Finance and Resources Committee 10.00 a.m, Tuesday, 3 February 2015 Princes Street Gardens – National Galleries of Scotland Proposed Extension Item number Report number Executive/routine Routine Wards Ward 11 – City Centre Executive summary The National Galleries of Scotland (NGS) has approached the Council requesting to purchase a strip of land which forms part of Princes Street Gardens. NGS intends to utilise the ground as part of a project to expand and improve the National Gallery. Works include the creation of circa 500 square metres of new gallery space, a new landscaped public pathway and terrace. As with a previous extension of the Gallery into Princes Street Gardens, the land required is inalienable Common Good and is also protected by the City of Edinburgh District Council Order Confirmation Act 1991. A variation to the Act and appropriate consent to dispose of the Common Good land will be required to enable the land to be sold and built upon. It may be possible to deal with the Common Good issue as part of the variation to the Act, failing which, an application to the Court of Session will be required. This report seeks approval to open negotiations with NGS for the sale of the land and to commence seeking the necessary consents to release the land for sale. Links Coalition pledges P31 Council outcomes CO19, CO20 Single Outcome Agreement SO1 Report Princes Street Gardens – National Galleries of Scotland Proposed Extension Recommendations It is recommended that Committee: 1.1 Notes proposals by the National Galleries of Scotland (NGS) to extend the National Gallery; 1.2 Authorises the Director of Services for Communities to enter into negotiations with NGS for the sale of a strip of land at Princes Street Gardens; 1.1 Notes that submission of a private bill to the Scottish Parliament will be made to enable the release of the land for sale, and, if required, an application to the Court of Session; and 1.2 Notes that provisionally agreed terms for the proposed sale to NGS will be reported back to Finance and Resources Committee for approval. Background 2.1 NGS has appointed a design team, led by Gareth Hoskins Architects, to design an expanded and improved National Gallery with a vision that “Scottish Art is proudly presented to the widest possible public in a Gallery of world standing with first class facilities and access”. 2.2 The proposals include the expansion of the ‘Scottish Wing’ into East Princes Street Gardens, creating a suite of new galleries providing an additional 500 square metres of space in which the collection of Scottish art will be exhibited. 2.3 The proposed layout will also include a new landscaped public pathway and terrace at the Gardens level and a wider public precinct at the higher level. This revised configuration is expected to improve connectivity between the Gallery Complex, Gardens, Princes Street, Playfair Steps and the Old Town. 2.4 The area of Princes Street Gardens required by NGS for its proposals is in Council ownership, is a strip approximately five metres wide and is shown hatched red on the plan at Appendix 1. The Council’s Parks and Greenspace Service is supportive of the NGS project. Main report 3.1 NGS has approached the Council requesting to purchase the part of Princes Street Gardens required to create the additional gallery space, landscaped pathways and terrace. Finance and Resources Committee – 3 February 2015 Page 2 3.2 The area of land in question is owned by the Council, held on Common Good Account and inalienable. Being part of the Gardens, the land is protected by the City of Edinburgh District Council Order Confirmation Act 1991. This Act controls how Princes Street Gardens may be used. 3.3 In order, to sell Common Good land the Council would usually seek to obtain Court of Session consent and to enable alterations to the Gardens, a private bill has to be approved by the Scottish Parliament amending the 1991 Act. 3.4 NGS is proposing to be promoter of the private bill and in order to save both time and costs, NGS intends to incorporate the Common Good issue as part of the bill, rather than have the Council apply to the Court of Session separately. NGS intends to submit the draft bill to the Scottish Parliament by mid April 2015. 3.5 NGS has agreed to pay all costs associated with obtaining the aforementioned consents. 3.6 NGS successfully undertook a similar extension to the Gallery, known as the Playfair Project in 2004. This project also included a small section of Princes Street Gardens requiring Court consent in respect of Common Good and an amendment to the 1991 Act. Measures of success 4.1 Allowing disposal of this small strip of land will enable the National Gallery extension to proceed which will enhance this facility for both Edinburgh residents and visitors to the city. The proposals also include improvements to the hard and soft landscaping around the building, including within Princes Street Gardens. Financial impact 5.1 NGS will meet all costs relating to these proposals, including court and parliamentary costs and the Council’s legal fees and expenses. Risk, policy, compliance and governance impact 6.1 This disposal does not seek to change any policies which are currently in place. The proposed extension will have a minimal impact on the open space provision provided within the gardens and should enhance access to Princes Street Gardens. 6.2 The Council may need to apply to the Court of Session for consent to dispose of Common Good land if NGS is not successful using parliamentary procedures. Equalities impact 7.1 Allowing the land to be made available for this extension will ensure that the gallery provides a better facility for all, including both local residents and visitors. There will be improved access in particular, both in the building and within the Finance and Resources Committee – 3 February 2015 Page 3 gardens. There may be some access difficulties during construction, but these are reasonable and proportionate. 7.2 There will be benefits to all, including those with protected characteristics, by being able to view and experience art and high quality public open space at no cost. The new building and gardens should be DDA compliant ensuring better access for all. 7.3 The attractive nature of the buildings and gardens should ensure that more people are encouraged to come and enjoy these spaces. The new gallery will host various events and exhibitions, which will appeal to different groups. There are also a variety of events held in the gardens, which should promote better understanding of the arts and nature. Sustainability impact 8.1 The impacts of this report in relation to the three elements of the Climate Change (Scotland) Act 2009 Public Bodies Duties have been considered, and the outcomes are summarised below. Relevant Council sustainable development policies have been taken into account and are noted at Background Reading later in this report. • The proposals in this report will be carbon neutral because any temporary increase in carbon emissions during construction will be offset against the improved energy and fuel efficiencies in the new building. The landscaping will also be carbon neutral as there are new trees included in the planting scheme. • The need to build resilience to climate change impacts is not relevant to the proposals in this report because it will have a neutral impact on the Greenspace available. • The proposals in this report will help achieve a sustainable Edinburgh because improving the gallery and surrounding Greenspace will promote personal wellbeing by exposure to art and green space. • The proposals in this report will help achieve a sustainable Edinburgh because it should encourage greater footfall into the gallery and the gardens, which should in turn create a positive impact on local businesses. • The proposals in this report will help achieve a sustainable Edinburgh because the extension will be built to modern standards and landscaping will include tree planting. Consultation and engagement 9.1 A consultation letter has been sent to a number of organisations, including Historic Scotland, The Bank of Scotland, Network Rail, New Town & Broughton Community Council, City Centre Neighbourhood Partnership, Edinburgh Old Town Association, Cockburn Association, Edinburgh World Heritage, Edinburgh Old Town Development Trust and Local Ward Councillors. Letters of support for Finance and Resources Committee – 3 February 2015 Page 4 the proposals have previously been sent to the NGS by Historic Scotland and Edinburgh World Heritage. Background reading/external references local and strategic development plans John Bury Acting Director of Services for Communities Contact: Julia McVean, Estates Surveyor E-mail: [email protected] | Tel: 0131 529 4320 Links Coalition pledges P31- Maintain our City’s reputation as the cultural capital of the world by continuing to support and invest in our cultural infrastructure. Council outcomes CO19 - Attractive Places and Well Maintained – Edinburgh remains an attractive city through the development of high.quality buildings and places and the delivery of high standards CO20 - Culture, sport and major events – Edinburgh continues to be a leading cultural city where culture and sport play a central part in the lives and futures of citizens. Single Outcome SO1- Edinburgh's Economy Delivers increased investment, jobs Agreement and opportunities for all. Appendices Location plan. Finance and Resources Committee – 3 February 2015 Page 5 .