Agenda of Public Art Panel Meeting

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§ Just because the person is a member of, or is employed by, the Council.

§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§ It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.

§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under Division 2A of Part 6 of that Act.

(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1

Staff Reports - Corporate and Community Services

Report No. 4.1 Bayshore Drive Roundabout Public Art Project

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/1162

Theme: Society and Culture

Community Development

Summary:

The Bayshore Drive Roundabout Public Art Project is a key deliverable in the newly adopted Public Art Strategy. Following a call for expression of interest for interested artists, the first round of shortlisting was completed by the sub-committee members of the Public Art Panel. The full Public Art Panel are requested to select the artist who will be commissioned for the project.

RECOMMENDATION:

That the Public Art Panel recommend to Council that _______ is appointed from the shortlisted artists and be granted to commission for the Bayshore Drive Roundabout Public Art Project.

Attachments:

1 Expression of Interest - Public Art for Bayshore Drive roundabout, E2018/39447 , page 6⇩

Report

The Bayshore Drive Roundabout Public Art Project is a key deliverable in the newly adopted Public Art Strategy.

A brief was developed with input from the Panel members and is attached. A PAP sub-committee was selected to work with staff to progress the commissioning of a public artwork – Lisa Hochhauser, Matthew Baird and Julie Lipsett (Denise Napier alternate for Julie), noting that Crs Ndiaye, Hackett and Richardson would also be involved where possible.

The Bayshore Drive roundabout is at a major intersection of Ewingsdale Rd and Bayshore Drive, Bayshore Drive being the main entrance to the Byron Arts and Industrial Estate, and access to Sunrise Beach residential area. Council has received grant funding to deliver the new roundabout by 31 January 2019.

It is Council’s preference that the public art project is completed and installed prior to any official opening or launch of the new roundabout.

Expressions of Interest were called via advertising from 14 June, with submissions closing 13July. An onsite information session was held on Tuesday 26 June with two artists attending.

The sub-committee of the Panel has met to undertake the first round of shortlisting. The shortlisted artists were requested to provide further information about their concept designs as per the requirements in the brief for Stage 2, copied below.

The final design proposal is to include:

· A written statement of concept philosophy and description of concept proposal

· Drawings, sketches, elevations and/or a model to convey the concept and scale of the proposed design

· Site plan showing proposed location of work(s)

· Final project budget indicating design development and installation costs

· Preferred materials and fabrication methods

· Indicative detail of footings and fixings to footings

· Outline of public safety, risk management and maintenance considerations for the life of the project – provide a risk assessment

· Fabrication and installation timeline.

The Public Art Panel are requested to view the shortlisted artists’ stage 2 information (which due to timeframes will be circulated to panel members separately) and select a final artist for the project. Shortlisted artists may attend the PAP meeting.

Financial Implications

This project is being funded from Section 94 developer contributions. The total available budget is $60,000, however $5,000 has been set aside to pay for concept design development and as a small contingency. The total available amount for artists to deliver the project is $55,000.

There is no cost to the public art budget.

Statutory and Policy Compliance Implications

Public Art Policy

Draft Public Art Strategy

Public Art Guidelines and Criteria

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1 - Attachment 1

#E2018/39447

EXPRESSIONS OF INTEREST CALLED

PUBLIC ART COMMISSIONING BRIEF –

BAYSHORE DRIVE ROUNDABOUT

Project Summary
Commission	Bayshore Drive Roundabout Public Art Project
Location	Bayshore Drive – Ewingsdale Rd Roundabout
Audience	Residents, workers and visitors to Byron Bay
Artwork budget	Total budget including installation is $55,000
Applications/ EOIs close	29^th June 2018
Installed by	30 November 2018

Introduction

Byron Shire Council is calling for proposals from individuals or consortiums of artists interested in the commission of a significant and permanent public artwork for the new Bayshore Drive Roundabout Public Art Project.

Proposals must meet the assessment criteria outlined in this brief. The Public Art Panel will oversee the artistic process as governed by the Public Art Guidelines and Criteria, the Public Art Strategy and the Council’s Public Art Policy.

Council is seeking submissions for public art that meet the public art objectives and consider the physical location in the artistic expression. The relevant guiding principles and policy statement are provided here for clarity.

Guiding principles

The following guiding principles are from the Byron Shire Public Art Policy:

1. Distinctive Spaces - Create and commission innovative, public art that reflects the values of the Shire’s communities.

2. Diverse Art Forms - encourage new, innovative art forms and styles.

3. Local Skilling and Employment - provide opportunities for local artists and community members to develop their professional skills.

4. Partnerships - develop and maintain collaborative partnerships with those involved in public art projects.

5. Local Culture- Public Art will reflect the local cultural diversity, identities, issues, values and sites of significant cultural and natural heritage.

6. Sponsorship - encourage private and commercial sector contributions to public art and effective mechanisms for partnerships.

Council recognizes that high quality public art has the ability to enhance public places and spaces. It can also add immeasurably to a community’s sense of place, contribute to civic identity, address community needs, and activate public spaces.

As outlined in the Public Art Policy, Public art acquisitions will be:

a. Integral to social and cultural development as outlined in the Byron Shire Community Strategic Plan.

b. Developed and managed by appropriate procedures and processes (refer to Public Art Guidelines and Criteria)

c. Created considering standards of excellence, in a professional manner

d. Adequately planned with relevant stakeholders throughout the project duration

e. Meaningful, aesthetically stimulating and site specific

f. Aimed to provide a cultural outcome (see Cultural Outcomes below)

g. Supportive of local creative industries.

Project Background

Ewingsdale Rd is the northern entrance to Byron Bay from the Pacific Motorway where most traffic enters Byron Bay including workers travelling to work in Byron Bay who live in other surrounding towns, and 90% of Byron Shire’s 2 million annual visitors.

Council has received $2.6M from the Australian Government to deliver the Bayshore Drive Roundabout by 31 January 2019.

A set of maps are also attached to the brief and show the proposed landscaping and location of the new roundabout. The landscape plans nominate a Pandanus tree in the centre of the roundabout, however, landscape elements are negotiable dependent on the location of the proposed artwork.

Key ideas and Purpose of the commission

The location lends itself to a high profile artwork that should provide for a distinct and unique feature travelling into Byron Bay.

The purpose of the commission is to provide a ‘statement’ that people are entering Byron Bay. In time, this may not be the only public artwork along the Ewingsdale Rd corridor and the ‘gateway’ to Byron Bay may be further out towards the Pacific Motorway.

A piece that is innovative is sought and artists may consider incorporating elements of light considering the thriving night-time economy in Byron Bay.

The artwork location will need to consider existing services such as electricity and landscaping as well as road user safety.

Themes

· Be innovative, original work with high artistic merit

· Be reflective and responsive to local culture, including the local Aboriginal context, if relevant

· Add life, texture and interest to the site as the major arterial road into Byron Bay

· The work has the potential to include single or multiple elements

· The use of innovative materials including environmentally sustainable and eco-friendly material is encouraged

· When considering the site, the roundabout at the southbound exit of the Pacific Motorway includes ‘standing stones’ or tors made of basalt, a common element found in the local landscape.

Practical Considerations

· Form a permanent installation that will be a feature of the Ewingsdale Rd corridor and provide a gateway feature or element into Byron Bay

· Durable, robust, and of quality, low-maintenance materials

· Be easily cleaned

· Be treated with anti-graffiti coating, if applicable

· Comply with all relevant Australian Standards and Building Codes and Regulations

· Consider traffic sightlines and safety of this busy road corridor

· Consider long term maintenance requirements and relevant maintenance costs

· Be a lasting addition to the public art assets of the Shire.

Budget

Shortlisted artist/s selected to develop concepts will be paid $1000 excluding GST for the development and preparation of concept design proposals.

The total budget for this commission is $55,000 and must consider/ include design development, artists fees, travel and other artist costs, public liability insurance, consultation (where appropriate), engineering reports, drawings, footings, rust and termite control, coatings, materials, fabrication, delivery of work, equipment hire, transportation, traffic management, installation, connection to services if applicable, etc.

If the artwork is installed prior to the opening of the new Bayshore Drive Roundabout, traffic management and other costs will not need to be born by the public art project. Please discuss with the Council contact.

It should be noted that the total available budget is the only allocation available towards the fabrication and realisation of the project. No contingency is provided.

Payment method will be negotiated with the selected artist(s) to ensure progress payments are made to cover start-up and development costs. An agreed balance will be paid on completion and installation of the final artwork.

Timeline

Expressions of Interest open – Stage 1	14 June 2018, closing 4pm Friday 13^th July.
Site information session	2pm Tuesday 26^th June
Concept proposal approval (shortlist)	By 20 July
Design development by shortlisted artists – Stage 2	Due 1 August
Artist selected by Public Art Panel	3 August meeting, endorsed by Council 20 Sept.
Construction/ fabrication	September/ October
Installation	By 30 November 2018

Information Session

Council will hold an information session for potential applicants on site, which will provide an opportunity for questions and answers and to explore this proposal (and the supporting documentation) in further detail. Additional background information will also be provided.

The session will be held on site at the roundabout location at 2pm Tuesday 26^th June 2018.

Please RSVP by Friday 22^nd June to Joanne McMurtry, Community Project Officer, phone 6626 7316 or via email joanne.mcmurtry@byron.nsw.gov.au

Application and approvals process

Application requirements are listed below and documents should be submitted together:

1. Artist/ artistic team CV(s) and contact details

2. Artistic statement (no more than 500 words) and visual representation of proposed artwork

3. Project Plan including materials, methodology and schedule for design, delivery and installation of the artwork

4. Budget considering costs listed above under ‘budget’

5. List and credentials of any additional consultants to work on the project (eg engineer)

6. Insurance details

7. Previous work examples (up to 10 images of previously completed projects)

8. Names and contact details of two referees.

Each project will be evaluated based on the assessment criteria (see below). Late applications will not be accepted. Any applications that do not address the full selection criteria will be ineligible.

If requested, artists are to be available to speak to their proposal with the Public Art Panel members (to be confirmed) at the Public Art Panel meeting to be held on 3rd August 2018.

The closing date is 4pm Friday 13^th July 2018.

Council’s Public Art Panel, will assess the applications against the criteria and make a recommendation to Council in awarding the commission. Projects cannot commence until Council approves the project (ie by Council resolution). The successful applicant will be notified in writing that their project has been approved.

· Once the project has been approved and applicant notified in writing, work can commence.

· A Commission Agreement contract will be negotiated, including project milestones and payments schedule.

· An acquittal and debriefing report will be required to receive the final instalment of funds.

Enquiries should be directed to Joanne McMurtry, Community Project Officer on 6626 7316 or via email joanne.mcmurtry@byron.nsw.gov.au.

Supporting Documentation

The following documentation is provided to assist in the development of proposals:

1. Byron Shire Public Art Guidelines and Criteria including relevant appendices such as the Concept Design Agreement and Agreement for the Commissioning of an Artist.

2. Draft Public Art Strategy

3. Byron Bay Town Centre Masterplan Activation Guidelines

Artists seeking further information relevant to this commission may like to review the Byron Bay Town Centre Masterplan.

Assessment Criteria

Applications will be assessed using the Public Art Guidelines and Criteria and Council’s Public Art Policy.

Concept design proposal (Stage 1) – assessment criteria:

1. Satisfies the principles, key ideas, thematic direction and purpose of the commission and best meets the requirements outlined in the project brief / shows an understanding of the brief;

2. The artwork is:

a. Artistic and aesthetic concept design / demonstrates artistic excellence;

b. locally and culturally appropriate;

c. Requires low level maintenance (based on maintenance requirements);

3. Consideration of public safety, risk management and maintenance for anticipated life of the work

4. Meets relevant building and safety standards;

5. Meets the requirements of the project budget;

6. The project timeline can be met; and

Mandatory requirements include:

· The artist must hold appropriate insurances, including public liability insurance to the value of $20 million

· The total budget for the project must consider all costs including installation of the artwork to final completion as outlined under the heading ‘budget’

· The project can be completed within the timeframe specified

Any proposals that do not meet the mandatory requirements will not progress to further stages of assessment. Incomplete applications will not be considered.

Shortlisted artists (Stage 2):

Shortlisted artists will receive a fee of $1000 to develop their concept design further and will be required to sign a Concept Design Agreement (refer Appendices to the Public Art Guidelines and Criteria).

The artist(s) will be required to present their proposals at a date and time to be advised to the Public Art Panel, probably the Public Art Panel meeting on 3^rd August.

The final design proposal is to include:

· A written statement of concept philosophy and description of concept proposal

· Drawings, sketches, elevations and/or a model to convey the concept and scale of the proposed design

· Site plan showing proposed location of work(s)

· Final project budget indicating design development and installation costs

· Preferred materials and fabrication methods

· Indicative detail of footings and fixings to footings

· Outline of public safety, risk management and maintenance considerations for the life of the project – provide a risk assessment.

· Fabrication and installation timeline.

Byron Shire Council – Supporting Local Public Art

Byron Shire Council supports the development of the arts and creative industries as demonstrated in the Byron Shire Cultural Plan (2008 – 2013), the Arts and Creative Industries Strategy for the Byron Shire (2009 – 2012), the Public Art Policy and the Public Art Strategy.

Council has developed Public Art Guidelines and Criteria which forms the basis of commissioning of any artwork by Council is undertaken using the Public Art Guidelines and Criteria. All of the documents mentioned above are available on Council’s website.

Council established the Public Art Panel (PAP) in order to advise council on public art trends and issues, assist council in meeting the objectives of the Public Art Policy, take a proactive approach to public art in the Shire, and assess public art proposals. The process of commissioning this artwork will require some liaison with the PAP as outlined in the Public Art Guidelines and Criteria (specifically section 6).

The process will include:

1. Interested artists submit an expression of interest (EOI)/ Proposal, including images of their previous work, a concept design for the project and proposals for the installation of the work.

2. The EOI of the shortlisted artists will be assessed by the Public Art Panel (PAP). This may require the artist to be present to talk to their EOI (to be confirmed).

3. The PAP will select a preferred concept design and make a recommendation to Council.

4. Once Council has endorsed the preferred artwork, the successful artist will be offered a contract agreement which will outline the specific terms and conditions of the project between the stakeholders. (A sample contract is available in the Public Art Guidelines and Criteria Appendix 5)

5. The artist will undertake the commission.

Considerations

Planning Time – advance planning is needed for public art projects. Any permits or approvals need to be identified in the planning phase of the project to ensure sufficient lead time to obtain approvals.

Materials and Safety – Artwork outside in the public domain must be designed and constructed to withstand considerable wear and tear. Ideally artwork is located in a highly visible place but protected from vandalism and does not pose any safety risks to the general public. Byron Shire Council takes no responsibility for any acts of vandalism perpetrated against the artwork.

Installing the artwork – The artist is responsible for the installation of the artwork, including materials and labour. Some in-kind support may be negotiated from Byron Shire Council.

Maintaining the artwork – donated or commissioned artwork maintenance is managed by Council. Projects should, as much as possible, discourage graffiti and vandalism. The Application Form requests details for a maintenance schedule. If at any time the artwork becomes unsightly or poses a safety hazard, Council may have it removed. An attempt will always be made to contact the artist for maintenance or vandalism rectification advice.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2

Report No. 4.2 Railway Square Public Art project in collaboration with Plummer and Smith

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/1163

Theme: Society and Culture

Community Development

Summary:

This report outlines the proposed approach for public art in the Railway Square precinct, including commissioning public art (Sculpture Work) via expression of interest. The Public Art Panel are requested to shortlist up to four artists to move to stage 2 of the commissioning process.

RECOMMENDATION:

That the Public Art Panel select up to four artists to move to stage 2 of the commission and develop their concepts further for the Railway Square (Sculpture Work) public art.

Attachments:

1 Artist brief - Railway Park Upgrade, E2018/54712 , page 23 ⇩

Report

In 2018-19 Council is upgrading Railway Park – activating the site as identified in the Byron Bay Town Centre Masterplan. The Masterplan identifies Railway Park as a ‘catalyst site’ – its connection to the centre of town, the Railway Station, the bus stop on Jonson Street, the Visitor Centre and the Community Centre means that the park is a valued public space for the local community and a prominent space within the town centre for visitors.

Public Art elements will be incorporated into the upgrade to express the town’s culture and stories.

Plummer and Smith have been engaged by Council to develop and manage the landscape planning and upgrade of the new Railway Square precinct. The budget allocation for the public art in the new Railway Square is included in the budget for the whole renewal project funded from capital works.

Dan Plummer and Belinda Smith attended the extraordinary meeting of the Public Art Panel on 15 May and outlined the approach for inclusion of public art in the newly renovated precinct, a summary of which is provided below.

Railway Square Public Art

The proposed approach is to incorporate three distinct elements to the precinct. The PAP received a presentation on the three elements at the 15 May meeting, outlined below. Elements one and two are being undertaken by Plummer and Smith in direct consultation with Arakwal and Byron Bay Town Centre leadership group. The PAP is assisting with the commissioning of a major sculptural work for the square.

1. Interpretive/cultural artworks – Ground plane integration

Collaboration/consultation with a group of Arakwal artists to develop a series of ground plane patterns that can be sandblasted and inlaid into the plaza area that reflect the Arakwal community and their stories.

· Direct Commission – integrated with Landscape works (plaza paving)

· Artist co-ordinator + Arakwal artists to create patterns that reflect Arakwal culture and are suitable to be sand blasted into concrete paving.

· Budget $20,000 All fees inclusive

2. Shelter elements – functional elements that incorporate colour

A functional design outcome that provides shade for small groups of people at the edge of the central circle element around the cottonwood tree. Influenced by the vibrant colours of beach umbrellas and the community these elements could be woven from sturdy materials that have an extended lifespan. They would provide a focal point of colour within the park.

· Collaboration / Design and Construct

· Direct Commission

· Artist to collaborate with landscape architect to develop a shade element to be located in association with the Cottonwood and central circle element. Once the design is approved by the Client and design team the artist would manage the fabrication of up to 4 elements.

· Budget $30,000 All fees inclusive

3. Sculptural Work - Expression of Interest

· Public EOI to commission a sculptural public artwork for Railway Square

· Shortlist to 2-3 people, 1 to proceed to design development

· Assessed by the Public Art Panel and Plummer & Smith

· Artist would need to have the capacity to manage fabrication of the artwork and proven experience in Public art

· Proposed location – Jonson St plaza entry

· Budget $80,000 All fees and fabrication inclusive

A brief for the Expressions of Interest project was developed with input from Panel members by email, a copy is at attachment 1. Expressions of interest were called via advertising from 2 July, including Artshub and via Arts Northern Rivers and social media, with submissions closing on 30 July. A media release was also distributed.

Plummer and Smith will attend the Public Art Panel meeting on 3 August, having undertaken a preliminary shortlist of artists. The Panel will be asked to shortlist the artists for further concept development. Artists will develop their concepts further and submit to Council in September for final artist selection.

Due to timeframes, the submissions will be circulated to panel members separately.

The assessment criteria developed by Plummer and Smith with input from the PAP for this selection is copied below from the brief.

Stage 1 – assessment criteria

1. Satisfies the principles, key ideas, thematic direction and purpose of the commission and best meets the requirements outlined in the project brief / shows an understanding of the brief;

2. The artwork is: a. Artistic and aesthetic concept design / demonstrates artistic excellence; b. locally and culturally appropriate; c. Requires low level maintenance (based on maintenance requirements);

3. Consideration of public safety, risk management and maintenance for anticipated life of the work

4. Meets relevant building and safety standards;

5. Meets the requirements of the project budget;

6. The project timeline can be met; and

Mandatory requirements include:

· The artist must hold appropriate insurances, including public liability insurance to the value of $20 million

· The total budget for the project must consider all costs including installation of the artwork to final completion as outlined under the heading ‘budget’

· The project can be completed within the timeframe specified

Any proposals that do not meet the mandatory requirements will not progress to further stages of assessment. Incomplete applications will not be considered.

The final artist selection will be made by Plummer and Smith in collaboration with Council staff.

Financial Implications

The budget allocation for the public art in the new Railway Square is included in the budget for the whole renewal project funded from capital works.

The total amount proposed for public art throughout the precinct is $130,000, with $80,000 allocated via an expressions of interest process.

There is no cost to the public art budget.

Statutory and Policy Compliance Implications

Public Art Policy

Draft Public Art Strategy

Public Art Guidelines and Criteria

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2 - Attachment 1

Byron Shire Council

Public Art for Railway Square

Expression of Interest

Artist Brief

Contents

Project Context 4

Byron Shire Council Public Art Strategy (Extracts). 4

Permanent art work. 4

Site specificity. 4

Meaning. 4

Sustainability. 4

Guiding Principles. 4

History. 5

The Site / The Park- Railway Square. 5

The Park Concept 6

Proposed Location for Primary Public Art Opportunity. 8

Curatorial Direction.. 9

Concept Design Considerations. 9

Budget 10

Timelines. 10

Project Stages. 10

Stage 1.. 10

Stage 2.. 11

Stage 3.. 11

Terms and Conditions. 12

Moral rights. 12

Other Terms and Conditions. 12

Project Context

In 2016 Council adopted the Byron Bay Town Centre Masterplan – a strategic document outlining a 20 year vision for the town. The Masterplan identifies Railway Park as a ‘catalyst site’ – its connection to the centre of town, the Railway Station, the bus stop on Jonson Street, the Visitor Centre and the Community Centre means that the park is a valued public space for the local community and a prominent space within the town centre for visitors.

In 2018-19 Council is upgrading Railway Park - bringing the area to life so that it can become a space the community is proud of and an attraction in its own right. Public Art elements will be incorporated into the upgrade to express the town’s culture and stories.

Byron Shire Council Public Art Strategy (Extracts)

Public art installations are considered an opportunity to showcase local artwork and also provide an opportunity to express the key ideas behind the commission (see below) to locals and visitors alike.

The Public Art Panel will be overseeing the artistic process as governed by the Public Art Guidelines and Criteria, the Public Art Strategy and the Council’s Public Art Policy.

Council is looking for public art that meets the public art objectives and considers the physical location in the artistic expression. The relevant guiding principles and policy statement are provided here for clarity.

Permanent art work

The Strategy recommends focusing resources on more permanent and sculptural works for the Shire.

Site specificity

All public art has to be relevant to its site, commissioned in response to values of identity and place, and of an appropriate scale to its context.

Meaning

Public art must reflect the cultural narratives of the Shire, calling on core themes that resonate with Byron Shire’s identity, sense of place and its indigenous heritage.

Sustainability

The longevity and robustness of artwork is vital not only to its artistic integrity but also as a means of minimizing maintenance requirements. In ephemeral public artworks this means ensuring work is of sustainable materiality

Guiding Principles

1. Distinctive Spaces - Create and commission innovative public art that reflects the values of the Shire’s communities.

2. Diverse Art Forms - encourage new, innovative art forms and styles.

3. Local Skilling and Employment - provide opportunities for local artists and community members to develop their professional skills.

4. Partnerships - develop and maintain collaborative partnerships with those involved in public art projects.

5. Local Culture- Public Art will reflect the local cultural diversity, identities, issues, values and sites of significant cultural and natural heritage.

6. Quality Facilities - create public art that contributes to the provision of quality amenities and facilities.

7. Sponsorship - encourage private and commercial sector contributions to public art and effective mechanisms for partnerships.

Public art acquisitions will be:

a. Integral to social and cultural development as outlined in the Byron Shire Community Strategic Plan.

b. Developed and managed by appropriate procedures and processes (refer to Public Art Guidelines and Criteria)

c. Created considering standards of excellence, in a professional manner

d. Adequately planned with relevant stakeholders throughout the project duration

e. Meaningful, aesthetically stimulating and site specific

f. Aimed to provide a cultural outcome (see Cultural Outcomes below)

g. Supportive of local creative industries.

History

People have always come to Byron Bay.

The Aboriginal name for the Byron Bay area was "cavvanbah"- meeting place. Aboriginal people have lived in and visited the area for over 22,000 years. Northern NSW is the traditional land of the Bundjalung people and two clans include the Byron Bay area in their territory – the Arakwal from the south and Minjungbal from the north. The landscape is a source of Dreamtime stories and a place of plenty – the land provided views, sheltered and sandy beaches, seafood, wildlife, rainforest foods and clean water.

It is estimated that approximately 500 aboriginals were living in area when Captain Cook sailed past in May 1770. The bay and its three rocks were mapped in 1828 by William Johns of the HMAS Rainbow, which was under the command of Captain Rous.

Since the area was settled by Europeans in the late 1800’s the area has supported numerous industries such as cedar cutting, dairy farming with a significant co-op and butter factory, a pig industry producing small goods and canned products, sand mining and a short lived whaling industry. These industries where made viable due to the railway and jetty enabling products to be transported.

‘Byron Bay has been a working man's town. It's only since the factories have closed, and the many social and economic changes of our nation have created the time and the money to spare, that Byron Bay has become a playground.’ www.byron-bay.com/byronbay/ehistory

The Site / The Park- Railway Square

Railway Square is a traditional meeting place within the town centre of Byron Bay.

For generations children have played in the park and its trees, and people have rested in a quiet place close to the street- enjoying the shade in summer and the sunshine in winter.

The park has also been used as a gathering place for community events and demonstrations and for temporary market events such as the Byron Artisans Market.

Over more recent times some of these uses have reduced as a result of factors such as the termination of train services in 2004 and the disuse of the Station building, the dilapidation of park infrastructure, and the dilapidation of areas adjacent to the park including car park areas and buildings. As a result the park’s role as a welcoming and generous piece of public space at the gateway to the town centre has diminished.

For this reason Council is in the process of a significant upgrade of the park- a park Concept was endorsed by Council in 2017 and a small first stage of works was completed in early 2018.

Below is an aerial image of the park.

The Park Concept

The driving principle of the Park Concept is to make the park open and welcoming. Some of the key components of the park upgrade will include:

· A new public plaza area along the southern edge of the park that extends the park into areas that are currently car park and provides a public open space forecourt to the heritage Station Building

· A new play ground

· A central gathering feature around the existing Cottonwood tree at the heart of the park

· A pocket park entry space on the eastern edge of the park along Jonson Street

· A relocated toilet that allows for views into the park from Jonson Street

· Upgraded lighting

Also included in the Concept are elements of integrated and commissioned public art. This brief is for the primary commissioned public art component. The park design team is also in the early phases of a consultation process with local Arakwal representatives for the creation of integrated artwork treatments.

Below is a plan showing the Park Concept.

Proposed Location for Primary Public Art Opportunity

The proposed / preferred location for the public art piece is in the south-eastern corner of the park. This means that the piece can become a critical part of the welcome to the park and, by extension, the town centre. Artists can propose alternate locations for their artwork if desired- these proposals will be assessed on merit.

Below is a detail of the park plan showing the proposed location / zone for public art.

Curatorial Direction

Byron Bay is a cherished place. Loved by its locals and loved by over two million visitors every year. The selected site is prominently placed to welcome people to the park and to the town. The artwork should communicate new ideas of Byron Bay - environment, culture, people - while acknowledging what has come before.

We invite creative thinking and art proposals that:

· Reflect the cultural life of Byron Bay.

· Avoid slogans and cliché stereotypes.

· Think outside the box - create situations that will surprise, delight and engage.

· Are creative and innovative responses to the community and location.

· Create an experience not just decoration.

· Inspire curiosity, challenge our assumptions.

· Are cognisant of the existing site and proposed upgrades – refer attached concept design.

· Consider the heritage values of the Railway precinct.

Artists and artist teams are encouraged to undertake their own research to develop their artwork proposals. Artists can propose an alternative location if it better suits their concept.

Concept Design Considerations

The following concept and design considerations and constraints are important in developing the artwork proposal:

· Appropriateness to site and community - Artists should consider the history of the site and uniqueness of the location and its value to the Byron Bay community - site-specific proposals that reflect the region’s values and identity.

· Artwork considerations - Artworks should be of an appropriate scale to suit the context of the park and surroundings. Artworks with the ability to engage a broad audience are sought

· Functionality - Artworks should be cognisant of pedestrian movement around the Plaza and along Jonson St

· Lighting - Artists may consider design elements such as lighting or ensuring sculptural works have a night-time presence. Lighting is planned for the broader design of the park but it is encouraged that lighting specific to the artwork is considered.

· Materials – sustainability, safety and resilience - Fabrication of the artwork should consider its impact on the environment and long-term resilience. Minimum maintenance requirements and the coastal environment should be key considerations. The artwork must be as vandal-proof as possible and should pose no safety concerns to the community. Life expectancy of the artwork must be a minimum of 20 years.

Budget

A budget of up to $80,000 (excluding GST) is available.

The costing should include, but is not limited to artist fees, fabrication, transportation, installation, equipment, engineering and insurance costs, etc. The budget must cover all items and resources required to complete the project.

Timelines

Stage 1
EOI Opens	29 June 2018
EOI Closes	31 August 2018
Stage 2
Short listed artists notified	September 2018
Concept development due	October 2018
Stage 3
Selected Artist commissioned for documentation and fabrication	October 2018
Installation	Feb-June 2019 – to be confirmed with successful artist

Project Stages

Stage 1

EOI Submission requirements

· Artist/artist team contact details and CV

· Artwork statement (500 words) and dimensioned visual representation of proposed artwork

· Project Plan including materials, methodology and schedule for design, delivery and install of the artwork

· Budget including artist fees, delivery and install. The budget must cover all resources required to delivery your artwork.

· Referee contacts for 2 previously completed projects

· Insurance details

· Previous work – up to 10 images of previously completed projects

Submissions in PDF format should be emailed to : claire.mcgarry@byron.nsw.gov.au

Due Date 31^st August 3PM

Stage 1 – assessment criteria

1. Satisfies the principles, key ideas, thematic direction and purpose of the commission and best meets the requirements outlined in the project brief / shows an understanding of the brief;

3. Consideration of public safety, risk management and maintenance for anticipated life of the work

4. Meets relevant building and safety standards;

5. Meets the requirements of the project budget;

6. The project timeline can be met; and

Mandatory requirements include:

· The artist must hold appropriate insurances, including public liability insurance to the value of $20 million

· The total budget for the project must consider all costs including installation of the artwork to final completion as outlined under the heading ‘budget’

· The project can be completed within the timeframe specified

Any proposals that do not meet the mandatory requirements will not progress to further stages of assessment. Incomplete applications will not be considered.

Stage 2

Shortlisted Artists

A fee of $1,000 (exclusive of GST) will be paid to up to 4 selected artist/s to refine the artwork design and present to the Selection Panel and Council staff prior to contracting. 1 artwork will be selected to proceed to Stage 3.

Stage 3

One selected artist will enter a contract with Council to deliver this artwork for Railway Square.

· A project plan submitted to Council, prior to the commencement of work, confirming the design, methodology, timeline, budget and payment schedule;

· Regular updates on progress to nominated Council officers and project professionals through face-to-face meetings and by email as agreed;

· Presentation of a detailed design and methodology for the final artwork creation, application and installation for Council approval;

· Creation, supervision and installation of the artwork;

· Supply of certification from a structural engineer and engineering details (If required);

· The artist will be required to provide Council with a maintenance manual on completion of the project, detailing products and procedures for maintenance of the artwork;

· A Risk Assessment and Management Plan, in keeping with Council’s Work, Health and Safety and Insurance Requirements;

· Council may consult with community and stakeholders, seeking their feedback and input to selection and design stages of the project. The artist must agree to be available for community members to discuss direction and comment on the design as the project progresses

Terms and Conditions

The Terms and Conditions of the contract will address copyright and moral rights, including:

Copyright

· The successful artist/creative team will maintain copyright. However, Council’s intention is that the selected artist will give Council an irrevocable license to use the artwork and reproduce images of the artwork as Council sees fit.

· Council will properly attribute the role of the contractor in all reproductions of the artwork.

Moral rights

· The contract will also state that any moral rights of the artist are limited so as not to restrain the Council from making appropriate decisions relating to the artwork in the future.

Other Terms and Conditions

Process

Council is not bound to accept the lowest offer or any offer and will not be responsible for the costs incurred in preparing or submitting an offer.

Submissions that do not meet all the requirements of this RFQ may be excluded from further consideration.

Expenses

No payment will be made for any expenses or losses that may be incurred by the responding party in connection with the preparation of the RFQ or in visiting the site. Council is not liable for any expense or loss which may be incurred by a party in preparation of the RFQ.

Following assessment of all submissions received through the RFQ process, and prior to contracting, the selected artist may be required to further refine the proposal and present to the Selection Panel and Council Staff.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3

Report No. 4.3 Brunswick Nature Sculpture Walk - approval of sculptures

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2018/1164

Theme: Society and Culture

Community Development

Summary:

The Public Art Panel received a presentation about the Brunswick Nature Sculpture Walk from Sam Collyer at the 28 September 2017 meeting and subsequently recommended the event be supported with funding of $10,000 from the 2017/18 public art budget.

This report presents the event details and individual sculpture details for the Panel’s assessment and recommends that Council accept two permanent artworks as a legacy of the Sculpture Walk.

RECOMMENDATION:

That the Public Art Panel recommend that Council:

1. Note that the Public Art Panel has considered each artwork submission for the Brunswick Nature Sculpture Walk, for consistency with the Council’s Public Art Policy, Strategy and Guidelines and Criteria.

2. Note that the event organisers have engaged structural engineers (Ardill Payne and Partners) to assess the installation of the artworks prior to the event opening and access by the general public.

3. Accept the two proposed permanent artworks as a legacy of the Brunswick Nature Sculpture Walk - Allen Horstmanhoff’s Artefact of Things Past and the Labyrinth in the locations identified.

Attachments:

1 Brunswick Nature Sculpture Walk 2018 PROGRAM SCHEDULE, E2018/58741 , page 39 ⇩

2 Brunswick Nature Sculpture Walk - site information table, E2015/42073 , page 43⇩

3 2018 Brunswick Nature Sculpture Walk MAP Site Numbers, E2018/58744 , page 52⇩

4 MAP Artists Site Numbers Brunswick Nature Sculpture Walk 2018, E2018/58743 , page 53⇩

5 Allen Horstmanhoff-Artefact of Things Past - permanent sculpture proposal following Brunswick Nature Sculpture Walk, E2018/58831 , page 54⇩

6 labyrinth proposal for 2018 Brunswick Nature Sculpture Walk, E2018/59103 , page 63⇩

Report

The Public Art Panel received a presentation about the Brunswick Nature Sculpture Walk from Sam Collyer at the 28 September 2017 meeting. Following the meeting, a request for funding for the 2018 Brunswick Nature Sculpture Walk event was received and the Panel recommended it be approved. Council subsequently resolved (18-203):

3. That Council:

a. Support the Brunswick Nature Sculpture Walk 2018 event by contributing $10,000 from the public art budget where Panel members will be consulted regarding the acquisition of a permanent sculpture for Brunswick Heads following the event.

b. note that the event will:

· Enable established interstate artists to provide workshops for local sculptors and community

· Curate sculptures, focusing on local and interstate sculptors who work with environmental themes

· Provides a good springboard for emerging artists

· Was a well run event in 2015

The Brunswick Nature Sculpture Walk will be held on 28 September – 2 October 2018. A Program Outline is provided in Attachment 1.

Invitations to participate in the event were extended to 25 professional established sculptors, Southern Cross University students along with the opportunity being advertised to local artists. The event also involves 5 local schools in workshops with an artist and they will be contributing to the Sculpture Walk.

In total there will be 47 sculptures /installations, 9 artist workshops and 4 performances.

The invited professional sculptors completed an expression of interest form. This included information on the artists, their background, information on the sculpture on exhibit, photographs of the work, specific installation details and a statement about the work.

Through consultation with the Brunswick Nature Sculpture Walk (BNSW) team, artists works were chosen based on the following criteria:

· Works that reflect Brunswick Heads

· Ephemeral Installations

· An environmental message and

· Appropriateness of materials and concept

Artists were taken through the site with curators to discuss placement and installation details.

The structural engineers, Ardill Payne and Partners, will assess all installations during the installation period of Wednesday 26 and Thursday 27 September. All works will be assessed on the basis of sound construction and safety and a report will be provided to the event organisers and Council.

A majority of the works have been exhibited in other sculpture shows, where they were assessed by engineers and this has influenced why works were selected.

For more information on artists workshops and program details visit the website

www.brunswicknaturesculpturewalk.com

In preparation for the 2015 Brunswick Nature Sculpture Walk, investigation into the land ownership and land constraints throughout the Sculpture Walk footprint was undertaken. A table in attachment 2 outlines this work. Brunswick Nature Sculpture Walk has acquired a temporary Licence from Crown Lands and Reflections Holiday Parks which manage parks other than Council-owned.

Also provided in the attachments is a site map, with numbered sculpture sites and a key of site numbers and artist names.

Previous advice received is that a Development Application will not be required. A Temporary Licence will be required for a small number of sites.

There are 48 artwork expressions of interest to review and these will be circulated separately to Panel members.

Proposed Permanent works

Brunswick Nature Sculpture Walk organisers are requesting that two works for Brunswick Heads be approved as a permanent legacy of the 2018 event:

· Allen Horstmanhoff’s Artefact of Things Past, and

· Labyrinth.

Attached is information about each proposed permanent artwork including a maintenance manual and risk assessment. The site map for the BNSW event indicates where each sculpture is to be situated.

Note that the resolution copied at the beginning of the report requests that the Public Art Panel be consulted regarding the acquisition of a permanent sculpture for Brunswick Head. This is the opportunity for the Panel to have input into the choice of permanent sculpture for Brunswick Heads.

Should Council accept these permanently, the asset will need to be included in Council’s register.

Financial Implications

The ‘Brunswick Nature Sculpture Walk’ has been supported from the 2017/18 budget with a $10,000 contribution.

The ongoing maintenance of the proposed permanent structures has not yet been accommodated within future budgets.

Statutory and Policy Compliance Implications

Public Art Policy

Public Art Strategy

Public Art Guidelines and Criteria

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3 - Attachment 1

BRUNSWICK NATURE SCULPTURE WALK EVENT SCHEDULE 2018
Date	Activity	When	Where	Who
WEDNESDAY 26th	Installation Meet Artists on-sites Install	8.00pm	Sound shell	Artists Curators Install crew
	Pick up any equipment Byron Hire	9.00am	Byron	Install crew
	Smalls Exhibit Install	9.00am	Pic House	Install Crew
	Engineer check works	12.00 – 4pm	On Site	Ardill and Payne Engineers
THURSDAY 27th	Installation Artists on site Install	8.00am	Sound shell	Curators Installation volunters
	Install equip Byron Hire	9.00am	Byron Hire	Install crew
	School Workshop Brunswick Primary	9.00am - 12.00pm	SCHOOL	Artists Shona Joanne Mott Brunswick Heads students
	Flags	10.00am	Bridge	Leone
	Engineer check works	12.00 – 4pm	On Site	Ardill and Payne Engineers
	Install Lighting	3.00pm	Sound shell/ tweed street	Lighting crew Tim/Harry
	Security	7pm – 7am	All areas	Viewpoint Security
	Site numbers on works	3.00pm	All sites	Curators
	Judging of sculptures	9.00am – 3.00pm	All areas	Judges Lindy Lee Suzie Muddiman Brett Addelton Steve Garrison
FRIDAY 28th	BNSW INFO Hub Info bases set up	7.00am	SOUND SHELL South Beach Park	Volunteers
	Flags Signs	7.30am	ALL AREAS	Install crew
	Judging of sculptures	9.00am – 3.00pm	All areas	Judges Lindy Lee Suzie Muddiman Brett Addelton Steve Garrison
	Smalls Exhibit	10.00am – 3.00pm	Pic House
	ART Workshops	10.00am -2.00pm	Torakina Park	Artists Shona Wilson
	School tours Brunswick Heads Ocean Shores Mullumbimby High	10,00 – 11.00am 11.00- 12.00pm 1.00 -2.00pm	Meet Sound Shell	Volunteers Guides Artists
	MUSIC	10.00 – 3.00	Sound Shell	Musicians MC
	Opening Welcome to Country Tour of sculptures Winners announced Music entertainment	5.00pm 5.30pm -6.30pm 6.30pm – 7.30pm	Meet sound shell END AT Bruns Pic House	VIP /Sponsors Artists Volunteers Opening crew
SATURDAY 29th	BNSW Info Hub	8.00 - 3.00pm	Sound Shell South Beach Park	Volunteers
	Smalls Exhibit Film / Doco – artists	10.00am – 3.00pm	Pic House	Pic House
	Labyrinth Walk	9.00am	Venture Park	Jenni Cargill –Strong & Jacquelina Wills
	Art Workshops Weaving Byron Bird Buddies Sand Castles Making Nests Art Masterclass	10.00am -1.00pm 11.00am -2.00pm	Torakina Park Venture Park South beach Torakina Beach Tweed Regional Gallery	Wendy Sabina Jan Steve Lynne Adams
	Music	9.00am – 2.00PM	Sound shell -	Mary
	Artist Talks	2.00pm – 3.00pm	Sound shell	Artists Prue Clark
	Tours	11.00am & 3.00pm	Sound shell	Volunteer Guides
SUNDAY 30th	BNSW Info Hub	9.00 - 5pm	Terrace Park – Sound Shell	Volunteers
	YOGA	7.30AM – 8.30AM	Torakina Park	Karen Wighman
	Art Workshops onsite Ephemeral Byron Bird Buddies Nests /Weaving Art Masterclass	10.00am-1pm 11.00am – 2.00pm	Torakina Park Venture Park Terrace Park Tweed Regional Gallery	Shona Wilson Anaheke Metua Wendy Marion & Lynette
	Performance	3.30 -4.00pm	Torakina Park	Gogi Collective
	Music	10.00am -2.00pm	Parks pop up	Mary
	Smalls Exhibit Film / Doco	10.00am – 3.00pm	Pic House
	Tours	11.00am & 3.00pm	Meet Sound Shell	Volunteer Guides
MONDAY 1st	BNSW Stalls	9.00am –-5pm	Terrace Park	volunteers
	Workshops Weaving Lantern Making	11.00am–1 .00pm	Torakina Venture Park Housie Shed	Artists
	Artist Talks	2.00pm – 3.00pm	Sound shell	Artists Ange Kent
	Music	10.00 - 2.00pm	Sound Shell Torakina	Mary
	Smalls Exhibit Doco/Film – art	10.00am & 3.00pm	Pic House
	TOURS Bird Tour	11.00am & 3.00pm 9.00am -10,00am	Meet Sound Shell	Volunteer guides Jan Olley
TUESDAY 2nd	BNSW Info Hub	9.00am –-5.00pm	Sound Shell Park	Volunteers
	MUSIC	10.00 – 3PM		ARTISTS
	Smalls exhibit 2015 BNSW doco	10.00am– 3.00pm	Bruns Pic House	Artists
	Performance Lantern Parade Fire Sculpture	5.30pm	Meet sound shell Lantern Parade	Artists community
	Closing People’s Choice	7.00pm	Hotel Brunswick	Artists BNSW Team Community
WEDNESDAY 3rd	De - Install	8.00AM - onward	All parks works	All Artists

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3 - Attachment 2

Brunswick Nature Sculpture Walk – 2 – 6 October 2015

Site Information

Site #	Approximate location description	Land owner/ manager (who approves?)	Zone (RU2 etc)	Applicable development control (LEP, DCP, SEPP, etc)	Constraints
1	North of soundshell in The Terrace Park	North Coast Holiday Parks	RE1	LEP 2014 DCP 2014	ASS - 4
2	South of soundshell in The Terrace	North Coast Holiday Parks	RE1	LEP 2014 DCP 2014	ASS – 4
3	South of soundshell in The Terrace	North Coast Holiday Parks	RE1	LEP 2014 DCP 2014	ASS-4
4	South of soundshell in The Terrace	North Coast Holiday Parks	RE1	LEP 2014 DCP 2014	ASS-4
5	On Footbridge	Council	W1	LEP 2014 DCP 2014
6	On South Beach Park Lane	Crown Road Reserve	DM/6a	LEP 1988 DCP 2010	ASS-3
7	Along South Beach Park Lane	Crown Road Reserve	DM/6a	LEP 1988 DCP 2010	ASS-3
8	In South Beach Park	Council Managed Crown Land	DM/6a	LEP 1988 DCP 2010	ASS-3
9	In South Beach Park	Council Managed Crown Land	DM/6a	LEP 1988 DCP 2010	ASS-3
10	In South Beach Park	?	RE1	LEP 2014 DCP 2014	ASS-3
11	In South Beach Park	Council Managed Crown Land	DM/6a	LEP 1988 DCP 2010	ASS-3
12	In Torakina near road bridge	North Coast Holiday Parks	DM/6a	LEP 1988 DCP 2010	ASS-3
13	In Torakina	North Coast Holiday Parks	RE1	LEP 2014 DCP 2014	ASS-3
14	In Torakina near start of south wall	North Coast Holiday Parks	RE1	LEP 2014 DCP 2014	ASS-5
15	Near Torakina on beach near start of south wall	North Coast Holiday Parks	DM/6a	LEP 1988 DCP 2010	ASS-5
16	In Venture Park near car park and start of south wall	Council Road Reserve	RE1	LEP 2014 DCP 2014	ASS-3
17	In Venture Park adjacent to South Beach Rd	Council Managed Crown Land	DM/6a	LEP 1988 DCP 2010	ASS-5
18	In Venture Park adjacent to South Beach Rd	Council Managed Crown Land	DM/6a	LEP 1988 DCP 2010	ASS-5
19	In Venture Park adjacent to South Beach Rd	Council Managed Crown Land	DM/6a	LEP 1988 DCP 2010	ASS-5
20	In Venture Park adjacent to South Beach Rd	Council Managed Crown Land	DM/6a	LEP 1988 DCP 2010	ASS-5
21	In Venture Park adjacent to South Beach Rd	Council Managed Crown Land	DM/6a	LEP 1988 DCP 2010	ASS-5
22	In Venture Park adjacent to South Beach Rd	Council Managed Crown Land	DM/6a	LEP 1988 DCP 2010	ASS-5
23	In Torakina near toilet block	North Coast Holiday Parks	RE1	LEP 2014 DCP 2014	ASS-3
24	In Torakina near toilet block	North Coast Holiday Parks	RE1	LEP 2014 DCP 2014	ASS-3
25	On south wall near Torakina	North Coast Holiday Parks	DM/6a	LEP 1988 DCP 2010	ASS-5
26	In South Beach Park	Council Managed Crown Land	RE1	LEP 2014 DCP 2014	ASS-3
27	On beach near Torakina	Council Managed Crown Land	DM/7f1	LEP 1988 DCP 2010	ASS-5
28	On beach near south wall	North Coast Holiday Parks	DM/7f1	LEP 1988 DCP 2010	ASS-5
29	On beach	North Coast Holiday Parks	DM/7f1	LEP 1988 DCP 2010	ASS-5
30	Near entrance to beach from south wall	North Coast Holiday Parks	DM/7f1	LEP 1988 DCP 2010	ASS-5
31	On beach	North Coast Holiday Parks	DM/7f1	LEP 1988 DCP 2010	ASS-5
32	In Venture Park on beach side	North Coast Holiday Parks	DM/7f1	LEP 1988 DCP 2010	ASS-5
33	In Venture Park adjacent to beach access	Council Managed Crown Land	DM/7f1	LEP 1988 DCP 2010	ASS-5
34	In Venture Park adjacent to beach access	Council Managed Crown Land	DM/7f1	LEP 1988 DCP 2010	ASS-5
35	On South Wall	North Coast Holiday Parks	DM/7f1	LEP 1988 DCP 2010	ASS-5
36	In little park behind Community Centre	North Coast Holiday Parks	RE1	LEP 2014 DCP 2014	ASS-3
37	On beach	Council Managed Crown Land	DM/7f1	LEP 1988 DCP 2010	ASS-5
38	On beach	Council Managed Crown Land	DM/7f1	LEP 1988 DCP 2010	ASS-5
39	Near Surf Club	Council Managed Crown Land	DM/7f1	LEP 1988 DCP 2010	ASS-5
40	In Torakina	North Coast Holiday Parks	RE1	LEP 2014 DCP 2014	ASS-3

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3 - Attachment 2

Exempt and Complying Development are not permissible for this development.

DCP 2010

Clause 48 Temporary use of certain land

(1) Despite any provision of this plan, a person may, without the consent of the Council, carry out development on land for any purpose (not being designated development) within Zone No 6 (a) or 7 (f1) for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year if:

(a) such land is vested in the Crown, a Minister of the Crown or the Council, and

(b) the development does not involve the erection of permanent structures ancillary to the use of that land.

(2) Despite any other provision of this plan, a person may, but only with the consent of the Council, carry out development on the following land for any purpose (not being designated development) for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year if the development does not involve the erection of permanent structures ancillary to the use of that land:

Lot 1, DP 201626 and Lot 2, DP 542178, Ewingsdale Road, Ewingsdale

Lot 358, DP 704247, Bangalow Road, Byron Bay.

DCP 2014

Clause 2.8 Temporary use of land

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 14 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that:

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5) Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

LEP 1998

Definitions

recreation area means:

(a) a children’s playground, or

(b) an area used for sporting activities or sporting facilities, or

intellectual welfare of the community, or

(d) an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include racecourses or showgrounds

community building means a building or place owned, occupied or operated by the council or another public or local authority and used to provide facilities comprising or relating to any one or more of the following:

(a) a library, rest room, meeting room, neighbourhood centre, senior citizens centre, youth centre, welfare centre or any similar place, or

(b) health centre or place providing similar services, or

(d) arts and craft centre, information centre or kiosk.

Zones

Zone No 7 (f1) (Coastal Lands Zone)

(1) This clause applies to all land within Zone No 7 (f1).

(2) A person shall not carry out development for any purpose on land to which this clause applies except with the consent of the council.

(3) (Repealed)

(4) The Council, in deciding whether to grant consent to development referred to in subclause (2), shall take into consideration:

(a) the likelihood of the proposed development adversely affecting, or being adversely affected by, coastal processes,

(b) the likelihood of the proposed development adversely affecting any dune or beach of the shoreline or foreshore,

(c) the likelihood of the proposed development adversely affecting the landscape, scenic or environmental quality of the locality of the land, and

(d) whether adequate safeguards and rehabilitation measures have been, or will be, made to protect the environment.

(e) (Repealed)

2 Without development consent

Nil.

3 Only with development consent

Agriculture (other than animal establishments); beach and coastal restoration works; building of levees, drains or clearing of land; bushfire hazard reduction; clearing of land; community buildings; drainage; environmental facilities; forestry; home industries; markets; roads; primitive camping grounds; surf lifesaving facilities; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

Zone No 6 (a) (Open Space Zone)

1 Objectives of zone

The objectives are:

(a) to ensure that there is adequate provision of both active and passive open space to serve the present and future recreational needs of residents and visitors,

(b) to identify land where existing recreation facilities for the general use of the community are provided,

(d) to encourage plans of management for Crown Lands as required by the Local Government Act 1993.

2 Without development

Works for the purposes of landscaping and bushfire hazard reduction.

3 Only with development consent

Agriculture (other than animal establishments); child care centres; cycleways; drainage; environmental facilities; markets; primitive camping grounds; recreation areas; restaurants; roads; recreation vehicle areas; showgrounds; utility installations.

4 Prohibited

Any purpose other than a purpose specified in item 2 or 3.

LEP 2014

Definitions

recreation area means a place used for outdoor recreation that is normally open to the public, and includes:

(a) a children’s playground, or

(b) an area used for community sporting activities, or

and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

Zone RE1 Public Recreation

1 Objectives of zone

• To enable land to be used for public open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Child care centres; Community facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Flood mitigation works; Function centres; Horticulture; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Signage

4 Prohibited

Any development not specified in item 2 or 3

Zone W1 Natural Waterways

1 Objectives of zone

• To protect the ecological and scenic values of natural waterways.

• To prevent development that would have an adverse effect on the natural values of waterways in this zone.

• To provide for sustainable fishing industries and recreational fishing.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Boat building and repair facilities; Boat launching ramps; Boat sheds; Business identification signs; Charter and tourism boating facilities; Environmental facilities; Flood mitigation works; Jetties; Mooring pens; Moorings; Water recreation structures; Wharf or boating facilities

4 Prohibited

Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

DCP 2010

Clause 40 Height

(1) The objectives of this clause are as follows:

(a) to achieve building design that does not exceed a specified maximum height from its existing ground level to finished roof or parapet,

(b) to ensure that the height and scale of development is appropriate to its location, surrounding development and the environmental characteristics of the land.

(2) The council must not consent to the erection of any building:

(a) on land within Zone No 3 (a), if:

(i) the floor of the topmost floor level of the building exceeds 7.5 metres above the existing ground level, or

(ii) the vertical distance between the topmost part of the building and the existing ground level below exceeds 11.5 metres, or

(b) on land within any other zone, if:

(i) the floor of the topmost floor level of the building exceeds 4.5 metres above the existing ground level, or

(ii) the vertical distance between the topmost part of the building and the existing ground level below exceeds 9 metres.

Chapter 1 Part E – Public Art is not applicable for this development.

Chapter 1 Part J – Coastal Erosion Lands

Chapter 1 Part K – Flood Liable Lands

DCP 2014

Clause 4.3 Height of buildings

(1) The objectives of this clause are as follows:

(a) to achieve building design that does not exceed a specified maximum height from its existing ground level to finished roof or parapet,

(b) to ensure the height of buildings complements the streetscape and character of the area in which the buildings are located,

(2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

Part D Chapter D8 – Public Art is not applicable for this development

Part E Chapter E4 – Brunswick Heads

Part C Chapter C2 – Areas affected by flood

Constraints

· The subject site is constrained by Acid Sulfate Soils as indicated in the site description above.

Levels are

3 Works more than 1 metre below the natural ground surface or where the watertable is likely to be lowered by more then 1 metre below the natural ground surface

4 Works more than 2 metres below the natural ground surface, or where the watertable is likely to be lowered more than 2 metres below the natural ground surface

5 Works within 500 metres of adjacent Class 1, 2, 3 or 4 , where the watertable is likely to be lowered below 1 metre AHD on the adjacent Class 1, 2, 3 or 4 land

· The subject site is not constrained by Bushfire.

· Part of the subject site is constrained by Flood.

· Part of the subject site is constrained by Coastal Erosion.

SEPPS

SEPP 71 The entire subject site is in the coastal zone and the provisions of SEPP71 affect the proposal.

Policy is attached.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3 - Attachment 4

SITE MAP NUMBERS BRUNSWICK NATURE SCULPTURE WALK 2018
SITE NO.	PARK	ARTIST
1	Terrace	Nicole De Mastre
2	Terrace	Gudrun Klix
3	Terrace	Suvira McDonald
4	Terrace	Wendy Johnson
5	Terrace	John Power
6	Terrace	Mimi Dennett & Gogi Collective
7	Terrace	Jacqui Doran
8	Terrace	Marion Gaemers & Lynnette Griffiths
9	Terrace	Suryio Cunningham
10	Foot bridge	Phil Reif
11	South Beach	David Walsh
12	South Beach	Lynne Adams
13	South Beach	Jo Mott
14	South Beach	Craig Raynor
15	South Beach	Pamela Lee- Brenner & Johannas Mujiana
16	South Beach	Lance Seadon
17	South Beach	Allen Horstmanhof
18	South Beach	Jules Hunt
19	South Beach	Nicole De Mastre
20	Torakina	Mirra Winni Gaze
21	Torakina	Anaheke Matua
22	Torakina	Kassandra Bossell / Ingrid Morley & Gogi Collective
23	Torakina	Carla Gottgens
24	Torakina	Jess Poulsen
25	Torakina	John Walters
26	Torakina	Shona Wilson
27	Torakina	Samantha Collyer
28	Torakina	Kassandra Bossell / Ingrid Morley& Gogi Collective
29	Torakina Beach	Marion Gaemers & Lynnette Griffiths
30	Torakina Beach	Nick Warfield
31	Torakina Beach	Steve Machell
32	Breakwall	Joe Stark
33	Breakwall	Willemina Valkaris
34	Breakwall	Alison Allcock
35	Breakwall	Craig Raynor
36	Breakwall	Daniel Clemmett
37	Breakwall/Venture	Sarah Jane Mc Gra
38	Venture	Sabina Dodds
39	Venture	Pamela Lee Brenner
40	Venture	Naomi Mikkeler
41	Venture	Amelia Reid
42	Venture	Annie Long
43	Venture	Labyrinth Jenni Cargill-Strong & Jacquelina Wills
44	Venture	Zimmi Forest
45	Venture	Adrienne Helsminsky
46	Venture	The Uncle Project
47	River	Samantha Collyer & Gogi Collective
48	Tweed Street	Mimi Dennett

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4

Report No. 4.4 Proposed Amendments to the Public Art Chapter of the 2014 Development Control Plan

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

Steve Daniels, Project Officer - Planning Reforms

File No: I2018/1165

Theme: Society and Culture

Community Development

Summary:

A draft Public Art Strategy has been delivered to Council and includes a strategy to “build strength into the Development Control Plan [with regards to public art]”. Following feedback from the Public Art Panel, staff have drafted a proposed amendment.

A ‘marked up’ copy of the proposed amendment to Development Control Plan (DCP) 2014 – Chapter D8 Public Art demonstrating the proposed changes is appended to this report as Attachment 1. A ‘clean copy’ of the proposed amendment is appended to this report as Attachment 2.

RECOMMENDATION:

That the Pubic Art Panel recommend that Council place the proposed amendment to Byron DCP 2014 Chapter D8 - Public Art (and consequential amendments to Byron DCP 2014 Part A – Preliminary) on public exhibition for a period of 28 days.

Attachments:

1 24.2018.48.1 [DRAFT] Byron Shire DCP 2014 Chapter D8 Public Art (marked up copy), E2018/59108 , page 79 ⇩

2 24.2018.48.1 [DRAFT] Byron Shire DCP 2014 Chapter D8 Public Art (clean copy), E2018/59059 , page 90 ⇩

3 24.2018.48.1 Attachment 3 - Public Art Funding Models, E2018/59512 , page 100 ⇩

Report

A draft Public Art Strategy has been delivered to Council and includes a strategy to “build strength into the Development Control Plan [with regards to public art]”.

A report was provided to the 26 April Public Art Panel meeting outlining the proposed amendments to Byron Development Control Plan (DCP) 2014 – Chapter D8 Public Art.

Feedback was sought from Panel members regarding the proposed amendments. In preparing the amendment to DCP 2014 – Chapter D8 Public Art, staff have researched public art planning controls applied by other Councils in NSW and across the Australia, and considered the revised Public Art Policy and new Public Art Strategy.

Staff have prepared a draft amendment to the Public Art Chapter of the DCP 2014 and seek final feedback from the Public Art Panel. A ‘marked up’ copy of the proposed amendment to DCP 2014 – Chapter D8 Public Art demonstrating the proposed changes is appended to this report as Attachment 1. A ‘clean copy’ of the proposed amendment is appended to this report as Attachment 2.

The amendment proposes the following changes:

· Update to the aims of the Chapter considering the revised Public Art Policy and new Public Art Strategy.

· Updates to Section D8.2.1, including revised developer contribution values, details to be addressed in a Public Art Plan, and design considerations for public art proposals.

· A new section on the requirements for a development application (DA) for the provision of public art.

· A new section on the provision of murals.

Consequential amendments will also be required to Byron DCP 2014 Part A – Preliminary. These amendments are minor in nature and include updates to the definition of ‘public art’, and inclusion of a definition of ‘murals’. These definitions are taken from the Public Art Policy and new Public Art Strategy.

Issues requiring discussion

Section D8.2.1 – Provisions of Public Art (Contributions from developers)

In the DCP amendment under General Provisions, the performance criteria and prescriptive measures outline the proposed developer contribution value. This proposed contributions value needs to be considered by the Public Art Panel. Council Staff suggest that a reasonable upper limit be placed on developer contributions.

Attachment 3 to this report provides a cross section of developer contribution schemes for public art as applied by other Councils within the region and more broadly across the country. This information has been included to provide context for the Panel when considering developer contributions. Currently Council’s policy is that buildings more than $1M require public art to the value of 2% of the total development cost capped at $25,000.

Section D8.2.2 - Requirements for a development application for the provision of public art

This new section proposed introduces a ‘Public Art Plan’ to be submitted at DA stage. The Panel are asked to provide feedback on what would enable good decision making for public art proposals at the DA stage of a development.

Please note that the Public Art Plan requires applicants to address the prescriptive measures outlined in Part D8.2.1. The Panel are asked for feedback on requirements outlined in the prescriptive measures.

A ‘Preliminary Public Art Plan’ is proposed as an initial requirement for staged developments. The Preliminary Public Art Plan is to be submitted with the Master Plan for Master Plan sites or with the Stage 1 DA, and requires a more general, conceptual overview of public art opportunities for the site. The preliminary plan is to be considered by the Public Art Panel, and is followed by a more detailed ‘Public Art Plan’ to be submitted at the DA Stage of a Master Plan site or with the Stage 2 DA.

Section D8.3 - Provision of Murals

A section has been included in the Draft DCP outlining considerations for the assessment of murals in heritage areas, and provides guidelines for the provision of murals in areas that are not subject to heritage controls.

Timeline

The process for an amendment to the Development Control Plan is as follows:

Public Art Panel outlines desires for the amendment.	26 April meeting	ü
Research and consultation period with stakeholders, planners and enforcement staff if necessary	May - July	ü
Preparation of draft amendment for Public Art Panel consideration. PAP make a recommendation to Council.	PAP meeting 3 August	v
Final draft of amendment reported to Council. Council resolves to proceed with public exhibition	20 September
Preparation for exhibition
28 day public exhibition period	3 October, submissions closing 31 October
Review of submissions, required amendments & preparation of Council report	Council report deadline 31 October
Submissions Report to Council	22 November
Adoption of Amendments subject to Council Resolution	22 November
Public notification required within 28 days of Council resolution to adopt the amendment - the amendment becomes effective on the day of the public notification	5 December

Financial Implications

Staff time is required to review and process an amendment to the Public Art Chapter of the DCP.

Statutory and Policy Compliance Implications

1. Public Art Policy, Public Art Strategy and Public Art Guidelines and Criteria.

2. The amendment of Development Control Plans is governed by Environmental Planning and Assessment Regulation 2000 (Part 3 – Development Control Plans). The amendment process is summarised below:

Part 3 of the regulation states that a draft Development Control Plan must be publicly exhibited for at least 28 days and copies of the draft development control plan are to be made publicly available. After considering any submissions about the draft Development Control Plan that have been duly made, the Council:

(a) may approve the plan in the form in which it was publicly exhibited, or

(b) may approve the plan with such alterations as the council thinks fit, or

The Council must give public notice of its decision in a local newspaper within 28 days after the decision is made. Notice of a decision not to proceed with a development control plan must include the council’s reasons for the decision. A development control plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4 - Attachment 1

Document History

Doc No.	Date Amended	Details (e.g. Resolution No.)
#E2014/49	20 March 2014	Res 14-118 – Public exhibition version
#E2014/33050		Draft to 26 June 2014 Extraordinary Meeting - for adoption
#E2014/43422	26 June 2014	Adopted Version – Res 14-513
#E2018/27657	22 March 2018	Adopted 22 March 2018 Effective 12 April 2018 – Res 18-130 ‘Housekeeping’ amendment (various chapters).

D8.1 Introduction

Public Art is defined in the broadest sense as artistic works or activities accessible to the public. The work is of a permanent nature, located in or part of a public space or facility provided by both the public and private sector. Public art also includes the conceptual contribution of an artist to the design of public spaces and facilities.

Council supports Public Art as outlined in the:

· Public Art Policy

· Public Art Strategy

· Public Art Guidelines and Criteria

A Public Art Panel is appointed to provide appropriate specialist advice and recommendations to Council and to oversee the acquisition of public artworks according to the Policy, Strategy and Guidelines and Criteria. The Panel is made up of invited members and community members with specialist expertise and experience in the arena of public art.

More about Public Art can be found on Council’s website https://www.byron.nsw.gov.au/Community/Arts-and-culture/Public-Art

D8.1.1 Aims of this Chapter

The Aims of this Chapter are:

1. To implement relevant Strategic Actions and provisions of the Byron Shire Council Cultural Plan and Council’s Public Art Policy where they apply to the development process.

2. To recognise the importance of artistic expression to community well-being.

3. To cultivate a climate in which innovative and creative design and public Art contribute to the cultural life, liveability and amenity of Byron Shire.

4. To encourage public art that is:

~~a) Developed and managed by appropriate procedures and processes.~~

~~b) Created in a professional manner.~~

~~c) Appropriately maintained.~~

~~d) Adequately planned with relevant parties throughout the project duration.~~

~~e) Educational, meaningful and aesthetically stimulating.~~

~~f) Integral to social and cultural development.~~

~~g) Incorporated into private development.~~

~~h) Supportive of local creative industries.~~

a) Integral to social and cultural development as outlined in the Byron Shire Community Strategic Plan.

b) Developed and managed by appropriate procedures and processes

c) Created considering standards of excellence, in a professional manner

d) Adequately planned with relevant stakeholders throughout the project duration, with partnerships and collaboration encouraged

e) Meaningful, aesthetically stimulating and site specific

f) Aimed to provide a cultural outcome

g) Supportive of local creative industries

5. To facilitate the provision of public art through the development process that:

~~a) Respects and enhances the identity and sense of place.~~

~~b) Reflects the cultural diversity of the community.~~

~~c) Respects the history of the place and community.~~

~~d) Recognises Aboriginal cultural heritage.~~

a) Encourages innovative, original work with high artistic merit

b) Is reflective and responsive to local culture, including the local Aboriginal context, if relevant

c) Adds life, texture and interest to the site

d) Encourages the use of innovative materials including environmentally sustainable and eco-friendly material

e) Is durable, robust, and of quality, low-maintenance materials, and if applicable, be treated with anti-graffiti coating

f) Comply with all relevant Australian Standards and Building Codes and Regulations with regard to public safety

g) Enhance existing public art assets of the Shire.

6. To specify considerations for the assessment of murals.

7. To enable equivalent financial contributions in lieu of providing public art.

8. To specify requirements for a development application for the provision of public art.

D8.1.2 Application of this Chapter

1. This Chapter applies to Development Applications for projects that:

a) have an estimated cost greater than $1,000,000 (calculated in accordance with the Environmental Planning & Assessment Regulation); and

b) are located on land (partly or wholly) within zones RU2, RU5, B1, B2, B4, B7, SP3 or W2; and

c) include development for one or more of the following purposes:

i) business premises

ii) entertainment facility

iii) function centres

iv) marina

v) office premises

vi) recreation area

vii) recreation facility (indoor, major and/ or outdoor)

viii) registered club

ix) retail premises

x) tourist and visitor accommodation.

2. This chapter applies to residential subdivision of land in the R5 Large Lot Residential Zone resulting in 50 lots or greater, with an estimated project cost greater than $1,000,000 (calculated in accordance with the Environmental Planning & Assessment Regulation)

3. This chapter applies to the provision of murals requiring development consent under Byron LEP 2014, Part 5.10 – Heritage Conservation.

Note:

Unsolicited offers of permanent public art works to which this chapter does not apply, both existing and proposed, will be referred to the Public Art Panel for approval. The panel will consider the art work in the context of Council’s:

· Public Art Policy

· Public Art Strategy

· Public Art Guidelines and Criteria

The recommendations of the Public Art Panel will be presented to Council as required. Public art not approved via the Public Art Panel will be subject to removal.

Unsolicited offers of permanent public art to be located on Council owned or managed land are to be managed in accordance with Council’s Public Art Guidelines & Criteria.

D8.2 General Provisions

D8.2.1 Provision of Public Art

~~Objectives~~

~~1. To facilitate the provision of public art through the development process.~~

~~Performance Criteria~~

~~There are no Performance Criteria.~~

~~Prescriptive Measures~~

1. Development to which this Section applies must include the provision of public art to the value of at least 2% of the total development cost (calculated in accordance with the Environmental Planning & Assessment Regulation) up to a maximum of $25,000, as an integral part of the development.

2. In lieu of providing public art, the applicant could enter into a Voluntary Planning Agreement with Council to provide an equivalent financial contribution for the installation of public art in a suitable location

3. The public art must be permanent and durable, and must be provided in a location on the development site that is freely accessible to members of the public or clearly visible from the public domain.

4. Details of the proposed public art must be submitted as part of the Development Application documentation. The documentation must include details of the nature and form of the proposed public art; and must define and illustrate its intended location and approximate size.

5. ~~The documentation must also demonstrate how the proposed public art meets the following Design Selection Criteria:~~

~~a) relevance and appropriateness of the work in relation to its site;~~

~~b) relevance and appropriateness of the work to Byron Shire, including the Shire’s Aboriginal heritage, its particular natural environment and its diverse culture;~~

~~c) consistency with the Byron Shire Cultural Plan and Public Art Policy;~~

~~d) consideration of public safety, including public use of and access to the public art and associated space;~~

~~e) consideration of maintenance and durability, including potential for vandalism;~~

~~f) evidence of funding sources and satisfactory budget, including provision for ongoing maintenance; and~~

~~g) evidence of Public Liability Insurance to cover construction and installation of the work.~~

Performance Criteria

1. In lieu of providing public art, the applicant could enter into a Voluntary Planning Agreement with Council to provide an equivalent financial contribution for the installation of public art in a suitable location.

2. Public art may be located on public land in any of the towns and villages in Byron Shire at the discretion of Council and the Public Art Panel. Council is to be consulted prior to lodgement of a development application for installations on public land.

Note:

Preparation of a Voluntary Planning Agreement (VPA) is to be coordinated with Council’s Section 94 Officer.

Prescriptive Measures

1. Development to which this Section applies must include the provision of public art to the value of at least 2.5% of development costs (calculated in accordance with the Environmental Planning & Assessment Regulation) up to $2 million, and 1% of further development costs exceeding $2 million. (Contributions cap needs to be considered by PAP. A cap of $50,000 dollars has been suggested by Council staff)

2. A Public Art Plan is to be prepared that provides details of the proposed public art and must be submitted as part of the Development Application documentation. Council is to be consulted prior to lodgement of a development application. The Public Art Plan must include the following details in a manner that allows the Public Art Panel to reach a decision:

a) A statement that explains the rationale behind the artwork and demonstrates how it will relate to the proposed development and site.

b) Details of the nature, materials and form of the proposed public art.

c) Define and illustrate the intended location and approximate size of the artwork

d) Provide a program for documentation, fabrication and installation, and integration with the construction program for the development.

e) Deaccessioning agreements in accordance with Council’s Public Art Guidelines & Criteria.

f) Evidence of partnerships and/or collaboration and funding sources for the public art project where applicable.

g) Evidence of Public Liability Insurance to cover construction and installation of the work.

h) Expenditure for the public art and a budget for ongoing maintenance.

3. The Public Art Plan must also demonstrate how the proposed public art meets the following Design Selection Criteria:

a) The artwork demonstrates artistic excellence and demonstrates local and cultural appropriateness.

b) The public art must be permanent and durable, with consideration given to maintenance requirements and potential for vandalism.

c) The design is consistent with the themes outlined in the Public Art Policy and Public Art Strategy.

d) Public art must be provided in a location where it can be freely viewed by users of the public domain. (i.e. will not be considered inside buildings, e.g. foyers, etc.).

e) Meets relevant building and safety standards.

D8.2.2 Requirements for a development application for the provision of public art

Development applications for the provision of public art are to include the following two documents:

(1) Public Art Plan to be submitted at DA Stage

The Public Art Plan must address the Prescriptive Measures outlined in D8.2.1 and demonstrate how the proposed work will accord with this DCP chapter.

The Public Art Plan will be referred to the Public Art Panel for review.

(2) Final Public Art Report to be submitted at Occupation Certificate Stage

The Final Public Art Report is to satisfy Council that the public art has been delivered and the public art commitments have been fulfilled. This will enable the Occupation Certificate to be released. The Final Public Art Report should provide information about the artworks and artist, the fabrication and installation of the work, the documentation and engineers’ drawings, the maintenance requirements, any additional relevant information regarding ownership, and copyright of the work. The Public Art Report is a condition of Occupation Certificate.

Where the development application for public art is associated with a staged development, the following three documents are required:

(1) Preliminary Public Art Plan to be submitted with the Master Plan for master Plan sites or with the Stage 1 DA

The Preliminary Public Art Plan should include an analysis of the precinct, planning requirements and any studies pertinent to the public art objectives. It should identify public art opportunities, propose a methodology for the selection and commissioning of artists and provide an estimated budget and program for the inclusion of artists. The Preliminary Public Art Plan will be referred to the Public Art Panel for review.

(2) Public Art Plan to be submitted at the DA Stage of a Master Plan site or with the Stage 2 DA

The Public Art Plan must address the Prescriptive Measures outlined in D8.2.1 and demonstrate how the proposed work will accord with this DCP chapter.

The Public Art Plan will be referred to the Public Art Panel for review.

(3) Final Public Art Report to be submitted at Occupation Certificate Stage

The Final Public Art Report is to satisfy the Council that the public art has been delivered and the public art commitments have been fulfilled. This will enable the Occupation Certificate to be released. The Final Public Art Report should provide information about the artworks and artist, the fabrication and installation of the work, the documentation and engineers’ drawings, the maintenance requirements, any additional relevant information regarding ownership, and copyright of the work. The Public Art Report is a condition of Occupation Certificate.

D8.3 Provision of Murals

This Subchapter applies to the provision of murals requiring development consent under Byron LEP 2014, Part 5.10 – Heritage Conservation.

Objectives

To facilitate the provision of murals that are appropriate for the location and the community.

Performance Criteria

1. The following considerations are to be addressed in a development application for a mural:

a) Would this artwork be considered suitable on the interior walls of a public hall or community centre?

b) Does the subject matter of a mural relate to its context and surroundings?

c) Is the artwork suited to a diverse audience?

d) Does the mural add to the character and integrity of the location?

e) Is the artwork likely to cause offence?

2. Consideration is to be given to the use of mediums that will not effect the original fabric of the heritage item (e.g. mural to be painted on removable ply boards)

3. Development applications must include a heritage impact statement in accordance with Byron LEP 2014, Part 5.10(4).

4. Where the mural is considered to be of minor impact, applicants are to consult with Council prior to lodgement of a development application to determine if Byron LEP 2014, Part 5.10(10) is applicable.

Prescriptive Measures

There are no prescriptive measures.

Note:

Murals that do not require development consent under Byron LEP 2014, Part 5.10 – Heritage Conservation do not require a development application. Where development consent is not required, developers and artists are encouraged to submit their concept to the Public Art Panel for review.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4 - Attachment 2

Document History

Doc No.	Date Amended	Details (e.g. Resolution No.)
#E2014/49	20 March 2014	Res 14-118 – Public exhibition version
#E2014/33050		Draft to 26 June 2014 Extraordinary Meeting - for adoption
#E2014/43422	26 June 2014	Adopted Version – Res 14-513
#E2018/27657	22 March 2018	Adopted 22 March 2018 Effective 12 April 2018 – Res 18-130 ‘Housekeeping’ amendment (various chapters).

D8.1 Introduction

Council supports Public Art as outlined in the:

· Public Art Policy

· Public Art Strategy

· Public Art Guidelines and Criteria

Further information about Public Art can be found on Council’s website:

https://www.byron.nsw.gov.au/Community/Arts-and-culture/Public-Art

D8.1.1 Aims of this Chapter

The Aims of this Chapter are:

1. To implement relevant Strategic Actions and provisions of the Byron Shire Council Cultural Plan and Council’s Public Art Policy where they apply to the development process.

2. To recognise the importance of artistic expression to community well-being.

3. To cultivate a climate in which innovative and creative design and public Art contribute to the cultural life, liveability and amenity of Byron Shire.

4. To encourage public art that is:

a) Integral to social and cultural development as outlined in the Byron Shire Community Strategic Plan.

b) Developed and managed by appropriate procedures and processes

c) Created considering standards of excellence, in a professional manner

d) Adequately planned with relevant stakeholders throughout the project duration, with partnerships and collaboration encouraged

e) Meaningful, aesthetically stimulating and site specific

f) Aimed to provide a cultural outcome

g) Supportive of local creative industries

5. To facilitate the provision of public art through the development process that:

a) Encourages innovative, original work with high artistic merit

b) is reflective and responsive to local culture, including the local Aboriginal context, if relevant

c) Adds life, texture and interest to the site

d) Encourages the use of innovative materials including environmentally sustainable and eco-friendly material

e) Is durable, robust, and of quality, low-maintenance materials, and if applicable, be treated with anti-graffiti coating

f) Comply with all relevant Australian Standards and Building Codes and Regulations with regard to public safety

g) Enhance existing public art assets of the Shire.

6. To specify considerations for the assessment of murals.

7. To enable equivalent financial contributions in lieu of providing public art.

8. To specify requirements for a development application for the provision of public art.

D8.1.2 Application of this Chapter

1. This Chapter applies to Development Applications for projects that:

a) have an estimated cost greater than $1,000,000 (calculated in accordance with the Environmental Planning & Assessment Regulation); and

b) are located on land (partly or wholly) within zones RU2, RU5, B1, B2, B4, B7, SP3 or W2; and

c) include development for one or more of the following purposes:

i) business premises

ii) entertainment facility

iii) function centres

iv) marina

v) office premises

vi) recreation area

vii) recreation facility (indoor, major and/ or outdoor)

viii) registered club

ix) retail premises

x) tourist and visitor accommodation.

3. This chapter applies to the provision of murals requiring development consent under Byron LEP 2014, Part 5.10 – Heritage Conservation.

Note:

· Public Art Policy

· Public Art Strategy

· Public Art Guidelines and Criteria

The recommendations of the Public Art Panel will be presented to Council as required. Public art not approved via the Public Art Panel will be subject to removal.

Unsolicited offers of permanent public art to be located on Council owned or managed land are to be managed in accordance with Council’s Public Art Guidelines & Criteria.

D8.2 General Provisions

D8.2.1 Provision of Public Art

Objectives

1. To facilitate the provision of public art through the development process.

Performance Criteria

Note:

Preparation of a Voluntary Planning Agreement (VPA) is to be coordinated with Council’s Section 94 Officer.

Prescriptive Measures

a) A statement that explains the rationale behind the artwork and demonstrates how it will relate to the proposed development and site.

b) Details of the nature, materials and form of the proposed public art.

c) Define and illustrate the intended location and approximate size of the artwork

d) Pprovide a program for documentation, fabrication and installation, and integration with the construction program for the development.