Memorandum by the Theatres Trust (PGS
09)
1. The Theatres Trust welcomes the opportunity
to contribute to the Planning Gain Supplement Inquiry. Our contribution
is based upon our response to the ODPM's Planning-gain Consultation
and the issues we raise are pertinent to the proposals contained
within their consultation document. We ask the Inquiry to consider
the following issues that the Planning Gain Supplement would have
on theatres in the UK.
BACKGROUND TO
THE THEATRES
TRUST
2. The Theatres Trust is an advisory Non-Departmental
Public Body and a statutory consultee on planning applications
that affect land on which there is a theatre. It was established
by The Theatres Trust Act 1976 "to promote the better protection
of theatres". The Act defines a theatre as "any building
or part of a building constructed wholly or mainly for the public
performance of plays". The General Development Order (1995)
requires under Article 10 (v) that all planning authorities must
consult the Trust before a decision is issued on any planning
application or development involving land on which there is a
theatre as defined in the 1976 Act. Thus the Trust's remit extends
beyond buildings currently in use as theatres and includes those
not in use. Our main objective is to safeguard theatre use, or
the potential for such use, but we also provide expert advice
on design, conservation, regeneration, property and planning matters
to theatre operators, local authorities and official bodies.
THE IMPORTANCE
OF THEATRES
TO SUSTAINABLE
COMMUNITIES
3. Protection of theatre use contributes
to the Government's programme of creating sustainable communities.
Theatres are the cultural anchors of communities, offering opportunities
for residents, businesses and visitors to be entertained, informed,
challenged and educated and we believe that theatres are therefore
essential in the creation of sustainable communities. They provide
places where people interact not only with the themes and spirit
of the play, but with each other, encouraging diversity, reflecting
local life and helping to forge communities' cultural identity
and cohesion.
4. As drivers for economic development,
cultural activities such as theatre, arts and tourism are fast
growing sectors, and theatres are a fundamental and dynamic part
of this cultural asset base. Culture has been identified as adding
value to regeneration within the document Culture in the Heart
of Regeneration (DCMS 2004). Most recently, in Sustainable Communities:
People Places and Prosperity (ODPM 2005) sees sense of place,
good quality community facilities, including cultural assets,
as essential components in the development of sustainable communities.
5. There are many examples of theatres sustaining
communities through periods of economic decline and growth in
town and city centres. In the City Fringe (Corporation of London,
Hackney, Tower Hamlets, Islington, Camden) a City Growth Strategy
area, theatres including Drill Hall Theatre, Camden People's Theatre,
Courtyard Theatre, Shaw Theatre, Teatro Technis, Etcetera Theatre,
Almeida, Kings Head, Rosemary Branch, Pleasance Theatre, Hen &
Chickens, Old Red Lion, Sadlers Wells, Barbican, Mermaid, Bridewell,
Wiltons Music Hall, Oxford House, Hoxton Hall, Arcola Theatre,
and the Hackney Empire have ensured continuity of community engagement,
helped to promote cultural offer that reflects the values and
fashions of their multi-ethnic populations, and provided much
needed economic input into the area.
PLANNING GAIN
SUPPLEMENT: GENERAL
OBSERVATIONS
6. The Theatres Trust supports the overall
objective of the PGS to secure additional funds towards the provision
of cultural infrastructure. The Trust recognises the importance
of ensuring that local and wider communities share the benefits
of development created through the PGS. However, it is concerned
that the proposals in the consultation paper would not achieve
this objective for the protection of theatres and theatre use.
In the view of the Trust, PGS as currently proposed is more likely
to erode the progress that The Theatres Trust has made with local
planning authorities in achieving their recognition of the planning
benefits that may be secured from a development for theatre buildings
and use. We feel that the proposals, as they currently stand,
lack sufficient detail upon which to be assured that increased
investment would be channelled into the cultural sector, and in
particular into theatres.
7. This response considers protections required:
— for theatres within development-site
environments (paras 8-12);
— for existing theatres whose catchments
include development sites (paras 13-14);
— within planning policy (paras 15-16);
and
— for the provision of new theatres
(para 17).
8. Scaling back s106 planning obligations—protecting
theatres replacement/substitution
The consultation document seeks views on scaling
back planning obligations, but reassures us that the principles
included in the new development-site approach (Box 5.4 P27) retain
the importance of direct replacement/substitution. The Trust would
like to see explicit reassurance that where a theatre is directly
connected to a development or is within a development site, it
will continue to benefit from the (scaled down) s106 obligations.
9. There are many important examples of
theatre buildings that have been protected or directly benefited
from Planning Obligations that secured replacement/substitution.
These include: Barnet's Arts Depot—a new 400-seat theatre;
the Custard Factory, Birmingham—a new 200-seat theatre;
Hull Truck—£1.6 million offered for the development
of a new theatre; Leeds Carriageworks—£12 million theatre
complex; Epsom Playhouse—a 400-seat theatre; London Unicorn—where
the site was worth £1 million; Middleton Civic Theatre—the
replacement building is to be funded by Tesco; Mermaid Theatre—financial
contribution towards a new theatre or towards the support of existing
theatre in the City of London secured through developer; Edinburgh
Traverse—the theatre shell was provided by the retail developers;
Aylesbury Theatre—a new 300-seat theatre provided by the
sale of residential properties on another site; and the Southampton
Mayflower Theatre—which has had substantial signage and
landscape enhancements provided by a s106 from an adjoining development.
The Trust is aware of many other examples in the past and in the
planning, which rely on such an approach including Southampton's
New Arts Complex. Scaling back s106 planning obligations to exclude
theatres and cultural facilities would have the effect of reducing
the level of income afforded to the cultural sector through planning
obligations.
10. Exemption for theatres from PGS—to
protect and not discourage their enhancement
Within the terms of the consultation document
proposed improvements to existing theatres in terms of extensions,
new front of house facilities, such as restaurant and/or bar areas,
new scenery storage etc. would require planning permission. This
would give rise to a PGS liability that could adversely and fatally
affect the viability of the development. Last year the Trust commented
on around 150 planning applications for proposed improvements.
The Trust would like to see consideration given to exemption of
theatres from PGS where the theatre is the planning permission
applicant, as the community benefit would be recycled and costs
connected with collecting the PGS liability would be saved. The
Trust considers that this would positively promote enhancement
of vital community and cultural facilities.
11. Protecting theatres on development sites
Existing theatres in theatre use, or in other
uses within development sites, are often vulnerable. The land
upon which the theatre is built can become a prime target for
residential, commercial or mixed use development without any compensation
for loss of the theatre. Under PGS the exact nexus between the
proposed development and the "compensation" for countenancing
the loss of an existing theatre use would be lost. However the
costs associated with the valuations necessary to demonstrate
that there has or has not been a taxable increase in value will
be expensive and complex due to the nature of theatre use.
12. As developments connected to land where
there is a theatre may not yield either scaled down s106 or PGS
that benefit the theatre, The Theatres Trust would be forced to
be more rigid in its approach to planning applications, as this
would threaten the existence of theatres. The Trust would have
to oppose any attempt to redevelop on or around the land of an
existing theatre if there was no certainty that monies from the
redevelopment would be dedicated to preserving the surviving theatre,
provide benefit to an existing theatre or theatres in the locality,
or provision of a replacement in a location which was economically
viable. At present the opportunity to persuade a local planning
authority to support their local theatre is expressly stated to
be outside the new scope of planning obligations, and so by implication
it would be illegal for a local planning authority to seek any
financial contribution from a development for the improvement
of the local theatre facilities.
13. Implications for existing theatres within
development site catchments
As new developments take place, new houses built
and new residents arrive, existing theatres within development
areas' catchments will be required to meet demands of increasing
audience numbers. The Trust is concerned that theatre buildings
will not benefit enough from the use of PGS, and that with the
decrease of Lottery funds, Treasury funds and EU structural funds,
and the greater likelihood of audiences with lower levels of disposable
income, theatres will find it increasingly hard to unlock new
sources of funding to help pay for improvements to meet new market
demands.
14. The introduction of the Planning-gain
Supplement should assist theatre owners to become more self-reliant
and obtain better buildings by using the planning system and working
with the private sector. However the new planning obligation regime
envisaged in Table 5.2 (page 27) would remove the ability to seek
planning gain for improved theatre facilities by means of obligations
in s106 Agreements. Instead there would have to be reliance upon
the allocation of revenues from central government. This also
removes the linkage between the developer and direct community
benefit. We would wish to see a direct link between planning permission
contributions to existing or new theatre provision, which reflects
the forecast market demand within the catchment created by any
new development.
15. Ensuring policies for theatre protection
within LDFs and planning guidance
Coupled with this is an increasingly worrying
policy vacuum. The consultation document makes reference to the
inclusion of policies within LDFs (Box 5.2, page 24). We agree
that Local Development Frameworks should include high-level policies
about the principles and use of planning obligations. However
the cultural infrastructure of town and city centres where theatres
are normally located has been inadequately recognised in policy
statements, for example, PPS6: Town Centres, and PPS12: Local
Development Frameworks which omits any guidance on the formulation
of cultural policies that could encompass the protection and promotion
of theatre use. If Local Planning Authorities follow the LDFs,
they will have no basis for the formulation of planning obligations
related to theatre. The Theatres Trust has made representations
to the ODPM about this policy vacuum. (This has included drafting
further guidance for PP6 Town Centre Planning Guidance; Supplementary
Information for Theatres which has been provided to ODPM). Local
planning authorities and regional planning authorities have not
received sufficient guidance on the importance of supporting the
cultural infrastructure through the policies to be formulated
in the Regional Spatial Strategies and in the Local Development
Frameworks. The apportionment of the revenues from PGS regionally
and locally, as appears to be suggested in the consultation paper,
would mean that no monies would be likely to be forthcoming from
the various authorities for theatres, because there would not
be an adequate policy basis for doing so. In this regard we support
the work being undertaken by national cultural sector NDPBs and
partners to develop a comprehensive cultural planning toolkit
which can help inform the framing of regional spatial strategies
and local development frameworks.
16. To address potential policy vacuums,
The Theatres Trust would like to see a commitment within the revenue
allocation principles (Chapter 6, p 31) whereby as a national
Statutory Body, The Theatres Trust is a stakeholder, and has a
role in the determination of infrastructure priorities and eligibility
criteria of the Community Infrastructure Fund or other revenue
allocation vehicle. The Theatres Trust's work engages directly
with pre-application discussions and The Trust would be able to
identify the location of theatre buildings within a 20-mile catchment
of a proposed development. Where planning policy had not addressed
theatre provision, The Trust would provide information on the
existence of theatres and any current proposals for improvements
to theatres within the catchment. As a statutory consultee on
the Planning Application, The Theatres Trust would be in a position
to put forward recommendations on the local benefit to be gained
from PGS contributions towards theatre building(s) in the area.
17. The provision of new theatres—forecasting
theatre provision, securing the facilities
The Theatres Trust is pleased that the standardisation
of planning obligations in Milton Keynes is provided as an example
of good practice (Box 5.3, page 25). Included within the `prospectus'
was the creation of Milton Keynes Theatre, a multi-purpose theatre
and art gallery constructed in the centre of Milton Keynes in
1999. The theatre element of the scheme cost £10.5 million
and was part funded by a major retail redevelopment of central
Milton Keynes and supported by a National Lottery bid. Experience
of the development of Milton Keynes shows that the creation of
a sustainable community benefits from cultural requirements being
considered from the outset. The Trust would welcome a similar
approach within all Growth areas and where other partnership standardisation
approaches are adopted.
18. Further consultation
Much of the practical application of the supplement
will depend upon advice in the form of good practice guidance
and the mechanisms for allocating PGS revenues. The Theatres Trust
would be pleased to be invited to give oral evidence to the Select
Committee and illustrate, as important cultural and leisure facilities
within communities, the implications that introduction of PGS
would have on theatres in the UK.
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