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 Code of Conduct for Councillors (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 the Code of Conduct for Councillors.

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.

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 of the provisions in the Code of Conduct (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 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 Draft Public Art Annual Small Grants Program

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2020/177

Summary:

Following Public Art Panel consideration of the strategic priorities in encouraging and enabling public art across the Shire at the 14 November 2019 meeting, a Draft Public Art Annual Small Grants Program has been developed and provided for consideration of the Panel.

The suggestion is made to allocate $5000 per annum to this Program, awarding the funding to either one or two projects based on applications as assessed against the criteria.

The public art objectives and priorities are based on the Public Art Policy and the Public Art Strategy. The draft Program is based on Council’s successful Community Initiatives Program with regard to eligibility and terms and conditions.

The Program would be advertised annually, with the Public Art Panel assessing the applications that progress through the initial compliance assessment.

RECOMMENDATION:

1. That the Public Art Panel provides any feedback to staff about the draft Public Art Annual Small Grants Program.

2. That the Public Art Panel recommends to Council to adopt the Public Art Annual Small Grants Program (incorporating feedback as per point 1) and prepare to advertise the first round.

Attachments:

1 DRAFT Public Art Annual Small Grants Program, E2019/91065 , page 7⇩

REPORT

Background

The Public Art Panel considered a report regarding a proactive approach to encouraging and enabling public art across the Shire in line with the current public art strategy including strategic priorities, budget planning and decision making considerations. An annual competitive grant process was identified as a strategic priority.

Council is often approached by community groups and artists with requests for financial and other support for projects such as local art events and temporary artworks, e.g. murals. These requests are not necessarily aligned with the priorities outlined in the Public Art Strategy and nor do they represent the geographical spread of locations within the Shire. Given the limited budget for public art and desire to improve both equity and outcomes, an annual competitive grant process is considered as one way to improve outcomes for both Council and the community.

Key Considerations

The attached document proposes the draft program description, objectives, initial priorities, eligibility criteria and assessment criteria.

The suggestion is to allocate $5000 per annum to this Program, awarding the funding to either one or two projects based on applications as assessed against the criteria.

The Program would be advertised annually, with the Public Art Panel assessing the applications that progress through the initial compliance assessment.

Anticipated Outcomes of the Program

1. Provide an equitable framework and process to assess a range of projects, public art-based events and small public art proposals for Council support, where there is currently no provision;

2. Provide an opportunity for community members/groups to strengthen links and increase community involvement in public art activities;

3. Target priority groups, areas and issues in alignment with Council and community goals;

4. Strengthen Council relationship with the artistic community in the Shire through engagement and recognising and valuing their participation in Council business; and

5. Increase the number and type of partnerships delivering public art projects in Byron Shire.

Program Evaluation

The program evaluation could include:

· Quality and number of activities delivered successfully;

· Value for money;

· Community feedback;

· Partnerships and support networks that are developed and encouraged through this process;

· Artwork that is created in a professional manner;

· Relevance and appropriateness of the work to the site;

· Improved image and perception of public art in the Shire; and

· Improved knowledge amongst the community of Council’s support for public art in the Shire.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.1

Support and encourage our vibrant culture and creativity

2.1.3

Enhance opportunities for interaction with art in public spaces

2.1.3.1

Implement Public Art Strategy

Legal/Statutory/Policy Considerations

Public Art Policy – adopted August 2018.

Public Art Strategy – adopted August 2018.

Public Art Guidelines – adopted December 2019.

Financial Considerations

The draft public art budget allocation for 2020/21 is $16,900 so if $5,000 is allocated to the program for 2020-2021, this would leave $11,900 for other Public Art activities.

It is anticipated the staff time associated with this project would be up to 30 hours depending on the number of applicants to the Program.

Consultation and Engagement

Community and Cultural Development Team

Consultation was undertaken with key stakeholders in the development of the Public Art Strategy.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1 - Attachment 1

DRAFT Public Art Annual Small Grants Program

Description

The annual Public Art Small Grants of up to $5000 are available for community-driven public art-based projects. The grant may be allocated between a maximum of two projects to deliver one or more of the public art priorities listed below.

The program will offer Council support and financial assistance, with applications open June each year, subject to the adoption of the budget for the following financial year.

Public Art Objectives

On the application form, you will need to consider how your project:

1. Fits with the Public Art priorities (as outlined below);

2. Is well planned and has engaged all stakeholders;

3. Is developed and managed in a professional way (refer Public Art Guidelines for further information);

4. Involves or engages audiences in its development/ presentation (or both);

5. Is meaningful, aesthetically stimulating and site specific;

6. Demonstrates artistic excellence;

7. Communicates a theme that showcases local values; and

8. Supports local artists and creative individuals and organisations.

Projects that can identify a third party partnership in either supporting the project or assistance with the delivery of the project will be highly regarded.

Public Art Priorities for 2020

Your project needs to meet one or more of the following priorities from Council’s Operational Plan and Public Art Strategy:

· Strengthens partnerships and collaborations within the community.

· Improves the knowledge and perception of public art in the community – for example, provides community based workshops/ other innovative engagement opportunities.

· Advances advocacy and education of public art, such as forums, workshops, mentoring and assisting artists to upskill in the area of public art.

· Generates temporary artworks including digital and virtual artworks and temporary placemaking/ community projects.

· Integrates art into public domains, such as seats, lights, banner poles, tree guards, paving, beach amenities (refer Public Art Strategy p28). Note these need to meet Australian Standards for safety.

· Uses the Value Driven Approaches outlined in the Public Art Strategy (p23-24) or similar for any proposed permanent artworks.

The Appendix to the Public Art Strategy outlines several innovative ideas for art forms and projects.

Assessment Criteria

When evaluating submissions for this program, Council will be looking for applications that demonstrate some of the following assessment criteria:

Essential Criteria

· All items in the checklist and declaration (in the Application Form) are supported with appropriate attachments (note: incomplete applications will not be considered).

· The project is within the Byron Shire.

· The project meets the public art objectives and one or more of the priorities listed above.

· The artwork/ project is of a high standard of artistic merit, technical and structural design, and execution.

· The artwork/ project location is appropriate and the relevant approvals are in place.

· Installation methodology is appropriately considered and outlined.

· The artwork/ project does not pose a safety risk and meets relevant building and safety standards.

· The artist demonstrates relevant experience and capacity.

· The installation and construction documentation of the project is appropriate.

· The timeline for the project is achievable.

· Maintenance of any permanent artwork fits within identified budgets.

Preferred Criteria

· Will involve community members in the project delivery.

· Has broad appeal including inter-generational and multi-cultural.

· Incorporates innovative ideas into the project.

· Shows income (cash and/ or in-kind) from sources other than Byron Shire Council.

What will not be funded

· Money for personal use, operational expenses, capital or equipment purchases.

· Public Art projects outside the Byron Shire.

· Ongoing or recurrent projects.

· Cash prizes or commercial gifts.

· Projects that have already been commenced (funds will not be supplied retrospectively).

· Any organisation or individual that has received public art funding from Byron Shire Council within the last twelve months.

Terms, Conditions and approvals process

Successful applicants will need to hold an ABN and will be required to have Public Liability insurance to the value of $20 million.

Funding is allocated at the discretion of Council and subject to budgetary constraints. No application is guaranteed funding support.

Projects must be submitted on the Application Form provided, with supporting information attached if relevant (refer to the checklist in the application form). The following templates are provided and should be completed and submitted together:

1. Application Form

2. Risk Assessment

Each project will be evaluated based on the assessment criteria. Late or incomplete applications will not be considered. Projects must be completed within a 12-month timeframe.

Applicants can apply for one grant per funding round and have no outstanding grant acquittals or debts owning to Council. Applicants with limited financial means to access other sources of funding for the proposed project will be prioritised.

The closing date for this round is 4pm XXXXXX

An information Session will be held XXXXX

The Public Art Panel will assess the application against the criteria and make a recommendation to Council about the grant project proposal. If Council endorses the recommendation, the applicant(s) will be notified in writing that their project has been approved for grant funding.

· Once the project has been approved, work can commence.

· The grant will be paid in two instalments – one instalment at the commencement of the project, and one instalment at the conclusion of the project to the satisfaction of Byron Shire Council.

· An acquittal report will be required to receive the final instalment of funds which can be used to summarise the project, the purpose of the project, who was involved, the outcomes, how the money was spent and including at least one photo. (Draft acquittal form E2015/39672.)

· Projects will preferably be no longer than a maximum of 9 months duration, and need to be completed within twelve months of commencement.

Please note that unsuccessful applications may not necessarily be due to a poor application, but may be due to the competitive nature of the funding round.

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

bsc_logo300dpi Byron Shire Council

Public Art Annual Small Grants Program Application Form

All applications must be submitted on this form. (E2019/XXXX))
If you have insufficient space, please attach additional pages.
Please return to jmcmurtry@byron.nsw.gov.au by XXXX.

For further information please phone 6626 7316.

Public Art Project Name
Date
Name of Business or Organisation (if applicable)
Contact Name
Address
Email
Telephone		Mobile
Public Artwork/ Project Description (limit 50 words)








Location and construction
Please list exact location/s, artwork materials and construction details, dimensions, estimated life of the artwork. Ideally include engineering advice, construction drawings and the installation methodology details.







Project Date/s


Project Methodology A plan of your project which includes timelines, key milestones and outlines ‘how’ the project will be implemented.






Please outline how your project fits with the Public Art Priorities and Council’s Plans.




How does your project meet the identified public art objectives listed below? Please tick all that apply
¨ Includes collaboration with stakeholders and strengthens community relationships through partnering and/or engagement opportunities.

¨ Was developed and will be managed in a professional way using appropriate procedures and processes.

¨ Involves or engages audiences in its development/ presentation (or both).

¨ Artwork is meaningful, aesthetically stimulating and site specific.

¨ Demonstrates artistic excellence.

¨ Art communicates a theme which showcases local values, social and cultural diversity, including respectful historical themes and/or Aboriginal cultural heritage

¨ Supports local artists and creative individuals and organisations is incorporated, assisting in building capacity of local artists, for example, providing mentoring opportunities for youth


Artist details (limit 200 words) Please list the name of the artist overseeing the project, or artists involved, and give a brief overview of relevant experience in similar projects. Please attach as supporting information relevant examples of previous work of the artist/s that demonstrate experience in a similar project (No more than two pages or maximum 5 images per artist). You may also attach industry references or letters of support (maximum 3).







Artist Impression/ concept designs
Please provide photos/ drawings providing visual samples or concept designs of proposed work.





Maintenance Schedule Please provide details of maintenance the artwork is likely to need once installed. For example, regular cleaning (with what), part replacements, inspection details. Please list details of any treatments, protection or coatings required or applied and the frequency of reapplication and the details of the recommended products.

Budget

	Income	Byron Shire Council funded	Other funding sources	Donations
1	Council grant funds
2	Sponsorship/ partnership
3
4
Total

	Expenses	Byron Shire Council funded	Other funding sources	Donations
1	Example: Materials
2	Artist fees
3	Equipment hire
4	Site preparation
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Total

Attachments checklist and Declaration

¨ I have read the Public Art Annual Small Grants Program guidelines.

¨ I understand the project must be completed within a 12-month time frame.

¨ I have obtained/ am seeking the necessary permission from the landholder, as follows:

¨ I have received permission from the land owner (if other than Council) to install the proposed public art and I attach a copy of the written consent.

¨ Through this application, I seek permission from Council for the public art project detailed in this form.

¨ No landholder permission is required.

¨ I have completed all sections of the Application Form, including the budget template.

¨ A completed Risk Assessment is attached. All artwork in the public domain must undergo a risk assessment. If you require assistance in completing a risk assessment, please contact Council on the details provided.

¨ The project is auspiced by an organisation or individual that holds appropriate insurance. Public liability insurance Certificate of Currency is attached.

¨ Any photos/ drawings/ concept designs of the proposed artwork are attached.

¨ Examples of previous work of the artist/s is attached.

¨ Letters of support/ industry references are attached if relevant.

¨ Declaration below is signed.

Declaration

I certify that, to the best of my knowledge, the information in this document is true and correct.

I understand that I may be required to provide additional information if requested by Byron Shire Council.

I understand that Byron Shire Council may use the information in and attached to this document, including images.

Print name
Signature
Date

PLEASE NOTE: INCOMPLETE OR LATE APPLICATIONS WILL NOT BE CONSIDERED

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2

Report No. 4.2 Update from Creative Mullumbimby - Mullumbimby Sculpture Walk

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2020/367

Summary:

This report seeks endorsement for the relocation of the Immaculate Concept of the Mind sculpture and provides an update from Creative Mullumbimby regarding further Ingenuity Festival sculptures.

The report also provides an update from Creative Mullumbimby regarding an intention to work with Council on a new MOU in relation to priority projects from the Mullumbimby Masterplan.

RECOMMENDATION:

That Council approves the relocation of Immaculate Concept of the Mind sculpture from Palm Park to Stan Robinson Park adjacent to the Council Chambers for a five year period, noting the costs of staff support for the move will be incorporated within existing budgets.

Attachments:

1 INGENUITY 2019 Report from Creative Mullumbimby, E2020/16056 , page 19 ⇩

2 Public Art Asset Registration Immaculate Mind, E2020/15839 , page 28⇩

3 Immaculate Mind - artist info, E2020/15840 , page 30⇩

4 Public Art Risk Assessment - Immaculate Mind, E2020/15842 , page 31⇩

REPORT

Council entered into a Memorandum of Understanding with Creative Mullumbimby in May 2018 (Res 18-291). This report provides an update regarding the Ingenuity Festival sculptures and an intention to work with Council on a new MOU.

Ingenuity Festival sculptures update

Creative Mullumbimby hasprovided a report outlining the outcomes from Ingenuity Festival 2019 which is provided in the attachments.

Creative Mullumbimby reports that the Echoes of Chincogan artwork (previously know as Elevate) is a work in progress.

Immaculate Concept of the Mind

Creative Mullumbimby is seeking support to display this sculpture under loan. The information about the sculpture is contained in the first three attachments. It is a carved sandstone sculpture. It is currently displayed in the park at Brunswick Terrace and is proposed to be relocated to Stan Robinson Park adjacent to the Mullumbimby Council Chambers building. This relocation is supported in principle by the patron who financed the acquisitive loan prize and Council Open Spaces staff.

The artist would move the sculpture and has requested Council staff assistance with providing a concrete slab for the base and supervision and advice during the relocation.

Immaculate Concept of the Mind Proposed location in Stan Robinson Park

Memorandum of Understanding

The existing MOU between Council and Creative Mullumbimby frames how both parties can work together in a way that is clearly outlined and achievable.

With the adoption of the Mullumbimby Masterplan, Creative Mullumbimby is commencing planning to deliver key projects arising from that process. They will be seeking a new MOU with Council to collaborate where possible on those projects.

Council has established a new Place Planning Collective (committee) and will have a Place Liaison Officer commencing early April to work on implementing Place Plans/ Master Plans with communities. The new MOU will sit within this context and there may be future reports to the Public Art Panel for any public artworks proposed or included in these plans.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

	CSP Objective	L2	CSP Strategy	L3		DP Action	L4		OP Activity
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community		2.1	Support and encourage our vibrant culture and creativity	2.1.3	Enhance opportunities for interaction with art in public spaces		2.1.3.1	Implement Public Art Strategy
Community Objective 4: We manage growth and change responsibly		4.1	Support the visions and aspirations of local communities through place-based planning and management	4.1.1	Develop, implement and update Place Plans that promote place-based forward planning strategies and actions		4.1.1.3	Early delivery of Our Mullumbimby Masterplan through seed funding activation project

Legal/Statutory/Policy Considerations

Public Art Policy

Public Art Strategy

Public Art Guidelines

MOU between Council and Creative Mullumbimby

Reviewed by Legal Counsel: ☐

Financial Considerations

An existing concrete slab has been identified as appropriate for the sculpture relocation. The slab was surplus to existing needs and has been made available at no cost. The Open Spaces team will transport the slab and install the sculpture. The estimated cost of $250 will be incorporated into the existing Open Spaces budget.

Sculpture transport and related costs will need to be organised independently by Creative Mullumbimby.

Reviewed by Manager Finance: ☐

Consultation and Engagement

Open Spaces Team

Creative Mullumbimby have undertaken their own consultation.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2 - Attachment 2

bsc_logo_cmyk_solid_colour Public Art Asset Application pro forma

Please refer to Sections 6 and 7 of the Public Art Guidelines and Criteria.

Title of Artwork:

The Immaculate Concept of the Mind

Name of Artist:

Antone Bruinsma

Type of Artwork Proposed:

Stone sculpture

Artwork Materials and Construction Details:

Carved sandstone

Date of creation (date of artwork)

2019

Dimensions

1100mm H X 600mm W X 1200mm D

Proposed Location of Artwork:

IN Park outside Council Chambers Mullumbimby

Proposed Signage for Artwork:

metal plaque

Do you have public liability insurance?

yes

Procurement Method (check box as applicable):

Commission

Direct purchase

Donation

X Loan – proposed period of loan:_______________

Date of Procurement:

November 2019

Estimated Life of Artwork:

50 years

Value of Artwork (estimate if unknown):

12000

Attach copies of the following (check box as applicable):

Artist’s CV (including examples of previous relevant work)

Artistic statement

Photos/design drawings/ specifications providing visual samples of proposed work (photo’s should be attached as jpegs no less than 300dpi)

Risk Assessment (template available)

Maintenance manual (template available)

This form, with attachments, should be sent to the Public Art Asset Officer.

Your application will be considered at the next available PAAP meeting.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2 - Attachment 4

Public Art Risk Assessment

Please refer to Section 11 of the Public Art Guidelines and Criteria to ensure all aspects of risk assessment are considered.

Risk Assessment and Hazard Control Summary of Public Art

Risk Category & Hazard	Risk Rating	Possible Cause	Control Measure	Residual Risk Rating
OH&S
Slippery or loose surfaces/sharp edges on artwork.	medium	Public falling	Location off path	LOW
Potential for injury or illness to public.	Low	Public failing	As above	LOW
Manual handling required during installation.	medium	Crane or operator failing	Professional handler	LOW
Traffic Hazards.	Low	The vehicle will be off the road	Site managed	LOW
Engineer report required?	no	Work will find repose and immovability	Weight of sculpture	LOW
Concrete pads or barriers required?	medium	Vulnerability to maintenance	Concrete base to elevate	LOW
Public Liability
Stable foundation.	LOW	immovability	Weight of sculpture	LOW
Need for lighting/illumination.	no		Located off path	LOW
Need for enclosure.	no		Solid stone	LOW
Is infrastructure sound?	yes			LOW
Ongoing safety checks required to ensure stability?	no			LOW

Environmental hazard check including earthquake, winds and flood required?	No	LOW
Environment
Impact on environment/earth collapse or erosion.	none	LOW
Potential impact on flora and fauna, air, soil, waterways or drains, noise.	Minor, almost negligible, excavation required	LOW
Financial
Financial impacts – immediate and ongoing.	Concrete slab base is property of Byron Shire council. Locating this is required contribution.	LOW
Governance, Contractual & Legal
Loan for 5 years.		LOW
Political, Reputation & Image
All public art attracts comment		medium
Other

Risk Rating Matrix

			Insignificant	Minor	Moderate	Major	Catastrophic
		Governance, Contractual and Legal	Isolated non-compliance or breach; minimal failure of internal controls managed by normal operations; negligible financial impact.	Contained non-compliance or breach with short term significance, some impact on normal operations and minor financial impact.	Serious breach involving statutory authority or investigation; significant failure of internal controls; prosecution possible with significant financial impact.	Major breach with fines and litigation; critical failure of internal controls; long term significance and major financial impact.	Extensive fines and litigation with possible class action; threat to viability of organisation, program or service.
		Public Liability or OH&S	Injuries or ailments not requiring medical treatment; minimal loss to organisation.	Minor injury or First Aid Treatment Case; medium loss to organisation.	Serious injury causing hospitalisation or multiple medical treatment cases; high loss to organisation.	Life threatening injury or multiple serious injuries causing hospitalisation; very high loss to organisation.	Death or multiple life threatening injuries; worst case loss to organisation.
		OH&S	Injuries or ailments not requiring medical treatment	Minor injury or First Aid Treatment Case	Serious injury causing hospitalisation or multiple medical treatment cases	Life threatening injury or multiple serious injuries causing hospitalisation	Death or multiple life threatening injuries
		Environment	Minimal environmental impact; isolated release only	Minor environmental impact; on-site release immediately controlled.	Significant environmental impact; on-site release contained with assistance.	Major environmental impact; release spreading off-site; contained with external assistance.	Fatalities occur; extensive release off-site; requires long term remediation.
		Financial	1% of Budget or <$5K	2.5% of Budget or <$50K	> 5% of Budget or <$500K	> 10% of Budget or <$5M	>25% of Budget or >$5M
		Political, Reputation & Image	Isolated, internal or minimal adverse attention or complaint. No impact on funding or political support.	Heightened local community concern or criticism. Possible minor impact on funding and political support at local level.	Significant public criticism with or without media attention. Significant impact on funding and/or political support at local level.	Serious public or media outcry, broad media attention. Major impact on funding and/or political support at local and state level.	Extensive public outcry; potential national media attention. Complete removal of funding source and/or political support.
		Matrix	1	2	3	4	5
Almost Certain	Is expected to occur in most circumstances	5	Medium	High	High	Extreme	Extreme
Likely	Will probably occur	4	Medium	Medium	High	High	Extreme
Possible	Might occur at some time in the future	3	Low	Medium	Medium	High	Extreme
Unlikely	Could occur but doubtful	2	Low	Medium	Medium	High	High *
Rare	May occur in exceptional circumstances	1	Low	Low	Medium	Medium	High *

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3

Report No. 4.3 Public Art in development - 139 Jonson St Byron Bay

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Project Officer

File No: I2020/465

Theme: Society and Culture

Community Development

Summary:

The report presents a preliminary public art plan for the development at 139 Jonson St, Byron Bay for Public Art Panel review.

RECOMMENDATION:

That the Public Art Panel reviews the Preliminary Public Art Plan for 139 Jonson St, Byron Bay and provides feedback and comments to enable the assessment planning officer to proceed with the DA assessment process.

Attachments:

1 139 Jonson St Byron Bay - PRELIMINARY Public Art Plan March 2020, E2020/22283 , page 37 ⇩

Report

The revised and updated Public Art Chapter D8 of the Byron Shire Development Control Plan 2014 came into effect on 11 September 2019.

The attached Preliminary Public Art Plan has been provided for 139 Jonson St Byron Bay to support DA 10.2019.616.1. That DA proposes a mixed-use three-storey development involving shops, offices and a café at ground level, with two levels of residential apartments above.

The design of the building includes a central courtyard/ landscaped space, effectively separating the development into two buildings either side of the courtyard and an open pedestrian walkway connecting from the corner of Jonson and Browning Streets to Ruskin Lane.

Under the new DCP:

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

a) Preliminary Public Art Plan to be submitted with the Master Plan for Master Plan sites or with the Stage 1 development application.

The Preliminary Public Art Plan should include an analysis of the locational context, 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. Once submitted, the Preliminary Public Art Plan will be referred to the Public Art Panel for review.

b) Public Art Plan to be submitted by the applicant at the DA Stage of a Master Plan site or with the Stage 2 development application

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.

Once submitted, the Public Art Plan will be referred by Council assessment officers to the Public Art Panel for review.

c) Public Art Report to be submitted at Occupation Certificate Stage

The 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 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.

The Preliminary Public Art Plan is attached for the Public Art Panel’s review. Feedback from the Panel will be collated and provided to the planning assessment officer for this development.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

	CSP Objective	L2	CSP Strategy	L3		DP Action	L4		OP Activity
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community		2.1	Support and encourage our vibrant culture and creativity	2.1.3	Enhance opportunities for interaction with art in public spaces		2.1.3.1	Implement Public Art Strategy