The Planning System and Process

Public Art, the Community Infrastructure Levy (CIL) and Planning Obligations, Published 5th October 2011

ixia has published a Note which explains our current thinking on the relationship between public art, CIL and planning obligations. Specifically, this Note includes:

  • information about CIL;
  • advice regarding the development and implementation of public art projects as part of community infrastructure projects funded via CIL;
  • advice regarding the development and implementation of public art projects as part of specific development projects funded via planning obligations.

To download ixia’s Note, please click here.

Over the coming months, ixia will issue further Notes on the subject. For example, ixia is currently considering the funding of public art projects as standalone items under CIL and the use of planning conditions to secure public art projects within the context of CIL.

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National Planning Policy Framework (NPPF)

September 2011: ixia has prepared a response to the Government’s consultation on the draft NPPF. The draft NPPF does not make any reference to the role of cultural activities, including public art, in supporting sustainable development.

To ensure that public art continues to be supported via the planning system, it is critical that public art is properly represented within national planning policies. Therefore, ixia urges you to respond to the Government’s consultation, using our response to inform your comments. The government’s deadline for responses is 17th October 2011.

For further information and to read ixia’s response, please click here.

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February 2011: ixia prepared a note in response to the Department of Communities and Local Government’s (DCLG) invitation to organisations and individuals to offer suggestions on the priorities and policies which should be included within the NPPF. DCLG’s overall aim for the NPPF is to provide a shorter, more decentralised and less bureaucratic approach to the articulation and implementation of national planning policy statements, circulars and guidance documents.

ixia’s response requests that the NPPF makes reference to public art, either independently or as part of a definition of culture, cultural infrastructure and cultural activities. Click here to download ixia’s response document.

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Community Infrastructure Levy (CIL)

Click here to view ixia’s response to DCLG’s July 2009 consultation document, Community Infrastructure Levy: Detailed proposals and draft regulations for the introduction of the Community Infrastructure Levy.

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Over the last ten years the planning system has been, and continues to be, reformed to support the delivery of the Government’s Sustainable Communities agenda – the social, economic and environmental development of places. Over the same period, public art has become seen as a key ingredient in the success of development and regeneration initiatives. Therefore, ixia, in partnership with international legal practice DLA Piper LLP, has sought the advice of Ian Dove QC at No5 Chambers on the relationship between public art and the planning system. The last time this was done was in 1988 by Robert Carnwath QC. For more information, click here.

The Planning Bill, introduced in 2007, has now been enacted as the Planning Act 2008 and the Community Infrastructure Levy (CIL) has become a reality. ixia will issue further information regarding CIL, the arts and public art once the Government releases detailed guidance about the Levy later this year. For ixia’s current views on CIL, please refer to our April 2008 and September 2008 updates. The issues described here are still relevant.

In July 2007, ixia published a review of policy, guidance and practice regarding public art and the planning system and process in England. The findings of the review provide guidance on the preparation of a supplementary planning document for public art. Ian Dove QC’s Advice supports the recommendations in this guidance. Free copies of ixia’s review can be downloaded here.

During 2007-2009, ixia held a number of training Seminars to deliver the findings of its ongoing review. Following the success of these Seminars, and in response to the demands of attendees, ixia is reviewing the ways in which we can deliver training and provide sustained and long-term support to individuals within the public art sector. Further information about these training opportunities will be available shortly – keep checking the Training section of the website and sign up to our e-mail updates to be the first to know!

Please note: our Planning Research is ongoing, and ixia welcomes your comments and feedback by email.