Commissions are sometimes funded through planning agreements with local authorities. There are two kinds of planning requirements that local authorities can use for public art: planning obligations and planning conditions. Planning obligations are used in order to give back to the community, over and above what was already there before the development began. They are specified under ‘Section 106’ agreements and their use by local authorities can include specifying the timing and amount of funding required for public art for a development. The developer or partners on a project as well as the local authority will have a record of the amount that has been agreed, what this must cover (sometimes also specifying the amount that can be used for project management of the total) and a time-scale for the project’s delivery.
Planning conditions relate more to ensuring quality and may be used when further information is required within a reserved matters planning application. This may request that details of the commission(s) be submitted prior to commencement of development, and that the commission is completed prior to occupation, for agreement.