s public art fund, they will be invoiced for the full amount. If the Developer chooses to provide public art, the application should include an outline of the process the Developer will undertake to commission the work. There is then a period of up to 90 days for the Developer to present the full artwork proposal.

3. Prior to Occupancy

If the public art is provided by the developer, it must be completed and installed prior to the first occupation of the new development and notification of completion must be submitted to the City. In some cases, the City may accept a suitable agreement prepared at the applicant’s expense, binding the proponent to complete the works within a specified time frame. Works of art that meet the policy objectives include works that are: a) Designed and created by a professional artist. b) Permanent in nature, and constructed of robust materials which may be

maintained and repaired if necessary.

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c) Either freestanding or integrated into the exterior of a building or other structure.

d) Reflective of the local history, culture and/or community of the Place in which

it is to be situated. e) Located for public accessibility, either within the public realm or within view of

the public realm, such as a street, park, urban plaza or public building. f) Unique functional objects (such as seats or gates), but may not include

architectural design, advertising or directional signage, mass produced ‘art objects’ or any form of commercial branding.

Consideration will be given to urban art, temporary or ephemeral artwork that will activate or energise a location for a period of time up to 12 months, with the responsibility for removing the artwork remaining with the Applicant. Proposals that will be considered ineligible are ones that are considered by Council to be obscene or offensive or include any promotional or advertising material.

Artwork Proposals The full artwork proposal should include: 1. The methodology used to commission the artwork – i.e. public competition, curated

shortlist, direct engagement etc. and a copy of the artwork brief. 2. The name and current CV of the artist who is deemed to be a professional visual

artist. 3. Design and construction drawings including concept, materials, finishes and

method of installation, size and location/s of the proposed artwork. 4. The project budget – this can include all costs associated with commissioning the

artwork including advertising, artist fees, fabrication and installation costs, art consultant fees, structural works and site preparation, engineering drawings, insurances, documentation, business and legal expenses;.

5. The timeline including key commencement and completion dates. 6. A description of the way in which the artwork meets the Purpose of the Policy. 7. A maintenance plan. At any stage during the development of the artwork proposal, the Developer can contact the City to seek advice and guidance if required.

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Clearance Process 1. Applicant

If the applicant elects to provide public art, the following procedure will be followed:

• Applicant familiarises themselves with the City's policy POL-LP-1.10 Provision of Public Art and this Handbook.

• Advises City Planning staff of their intention to provide public art.

• Provides an artwork proposal to City Planning staff for assessment and approval, addressing the required elements. The costs associated with the assessment of the artwork proposal will be at the cost of the applicant and will be invoiced by the City.

• On approval of proposal: a) Applicant enters into a contract with the chosen artist/s. b) Applicant or agent oversees fabrication, delivery and installation of art work. c) Public Art is completely installed prior to first occupation of development. d) Provides City with a project receipt for the full amount of the contribution. e) Provides City with photo documentation of completed project. f) Building owner maintains the artwork.

2. City

The City will consider the proposal and the Applicant will be notified of its approval or refusal no later than 30 days from the date of submission. The City will invoice the applicant the cost of the artwork assessment:

3. Applicant and City

On requirement for changes to Artwork Proposal: a) Meets with City to discuss further. b) Makes agreed changes. c) Re-submits proposal.

Should the revised proposal be rejected, Applicant may either: a) Apply in writing to the City for a reversal of decision. b) Pay the City the full Percent for Art contribution as a Cash-In-Lieu contribution.

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Working with Artists 1. Who is an Artist?

As the term ‘artist’ is self-referencing, for the purposes of this policy a professional visual artist can be defined as a person who meets a minimum of two of the following criteria: • Has a Bachelor Degree or Diploma in visual arts or any similar field.

• Has a track record of exhibiting their own original artwork at reputable art

galleries that sell the work of professional artists.

• Has had their own original artwork purchased by major public collections, including (but not limited to) the Art Gallery of Western Australia, a university collection or Artbank.

• Is a person who earns more than 50% of their income from arts related activities, such as teaching, selling artwork or undertaking public art commissions.

Sometimes it will be appropriate to be more flexible and seek people other than professional artists to carry out artwork commissions. This may apply in instances when young, emerging and indigenous artists or students may be considered appropriate.

2. Commission Process

1. A commissioner may choose to appoint an art consultant to coordinate the process.

2. A decision as to whether to offer a commission for public or limited

competition or go to direct engagement is made. 3. The art consultant (or the commissioner) prepares an artwork brief. 4. In the case of open or limited competition, a number of artists are typically

invited to prepare a design concept, and are each paid a concept design fee (usually between $1,000 and $3,000 depending on scope of commission).

5. An artist is selected to carry out the commission. 6. The commissioner submits the artwork brief and design proposal together

with an outline of the process to the City of Swan for approval. 7. Following written notification of approval, contracts are exchanged. 8. A design development process is undertaken at which point all aspects of

the design are considered and engineering drawings are completed if required.

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9. The work is fabricated and installed, checked for flaws, documented and signed off.

10. A final report is sent to the City of Swan, a compliance check is made, and

the project is put on the City’s Public Art Developer Register.

NB – the Arts Law Centre of Australia offers template contracts for the commissioning of a public art work for a small fee

3. Copyright and Moral Rights

Once the artwork has been completed and accepted by the commissioner, copyright is generally held jointly between the commissioner and the artist. This enables both parties to reproduce extracts from the design documentation and images of the work for non-commercial purposes such as reports, marketing, books, promotional material or other publications associated with the artist or the commissioner.

Since 2000, Moral Rights legislation has protected artists. In brief an artist’s moral rights are infringed if:

• their work is not attributed or credited,

• their work is falsely attributed to someone else, or

• their work is treated in a derogatory way by distorting, modifying or removing it without their knowledge or consent.

In practical terms this means that all artworks should have the artists name on or attached to it, that the Authority cannot change, remove or relocate an artwork in any way without seeking the artist’s permission. It can be difficult to locate an artist for these purposes, but evidence of a reasonable attempt to find the artist must be provided.

4. Maintenance, Replacement and Decommissioning

• The landowner is required to maintain the public artwork in compliance with the conditions of approval for the public art proposal.

• All public artworks will be registered in the City’s Public Art Developer Register.

• The landowner (or the City where the work is located on City property) may

decide that an artwork should be removed because it is in an advanced state of disrepair, damaged or because the artwork is considered no longer suitable for the location. In that case, the City will prepare a record of the decision to be lodged on the City’s Public Art Developer Register and advise the landowner to attempt to contact the artist at least 28 days ahead of any relocation, sale, alteration or removal.

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5. How to find an Artist and a Coordinator

The City of Swan supports the engagement of local artists where possible and appropriate. The Mundaring Arts Centre – www.mundaringartscentre.com.au 9295 3991 and Artsource – www.artsource.net.au on 9335 8366 both have comprehensive databases of artists or a website holding images of Perth artists – www.artperth.com is also a useful contact. The Mundaring Arts Centre and Artsource both offer services as Public Art Coordinators and there are also numerous private art coordinators operating in Western Australia.

Further Assistance For any enquiries, please contact the City of Swan on (08) 9267 9267 or email [email protected]

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http://www.mundaringartscentre.com.au/

http://www.artsource.net.au/

http://www.artperth.com/

mailto:[email protected]

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