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Requests from artists / arts organisations for using empty

properties
1. Identifying the space

The council does not keep a list of empty properties.

We find it easier to help if you have some idea of which place you are
hoping to use.

a) If you know the location of the place you want to use


The property might be owned by the council but it is more likely to be
privately owned. To check this contact Contract Monitoring Officer, Keith
Jarman on kjarman@westminster.gov.uk / 020 7641 8012 or Corporate
Properties Division property@westminster.gov.uk.

For council owned properties we don't have an official line on whether to


allow creative activity to take place inside it. It all depends on what is
available, for how long and who is asking. It is looked at on a case by case
basis. In principle Corporate Property agree to an artist using an empty
space until a commercial tenant can be found.

If the property is privately owned we can sometimes put you in touch with
the relevant landlord.

b) If you dont have a particular location in mind


Here are some suggestions of agencies or websites that can help provide
information on empty properties:
i)

Property search facility on the council website for non council owned
property:
http://www.westminster.gov.uk/services/business/economicdevelop
ment/propertysearch/.

ii)

Creative Space Agency


Service that links owners of vacant property with creative professionals
looking for potential spaces in London in which to work, exhibit, perform or
rehearse.
The services on offer through the Creative Space Agency include an up to
date list of available spaces in London, handy fact sheets and regular
training sessions to help creative professionals get the most out of the
service. http://www.creativespaceagency.co.uk/

iii)

Wasted Spaces was created to help stem the decaying effect of empty
and disused buildings on local areas, while also providing artists with free
exhibition space and a chance to reach a wider audience. By recycling
disused buildings, Wasted Spaces animates local areas, brings local
artists together with new communities and encourages artistic innovation:
http://wastedspaces.org/

iv)

Location Works
Claims to have one of the largest library of locations for filming in the UK
and provides agency services especially for artists who wish to film in
these locations. Site often receives enquiries from artists looking for
disused sites for creative use and although they mainly work with film
makers they would be keen to expand their services to performing and
visual artists.
The locations are well-categorized including some which we will find
useful eg Derelict (domestic), Derelict (industrial), Empty Houses; Artists
studios, Converted barns, Community Halls etc. The only thing is that it
doesn't specify where the venue is other than its region nor its name but
they have clear, excellent documentation of the space which makes it a
practical tool for research. http://www.locationworks.com

v)

Meanwhile Space
Meanwhile Space have produced a how to be an intermediary landlord
guide, available online.
http://www.meanwhile.org.uk/

2. Obtaining a licence or the appropriate planning permission


a) Licences
Straightforward art exhibitions are not classed as regulated entertainment so they
dont need a licence. If you are not trading or selling food or alcohol or affecting
the highway/pavement, you should speak to the landlord and reach an
agreement. Out of courtesy you could notify the local police station but this is not
a requirement unless you have VIPs attending.
If your event is regulated entertainment, a more interactive installation or some
kind of performance you need to check with the landlord on whether they hold a
premises license or are prepared to apply for a TEN (Temporary Event Notice).
For more information on licensing visit
http://www.westminster.gov.uk/services/business/businessandstreettrading
licences/

b) Planning permission
It is easiest if an art exhibition where the work is being sold is put into an empty
shop, pub, caf, or bank (full list of A1-4 classes below)because this will not
require a change of use application.
For listed buildings or exhibitions that require change of planning use, its
necessary to apply for planning permission which takes 6-8 weeks.
However, in most cases the landlord can only agree to let artists use the space at
very short notice and so is often not enough time to process an application.
Advice from the planning team
The key to achieving a successful result is making sure that the proposed activity
matches the existing use class of the premises - thus removing the requirement
for planning permission.
So, as mentioned, for a selling gallery, putting it in a shop, pub, caf, or bank (full
list of A1-4 classes below) will not require a change of use application.
For an installation that charges admission, or is by invitation only, putting it in a
'D1' premises would not require an application.
An installation that is free to enter, but is not selling anything is a bit of a grey
area. It would be easier to put these types of installation / gallery into a D1 use.
A1 Shops - Shops, retail warehouses, hairdressers, undertakers, travel and
ticket agencies, post offices, pet shops, sandwich bars, showrooms, domestic
hire shops, dry cleaners and funeral directors.
A2 Financial and professional services - Banks, building societies, estate and
employment agencies, professional and financial services and betting offices.
A3 Restaurants and cafs - For the sale of food and drink for consumption on
the premises - restaurants, snack bars and cafes.
A4 Drinking establishments - Public houses, wine bars or other drinking
establishments (but not a night clubs).
A5 Hot food takeaways - For the sale of hot food for consumption off the
premises.
D1 Non-residential institutions - Clinics, health centres, crches, day
nurseries, day centres, schools, art galleries, museums, libraries, halls, places of
worship, church halls, law court. Non residential education and training centres.
For more information on planning visit
http://www.westminster.gov.uk/services/environment/planning/apply/

4. Funding
The Arts Council England Arts in Empty Spaces scheme is now closed.
Organisations are still welcomed to apply for funding via Grants for the Arts.
http://www.artscouncil.org.uk/funding/grants-arts

5. Background reading
Meanwhile
Website about developing policy and practice of community uses of empty shops
in town centres. Meanwhile is preparing a manual on how to go about acquiring
temporary premises. www.meanwhile.org.uk
The National Federation of Artists Studio Providers has produced some
guidance notes on using temporary spaces as artists studios:
http://www.nfasp.org.uk/media/doc/Temporary_Space_NFASP_guidance_n
ote.pdf
Poole Borough Council has produced a toolkit for artists and organisations
wanting to occupy empty spaces in the town. It provides useful guidance on
some of the questions you need consider when taking over a vacant property,
and useful information on matters such as risk and health and safety.
http://www.boroughofpoole.com/downloads/assets/Creative_Cabins_Toolki
t.pdf
The Empty Shops Network is a network of artists and arts organisations using
empty shop spaces across the UK to create temporary pop-up shops, community
spaces and galleries. It is a useful source of case studies and link to other
projects and schemes in vacant spaces.
http://www.artistsandmakers.com/staticpages/index.php/emptyshops

Looking After our Town Centres is the governments short guide for town
centre managers and their local partners. It offers practical help in setting out
how partners can work together to make sure that our town centres reach their
full potential, even in tough times. It helps those involved in town centres

planners, service managers, businesses, local groups and communities to


develop a clear vision, and actively plan to take advantage of new opportunities
when the recovery begins.
http://www.communities.gov.uk/publications/planningandbuilding/towncent
res
Investing in Creative Industries? is a guide produced by the Work Foundation,
supported by the Department for Culture, Media and Sport (DCMS) and the Local
Government Association (LGA), to provide some answers to a wide range of
questions that local authorities ask when making the decision to invest into
creative industries.
http://www.idea.gov.uk/idk/core/page.do?pageId=11228828

6. Case study
For the Street Pianos project, the council waived fees for 5 artists to decorate,
exhibit and sell art in 3 empty council owned shops in Westminster (Broadwick
Street, Church Street, Fernhead Road) and each of these spaces were made
alive with increased footfall around the area, benefits for other local businesses
and the works stimulated people's interest in music and visual art. Read more
here
http://www.westminster.gov.uk/services/leisureandculture/artsandentertain
ment/streetpianos/
Re planning classifications these 'transformed' galleries are not the same as
galleries covered under the D1 use where the primary purpose is to display art
and the sale of art is incidental. In the major art galleries they usually have a
shop on site which is incidental to the main gallery use. But with these temporary
galleries a charity will take an occupation licence for artists to display and sell
their art. The sale of the art is the primary purpose.
The licenses are short term and due to expire when the new tenants complete
the legal work and take possession.
The Corporate Property team doesnt take issue on whether it is good art or not
to warrant a free space from the council. But, to a certain extent, the councils
Arts Service does judge whether to support projects (eg by giving time to help
promote them etc) based on their artistic merit and, more importantly, on their
potential to engage with a local audience.
Arts Service, Westminster City Council, June 2010

arts@westminster.gov.uk / 020 7641 2498

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