Draft Supplementary Planning Guidance - Percent for Art

Revised draft for consultation: supplementary planning guidance

Percent for Art

March 2026

R.44/2026 Revised draft for consultation - SPG: Percent for Art | 1

Contents

1. Introduction ...................................................................................................................................................... 4
2. Interpretation and scope .............................................................................................................................. 4
3. Policy context ................................................................................................................................................... 8
4. Requirements for public art in development ......................................................................................... 9
5. Exemptions ...................................................................................................................................................... 10
6. Commissioning and procurement ........................................................................................................... 10
7. Planning process and decision-making .................................................................................................. 11
8. Transitional provisions ................................................................................................................................. 13 Appendix 1: Public art delivery checklist .......................................................................................................... 15 Appendix 2: Preliminary Public Art Statement (Pre-Application Advice).............................................. 16 Appendix 3: Public Art Statement (Planning Application) ......................................................................... 18 Appendix 4: Outline Public Art Statement (Outline Planning Application) ..........................................20

List of tables and figures

Table 1: What counts as public art ....................................................................................................................... 6

Figure 1: Outline application decision tree ..................................................................................................... 12 Figure 2: Engaging the planning process........................................................................................................ 13

Cover image: Zheng Lu, Sail (2023), marine-grade stainless steel, Horizon development, St Helier

About supplementary planning guidance

The Minister for the Environment may publish supplementary planning guidance in the form of guidelines and policies in respect of development generally; any class of development; the development of any area of land; or the development of a specified site[1]. Supplementary planning guidance is designed to operate under the Island Plan and is complementary but subordinate to it.

Supplementary planning guidance may cover a range of issues, both thematic and site specific, and provides further detail about either policies and proposals in the Island Plan, or other issues relevant to the planning process.

Where relevant, supplementary planning guidance will be taken into account as a material consideration when making planning decisions.

The current supplementary planning guidance is listed and can be viewed online.

1. Introduction

Public art is a vital element of high-quality place-making. Its role within development is to:

• Enhance the public realm and reinforce the identity, character, and distinctiveness of place.

• Encourage community engagement and participation in cultural and artistic experiences.

• Deliver cultural, social, and artistic value proportionate to the scale and impact of the development.

• Support Jersey's arts strategy by integrating arts practice into everyday public spaces and the built environment.

Public art should be considered early in the design process and integrated thoughtfully with architecture, landscape, and infrastructure to ensure coherence, accessibility, and long-term impact.

This supplementary planning guidance (SPG) updates and replaces the 2008 Percentage for Art SPG. It reflects current Island Plan Policy GD10: Percent for art and aligns with Theme 3 (Arts, Environment and Placemaking) of The Creative Island: An Arts Strategy for Jersey 2022–27[2] (Art Strategy). Issued under the Planning and Building (Jersey) Law 2002, this SPG provides practical guidance on interpreting and applying the policy, including what constitutes public art, how it should be integrated into development, and what information is expected through the planning process.

2. Interpretation and scope

For the purposes of this SPG, public art means:

Public art is artist-led creative work enabled through development and secured through the planning process. It must be publicly accessible and provided within the development site. Where this is not reasonably achievable, applicants may justify off-site provision within the vicinity of the development on publicly accessible land, with the agreement of the landowner. In exceptional circumstances, and where an area-specific public art framework is in place, a financial contribution may be made to support public art delivery in the vicinity. In all cases, the work must be conceived, authored and led by professional artists and provide cultural, social or aesthetic value to the community.

For the purposes of this SPG, a professional artist (hereinafter referred to as "artist") is an individual or collective able to demonstrate an established artistic practice and a track record of producing recognised artistic work. Evidence may include a portfolio of realised projects, relevant qualifications, public exhibitions or commissions, professional references, or membership of recognised arts or cultural organisations.

Public art may include, but is not limited to:

1. Physical and spatial artworks

• Sculptures, monuments, memorials, fountains, installations

• Murals, wall mosaics, photographic or digital wall pieces

• Floorworks, surface inlays, artist-designed paving

• Artist-designed street furniture

• Landscape or environmental artworks, including sculptural planting as an artistic intervention

2.2 Digital, media and light-based art

• Projection, light, and sound art

• Film or video-based installations

• Interactive, digital, or emerging technology works

2.3 Participatory and community art

• Artist-facilitated co-created artworks

• Artist residencies with public outcomes

• Creative educational or environmental projects

2.4 Temporary or event-based works

• Festivals, performances, or site-specific interventions in public space

• Rotating exhibitions or programmed installations

2.5 Public art infrastructure

• Spaces, platforms, or facilities provided specifically to host public art

2.6 Out of scope

For clarity, the following activities fall outside planning control and are not addressed in this SPG:

• The operation of arts programmes, grants, or funding, including development of cultural policy or delivery of arts projects unrelated to planning approvals.

• Detailed artistic or curatorial guidance, such as specifying style, technique, materials, or artistic methods. The responsibility for artistic quality and creative direction lies with the commissioned artists or cultural organisations.

• The establishment or management of arts advisory or governance bodies, which is a matter for cultural policy rather than the planning process.

Table 1: What counts as public art

Table 1: What counts as public art (continued)

3. Policy context

Public art has been part of Jersey's approach to placemaking for many years. The original percentage for art guidance established a mechanism through which development could contribute to the island's cultural life and to the quality of the built environment.

The Bridging Island Plan (2022) provides a clear and formal basis for securing public art through planning. Policy GD10 – Percent for art requires eligible development to dedicate approximately 1% of the total construction cost to public art. This elevates what was previously good practice into a more consistent requirement. The policy ensures that the benefits of public art are delivered systematically across qualifying development and in a way that reflects Jersey's character and cultural ambitions.

Policy GD10 – Percent for art

A contribution to public art, of approximately 1% of the total construction cost of the development, will be required where the proposed development involves the provision of:

• residential development of five or more homes; or

• non-residential development of 200sqm gross internal floorspace and over.

For smaller development the provision of public art will be encouraged as a means of enhancing the quality of the development.

All public art proposals must be appropriate to the setting and scale of the surrounding  area,  enhancing  the  quality  of  place  and  contributing  to  local distinctiveness and cultural identity.

Policy GD10 must be considered alongside the Island Plan's broader placemaking framework. Policy SP3 – Placemaking emphasises that development must strengthen local identity, enhance the character and function of place, and contribute to the creation of attractive, inclusive and enduring environments. Public art is one means through which these placemaking objectives can be achieved, particularly in establishing distinctiveness and supporting wellbeing.

Policy SP3 – Placemaking

All development must reflect and enhance the unique character and function of the place where it is located. New development must contribute to the creation of aesthetically pleasing, safe and durable places that positively influence community health and wellbeing outcomes, and will be supported where:

1.  it is responsive to its context to ensure the maintenance and enhancement

of identity, character and the sense of place;

4.  it achieves the highest standards of accessible and inclusive design having

regard to the needs of those with disabilities; is well connected, and creates successful and comfortable public and private spaces, active frontages, streets and links for all, that work as social spaces, supporting wellbeing and healthy living, and enabling successful integration into a place;

The contribution of public art to community identity and cohesion is also reflected in Policy SP7 – Planning for community needs, which identifies the importance of cultural and social infrastructure in creating sustainable and healthy communities. Artist-led interventions, whether spatial, participatory or digital, can support these wider objectives where proportionate to the development and integrated appropriately.

Policy SP7 – Planning for community needs

All new development must be able to demonstrate that it is helping to meet the identified needs of our community, both in the short and long-term. In particular:

3. the design of new development should contribute to the sense of place; and support and enable the creation of sustainable communities where people can know their neighbours and have a sense of belonging;
4. development  must  make  a  contribution  to  physical  infrastructure  or community facilities where improvements are identified as necessary to meet an impact arising from the development;

The Creative Island: An Arts Strategy for Jersey 2022–27, provides useful context. It sets the cultural direction of the island and articulates the role of creativity in public life, the environment, wellbeing and placemaking. The aims of the strategy align with the purpose of Policy GD10 and reinforce the value of embedding artistic practice within the built environment.

4. Requirements for public art in development

The requirement for public art applies to:

• residential development of five or more homes; and

• non-residential development providing 200 sqm or more of gross internal floorspace.

For smaller development, public art remains encouraged as a way to enhance design quality and local distinctiveness, though it is not a mandatory requirement.

Public art should normally be provided on-site, in a publicly visible location that contributes meaningfully to character and placemaking. An alternative approach may be considered where on-site provision is not reasonable (see Section 5).

The requirement for public art applies to all qualifying development, including schemes delivered by government departments, public sector development partners and nonprofit organisations. Internal organisational budget decisions or funding priorities do not affect the requirement to meet Policy GD10. Public art is an established Island Plan expectation, approved by the States Assembly, and development delivered by the public sector, government-affiliated development partners, or charitable bodies is expected to meet the same design and placemaking standards as private development. The SPG provides proportionate and flexible routes to compliance, enabling all developers to meet their operational responsibilities while still delivering the cultural and placemaking outcomes required through the planning system. Any claim that the required contribution cannot be met must be evidenced through a full viability assessment, and submission of such evidence does not imply that non-compliance with Policy GD10 will be accepted.

Planning applications must include a Public Art Statement (PAS) proportionate to the type of application. The PAS should outline:

• the overall approach and rationale;

• commissioning method;

• intended delivery and phasing;

• and high-level arrangements for installation, maintenance and, where relevant, decommissioning.

Detailed PAS requirements for pre-application, outline, reserved matters and full applications are set out in Section 7.

Public art will be secured through planning conditions or, where appropriate, a planning obligation agreement (POA).

5. Exemptions

Policy GD10 establishes a presumption of on-site public art provision. Exemptions may be considered where this cannot reasonably be achieved or would not meet policy aims due to factors such as site constraints, access limitations, heritage sensitivities, or where on-site works would offer limited public benefit. In such cases, clear justification is required.

Where on-site provision is not reasonable, alternative approaches may include:

• off-site provision in the vicinity of the development on publicly accessible land, with the agreement of the relevant landowner; or

• in exceptional circumstances, a financial contribution toward public art in the vicinity, where this aligns with an adopted area-specific public art framework.

Any alternative approach must be fully justified in the PAS and discussed with planning officers at the pre-application stage. Where a preliminary PAS is not provided at the pre-application stage, applicants may be advised to seek further consultation advice before applying for planning permission.

For the avoidance of doubt, pooled financial contributions will not be supported. A financial contribution will only be considered where off-site provision cannot be secured as the first alternative and where an adopted area-specific public art framework (whether publicly or privately led) applies in the vicinity of the development site. Any contribution must be

clearly linked to delivering public art that provides equivalent or greater public benefit.

6. Commissioning and procurement

Public art should be commissioned in a transparent manner and in a way that reflects the cultural and spatial context of the development. This SPG does not prescribe a particular procurement model or impose specific artist-selection criteria. Applicants may choose the most appropriate commissioning method, provided the approach is clearly explained and capable of delivering high-quality outcomes.

Commissioning should begin early in the design process to allow meaningful integration with architecture, landscape and the public realm. Suitable commissioning routes include direct appointment, limited or open selection, artist residencies, or the inclusion of an artist (or artists) within the design team.

Collaboration with cultural or community partners may also be appropriate depending on the nature of the project. Where relevant, the Arts, Culture and Heritage within Local Economy may offer informal guidance or signposting, such as information on local creative networks or professional registers, to assist applicants in identifying suitably qualified professional artists.

The PAS should set out:

• the commissioning approach and its rationale;

• how cultural context, site character and any community considerations have informed the brief;

• how the commissioning process ensures artistic quality and feasibility; and

• arrangements for delivery, installation and long-term stewardship.

Although the SPG does not prescribe a fixed budget model or artist-selection method, it is expected that applicants demonstrate how their chosen commissioning route will support effective delivery of Island Plan policy objectives.

For proposals involving temporary, time-limited or digital artworks, the PAS should confirm the intended duration, delivery method and any requirements for decommissioning or replacement. The level of supporting detail should be proportionate to the type of work: for example, temporary installations may require less technical or maintenance information than permanent works but must still demonstrate feasibility and clear public benefit.

7. Planning process and decision-making

This section outlines the public-art-specific requirements at each stage of the planning process to support clear and consistent submissions.

Compliance with Policy GD10 is assessed through the planning process, supported by early engagement, clear documentation and proportionate conditions (figure 2). Planning officers are responsible for determining applications and will consult the Arts, Culture and Heritage Sector within Local Economy on public art proposals.

To strengthen transparency and provide robust cultural appraisal, sector officers may also draw on advice from a public art advisory panel[3] to assess artistic quality, authorship, contextual relevance, and the proposal's ability to deliver the cultural objectives set out in the Art Strategy. This advice informs cultural assessment within the planning process, while final decisions remain with the planning authority.

Applicants may also find Appendix1 helpful, as it provides a step-by-step checklist of key actions in the public art delivery process.

1. Pre-application advice

Where development is likely to fall within the scope of Policy GD10, applicants are encouraged to seek pre-application advice, even where details are indicative or conceptual. Early engagement helps applicants understand opportunities for integrating public art in ways that contribute to the character and community benefits outlined in Policies SP3 and SP7.

Applicants may provide a preliminary PAS setting out the approach and rationale, initial site opportunities or integration concepts, any potential exemptions and justification, intended commissioning method, indicative budget (typically ±1% of construction cost), anticipated siting, phasing or delivery constraints, and emerging principles for long- term ownership and maintenance (Appendix 2).

Where a preliminary statement has not been provided or is insufficient to assess the proposal against Policy GD10, further dialogue may be advised before applying for planning permission. Pre-application advice does not prejudice any future decision but allows issues to be identified and resolved early.

2. Planning application stage

For developments within the scope of Policy GD10, a PAS must accompany the planning application to demonstrate how the proposal will deliver public art in line with the policy and wider placemaking and community objectives.

1. Full applications

A full PAS should explain the approach and rationale, intended commissioning method, anticipated delivery and phasing, concept designs or indicative material, budget, and emerging arrangements for maintenance, ownership, and stewardship (Appendix 3).

2. Outline applications and reserved matters (RM)

A full PAS should accompany an outline application unless key reserved matters (i.e. layout, landscaping, appearance) are likely to affect public art delivery. Where this applies, a proportionate PAS would be required at outline stage, with the full PAS required at RM stage.

Outline:

YES Appendix 4 RM: Appendix 3

Will RM affect

public art delivery?

NO Appendix 3

Figure 1: Outline application decision tree

In all cases, the PAS should clearly justify how the proposed public art contributes to place, character, and community benefit.

3. Conditions, triggers and planning obligation agreements

Public art may be secured through planning conditions and/or a POA, depending on the nature of the proposal, its delivery requirements and long-term stewardship needs. These mechanisms can secure final PAS details, installation of artworks, off-site contributions where applicable, responsibilities for maintenance, ownership and

stewardship, and phased triggers to ensure timely and coordinated delivery in line with approved proposals. Together, conditions and POAs provide the robust and enforceable means of securing the delivery and long-term management of public art under Policy GD10.

Applicants are encouraged to apply for a completion certificate under Article 28 of the Planning and Building (Jersey) Law 2002, which can provide formal confirmation that the development, including all public art obligations, has been completed in accordance with the planning permission.

APPLICANT / DEVELOPER PLANNING

(Appendix 1)

Explore opportunities

Commissioning approach and  budgeting

Pre-application stage

Art framework

(Appendix 2)

Artist selection

Planning application stage

Concept design

(Appendix 3 or 4) Detail design and budget Discharge of conditions

Fabrication

Installation Certificate of completion

Handover and maintenance Figure 2: Engaging the planning process

8. Transitional provisions

This SPG applies to all planning applications and pre-application enquiries received and validated on or after the date of publication. Submissions made before this date may not include the level of detail or structure now set out in this guidance. Their validity is not affected.

However, the SPG clarifies the information required to demonstrate compliance with Policy GD10. Where an application or pre-application enquiry already in progress does not contain the information necessary to understand the proposed approach to public art, planning officers may request or invite additional details to ensure that Policy GD10 can be properly considered and secured. These requests will relate to substantive content, such as intended locations, commissioning and procurement approach, stewardship arrangements, or information aligned with the relevant appendices, not to the formatting or templates introduced through this SPG. [pre-app stage removed,

From the date of publication, the expectation is that all qualifying development, including those at pre-application stage, should provide early and proportionate public art information, consistent with the guidance and appendices. This is to support integrated design, avoid delay at validation or determination, and ensure that public art is embedded in the development process from the outset.

Public art delivery checklist

Notes:

• This checklist is guidance only and should be applied proportionately to the scale and complexity of the development.

Preliminary Public Art Statement (Pre-Application Advice)

For completion at pre-application stage.

This summary is intended to support early discussions with planning officers in consultation with Arts, Culture, and Heritage Sector officers. Applicants should note that a full PAS will be required with any subsequent planning application, informed by the considerations outlined here. Information provided at this stage can be indicative or conceptual.

1.  Intended public art approach

Provide a concise overview of the type, form, and purpose of the proposed public art contribution.

• What type of public art is envisaged? (e.g., integrated, standalone, temporary, digital, participatory)

• How will the artwork contribute to placemaking, character, and identity of the site?

• How does the approach respond to Policy GD10?

2.

3.

4.

5. Expected budget range

Provide the anticipated total budget for public art.

Total construction cost (estimated): Proposed public art budget (±1%):

• Indicative budget, generally expected to be about 1% of total construction cost.

• Provide estimated construction cost and corresponding public art budget.

6. Phasing or delivery considerations

Identify potential timing issues related to construction sequencing, access, or programme.

• Is the artwork tied to a specific phase?

• Are there risks of delayed phases?

• Are alternative or earlier delivery options required?

7.

8.

Notes:

• This summary is for early-stage discussion only and should be proportionate to the development scale.

• Officers may request further information where necessary to assess compliance with Policy GD10.

• A full PAS will be required at planning application stage, incorporating detailed designs, budget, commissioning plan, location, phasing, and maintenance arrangements.

Public Art Statement (Planning Application)

For completion by applicants at the planning application stage.

This template supports assessment of proposals under Policy GD10 and ensures that all relevant information is provided to secure high-quality public art delivery.

1.  Public art approach summary

Provide a clear statement of the final proposed approach for public art delivery.

• Explain how the artwork integrates with architecture, landscape, and public realm, and how it responds to local character, context, and policy objectives.

2.

3.

4. 5.

6.

7. Ownership, maintenance and long-term care

Confirm ownership of the artwork and set out arrangements for ongoing maintenance, inspection, and stewardship.

• Include information on funding arrangements for long-term upkeep.

• Decommissioning should be addressed only if unavoidable, but the primary aim is to retain the artwork.

8. Supporting material

Include drawings, visualisations, plans, technical studies, or consultant input to illustrate the proposal.

• This should support understanding of scale, location, materials, and integration with the development

Notes:

• This template should be completed in full for all planning applications where public art is required under Policy GD10.

• Officers may request further information or clarification if the submission is incomplete or ambiguous.

• The completed statement provides the basis for conditions or POAs to secure delivery and long-term stewardship of the artwork.

Outline Public Art Statement (Outline Planning Application)

For completion by applicants at outline planning application stage where key design matters affecting public art delivery are reserved (i.e. appearance, layout, landscaping).

This template ensures Policy GD10 can be assessed at outline stage and signals the information to be provided at Reserved Matters. If reserved matters do not affect public art (i.e. scale, access), the full PAS set out in Appendix 3 must instead be provided.

1.  Public art commitment statement

Provide a clear commitment to deliver public art as part of the development in accordance with Policy GD10.

• Broad approach envisaged (e.g., integrated art, standalone intervention, distributed elements, event-based/digital, participatory).

• How public art will contribute to placemaking, site character, and the surrounding area.

2. 3.

4.

5.

6.  Phasing or delivery considerations

Identify potential constraints or coordination issues.

• Whether public art delivery is tied to a specific phase.

• How risks of delayed phases will be managed.

• Early thinking on off-site contribution or alternative delivery if required.

7.

8.

9.

Notes:

• This template does not require final designs or confirmed locations if they are affected by reserved matters.

• Officers will expect a full PAS at Reserved Matters stage to assess detailed compliance with Policy GD10.

• This approach ensures early integration into planning while accommodating the staged nature of outline applications.

[1] Article 6 of the Planning and Building (Jersey) Law 2002

[2] See Arts Strategy

[3] The public art advisory panel is envisaged in The Creative Island: An Arts Strategy for Jersey 2022–27 and will provide specialist advice once established.