Now on my X account, l have suggested we should have a retrospective planning consent for the Banksy statue of “blind patriotism” – that has popped up in St James Park & Whitehall over the May Day bank holiday weekend.
For a permanent statue on public land within the City of Westminster, obtaining planning permission is a complex process governed by highly restrictive local policies at the best fo time.
At the outset, Westminster has established a Monument Saturation Zone covering areas like Whitehall, Parliament Square, St James’s, and the Royal Parks. The policy are that new permanent memorials are generally resisted in this zone. Alternatively the council encourages developers to place art in under-represented areas outside this central hub. The Banksy statue is clearly located within the saturation zone at Waterloo Place,SW1.
Even if your location is outside the saturation zone, you must meet strict mandatory planning requirements with the following criteria. Planning Permissions required for any permanent structure that “materially alters the appearance” of an area. Before applying for planning, you must have written consent from the landowner that is have the landowners consent. To all intents and purposes the plinth and present location of the Banksy statue appears to be on Westminster Council highways. Furthermore, the statue or memorial to an individual can be erected until at least 10 years after their death. This is clearly not applicable as the Banksy statue as its not a memorial to any one Finally you must provide a “commuted sum” (payment) or a legal agreement to cover future maintenance and insurance costs forever, that is maintenance in perpetuity.
Thus a successful application typically requires firstly a design & access Statement, explaining the theme, artist selection, and how the piece relates to its surroundings.Community Engagement or proof of local consultation and support for the project. Listed Building Consent: Often required if the statue is near listed structures or within a conservation area. And finally Highways Permission, as if the statue is on a public footway, you may need additional licensing under the Highways Act 1980. In all these requirements, l don’t think there will be much problems with Banksy statue as the huge interest in it shows clear support for the project; a design and access statement could be made up already from the efforts taken to put it there in the first place; yet getting listed building consent and Highways permission will be in the gift for the council to give.
Few will deny the impressiveness and worthiness of this statue – even art historian Philip Mould (famed presenter of Fake or Fortune) whose studio is literally 200 yards away from the statue along Pall Mall, was driven to offer praise https://www.facebook.com/watch/?v=1310730734318668
The real question is whether the Westminster Council is in on the scam pretence of the statue’s surprise erection. I totally accept that Banksy probably has a slick team who can construct and place a fibreglass plynth within minutes (https://www.bbc.co.uk/news/articles/cn4pvyw82exo), but the location is within metres of Major government buildings such as Lancaster House, Marlborough House and Buckingham Palace and so it is difficult to believe that any attempt to place a large foreign object in a prime site within this hugely sensitive area could have taken place without interception by the security services and without permission. Maybe this will start a new trend of protest statues – we can but hope!