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Economic Regeneration & Leisure Committee

19 April 2022

 

Decommissioning Public Art Policy

 

Final Decision-Maker

Economic Regeneration and Leisure Committee

Lead Head of Service

John Foster, Head of Regeneration & Economic Development

Lead Officer and Report Author

Ann-Marie Langley, Arts & Culture Officer

Classification

Public

Wards affected

ALL

 

Executive Summary

Maidstone Borough Council currently has no formal policy or procedure for decommissioning public artworks.

 

The proposed policy addresses both the decommissioning of existing public art and planning for the decommissioning of new works.

 

Purpose of Report

 

Decision

 

 

This report makes the following recommendations to this Committee:

1.   That the Decommissioning Public Art Policy be adopted

 

 

Timetable

Meeting

Date

Economic Regeneration & Leisure Committee

19 April 2022



Decommissioning Public Art Policy

 

1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

 

Issue

Implications

Sign-off

Impact on Corporate Priorities

The four Strategic Plan objectives are:

 

·         Embracing Growth and Enabling Infrastructure

·         Safe, Clean and Green

·         Homes and Communities

·         A Thriving Place

·         We do not expect the recommendation will by itself materially affect achievement of corporate priorities. However, it will support the Council’s overall achievement of its aims as set out in section 3 [preferred alternative].

Head of Regeneration & Economic Development

Cross Cutting Objectives

The four cross-cutting objectives are:

 

·         Heritage is Respected

·         Health Inequalities are Addressed and Reduced

·         Deprivation and Social Mobility is Improved

·         Biodiversity and Environmental Sustainability is respected

 

The recommendation does not impact on the four cross-cutting objectives

 

Head of Regeneration & Economic Development

Risk Management

Refer to paragraph 5 of this report

 

Head of Regeneration & Economic Development

Financial

The cost of monitoring public art and taking steps to decommission any artworks in line with the policy will need to be managed within existing available budgets.

Section 151 Officer & Finance Team

Staffing

We will deliver the recommendation with our current staffing.

Head of Regeneration & Economic Development

Legal

Acting on the recommendation will require future contracts for public art commissions to include specific clauses on life expectancy, maintenance and decommissioning.

 

Team leader, Contracts & Commissioning

Privacy and Data Protection

Accepting the recommendation will not increase the volume of data held by the Council. 

Policy and Information Team

Equalities

The recommendation does not propose a change in service therefore will not require an equalities impact assessment

Policy & Information Manager

Public Health

 

 

We recognise that the recommendation will not negatively impact on population health or that of individuals.

Head of Regeneration & Economic Development

Crime and Disorder

Accepting the recommendation will have no impact on Crime and Disorder.

 

Head of Regeneration & Economic Development

Procurement

The recommendation does not require any procurement activities

Head of Regeneration & Economic Development

 

Section 151 Officer

Biodiversity and Climate Change

The implications of this report on biodiversity and climate change have been considered and action should be taken to ensure that, where an artwork is to be decommissioned, all materials are recycled/reused wherever possible.

 

Biodiversity and Climate Change Officer

 

 

2.     INTRODUCTION AND BACKGROUND

 

2.1     Public art is most commonly located outdoors where it is exposed to all weathers and daily wear and tear. It is also vulnerable to vandalism and site redevelopment. Public artworks may begin to look tired, out of context or lose relevance for a site.

 

2.2     It may sometimes become necessary to relocate or temporarily/ permanently remove a piece of public artwork.

 

2.3     Maidstone Borough Council currently has no formal policy or procedure for decommissioning public artworks.

 

2.4     This policy seeks to address the decommissioning of existing public art and planning for the decommissioning of new works

 

 

3.   AVAILABLE OPTIONS

 

3.1     The Committee may choose to keep the status quo. This is not recommended as there is currently no guidance for officers charged with decommissioning public art.

 

This means best practice may not be followed and opportunities to relocate/repurpose artworks may be missed.

 

3.2     The Committee may choose to adopt the policy.

 

This will ensure that public artworks are recorded and maintained, retaining relevance to their location and available for public enjoyment.

 

In the event that decommissioning becomes necessary, it will establish a formal procedure that is a fair, reasonable and transparent experience for all participants.

 

It will also provide guidance for new commissions regarding contracts and decommissioning clauses.

 

 

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

 

4.1     Option 3.2 is the preferred option as this will provide clear guidance for officers dealing with any future decommissioning or relocation of public artworks.

 

 

 

5.       RISK

5.1     The risks associated with this proposal, including the risks if the Council does not act as recommended, have been considered in line with the Council’s Risk Management Framework. We are satisfied that the risks associated are within the Council’s risk appetite and will be managed as per the Policy.

 

 

6.       CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

 

6.1     The Arts & Culture Officer was recently tasked with looking into decommissioning the ‘Morning Thoughts’ public artwork. The officer sought internal guidance on correct procedures for this but discovered the Council has no formal policy. They were therefore asked to develop a suitable policy to address this.

 

6.2     The proposed policy is the result of desk-based research into this subject, including national guidance (Arts Council England, IXIA: public art think tank) and best practice from other local authorities.

 

 

7.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

 

7.1     The next steps will be for the policy to be implemented by the Arts & Culture Officer

 

7.2     The policy will be added to the Maidstone Borough Council website

 

 

 

 

8.        REPORT APPENDICES

 

The following documents are to be published with this report and form part of the report:

·         Appendix 1: Decommissioning Public Art Policy

 

 

9.        BACKGROUND PAPERS

 

None