4. Guidance for developers / commissioners

How do we start to create the project?

After the public art requirement has been determined as part of the planning process it is advisable to seek further input from the relevant Council's public art or arts development officer. Through discussions it will be easier to determine the scope for the project such as; 

  1. Who will manage the project and lead on decision making?
  2. Where is the site?
  3. What is the scope for the work – location, size, materials, function
  4. Are there any constraints?
  5. Who will owns the art work?
  6. Who manages and maintains the artwork?
  7. Are there any community engagement plans
    • Who will benefit?
    • Have you a theme or inspiring idea?
    • What local arts groups can be involved?
    • Will it help with the marketing of the development
    • How will you inform new residents?

Determining the process may include the following:

  • Write brief
  • Advertise for artist
  • Interview artist
  • Contract artist for design phase
  • Artist conduct research/workshop etc
  • Present design/s
  • Design adjustments
  • Apply for planning permission
  • Contract artist for fabrication phase
  • Making
  • Installation
  • Launch/unveil

 

Where to start with commissioning an artist?

There are a number of ways to appoint an artist. First you need to decide which selection method to use:

  • advertise locally, nationally or internationally - in this process you choose the artist based on their work and experience rather than any specific detailed proposal. You could shortlist and interview say 4 artists but should pay them a fee to attend the interview.
  • invite a small number of artists to produce a proposal and invite for interview. The artists should be paid a fee to come up with a specific proposal for the project.
  • approach an artist directly and invite them to undertake the commission. In this process you choose the artist based on their work and experience rather than any  specific detailed proposal. In some cases an artist might approach you with a proposal.

Where can we find artists?

The Arts Development service can help search for artist. You can also search online on sites such as: http://www.axisweb.org/Directory.aspx,
http://www.rbs.org.uk/
http://www.photostore.org.uk/HOME.aspx

More specialized sites such as:
British Artists Blacksmiths Association - http://www.baba.org.uk/.

Commissions for artists can be easily advertised in the arts press both nationally on sites such as http://www.a-n.co.uk/ and locally for free on www.oxonarts.info

What should be included in an artists brief?

All commissions, however small, should be accompanied by an artist's brief which should aim to foster, rather than restrict, the creativity and imagination of the artist.  The artist's brief should include the following information:

  • General description of the project
  • Aims and objectives of the commission
  • Description of the artist's role
  • Scope for the work; any themes, preferred materials or locations
  • Appointment procedure
  • Membership and responsibilities of the steering group
  • Details of team members, role and responsibilities
  • Management of the project
  • Plans for community consultation and involvement
  • Maintenance and durability
  • Timetable
  • Budget
  • Artists copyright position and clarifications of ownership
  • Planning requirements if needed
  • Consideration of risk and impact on local community and amenities

Does each commission need to involve the community?

Commissioners should consider appropriate ways of involving the public in new projects.
These may include community consultation on schemes, artist's residencies, workshops, exhibitions or presentation and talks. However, some developments will be commissioning public works of art before communities have moved in. Therefore advice on community involvement must be sought from the relevant Council's public art or arts development officer.

Do I need to contract the artist?

A contract is often a 2 way agreement but can also involve more parties – including artist, developer, landowner (or future management company) and even subcontractors.  If you want to know what to expect from a contract then contact the relevant Council's public art or arts development officer.

There are a number of sample contracts available but they need to be made specific to your project and you should always seek legal advice. See a-n The Artists Information Company (www.a-n.co.uk ) and the Royal Society of British Sculptors (www.rbs.org.uk). A contract should cover the following

  • Scope of the work, design development and brief
  • Insurance and indemnities
  • Ownership, copyright and moral rights
  • Fees, costs, payment schedule
  • Defects and warranty terms
  • Key contractual dates
  • Site preparations, installation and maintenance obligations
  • Arbitration – who can mediate when/if things go wrong
  • A schedule detailing the size, materials, location and technical details of the work

Is further planning permission required?

A public art feature, if previously included as part of a previous planning application, does not need its own planning permission.

If however it was not indicated on the plans or the location was not specified at the time of full planning consent then further approvals for the artwork need to be sought. All proposals for art features need to be discussed with the planning department at the relevant Council.

Some more functional items such as street furniture, railings, paving and lighting may not need further planning permission. However if the feature is a 'stand-alone' work and over 1.5m tall, a planning application will be required

A planning application will require you to submit as much information about your proposal as possible, including a design statement, location and site plans, sketches, photos, materials used, site ownership, risk assessments, certificates, scale and measurements, installation plan, nature of any community involvement, considerations to neighbours and local people and a maintenance plan.