An Anthology of Space 2015-2018

AN ANTHOLOGY OF SPACE 2015–2018

Activating unused and underutilised space for the creative industries and performing arts sectors of NSW

Introduction 4 The Value of Creative Industries 7 Project Partners 11 Overview of the Three Pilot Projects 12 2017/18 HPG Festival Hub Full Report 37 2017 National Construction Code Review Submission: Arts Venues and Assembly Buildings – Proposal For Change National Constrauction Code 2019 99 2016 Off Broadway Full Report 115 2015 Temporary Theatre Pop-Up Pilot Full Report 243

The production of this report was made possible via funding from the State Government Department of Industry, Liquor and Gaming’s cultural infrastructure grant program.

INTRODUCTION NSW is home to close to 40 per cent of Australia’s creative industry jobs, with the bulk of creative industry identifying businesses located in the state. As the largest independent visual and performing arts event in NSW, The Sydney Fringe utilises its annual 30-day festival to gather data that identifies common trends within genres, art forms, and demographics within the larger creative sector.

40%

OF AUSTRALIA’S CREATIVE JOBS ARE IN NSW

2000+

LOCAL ARTISTS ARE PART OF THE SYDNEY FRINGE

ELEVEN

DIFFERENT GENRES SHOWCASED EACH YEAR

The Sydney Fringe is uniquely positioned to do this, as, unlike other arts organisations, it is not genre exclusive. Nor is it a curated arts festival. This means that the artists participating in our annual event come from all art forms, genres and levels of experience, from first-time producers, emerging and early career artists to professional artists and organisations. An indication of this scope can be seen by the fact that the Sydney Fringe works with over 2000 local artists each year, whose work spans over 11 genres/styles/ disciplines.

This provides the Fringe with a unique access and insight into the issues faced by the creative sector, and highlights that their are collectively significant barriers to the building of sustainable careers and businesses by creative entrepreneurs in NSW. Almost exclusively, over the last three years, the most common prohibitor for artists in NSW has been a lack of affordable and appropriate space in which to make and present work year-round. In 2015, The Sydney Fringe chose to investigate this issue more thoroughly via a series of pilot projects with Local Government, key stakeholders and private sector partners. This work has resulted in three key projects being undertaken that considered the restrictions around activating vacant and underutilised space for creative purposes: in 2015, the project considered activating empty shop fronts and Class 6 (retail) buildings; in 2016, activating light industrial spaces; and in 2017/ 18, the activation of largescale industrial space.

This report brings together the work of those three pilot projects and the key findings and recommendations from them.

4 | AN ANTHOLOGY OF SPACE

The Sydney Fringe believes that the independent artists of NSW are the states most valuable assets.

With that in mind, it is imperative that the restrictive regulation that prohibits the growth of a vibrant and diverse cultural identity is reconsidered so that we can ensure Australian stories are provided a platform to reach a global tourism market, that our major cities and regional areas have vibrant night-time economies, and that our village high streets maintain and foster the unique creative culture that they were forged with.

Alongside its long-term partners – HPG Australia, the City of Sydney Council, Inner West Council and the Live Music Office – The Sydney Fringe is proud to be leading the way in this work, and continues to provide an evidence base to all levels of government and the creative sector for best-practice workable solutions to the issues investigated in this report.

Kerri Glasscock, Festival Director & CEO The Sydney Fringe

Festival Village

SYDNEY FRINGE FESTIVAL | 5

Fringe Ignite

THE VALUE OF THE

CREATIVE INDUSTRIES

‘‘

In the Australia Council’s 2015 report Arts Nation: An Overview of Australian Art it is stated that: “The arts are deeply embedded in the cultural sector, and cultural activity makes a substantial contribution to the Australian economy. Cultural activity contributes $50 billion to Australia’s GDP, comparable to the GDP share in the USA, including over $4.2 billion from the arts.

Exploring the way international tourists spend their time in Australia has highlighted the growth in arts tourism. There has been 19 per cent growth over the past four years, with 2.4 million international visitors to Australia in 2013–14 engaging in arts tourism.”

+77%

ATTENDEES VISITIED LOCAL BUSINESSES

65,209

PEOPLE ATTENDED SYDNEY FRINGE EVENTS

Of the 65,209 people who attended ticketed and free events at the Sydney Fringe Festival in 2018, over 76.78 per cent of the surveyed audiences visited local businesses, restaurants or bars before or after attending an event. As with previous years, this indicates that the impact of spending generated by the Fringe goes well beyond the purchase of a ticket.

11,866,262 ECONOMIC IMPACT

SYDNEY FRINGE FESTIVAL | 7

ABOUT THE

SYDNEY FRINGE The Sydney Fringe: Championing the new, the now and the unique voices of Sydney.

‘‘

Building the cultural entrepreneurs of tomorrow to support the enrichment of life for everyone.

The Sydney Fringe Festival is the largest independent arts festival in NSW. It is a cultural start-up supporting the next generation of creative producers and social entrepreneurs to contribute to the cultural capital of a vibrant global city.

Independent art is no longer bound by a binary, quantitative set of metrics. It’s typified by an attitude; a set of values and needs; to be free; to experiment; and to push creative boundaries in the pursuit of a genuine vision.

The Sydney Fringe stands with artists, venues, taste makers, creatives and audiences who are connected to community, sensitive to their surrounds, value the local arts ecology and present the new, the now and the unique voice of Sydney.

The Fringe activates the city in ways that push the boundaries of what is possible. It works year-round with its partners to think outside the box and find lasting solutions to enable more cultural space to open, and existing spaces to flourish. Firmly at the core of its ethos are the activation of unused and underutilised space, and the creation of pop-up and temporary theatre spaces that transform the cityscape to allow audiences to explore and engage with unique creativity each September.

SYDNEY FRINGE IS THE LARGEST INDEPENDENT ARTS FESTIVAL IN NSW

8 | AN ANTHOLOGY OF SPACE

WORKING WITH PARTNERS TO FIND LASTING SOLUTIONS

ACTIVATING UNUSED AND UNDERUTILISED SPACE AROUND THE CITY

And each year, beyond our September festival, The Fringe continues to work with local artists, key stakeholders and the private sector to create new, vibrant creative precincts, art spaces and activations that drive the growth and shape the creative landscape of our city via groundbreaking private- and public-sector partnerships.

Over the past three years the Sydney Fringe has contributed to:

LORD MAYOR OF SYDNEY’S LIVE MUSIC AND PERFORMANCE TASK FORCE (2013) with resulting Live Music and Performance Action Plan

JOINT LIVE MUSIC TASK FORCE: MARRICKVILLE AND LEICHHARDT COUNCILS (2014) with resulting Off Broadway Plan

FRINGE IGNITE: SURRY HILLS (2014), ERSKINEVILLE (2015), STANLEY ST (2016), KENSINGTON ST (2017), OXFORD ST (2018)

POP-UP THEATRE PILOT PROJECT (2015): SYDNEY FRINGE FESTIVAL AND CITY OF SYDNEY

OFF BROADWAY PRECINCT (2016): INNER WEST COUNCIL, LIVE MUSIC OFFICE AND SYDNEY FRINGE FESTIVAL

HPG FESTIVAL HUB PILOT (2016-18): CITY OF SYDNEY, SYDNEY FRINGE FESTIVAL AND HPG AUSTRALIA

COMMITTEE FOR SYDNEY (2017-18): NIGHT TIME ECONOMY WORKING GROUP

CITY OF SYDNEY’S NIGHTLIFE AND CULTURAL ADVISORY PANEL (2018)

RANDWICK CITY COUNCIL NIGHTTIME ECONOMY ADVISORY GROUP (2018)

CREATE NSW: CONTEMPORARY MUSIC PLAN (2018)

SYDNEY FRINGE FESTIVAL | 9

Fringe Ignite

PROJECT

PARTNERS 2017/18 HPG FESTIVAL HUB

2016 OFF BROADWAY PRECINCT

2015 TEMPORARY THEATRE POP-UP PILOT

SYDNEY FRINGE FESTIVAL | 11

OVERVIEW OF THE THREE

PILOT PROJECTS

2015 Temporary Theatre Pop-up Pilot Project With an identified lack of small-scale appropriate and affordable venues for independent artists in Sydney, and an increase in vacant shopfronts on high streets across the city, the Sydney Fringe Festival (SFF) wanted to explore what was blocking cultural industries from taking commercial leases on what appeared to be adequate, affordable, vacant city space.

The report found: 1. A strong trend in the presentation and creation of work that was suitable for smaller venues with less infrastructure

‘‘

“Content is becoming more diverse, and we are seeing a breakdown of genre as artists become more inventive with form. In many ways, unusual and pop-up spaces create opportunities for artists to experiment, diversify content and develop their craft.”

DINO DIMITRIADIS, Producer, Sydney Fringe Festival

Of the 300 producers registered for the 2015 festival: • 38% wanted to be part of the pop-up pilot and/or desired a temporary space • 61% of artists required limited or no backstage space • 70% identified their lighting requirements as simple • 66% identified their sound requirements as simple • 81% had no large set pieces or scenery

38%

61%

70%

PRODUCERS DESIRED A TEMPORARY SPACE

ARTISTS REQUIRED LITTLE OR NO BACKSTAGE SPACE

PRODUCERS HAD SIMPLE LIGHTING REQUIREMENTS

66%

PRODUCERS HAD SIMPLE SOUND REQUIREMENTS

81%

PRODUCERS HAD NO LARGE SETS OR SCENERY

SYDNEY FRINGE FESTIVAL | 13

2. A growing trend towards curated programs within existing venues due to commercial restraints and the inability to take programming risks that might also risk revenue to the venue.

‘‘

“As a completely commercial artist-run space with no subsidy or funding it only takes a couple of bad months in a row to set you back or even cause doors to be closed. The sector is, quite frankly, that volatile.”

CAMERON UNDY, Founding Director, Venue 505, Surry Hills “We spent two years applying for every theatre in Sydney, but were unsuccessful in securing a space in an established theatre. It seemed that there was no alternative …the only thing to do is find a space and put it on yourself.”

SAMANTHA WARD, Pop-Up Artist, 2015

3. The cost of renting an existing theatre in Sydney was comparable and often more expensive than taking a commercial leasehold.

Current theatre rental rates in Sydney were between $1,000-6,000 per week Artists can’t maintain 100% of Box Office revenue Artists can’t maintain customer data All have curatorial conditions attached Only 80 spots available per year for the entire sector

SYDNEY THEATRE RENTAL RATES ARE $1,000-$6,00O

ARTISTS CAN’T MAINTAIN CUSTOMER DATA

Temporary lease case study • Example property: 59a Erskineville Rd • $1,500/ week rental • $500 temporary lease fee • TOTAL weekly rental: $1,625

14 | AN ANTHOLOGY OF SPACE

CURRENT RENTALS HAVE CURATORIAL CONDITIONS

4. Once costs for temporarily activating a retail premises for performance were factored in, it became prohibitively expensive to activate the site for short-term activation.

2015 costs associated with change-of-use for a performance pop-up space • BCA Consultancy Fee: $220 • Inspection fee for Council acting as PCA: $312.1 • Mandatory Inspection: $312.1 • Issue of CC or CDC: $572 • Registration Fee: $36 • Estimate for other BCA and AS expert consultants: $312 • Planning notification: $535 • Other professional advice and consultancy: $220 • TOTAL PER SITE: $2,519.20 5. Placing performance into a retail space triggered a set of regulatory conditions that required expensive reporting, consultancy fees and often capital works, due to performance being deemed a high-risk activity and requiring to only be presented in a different class of building. This would require costly building upgrades not necessary for the type of activity presented and resulted in the activations becoming not viable.

The following case study clearly outlines these issues: As part of our Pop-Up Pilot during the 2015 Sydney Fringe Festival, one case in particular emerges that clearly outlines the difficulties posed by the current regulatory system.

Local artists Rue De La Rocket received funding from a local council to develop a new project that would present a site-specific work. This involved developing a performance set in a hairdressing salon as part of the Sydney Fringe Festival. The work was to be performed inside a n actual, operating hairdressing salon. The performance met a key goal of Fringe’s temporary use project in uniting small local business and local artists and performers. This production intended to use the salon in exactly the same nature as its permitted use, with the notable addition of selling tickets and declaring itself a performance. The production required no changes to the internal infrastructure, and no additional technical requirements such as lighting or sound were needed. Audience numbers were to remain the same number as would usually be serviced in the salon at any one time during ordinary trade (in this instance between 10 and 12 patrons).

The artist quickly found a local business to partner with. A strong advocate and supporter for the arts, the salon saw the benefit of supporting local artists, was keen to see her business vibrant outside normal trading hours, and was excited by the additional activity and promotion that would come with the project to generate new business for her salon – as well as creating a unique offering for her current clients.

SYDNEY FRINGE FESTIVAL | 15

In theory, this should have been a simple project to produce. It involved a supportive tenant; project funding from a progressive council with a commitment to the sector; a supportive platform as part of the Sydney Fringe; and no production, design or technical equipment was needed.

Due to the interpretation of current regulations, however, the artist would be required to submit a Change of Use Development Application (DA), as the sale of tickets inhibited the performance from being assessed as ancillary to the existing consents as a hairdresser.

The artist was completely unaware that they would be non-compliant if they presented their project inside the hairdresser. This building is on the ground floor, has two exits – one directly on to King Street and one via rear lane entry – had sufficient toilet facilities for the anticipated audience numbers, and a vacant tenancy upstairs.

Patrons who were to attend the event would be taking part in a similar manner as they would have had they been attending the salon on any other day, and performers would have been carrying out actions similar to those by usual employees in the business. The only difference was that a ticket price would be charged upon entry as opposed to a fee being charged after a service, and the activity identified as ‘performance’ not retail.

It would appear reasonable that no alteration in risk levels is posed by patrons sitting in a working salon waiting for their appointment as compared to patrons sitting in a salon watching a performance set in a salon. But the requirement for a Change of Use DA was triggered due to the different categorisations of performance and retail activity, as distinct from the relative risk in using the building.

Findings If existing retail space was opened up to the performance sector, the city and its high streets could be peppered with 30-60-seat performance spaces, that operated up to 10pm, encouraging a varied nightlife, re-invigorating struggling high streets and diversifying night-time economies, while simultaneously filling a gap in the local venue ecosystem. In this way, the performance sector and local businesses could be supported without the need for major investment in infrastructure or increased resources and subsidy.

*

16 | AN ANTHOLOGY OF SPACE

Project Achievements Three new permanent cultural and creative spaces opened following the project.

Recommendations

CREATE CLEAR PATHWAYS FOR TEMPORARY USE

VENUES SUPPORT NUANCED RISK ASSESSMENT

COST OF APPLICATIONS BE RE-ASSESSED

APPLICATIONS FOR TEMPORARY USE BE STREAMLINED

The creation of a clear and expanded regulatory pathway for ‘Temporary Use’. The definition attached to what constitutes ‘temporary’ needs to be flexible enough to accommodate the needs of the sector and the varying needs of companies and projects. This would extend beyond the current 52 days outlined within the Sydney Local Environmental Plan to allow companies to break-even on their investment in activated spaces.

That regulation for performance venues support both a nuanced risk assessment as well as land use for small to medium creative spaces and contemporary practice, as distinct from the adaptation of standards designed for traditional, large capacity theatres and auditoriums with tiered fixed row seating and multiple levels, for example.

That regulatory conditions accommodate multi-purpose business models to ensure financially diverse and sustainable cultural businesses.

That the current costs associated with applications and compliance for a Change of Use DA be re-assessed to provide affordable pathways for small-scale and low-risk creative activities, so as to encourage the activation of empty space and the long-term economic sustainability of the cultural sector.

That the application process for temporary use be streamlined to enable projects with shorter lead times the ability to submit and gain approval in time to meet project deadlines.

SYDNEY FRINGE FESTIVAL | 17

Off Broadway

2016 REPORT

OFF BROADWAY This follow-up pilot project looked to activate a section of Parramatta Road in Camperdown and Leichhardt NSW. This high street – once a vibrant shopping strip – has an extremely high, long-term vacancy rate. Building on the learnings of the 2015 project and adding the addition of light-industrial areas neighbouring the road, SFF attempted to place new cultural businesses into the vacant premises and launch a new independent arts precinct called OFF BROADWAY. Why Parramatta Road?

RENTALS UP TO 75% MORE AFFORDABLE

NOISE ATTENUATION A LIMITED ISSUE

CLOSE TO PUBLIC TRANSPORT

• Affordable vacant properties, with some rentals up to 75% more affordable than in neighbouring suburbs.

• Limited issues with noise attenuation, as most residential housing is set back from the high street.

• Existing cultural businesses exist on the strip, albeit sporadically.

• Historical context of being a live-music and performance destination.

• Close to public transport links.

• Walking distance to other creative centres such as King Street, Newtown.

• High traffic flow and other limitations not as relevant to night-time trading as daytime retail.

• Artists can see beyond the limitations of streetscape and older building stock.

SYDNEY FRINGE FESTIVAL | 19

Restrictions:

LIMITED BUDGET FOR REGULATORY COSTS

LENGTHY TIME FRAMES FOR REGULATORY APPROVAL

LACK OF FIRE-SAFETY MEASURES

• Limited budgets for regulatory costs triggered through performance as opposed to traditional usage.

• Lengthy time frames for regulatory approval not supportive of short-term project time frames.

• Complicated application processes, and lack of communication between local government departments and applicants.

• Lack of understanding by applicants of their responsibilities around compliance.

• No firm guideline as to what equates as ancillary activity when discussing performancebased activity.

• Lack of appropriate fire-safety measures in many older properties.

• Perceived risk associated with any performance activity by regulatory authorities that then triggered requirement for building upgrades.

• LEP zoning in some areas excluded entertainment.

* 20 | AN ANTHOLOGY OF SPACE

The report found: 1. Many creative groups had the finance available to cover rent and outgoings and wanted to build permanent creative businesses in the area.

SFF reached out through its networks and community to call for expressions of interest from groups and individuals who where seeking affordable space, or had been looking to open their own spaces.

Of the 40 plus responses, 28 companies/individuals were carried forward to further conversations.

These were companies that were deemed financially viable, who were fully understanding of the responsibilities and risks associated with opening space and becoming leaseholders, and companies or groups that were ready to move forward immediately.

40+ GROUPS

RESPONDED TO EXPRESSION OF INTEREST FOR THOSE SEEKING AFFORDABLE PERFORMANCE SPACE

2. All groups needed approvals to host a variety of activities to ensure there were diverse income streams to build a sustainable business model. This invariably included an element of publicfacing events and performances.

‘‘

“Our other concern during this process was always how we were going to negotiate the legality of our venture. We wanted to put on performances – that is the core idea behind getting a venue for us. Sydney is bereft of venues for experimental performance and we wanted a place we could rectify that. But, given the laws regarding ancillary use, we were always a bit suspect about how we were going to achieve that goal. Kerri once remarked to me that it can be easier to open a bar than it is to open up a space for live performance, which seems ridiculous given the types of behaviour I’ve witnessed in bars, compared to the idea of a crowd of people sitting in the dark watching the theatre.

Our way around this problem was to be running the venue as a rehearsal/ workshop space, and program the performances we wanted to show for donation entry.

But this isn’t a real or sustainable model for a theatre.

You need consistency of programming; you need to build a space that’s useable; and you need to try and pay your artists. This is not possible given the current difficulty with acquiring an approval for live performance. It forces people to do it under the radar, as we have done in the past, and this ultimately hurts the cause, as it sours relationships between real estate, the council and artists and also confuses audiences.

But, for us in the theatre industry, the show has to go on.”

Mark Rogers, Pilot participant SYDNEY FRINGE FESTIVAL | 21

3. As with the 2015 project, the need for performance activity to take place within the business model triggered a Change of Use DA to the premises that resulted in a prohibitively expensive pathway. In this project, however, most potential tenants did not seek to open primary purpose entertainment facilities. Rather, live entertainment would be run ancillary to their main core of business, or make up a small part of their business model.

As SFF was working to place creatives under exempt and complying development within the planning approvals pathway, due to the short time frame of projects and the potential tenant’s lack of startup capital, most creatives needed to have the ability to have some elements of performance or activity usually associated with a NCC 9B Assembly Building in the available Class 6 buildings. The abolishment of the Place of Public Entertainment consent in NSW has enabled hospitality businesses to have ancillary entertainment activity as part of their operations, however, currently there remains a lack of guidelines or parameters to give retail and other business operators an understanding of what is and isn’t permissible.

It was identified that there was a need to implement associated reforms to the planning regulations, through changes to Exempt and Complying Development and the National Construction Code (NCC) as recognised and supported by the NSW Government in the December 2016 response to the 25 Point Night-Time Economy Plan, devised as part of the state government’s Night-Time Economy Roundtable Action Plan (see Appendix 9 of full report). Actioning this industry priority would address uncertainty around ancillary use as creatives could access low-impact and lower risk entertainment venues under Exempt and Complying Development, as is now the case in South Australia and galleries and museums in Victoria within mixed use and commercial (2) zones.

The 2016 Small Arts Venue South Australian variation to the National Construction Code provides a unique capacity for the creative sector in that state to have smaller performance venues assessed as a retail building rather than a theatre.

4. A variety of case study examples from around Australia and the globe were cited. These case studies provided insight as to how NSW may solve some of the identified issues and nurture the start of creative precincts. These included:

CASE STUDY #1 River Studios, Melbourne Corner Dynon Road and Sims Street, West Melbourne, Victoria

CASE STUDY #3 South Australia’s 90-day Change Streamlining Live Music Regulation Project

CASE STUDY #2 City of Amsterdam Creative Incubator Policy

22 | AN ANTHOLOGY OF SPACE

Project Achievements 1. Temporary festival hub with gallery, bar and performance space approved under complying development without full Change of Use required.

2. New permanent cultural businesses established since the project in the area. The retail vacancy rate has reduced by approximatey 30% since the projects inception.

The vacant site activated by SFF and utilised as the Off Broadway Festival Hub as part of this project now houses permanent live-music and arts venue THE NEWSAGENCY.

Festival Village

SYDNEY FRINGE FESTIVAL | 23

Fabricate

Testimonial Lopezcorp, Landowners of the Off Broadway Festival Hub, 2016

‘‘

“Of special interest is the participation of young companies and emerging artists.

It was very inspiring to see their amazing work and we are very pleased to know all events were sustainable and beneficial for the artists. In our opinion, Sydney Fringe certainly promoted and presented a great selection of credible, new performing artists and talented local acts.

Lopezcorp provided the Off Broadway Festival Hub premises and services, that made it easy for low-budget artists to perform freely and creatively in a theatre that required no cost or difficulty to undertake simple performance. We highlight that there are many local artists with small and upstart acts that cannot cover the cost of venue hire. Simply there is a shortage of suitable performance venues for our artists.

We wish to highlight the benefits of using properties zoned ‘industrial’ like the one we provided for the promotion of music and the performing arts. The ability to use such buildings for entertainment-based businesses would be very helpful for pop-up activations and it would be very advantageous for more permanent venue proposals.

The implementation of sophisticated performance staging services certainly transforms and elevates the preconceived and basic concept of music and performing arts to a proper industrial activity.

This has been a very important program and the real test of its success will be if our current leaders and government departments are truly committed to a continuation of a program that is essential for servicing the creative-arts industries. We now have a limited supply of existing venues that basically service professional agents promoting well-established acts.

With little scope for young companies and emerging artists to develop their careers and businesses, Lopezcorp would be very interested to see the 2017 Sydney Fringe Festival return to the Off Broadway Hub at 74-76 Parramatta Road Camperdown, as part of a legitimate permanent art, live music and performing arts venue within the Parramatta Road Off Broadway Live Music Precinct.

We urge the Inner West Council to continue working with the Sydney Fringe Festival, Council departments, other arts organisations and State Government agencies to assist with proper solutions to regulatory challenges surrounding the activation of suitable spaces for the creative industries and especially support for the Off Broadway Festival Hub to continue.”

SYDNEY FRINGE FESTIVAL | 25

2017 PROPOSAL FOR CHANGE NATIONAL CONSTRUCTION CODE (NCC)

JOINT SUBMISSION

BY LIVE MUSIC OFFICE, SYDNEY FRINGE FESTIVAL AND MUSIC NSW 26 | AN ANTHOLOGY OF SPACE

From the evidence base emerging of the barriers to the activation of buildings for live performance and cultural activities through the 2015 and 2016 projects, SFF contributed to a submission to the Australian Building Codes Board for a proposal for change to the National Construction Code (NCC) 2019 that advocated for the States and Territories to adopt South-Australian and New South Wales’ variations to definitions with in the National Construction Code, to better support arts and cultural land use as a consistent approach in the NCC 2019.

The Proposal That the NSW and SA variations to the NCC definition of Assembly Building, associated NCC definitions of Class 6, as well as the SA Small Arts Venue variations be a matter for consideration to be adopted nationally by all States and Territories in the NCC 2019.

SA A1.1

Definitions, Assembly Building, Small Arts Venue

NSW A1.1

Definitions, Assembly Building Note that the New South Wales variation to the NCC definition of Assembly Building differs from the SA variation as it also deletes the reference to a discotheque or nightclub

SA D1.2 (H)

Any small arts venue that accommodates more than 50 persons, calculated under D1.13

SA D2.21 (D)

Section D Access and Egress Part D1 Provision for Escape

SA A3.6

Classifications, Class 6 (e) Small Arts Venue

NSW A3.2 Classifications

Numerous government reports and commitments to industry nationally have identified the operation of these provisions in the NCC to being a barrier for small-to-medium sector arts and cultural land use.

SYDNEY FRINGE FESTIVAL | 27

This proposal directs the Australian Building Codes Board (ABCB) to the supporting documents produced by the Live Music Office, Sydney Fringe Festival and the City of Sydney that investigate the challenges created by the current system, including;

2015: Live Music Venues and the Building Code of Australia Issues Paper, Skip Consulting

2015: Low Risk Arts and Cultural Venues – NSW Case Study for National Application, Design Collaborative

2015: Sydney Fringe Festival: Findings of the Pop-Up Theatre Pilot Project, Sydney Fringe Festival

2016: New Ideas for Old Buildings Report, City of Sydney

2016: Sydney Fringe Off Broadway Report, Sydney Fringe Festival / Live Music Office

This proposal identifies two distinct problems that could be addressed by reforming these provisions in the NCC for 2019.

• The issues facing small-to-medium creative spaces and the application of definitions designed for larger premises with entertainment/ assembly land-use activity.

• Lack of affordable appropriate small-to-medium sized cultural spaces for performance, rehearsal and multi-purpose use.

• Restrictions on building use and land use that prohibits low-impact cultural use or performances in many areas that would otherwise suit that type of activity.

• Lengthy and costly project timelines that prohibit temporary cultural activity or support sustainable grassroots business models.

LACK OF AFFORDABLE SMALL-MEDIUM SPACES

28 | AN ANTHOLOGY OF SPACE

RESTRICTIONS ON BUILDING AND LAND USE

LENGTHY AND COSTLY PROJECT TIMELINES

The 2015 Sydney Fringe Festival Findings Of The Pop-Up Theatre Pilot Project Report speaks to the issues the sector faces in the introduction.

In many instances, managers of small and medium creative spaces, generally under 500m2, have found focusing primarily on arts and cultural activity has drawn them into regulatory categories designed for much larger theatre and performance space. Whilst relatively defined regulatory pathways exist for small bars and retail spaces, regulation does not appear to scale effectively between small and large creative spaces.

Currently, creative spaces are often subject to definition within the planning system as ‘Entertainment Venues’ and, within the building system, as ‘Assembly Buildings’. These categories have been designed for nightclubs, major halls and public buildings such as airports and schools. Whilst they can be adapted to apply to smaller creative spaces, this can only be done at a cost well beyond the limited resources of smaller creative enterprises, and with time-frames which make short term and temporary projects untenable.

Increasingly artists are presenting work that is breaking with tradition, is multi-genre, and pushing the boundaries of form and function. These contemporary works require a very different venue from the traditional theatres of old.

When weighing up the average inner city retail property to lease short term, with the producer retaining all box office earnings, a pop-up retail conversion becomes an economically viable option to hiring a traditional theatre space. Rental rates are generally cheaper than accessing one of the limited hireable spaces, time spans are more flexible, and the producer has greater control over ticketing, staffing and other conditions. This increased control over ticket pricing and expenses makes it possible to make a profit, rather than the investing most earnings back into hiring the venue.

*

If artists were able to legally and affordably use available, empty spaces the current venue crisis would literally cease to exist.

We also submit that serious consideration be given to increasing the capacity of the Small Arts Venue variation precedent from SA for wider application to expand from the current 300m2 to 500m2, acknowledging that the provisions for 300m2 and 500m2 are similar.

SYDNEY FRINGE FESTIVAL | 29

HPG Festival Hub

2017/18

HPG FESTIVAL HUB For this project, SFF activated a large-scale industrial site (awaiting approved residential development) as a temporary creative arts centre for independent artists, and utilised this space as a main festival hub during the year’s festival activities. This project would identify the issues around activating largescale space, and the requirement to submit a full DA for a Change of Use with provision for food and beverage capabilities.

Proposed Activity The site at 225 Euston Road, Alexandria was provided in-kind to SFF to host monthly cultural activations in the lead up to the festival.

SFF would rehouse offices to the site for 2017.

The site was to be used as the official festival hub with daily activity during September 2017.

SFF would utilise the space to create alternative income streams for the organisation.

Issues • Tenuous site due to adjoining large public parklands, Sydney Park and neighbouring major State construction project West Connex.

• Active resident groups in the area adverse to major residential development in the area.

• Full DA required to temporarily change the use of the site.

• Multiple uses and performance spaces to be facilitated within the footprint of the building including the developer’s retail showroom.

• Inclusion of food and beverage services in the temporary activity.

• First activation of its kind in Sydney that included primary purpose performance and entertainment.

• Resistance from NSW Police Local Area Command.

• Difficult site access due to neighbouring road works in association with the Westconnex project.

• Multiple stakeholders.

DIFFICULT SITE ACCESS DUE TO SURROUNDING CONSTRUCTION

INCLUSION OF FOOD AND DRINK

RESISTANCE FROM NSW POLICE

SYDNEY FRINGE FESTIVAL | 31

Process • Use of landowner’s consultancy team provided to SFF planners Design Collaborative for all DA lodgment requirements.

• DA lodged December 2016.

• City of Sydney LGA round-table convened for the project to ensure that arising issues could be dealt with collaboratively and swiftly.

• Police resistance to DA, insisting “No dancing” and “No DJs”.

• DA approval granted end of May 2017.

• Liquor license and Occupation Certificate granted 23rd August 2017.

• First events 25th and 26th August 2017.

• Festival opens 2nd September 2017.

• Use of building extended to December 2017 with rolling options for 2018.

• Cultural Infrastructure grant [received for the continuation of the project.

• Project continued through 2018.

• Commitment from landowner to include permanent cultural space in finished development for SFF. The key recurring issue encountered for this project, which caused prohibitive restrictions to the activation, was stringent and overbearing conditions put in place as a result of a perceived risk associated with the live performance activity. As per the two previous project reports, this underlying misunderstanding about the actual level of risk associated with live art and cultural activity is continuing to swathe the sector in overbearing and unnecessary red tape that actively prohibits any type of diverse activity. To that end:

*

1. A reduced venue capacity was sought to ensure a smooth and swift approval process due to project timelines. This, however, limited the success of the activation, the organisations ability to draw an income form the site, and identified once more that perceived association of risk with performance by regulatory authorities is aligned with the types of activities programmed.

The venue had a total capacity of 450. This is a relatively low figure for such a large space (7000m2) but this was pursued for ease of approvals and safe amenity. It was also deemed equitable as most of the activity in the venue as part of the festival program was comprised of multiple performance session times with small audience numbers expected. This is in line with independent arts programming generally. It is significant that 70 per cent of participating artists in the 2017 festival requested venues with a capacity of 100 seats or under. Essentially the site was to be run as a collection of multiple small-capacity venues, with minimal need identified for the entire capacity to be utilised at any single time.

32 | AN ANTHOLOGY OF SPACE

That said, the approved overall capacity of 450 people limited the organisation’s ability to program the space with additional commercial activity that would generate essential revenue through the activation. Most large-scale public events or activations (food fairs, art exhibitions, brand activations for example) require a capacity of a minimum of 1000. This would have been allowable within the footprint of the site but was likely to have been problematic when applying for and gaining temporary approvals.

2. Multiple instances of resistance by NSW Police Local Area Command, motivated by an assumption of risk associated with programming.

During the DA process the local police insisted on greater security provisions for this temporary activation. This included:

The provision for two security guards for up to 100 people and one per 100 thereafter, irrespective of the type of activity taking place on site.

The letter from Police suggested this is an “industry standard”. In SFFs experience, this is a standard deployment only for nightclubs and other similarly high-risk venues. The operation proposed by the SFF did not carry the same level of risk as that undertaken in a large-capacity commercial nightclub that would ordinarily be subjected to this security requirement. As such, SFF believed that it was not considered necessary to provide such a high level of security for events at the activated site.

Under the recommendation from the police, each event would need to be monitored by two (2) security personnel. That is excessive for the bulk of events that the Fringe Festival would provide.

For a full-capacity event, five (5) security guards would need to be deployed. Unless liquor was made available for an extended period, that level of security was considered by SFF as excessive.

This was unsustainable for the SFF as it would have required two security guards to be onsite; even if the activities taking place did not involve the sale of alcohol. The activations were low-risk or had a small amount of people within the premises. For example, a morning yoga class of 25 people would have required two security guards to be present. These conditions would have made most proposed activity in the space not commercially viable.

High risk was assumed based on a bias of opinion towards past programming that was formed from no basis of fact or actual understanding of what the activity entailed. This is, in SFF’s experience, a common issue that creative organisations encounter when trying to activate space in non-traditional venues or for one-off events.

SYDNEY FRINGE FESTIVAL | 33

In 2016, the SFF hosted discos as part of that year’s festival program: Deadly Disco: in partnership with Redfern Community Centre. A family-friendly free event Drag Disco: held in a licensed venue, Midnight Shift Retro Disco: held in a licensed venue, The Green Park Hotel Silent Disco: held in World Square shopping centre. A family-friendly free community event In their response to the SFF’s DA for the HPG Festival Hub the Local Area Command used these past event examples to make the assumption that:

‘‘

“The entertainment venue will inevitably be utilised for disco events in 2017 and therefore captured under the Category A criteria. If this is not the case the applicant will have no issue with the inclusion of condition 7 as suggested below.”

Condition 7: “The venue is not to be used for entertainment that includes DJ’s and dancing.”

Imposing Category A criteria on the activation would require that the activity had the highest security conditions placed on it, the same as a large-scale commercial nightclub.

This was completely incongruent with the proposed activity of small scale, low-capacity theatre and arts events. While the overall capacity of the activation was to be 450 (inclusive of staff) the space was to be divided into multiple small-capacity performance and exhibition spaces, consistent with a conventional arts centre or hub, with various venues contained within a large overall footprint, rather than a commercial nightclub.

The insistence that if SFF did not identify in this way then it would be accommodating to a condition that banned dancing and DJ’s is also unworkable and based again on an uninformed opinion of what ‘dancing’ is and what type of crowds and activity surround contemporary music and cross artform practice.

SFF was able to navigate these conditions as the organisation and project had the support of its local council, the City of Sydney. Only via a partnership with HPG Australia did it have the means to employ highly-skilled and experienced consultants with expertise in this field of negotiation.

This project successfully gained State Government and private-sector funding, and continued for an additional 12 months beyond the initial project period. Due to the success of this pilot, the owners of the site have now committed to include permanent cultural space in the final development.

34 | AN ANTHOLOGY OF SPACE

This project is a leading example of what can be achieved with a private-sector partnership for a cultural organisation. With continual increases in residential development across our cities, opening up pathways for the cultural sector to partner with property owners and activate temporary large-scale sites is vitally important to create greatly needed space for creative industries, and encourage the creation of new permanent space for the sector.  

Fringe Ignite

SYDNEY FRINGE FESTIVAL | 35

2017-2018

SFF HPG FESTIVAL HUB PROJECT REPORT

SYDNEY FRINGE FESTIVAL | 37

PROJECT

SUMMARY In 2016, a Principle Partnership was formed between the Sydney Fringe Festival (SFF) and Hailing Property Group Australia (HPG Australia) that enabled an empty warehouse building on an industrial site at 215-225 Euston Rd Alexandria, NSW, to be gifted to the Sydney Fringe Festival. It was to be used as a temporary creative arts centre for the independent arts sector of Sydney while the site waited residential development.

The site consisted of a 7000m2 warehouse, surrounding car-park areas and three further floors of office suites. The site had been used previously as a dispatch depot by FEDEX and had been purchased by HPG Australia with the intention of residential development. The landowners wanted to see the space activated and utilised while development approvals were pending.

The partnership would enable SFF to create a temporary multi-purpose facility that could accommodate creative offices, rehearsal space, small-scale theatre productions, large-scale public events and serve as a consolidated festival hub during SFF’s September festival.

While partnerships between private-sector developers and the cultural community are not uncommon, most historic partnerships have focused on temporary activity that fitted under existing approved uses only, such as office space, workshops or gallery activations. None had secured full approvals for a complete Change of Use to accommodate and allow for entertainment, live music, performance and food and beverage service. As such, a temporary activation of this scale and kind had not been achieved in Sydney before by an independent arts company to the best of our knowledge.

This project was managed by SFF in partnership with HPG Australia and supported by the City of Sydney. It has been utilised as a pilot for the temporary re-adaptive use of large-scale space for the performing arts sector. This report outlines the processes taken to activate the site, the issues encountered, and the resulting activity, alongside SFF’s recommendations for simplification of processes to ensure that cultural organisations can recreate this type of partnership in the future in NSW. This report should be read in conjunction with SFF’s previous work in this area: 2015 Temporary Theatre Pop-up Pilot Project (in partnership with City of Sydney) 2016 Off Broadway Project (in partnership with Inner West Council) Both reports for the above projects are collated at the end of this document and provide valuable statistical data on the requirements of the independent arts sector, with a focus on the need for appropriate, affordable space. Also included in this report is the 2017 joint submission to the National Construction Code review submitted by SFF, The Live Music Office and Music NSW, which outlines associated recommendations that have been cumulatively identified from these projects.

SYDNEY FRINGE FESTIVAL | 39

Site location 40 | AN ANTHOLOGY OF SPACE

SYDNEY FRINGE FESTIVAL | 41

EXISTING BUILDING USE/ LEP/APPROVALS AND

COMPLIANCE The existing building had an approved use for 24/7 activities, having been used previously as dispatch and delivery headquarters for FEDEX. The site was in the middle of an established industrial area, with no residential property directly adjoining or adjacent.

• • • • • •

24/7 use is the highest density permissible usage.

Existing use of the site factory, warehouse and office premises.

Full industrial area.

No close residential neighbours.

Relatively close to public transport links, including rail and bus.

Extensive onsite parking available.

Change of Use SFF engaged independent planning consultant Design Collaborative to lodge a DA for a Change of Use as follows: Change of use of ground floor of existing factory and office building to entertainment premises.

The entertainment premises is proposed to be used by and during the Sydney Fringe Festival 2017. It is also proposed to be used on a weekly basis on Friday and Saturday nights for twelve (12) months.

Design Collaborative worked with independent consultants engaged by HPG Australia as part of their Principle Partnership with the SFF. The DA process, necessary reports and consultant fees were also funded by HPG Australia.

SFF sought approval for: 1. An entertainment area 2. Bar/ hospitality area 3. Outdoor audience area adjoining the hospitality area The venue would have a total capacity of 450 patrons. This is a relatively low capacity for such a large space (7000m2) but was pursued for ease of approvals and safe amenity. It was also deemed equitable as most of the activity in the venue as part of the festival program was comprised of multiple performance session times with small audience numbers expected. This is in line with independent arts programming generally, and 70 per cent of participating artists in the 2017 festival requested venues with a capacity of 100 seats or under. Essentially the site was to be run as a collection of multiple small-capacity venues, with minimal need identified for the entire capacity to be utilised at any one time.

42 | AN ANTHOLOGY OF SPACE

That said, the approved overall capacity of just 450 patrons limited the organisation’s ability to program the space with additional commercial activity, activity that would generate needed revenue through the activation. Most large-scale public events or activations (food fairs, art exhibitions, brand activations for example) require a capacity of a minimum of 1000. This would have been amenable within the footprint of the site but was considered to be problematic when applying for and subsequently gaining temporary approvals.

Proposed Activity SFF intended to relocate the organisation’s administrative offices to the site and to create multiple small-scale performance spaces: 2 x small staged areas for theatre, cabaret and dance performances 1 x large exhibition/ rehearsal space 1 x hospitality area for food and beverage service

The multiple uses would enable the organisation to create additional and diverse income streams while based at the site for the agreed 12-month period – by renting affordable, appropriate performance space to local independent artists and providing low-cost office and rehearsal space. In addition to this year-round activity, the festival would utilise the entire space for the period of 1-30th September 2017, to serve as a festival hub, presenting 42 events over 25 days in the multiple spaces.

DA Process The DA was lodged on 22nd December 2016, with an amendment to utilisation days and security conditions lodged 24th January 2017.

The City of Sydney has a 40-day turn around policy for approvals on all DA applications. The required 30-day notice period is included in this 40-day turn-around time. Council, however, can, at any point in time, place a ’stop the clock’ hold if there are any objections or further information is needed.

A DA will only be referred to a Council meeting if there has been a public objection during the notice period, or if it is an application that drastically alters the overarching vision for the City and needs greater consideration. In most instances, it will go to the Planning Department and sometimes the associated committee meeting.

SYDNEY FRINGE FESTIVAL | 43

A round table was convened between the various City planning teams, the cultural team and SFF to work through the issues that arose during the DA process due to the uniqueness of this activation.

Additional requirements were subsequently insisted upon, which SFF disputed, and which now caused the DA process to be further delayed. Final approval was not granted until August 2017. This meant that SFF was not able to utilise the site until late August 2017, and ultimately, losing six months of programming opportunities and associated income.

Issues Encountered During the DA Process 1. Insistence on greater security measures imposed by police During the DA process the local police insisted on greater security provisions for this temporary activation. This included: The provision for two security guards for up to 100 people, and one per 100 thereafter, irrespective of the type of activity taking place on site.

(The usual provision in venues is one guard per 100 people) This was unviable for SFF as it would have required two security guards to be onsite, even if the activities taking place did not involve sale of alcohol, and the activations were low-risk or had a small amount of people on site. For example, a morning yoga class of 25 people would have required two security guards to be present.

The Sydney Fringe Festival is a multi-genre, encompassing all art forms and cultural activity. It represents the independent arts sector – artists who often attract small audiences, have extremely limited budgets, no government subsidy and work in a nimble, low-fi way. A festival event could as easily comprise a small craft workshop as it could a music performance or theatre production. The diversity of the festival program and the definition of what encompasses ‘cultural activity’ needs to and should be acknowledged and understood throughout the planning process.

Ensuring that overheads are kept to a minimum is vitally important to the success of any independent arts activity. The addition of a high level of security based on an assumption of high-risk activity, would result in most activations being prohibitively expensive, and would have had a substantially negative impact on the viability and variety of programs being conducted by the SFF. Activities provided by the Fringe Festival were to range from spoken word, theatre, art, classes, under-18s events, and live music, including licensed and unlicensed events. SFF did not believe that all these activities warranted the provision of security, and particularly, not the high level of security called for by the NSW Police.

*

SFF’s proposal sought to provide security on the following basis:

Whenever there is a live music event where liquor is available, the Fringe Festival will deploy one security guard for the first 200 patrons and one security guard for each additional 100 patrons thereafter.

44 | AN ANTHOLOGY OF SPACE

This clause was specifically designed to reflect the variety of circumstances and events that are put on by SFF and the low-risk nature of an event held by a non-profit community organisation.

*

NSW Police requested security along the following basis:

Two (2) security guards for the first 100 patrons and one (1) security guard per 100 patrons thereafter.

The letter suggested this is an ‘industry standard’. In SFFs experience, this is a standard deployment only for nightclubs and other similarly high-risk venues. The operation proposed by SFF did not carry the same level of risk as that undertaken in a large capacity commercial nightclub, which would ordinarily be subjected to this security requirement, and as such SFF believed that it was not considered necessary to provide such a high level of security for events at the activated site.

Under the recommendation from the police, every event would need to be monitored by two (2) security persons. That is excessive for the bulk of events that the Fringe Festival would provide.

For a full capacity event, five (5) security guards would need to be deployed. Unless liquor was made available for an extended period of time, that level of security was considered by SFF as excessive.

Most of events held by the Fringe Festival would be relatively short. The longest events where liquor would be made available were likely to be three to four hours.

SFF’s proposed level of security in the Plan of Management was compiled according to the various types of events and being mindful that there would be other staff available onsite. For a 400-person event with liquor available, in addition to the minimum requirement for security, it was proposed there would be between four and eight additional staff. There would be a site manager, bar manager, bar staff and floor staff. For smaller events, such as classes or theatre shows, there would be at least one or two staff members.

In order to fully reflect staffing on the nights, the Plan of Management was amended to require the deployment of minimum levels of staff for all events. The amendment was proposed at the same level proposed for the provision of security: one staff member for the first 200 patrons and one additional staff member for each additional 100 patrons thereafter. Any security provided, consistent with the proposed Plan of Management clause for licensed live music events, would be in addition to these staffing levels.

This would provide for minimum and appropriate staffing levels for low-and medium-risk events.

For higher risk events when liquor and live entertainment is provided, a doubling of the minimum required supervision would be provided through the Plan of Management.

SYDNEY FRINGE FESTIVAL | 45

Revised draft security conditions were provided on the 23rd May, which included: 1. Entertainment Centre Security Provisions Management shall provide security staff to manage patron behaviour, facilitate entering and exiting the premises in a safe manner, control large crowds and protect the amenity of the surrounding neighbourhood in accordance with the following; a 1 Security guard for the first 200 persons and 1 for the next 200 shall be provided in the following circumstances; i Any event when amplified music is played and alcohol is being consumed on site. b 1 security guard for patron numbers over 100 shall be provided in the following circumstances; i Any event when amplified music is played and alcohol is not being consumed on site, e.g. under 18s events. ii Any event when alcohol is being consumed on site and crowds are required to stand for the duration of performances/events. iii Events which management would deem to require security guards for crowd control and patron behaviour purposes. c No security guards are required for the following events; i Live theatrical performances. ii Film, television or any other type of media screening. iii Recreational events such as yoga, meditation and other passive recreation. iv Low-impact events where alcohol is not being consumed on the premises.

Renegotiation of this security clause caused months of delay to the approval process and resulted in the project timeline being delayed substantially.

Although less than ideal, SFF could navigate this delay and negotiation process because it is a professional events company that has experience activating unusual spaces and sites, has principle partnerships with local government areas and, in this instance, had the means to employ an independent planning consultancy firm to represent them in the process. Most creative producers or independent arts companies do not have the resources or skill level required to navigate this process. The assessment of Development Applications by NSW Police that associate all cultural activity as high risk is prohibitive to cultural businesses that are driven by a desire to activate our global city in interesting and unique ways.

2. Acoustic Reporting Requests for further information around acoustic reporting also contributed to delays. Despite no adjoining or adjacent residential premises to the site, and despite the small scale, mostly acoustic program of theatre events that was proposed, there was great concern around noise attenuation to the neighbourhood that might be produced via the activation.

As such the below conditions were agreed upon: 18 The LA10 noise level emitted from the Premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 7:00am and 12.00 midnight at the boundary of any affected residence.

46 | AN ANTHOLOGY OF SPACE

19 The LA10 noise level emitted from the Premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz - 8kHz inclusive) between 12.00 midnight and 7:00am at the boundary of any affected residence.

20 Notwithstanding compliance with the above, noise from the Premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7:00am.

21 The background noise level must be measured in the absence of noise emitted from the Premises.

With the additional measures of: 13 No speakers are to be installed within or directed towards the outdoor area.

15 During the provision of entertainment, only a single roller door on the south-western façade may be open.

16 During the provision of entertainment, the southern facing emergency doors may be open.

17 Amplified music shall be limited as follows.

Time period

Criteria

Laeq 15 min dB(A)

7am –10pm

65

10pm–12am

55

12am–2am

45

Predicted noise level from patrons Laeq 15 min dB(A)

Maximum sound pressure level from speakers at 1 metre Laeq 15 min dB(A)

120 31

110 100

SYDNEY FRINGE FESTIVAL | 47

The revised acoustic report removed the assumption regarding closed windows and doors and airconditioning for nearby sensitive land uses. The report was also revised to require the roller doors to be closed after midnight.

3. Pedestrian Access As the site adjoined a large public park and was at the time, surrounded by major road works for the State Government WESTCONNEX transport project, there were concern about safe pedestrian access to the site. It was required that: 1.

2.

3.

4.

Pedestrian movements be made to the site without travelling along the Euston Road roadway Pedestrians not be forced to make use of Sydney Park for access to the site.

Lighting will be adequately provided to pedestrians who access the site at night.

Any alternate travel arrangements to the site will be advertised to the knowledge of all participants and make considered use of the Sydney Trains network.

Excluding on-foot access via the park and pedestrian access via Euston Rd placed extreme pressure on patrons who wanted to access the site. It eliminated the two quickest routes from the nearby train station and forced patrons to walk via two roads with very poor lighting in industrial areas at night to access the site.

To combat the potential safety issues the following measures were put in place: 1. SFF advertised alternate walking routes to the public that avoided the park and Euston Road.

2. A taxi rank was created outside the venue in the onsite parking lot.

3. A pick-up/ drop-off zone was created outside the building.

4. WESTCONNEX provided traffic control and signage to guide pedestrians if they did come down Euston Road.

5. Pedestrian crossings outside the site were manned by traffic management personnel.

6. Following an event where security has been deployed, a security guard shall assist with the departure of patrons, and in particular as a pedestrian or traffic controller to assist patrons to safely cross Euston Road.

7. Signage will be erected directing taxis and Uber vehicles onto the property to collect patrons from the under croft of 215 Euston Road. Staff will assist with the management of queues.

An additional condition imposed by the local Police further insisted on visitors not utilising the park to gain access to the site. SFF would like to see local government authorities and local area commands work collaboratively with organisations trying to activate unused public domain areas of their city.

The best-case solution would have been to highlight the beautiful park, activate the walking route with additional temporary lighting and enable pedestrians to utilise the park area to take the shortest, safest walking route directly from the train station, encouraging use of public transport and providing them a safe walking route.

48 | AN ANTHOLOGY OF SPACE

4. Police Objections Throughout the DA process Local Area Command were not supportive of the proposed temporary activity. Objections and subsequent conditions were made based on an assumption of high-risk activity with no apparent regard to the SFF’s programming or operational history.

High risk was assumed based on a bias of opinion towards past events that was formed in our view from no basis of fact or actual understanding of what the activity entailed. This is, in SFF’s experience, a common issue that creative organisations encounter when trying to activate space in non-traditional venues or for one-off events.

In 2016, SFF hosted discos as part of that year’s festival program: • Deadly Disco was held in partnership with Redfern Community Centre, and was a family friendly free event.

• Drag Disco was held in a licensed venue, Midnight Shift.

• Retro Disco was held in a licensed venue, The Green Park Hotel in Zetland.

• Silent Disco WAS held in World Square shopping centre and was a family friendly free community event

‘‘

In their response to SFF’s DA for the HPG Festival Hub the Local Area Command specifically referenced these past event examples to make the assumption that:

“The entertainment venue will inevitably be utilised for disco events in 2017, and therefore captured under the Category A criteria. If this is not the case the applicant will have no issue with the inclusion of condition 7 as suggested below”

Condition 7: “The venue is not to be used for entertainment that includes DJ’s and dancing.”

Imposing a Category A criteria on the activation would require that the activity had the highest security conditions placed on it, the same as a large scale commercial nightclub.

This was completely incongruent with the proposed activity of small-scale, low-capacity theatre and arts events. While the overall capacity of the activation was to be 450 patrons (inclusive of staff) the space was to be divided into multiple small-capacity performance and exhibition spaces, consistent with a conventional arts centre with various venues contained within a large overall footprint, rather than a commercial nightclub.

The insistence that if SFF did not identify in this way then they would be accommodating to a condition that banned dancing and DJ’s is also untenable and based again on an uninformed opinion of what ‘dancing’ is and what type of crowds and activity surround DJ’s.

For a major performing arts festival to not be allowed to program dance-based works in a festival hub was completely unacceptable and speaks to the treatment and bias placed on artists and cultural organisers in Sydney/ NSW when they try to activate events and run their businesses.

SYDNEY FRINGE FESTIVAL | 49

This was raised during question time by the Hon, John Graham to the Hon, Anthony Roberts, Minister for Planning, Housing and Special Minister of State Leader in the Legislative Assembly in 2018.

The Hon. JOHN GRAHAM “That is right, there are venues closing and it is very expensive.

Would it concern you to hear this? That one of the provisions that were put in place recently, and fought off in the end, was this requirement for the Sydney Fringe Festival – no disc jockeys [DJs] and no dancing?”

The Hon. TREVOR KHAN “No dancing? That is outrageous!”

Mr DAVID SHOEBRIDGE “That was the Methodist amendment.”

The Hon. JOHN GRAHAM “I am not sure what the intention was to police that. It sounds like some sort of sequel to Flashdance…

In the end that provision was not applied but it was recommended for this radical fringe arts festival.

Surely we have to tackle these issues, Minister?”

Mr ANTHONY ROBERTS “I am happy if you would like to set up a meeting between those who are affected by this and me from the point of view of doing what we can to assist with respect to night music, because this is not necessarily site-specific.”

The Hon. JOHN GRAHAM “That is appreciated, thank you.”

These prejudices against certain types of cultural activity by NSW Police were again demonstrated in evidence given in the 2018 NSW Parliamentary Inquiry into the Live Music and Arts Economy where, alongside SFF, instances were given by many cultural organisations, venues and artists citing similar restrictions to their business activity such as: No Mirror Balls, cited in evidence by Solotel Venues: The Hon. JOHN GRAHAM “I understand from your submission that yours is one of the venues that has a mirror ball. We have heard about a number of venues that are coming under regulatory pressure for having mirror balls.

That is a breach of some arcane planning law.”

Ms BAKER “One of our venues in Surry Hills…”

The CHAIR “Let us resolve this mystery of mirror balls.”

50 | AN ANTHOLOGY OF SPACE

The Hon. JOHN GRAHAM “What is going on?”

Ms BAKER “We are not allowed to have a dance floor.”

The CHAIR “On what grounds? The Committee is trying to find out about the layers.”

Ms BAKER “That is what I am trying to find out. That is what I would like to ask the Committee.”

The CHAIR “We are trying to get to the bottom of the layers and to find out why they have been rejected”.

Ms BAKER “We bought a business that was operating under a very different business model. There were many band nights and the venue was very close to the college of music. There were many young student nights and the neighbours did not like it. Restrictions were imposed on the licence and there could be no dance floor. The symbols of a dance floor were [considered to be] mirror balls and flashing lights.

We have a lot of neon instead.”

The Hon. JOHN GRAHAM “So it is mood lighting?”

Ms BAKER “Yes, it is mood lighting.”

The CHAIR “Can people wear mirrors?”

Ms BAKER “Police regularly visit our venue questioning whether we are in breach of our licence because people are dancing.”

The Hon. JOHN GRAHAM “That is shocking!”

Ms BAKER “They would like us to turn off our lights. We have regular visits from the police telling our licensees and general managers that the lights need to be turned up because they cannot see the customers.”

The Hon. JOHN GRAHAM “How do you police dancing? How do you know when someone has moved from having a good time to dancing?”

SYDNEY FRINGE FESTIVAL | 51

Ms BAKER “There is good dance versus bad dance? I do not know.”

The CHAIR “I am an example of a bad dancer.”

The Hon. SHAYNE MALLARD “That is dad dancing…”

Ms BAKER “You should be able to dance wherever you like.”

The CHAIR “There are local government restrictions and they are normally policed by local government.

What would the police be doing managing a local government issue? Surely that would be the responsibility of the environment officer.”

Ms BAKER “That is the question. We do not understand. We have multiple layers of state and local regulations within our venues, and they are in conflict. I have had multiple managers in our venues who have left hospitality because of the compliance issues they face. They are highly stressed because of the responsibility and the continual visits from police, the local council and so on. They have lost the joy of hospitality.”

The Hon. JOHN GRAHAM “It goes to the complexity of these regulations. But it is getting pretty silly if we are regulating something like that.”

Ms BAKER “If you are regulating dancing, yes.”

No Rock Music: Terrigal Hotel, cited in evidence by the Live Music Office Mr WARDLE “How the 90-day change happened in South Australia is we had done the building code reform, we had got the variation for the building code and we had removed all entertainment conditions off liquor licences in South Australia. Under the Liquor Act in South Australia, entertainment conditions, which are all of those crazy things that these businesses in this room have to experience around the conditions on their liquor licence, like Irish bars having to have only Irish music, no rock…”

The Hon. CATHERINE CUSACK “I did not know that. Is that serious?”

Mr WARDLE “These are individual conditions that we would find on specific venues. These things still exist.”

52 | AN ANTHOLOGY OF SPACE

The Hon. CATHERINE CUSACK “Where are these conditions coming from?”

PC6 CORRECTED Monday, 26 March 2018 Legislative Council Page 53 Mr WARDLE “I was a witness a couple of years ago for the Terrigal Hotel. The Terrigal Hotel has got no rock conditions on its liquor licence.”

The Hon. TAYLOR MARTIN “That is my local. This explains a lot”.

Mr WARDLE “I was the star witness for the defence on what is rock. This silliness continues. We were able to get rid of all of that in South Australia because the entertainment consent was in a particular line item in the Liquor Act. We were able to strike that out so all of those conditions had no effect. For businesses in New South Wales that have conditions like this that are out of date, they need to then go to council and have a variation on their licence. In South Australia we were able to do it in one fell swoop by changing the Act. What we learnt from that was that agencies are not communicating and the regulatory framework is not coordinated.”

Final DA consent was eventually provided 29th May 2017.

ACTIVATING THE

BUILDING Due to the delays in the approval process, once consent was granted, SFF had very limited time to activate the building for the scheduled September event start date. The final Occupation Certificate was not granted till the end of August, only days away from the festival opening date and eight months after the initial DA application was lodged for a temporary Change of Use. The Plan of Management was approved for the DA, but the Occupation Certificate was then deemed inadequate and needed to be expanded. The application process for the Occupation Certificate brought new hurdles that required navigation.

SYDNEY FRINGE FESTIVAL | 53

PLAN OF

MANAGEMENT The Plan of Management that had been submitted as part of the DA process and was satisfactory for the DA approval and for liquor licence approvals but was deemed inadequate for the Occupation Certificate to be issued. Encountering discrepancies within separate regulatory departments is another frequent issue faced by the sector when activating space.

To move forward SFF needed to be granted a Temporary Occupation Certificate to enable any use, and for the festival to meet its timeline of event delivery. In consultation with Council’s Compliance team, SFF raced to meet the relevant conditions and to update the Plan of Management.

Issues that needed to be addressed within the previously suitable plan of management included: CCTV – while mention of this was made in the original draft Plan of Management provided by planners in the DA application, more detail was required due to the nature of the activation being deemed high-risk by NSW Police, and the provision for the sale of alcohol. Conditions included: 1. Cameras in every area of audience travel, including major entrances and exits 2. Footage be viewable live and that records be kept for a substantial period of days.

Due to this, it was not tenable to install systems with USBs in place on each camera for record keeping as these would need to be changed regularly by festival staff, which was unrealistic due to the height of the ceiling. SFF therefore had to engage a CCTV contractor to install cameras, screen and offsite recording/ storage at considerable cost to the project. Due to the size of the space, substantial cabling needed to be hired to ensure all areas were covered, the contractor needed to drill through several walls to pass CCTV cabling. This increased the cost significantly.

There were several other areas of the final Plan of Management that required modifications to ensure final approval. a Revisions to the stamped Site Plan to include all areas (smoking, storage, waste etc.) that were referred to in the Plan of Management b Revisions to the Traffic Management and Vehicular Access Plan.

While a separate Vehicle, Pedestrian and Traffic Management plan had been completed by planners as a separate document early in the DA application process, elements from this needed to be included in the final Plan of Management submitted, to avoid delays in approvals.

Additional areas that needed actioning were identified in this process including: i Creation of an additional signage plan for signage in car park and street areas. ii Establishment of a relationship with a taxi company to provide support. iii Engage additional lighting at considerable cost to light external façade of the building and the driveway areas.

54 | AN ANTHOLOGY OF SPACE

EVACUATION Being an aging and formerly vacant building, evacuation plans and procedures were largely non-existent. It proved impossible to try to source previous evacuation plans. The original plan of management created to satisfy the DA application did not specifically address evacuation needs but SFF deemed it necessary that these measures be in place for management of emergency, fire, and evacuation.

This was further complicated by the fact that some internal changes had been made to the footprint, including the installation of a hoarding to separate SFF’s designated area from the owner’s display suites, which were under construction. Any pre-existing plans therefore would be null and void as evacuation routes had now changed. A professional emergency-plan contractor was engaged to assess the site and deliver new evacuations plans and diagrams. These were created, printed and installed at all relevant exits and formed the basis of staff induction and procedures. All exit lights needed to be repaired and in working order. A few were identified as broken and a contractor was engaged to repair them.

FIRE SAFETY As a disused building, a detailed fire audit was required. Fortunately for SFF, HPG Australia undertook this audit as they were also utilising the site for their sales display suites. This included fire monitoring and sprinkler testing that carried significant cost, and would have needed to be met by SFF had they not already been recently carried out by the property owner.

SYDNEY FRINGE FESTIVAL | 55

NOISE MONITORING AND

COMPLIANCE As the site is largely in an industrial area, this was a major consideration for compliance and the draft Plan of Management. Council required an Acoustic Report to be completed, referenced in the Plan of Management and submitted to Council for said plan to be approved. This was specifically about calibration and compliance as per condition 13 of the DA. As the requirement was to comply acoustically with NOISE – ENTERTAINMENT, compliance and calibration included noise limiters being installed on all sound equipment on site and detailed acoustic monitoring in car park areas, and around the external premises of the site.

The first event that was due to take place in the space was by an event partner. This event partner desired to use its own sound equipment for the event. Hence, two separate rounds of acoustic monitoring and reporting would be needed for acoustic compliance. The first round was completed, which included installing relevant devices and limiters on the partner’s rented equipment and acoustic monitoring following this. The second followed this event, and limiters were installed on all SFF sound equipment that would be in place for the month of the festival, and a second acoustic report of this equipment and surrounds was completed. These reports were provided to Council’s planning department to meet the requirements of the Plan of Management approval.

All of the above compliance areas carry great burdens of costs to small arts organisations; the costs do not vary if you are undertaking these requirements for a permanent venue or a temporary activation. But the organisation’s ability to recoup these costs is greatly reduced in a temporary activation. Had the SFF not had financial support from HPG Australia and – for the following year – successful grant funding from the State Government’s Liquor Gaming Infrastructure Grants program, the organisation could not have undertaken this project.

56 | AN ANTHOLOGY OF SPACE

FESTIVAL

PROGRAM EUSTON ROAD PROGRAMMING

WEEK 0

SUNDAY 3

SATURDAY 2 HEAPS GAY ALL DAY

WEEK 1

Two + 1

Fierce

MONDAY 11

4:00 4:30 5:00 5:30 6:00 6:30 7:00 7:30 8:00 8:30 9:00 9:30 10:00 10:30 11:00 11:30

SATURDAY 9

FRIDAY 8

SUNDAY 10

WEEK LONG EXHIBITS

Inner Journey

Inner Journey

Inner Journey

Two + 1

Two + 1

Two + 1

Two + 1

STAGE AVAILABLE

Fierce

STAGE AVAILABLE

Fierce

STAGE AVAILABLE

Fierce

STAGE AVAILABLE

Fierce

STAGE AVAILABLE

LATE SPOT AVAILABLE

LATE SPOT AVAILABLE

LATE SPOT AVAILABLE

LATE SPOT AVAILABLE

LATE SPOT AVAILABLE

TUESDAY 12

WEDNESDAY 13

THURSDAY 14

FRIDAY 15

SATURDAY 16

VEGAN FEAST

SUNDAY 17

dvd2u

Dark Times Gallery

Stag Stag Stag Stag Upst The Avai Bum Upst Gene

WEEK LONG EXHIBITS

R+J+D+D

Good Grief Potato Stamp Ophelia's Shadow Megalomaniac The Nose

MONDAY 18

12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 6:30 7:00 7:30 8:00 8:30 9:00 9:30 10:00 10:30 11:00 11:30

WEEK 4

THURSDAY 7

APRA (2-4)

4:00 4:30 5:00 5:30 6:00 6:30 7:00 7:30 8:00 8:30 9:00 9:30 10:00 10:30 11:00 11:30

WEEK 3

WEDNESDAY 6

APRA (2-4)

10:00 10:30 11:00 11:30

WEEK 2

TUESDAY 5

MONDAY 4

2:00 4:00 4:30 5:00 5:30 6:00 6:30 7:00 7:30 8:00 8:30 9:00 9:30

STAGE AVAILABLE

The Colour Orange

R+J+D+D

Good Grief

The Colour Orange

R+J+D+D

The Colour Orange

Good Grief

Potato Stamp Potato Stamp Potato Stamp Potato Stamp Ophelia's Shadow Ophelia's Shadow Ophelia's Shadow Ophelia's Shadow Megalomaniac Megalomaniac Megalomaniac Megalomaniac The Nose

STAGE AVAILABLE

The Nose

Deadline!

The Nose

Deadline!

Three Voices

Three Voices

Betty Grumble

Betty Grumble

TUESDAY 19

WEDNESDAY 20

THURSDAY 21

FRIDAY 22

The Nose

UTS INSTALLATION

Deadline!

Betty Grumble

SATURDAY 23

ALL DAYS AVAILABLE FOR EAT ART TRUCK OR SOMETHING SIMILAR - SHOW ONLY HAPPENING IN OFFICE SPACE

UTS CLOSING PARTY

SUNDAY 24

The Velveteen Rabbit

The Velveteen Rabbit

The Velveteen Rabbit

The Velveteen Rabbit

WEEK LONG EXHIBITS

Stag Stag Stag Stag Upst The Avai Bum Upst Gene

APRA (2.30 -6)

SOOK

STAGE AVAILABLE Tim Freedman Soundcheck

MONDAY 25

Who is Mordechai Waterview?

SOOK Tim Freedman Soundcheck

Plastic People

Plastic People

Tim Freedman Soundcheck

RIPE

RIPE

Tim Freedman

TUESDAY 26

WEDNESDAY 27

SOOK

Plastic People

Tim Freedman Soundcheck

RIPE

Tim Freedman

Who is Mordechai Waterview?

Plastic People

Tim Freedman Soundcheck

Plastic People

RIPE

Tim Freedman

RIPE

DADDY

DADDY

DADDY

THURSDAY 28

FRIDAY 29

SATURDAY 30

ROLLER DISCO (POSSIBLE SATURDAY AS WELL)

SUNDAY 1

WEEK LONG EXHIBITS

*Solecism The Library of Babel

Mirror

The Library of Babel

Fabricate

The Birds, The Bees and the Entire Menagerie

Fabricate

*Solecism

STAGE AVAILABLE

STAGE AVAILABLE

STAGE AVAILABLE

STAGE AVAILABLE

Mirror

The Library of Babel

Mirror

Fabricate

The Birds, The Bees and the Entire Menagerie

Fire in the Meth Lab

STAGE AVAILABLE

The Library of Babel

Fabricate

Fire in the Meth Lab

Mirror

*Solecism

JobReady

The Library of Babel

Mirror

Fabricate

The Birds, The Bees and the Entire Menagerie

Fire in the Meth Lab

JobReady

WEEK LONG EXHIBITS Stage 1 Stage 2 Stage 3 Stage 4 Upstairs Office The Bar Available Space Bump In Day Upstairs office space - Mongrel Mouth General Space / Exhibition Space

SYDNEY FRINGE FESTIVAL | 57

During the initial project timeframe of January 2017-October 2017 the Sydney Fringe utilised the site for the following activity: Event Space July-August 2018 Sydney Fringe program launch event.

30-Day Festival Hub 1-30th September 2017 The site was activated with seven performance and exhibition spaces that presented 36 events – ranging from large-scale public events to small intimate theatrical performances – were presented across 129 performance sessions. These included theatrical performances, live music, musical theatre, comedy, cabaret, dance and physical theatre, visual art installations, immersive theatre productions, brand activations and lighting installations.

36

129

LARGE-SACLE/ INTIMATE THEATRICAL PERFORMANCES

PERFORMANCE SESSIONS

4,400+

PEOPLE ATTENDED THE TICKETED EVENTS

58 | AN ANTHOLOGY OF SPACE

NEED FOR LARGE-SCALE TEMPORARY

SPACE IN SYDNEY

The current supply of large-scale space in Sydney is limited to either Carriage Works, Sydney Town Hall or the International Convention Centre, which is extremely limiting. These spaces have very definitive aesthetics and various restrictions, costs and limitations. These spaces cannot accommodate all the needs of the local cultural community, nor are they appropriate for the needs of many organisations.

Most artist-led organisations and medium-sized projects require a more nimble, affordable approach and are seeking unique venues that provide alternative experiences for their audiences and consumers. In addition to the aesthetic and financial restrictions these venues have, they are all located in the inner city of Sydney. This is appropriate for some activations and events but are limiting to other organisations that are either based in or would seek to present work in other Sydney suburbs and areas of Greater Sydney.

SFF has spoken to key Sydney based organisations relating to their need for large scale temporary space, including; MARDI GRAS SYDNEY mardigras.org.au ART PHARMACY artpharmacy.com.au THE OTHER ART FAIR theotherartfair.com Like SFF, these organisations have annual requirements for large-scale temporary space and encounter continued restrictions to the growth of their business and the day-to-day operations due to the lack of affordable, appropriate large-scale space to produce or present cultural work in.

Each year the Mardi Gras Workshop begins a search for large-scale industrial space for the five months to house the workshop that creates their corporate sponsors’ floats for the annual parade. This is becoming increasingly difficult as adequate space diminishes each year and negotiations for temporary space is often drawn out pushing against project timelines. The insecurity of not having a regular space they can lease and activate annually hinders the strategic planning of the organisation and places them in a reoccurring state of flux. The income derived from corporate partnerships is vital to their business model and the creation of the floats a necessary part of those partnerships. As such, securing workshop space is imperative to the successful delivery of the event and for their organisation.

Online art gallery Art Pharmacy creates pop-up and temporary exhibitions to engage new audiences, gain media attention and increase the profile of their brand. This is an extremely important component to their business model and strategic planning as they move to the next tier of maturity as a company. This, however, is increasingly difficult as smaller spaces are no longer sufficient or adequate to their needs. As such they require larger and larger spaces each year to accommodate their presentations. Again, without the ability to activate temporary space simply and affordably the nature of their offering ceases to be unique and places in jeopardy the growth of their organisation.

SYDNEY FRINGE FESTIVAL | 59

‘‘

“There are not enough multi-use spaces in Sydney. During my time (over the last six years) managing an arts company in Sydney, we have been limited by the lack of multi-use spaces, and the competition over the spaces that are available during peak cultural activities as the whole community is jostling for the same small handful of spaces. This undermines the cultural vibrancy of Sydney as individuals and small groups can’t capitalise on momentum in the arts and cultural space.

I ran The Other Art Fair in 2015. My experience was that there was only a handful of venues that would have been suitable for the 10,000 people we expected (and drew) over the four days. The only suitable options for such an event were Sydney Town Hall, Carriageworks and Central Park (no longer available). The ICC is a more recent addition and is often booked out with other large conferences and events.

We need more spaces if we are to become a global creative city with the cultural infrastructure to support our local and visiting creative industries and practitioners.

Developers often ask me to activate empty shopfronts – there are always spare commercial spaces that are under-utilised and detracting from the vibrancy of our streets and residential development retail spaces. I want to see developers thinking about and committing to the integration of flexible spaces in new developments that could be used for a gallery, for workshops, for events, for activation and installations, for performances – these spaces contribute to a healthy community.

It is a myth that they are not commercially viable; there is an extremely high demand for flexible spaces in inner-city and central suburban locations that are well connected to public transport and well designed”.

EMILYA COLLIVER Director, Art Pharmacy

HPG Warehouse

60 | AN ANTHOLOGY OF SPACE

Like Mardi Gras Sydney and Art Pharmacy, the Sydney Fringe Festival and other arts festivals also need large-scale space but for shorter timeframes than usual commercial leaseholds allow for, or that current regulatory framework timelines fit in to. The costly and timely process of securing space and activating it temporarily, as described in the activation of the Euston Road premises, currently hinders any possibility of positively utilising space to the benefit of the cultural organisations and local communities.

Were clear pathways created that removed regulatory red tape and ensured that regulatory authorities supported temporary use of space, many large-scale sites awaiting development could be utilised by the cultural community. The benefits of this to the cultural community are matched by the benefits to the landowner/developer.

Benefits to cultural organisation: The provision of greatly needed cultural space without major investment in cultural infrastructure.

The ability for cultural organisations to create diverse, independent income streams.

The opportunity for cultural organisations to invest in infrastructure and assets to further their independence and sustainability.

The provision of greatly needed affordable, appropriate space for independent artists.

The provision of office space and rehearsal facilities to the greater community.

SYDNEY FRINGE FESTIVAL | 61

Benefits to landowner: The provision of legitimate community engagement in the site from early stages of development.

A direct opportunity to reach and connect with local residents in a positive way prior to the development approval process.

The provision of building maintenance and care while space is otherwise unused.

Access to positive publicity and wide marketing reach for minimal investment.

The provision of alternative talking points for the site/ developer.

The embedding of cultural activity in the site from the beginning.

Direct access to local artists, tastemakers and audiences.

Mardi Gras

62 | AN ANTHOLOGY OF SPACE

CASE

STUDIES Artist Testimonials from the HPG Festival Hub

The Colour Orange

Euston Road Artist Report The Colour Orange The Colour Orange premiered at the Euston Road Precinct in the 2017 Sydney Fringe Festival, where it ran a sold-out season, won the Fringe Critics’ Pick Award, and proceeded to sell out an awardwinning season at the 2018 Adelaide Fringe before returning to sell out again during the 2018 Sydney Comedy Festival. Written by Sophia Roberts and Oli Cameron, and produced by Flaming Howard Productions, The Colour Orange uses musical theatre to showcase the political life of Senator Pauline Hanson, following the likes of award-winning classics such as Keating! The Musical and Hamilton.

One of the benefits of the Fringe is that it can serve as a testing ground for projects that would otherwise require significant funding for conventional seasons. With a cast of six, and a full band to stage as well, The Colour Orange faced a number of challenges in its first production run.

SYDNEY FRINGE FESTIVAL | 63

‘‘

“Finding space that is available, fit for purpose and affordable is a real challenge in Sydney at the moment,” says Roberts, “we often ended up rehearsing in spaces that were too small or were turfed out mid-rehearsal because of double bookings.

It’s tricky, you end up pulling in favours and rehearsing in people’s kitchens. There’s something inherently fun in that at the beginning; towards the end of the process it’s draining.”

The Colour Orange came to the Euston Road Precinct as a performance venue only, and this presented a particular problem for the company to adapt to under the tight turn around of Fringe conditions.

“Our technical manager was faced with the task of mixing a live band and five voices in a massive concrete warehouse,” recalls Roberts, saying that the venue was “far from a good acoustic environment”. The vast open space that the venue afforded also meant that there was significant sound bleed before each show, so that patrons heard vocal warm-ups and the band’s sound check.

Additionally, the lack of dressing rooms and wings meant that the cast were required to perform costume changes in front of the venue’s other patrons each night.

This setup did not faze the company, however. “We found solutions for most issues we faced, and we never expected a perfect theatre for a Fringe festival, so it all came out in the wash,” says Roberts.

“It was great having a bar ten metres away for our patrons,” she adds, though the size of the venue did make the space feel too empty at times, despite The Colour Orange selling out their season.

Roberts suggests that organisers “invite even more visual artists into the space” to counteract this.

The warehouse’s space and accessibility for vehicles was a significant benefit to the company, and Roberts acknowledges that “it was incredibly easy to load in what we needed,” such as sets, costume, props and band equipment. Later venues the company performed in, such as in Adelaide and at Giant Dwarf, made for a far more stressful bump-in and out due to space restrictions.

When asked about how easy the venue was to find, Roberts did admit that she was initially worried that they would lose audiences as Euston Road was both out of the way and not known as a venue.

This was not too problematic during the Fringe Festival, when “audiences are attuned to looking for weird and wonderful venues,” but Roberts wasn’t entirely convinced that audiences would regularly support the location if it were staging a stand-alone show or boutique, single-site festival.

64 | AN ANTHOLOGY OF SPACE

Library of Babel

Euston Road Artist Report Isabella Broccolini Known as an actor on Sydney stages (New Theatre, Ensemble Theatre), Isabella Broccolini has developed a practice in solo performance works that merge her physical training with a writing style that is “not interested in fucking pleasing you”. Her most recent solo project, Get Her Outta Here, is a firm experiment in articulating this voice: Red Lady, Broccolini’s bouffon-esque creation, is at turns grotesque, empowering, sexual, authorial and healing, but not bound to a binary of man to woman objectification. While original in her vision and style, Broccolini’s Red Lady resonates with countercultural stars such as Emma Maye Gibson’s Betty Grumble and Justin Shoulder’s monsters.

For artists experimenting with such new creations, access to spaces like Euston Road are invaluable.

More often than not, audiences will be more eager to take a risk on experimental work they do not have to pay much for, and access to rehearsal and performance venues are significant drivers of ticket prices.

Says Broccolini, “The challenge we face in Sydney is where to obtain artistic access to spaces, in a city with a lot of space, but – sadly – not willing to lend it for art.”

SYDNEY FRINGE FESTIVAL | 65

In the lead up to Sydney Fringe 2017, Broccolini developed Get Her Outta Here as part of a much larger project at the Euston Road Precinct, kleine feinheiten’s The Library of Babel (dir. Claudia Osborne). Broccolini and Osborne worked together in the venue for one hour a week over two months in the lead up to Fringe, and the size of the Euston Road space – far bigger than what would normally be accessible to artists at this level – affected Broccolini’s work “only in a positive way”.

‘‘

“Space is something I consciously choose to give myself a lot of,” says Broccolini…” [and] the space of Euston Road [was] brilliant for creating large-scale works – as a performance space it lends itself to powerful movement work and light design.”

For Broccolini the impact of the Euston Road space extended beyond its walls, and she recalls, “the walk through the park, and the bush ... the natural beauty of Australia was a positive quality for the Fringe”. This reflects one of Sydney’s continually strong features: a city with an airport within its limits, a beach and the mountains a train ride apart and, as Euston Road Precinct showcases, abundant green spaces nestled at its heart. The location, however, was not entirely without its drawbacks.

“The venue was hard to find,” admits Broccolini, and a concern of hers was that “when art is hard to find audiences tend to ‘not bother’”. Additionally, guests of Broccolini’s attending the space reported to her that “on foot late at night, [we] found it difficult and potentially dangerous to locate the venue”.

Broccolini’s concerns reflect a common relationship between artists’ access to affordable spaces and accessibility of those spaces to the public in Sydney: the larger spaces within financial grasp of independent artists tend to be poorly serviced by public transport, making drawing audiences to these spaces a challenge. However, Broccolini’s experience creating Get Her Outta Here and exhibiting it as part of the Fringe’s The Library of Babel gave her the means – six months later – to present a fully fleshed-out version of her work in a season at 107 Projects, Redfern. Off the strength of this, Broccolini is currently working in Italy and is soon to be based in London, where she’ll continue to develop her boundary-breaking practice for international audiences, as well as locally again, in the future.

66 | AN ANTHOLOGY OF SPACE

The Nose

Euston Road Artist Report The Nose From a shed in Melbourne’s suburbs to the giant Euston Road warehouse, James Jackson and his company, The Bloomshed, are no strangers to staging theatre in unusual venues. Their first work to tour interstate, The Nose, won the Sydney Fringe Festival Director’s Award. Fast, dark, witty and surreal, this contemporary spin on Nikolai Gogol’s classic story has been described as “Kafkaesque without any of the boringness of Kafka”.

“Knowing that we were going to perform in a warehouse, we built our show to suit,” says Jackson, “we focused on a ‘rough and ready’ style – big props, big movement, big sound. The warehouse meant we could make a show that was always teetering on the verge of collapse, a show that (hopefully) looked like it belonged in a warehouse.”

The Euston Road Precinct provided fantastic creative advantages for Jackson and company, both because of its sheer scale but also due to the site lacking the restrictions of more traditional venues.

“We could build props onsite,” recalls Jackson, “we could drive right up to the building, and we could spray paint things in the car park. That was great – Euston Road was flexible like that.” This is the kind of venue access and affordance that is usually only the domain of major arts organisations, such as the Sydney Theatre Company and Belvoir.

SYDNEY FRINGE FESTIVAL | 67

For Jackson this level of support is crucial for theatre-makers at any level. “Performing in a bar might be great for stand-up, but it’s not great for theatre – the energy is all wrong,” says Jackson, adding that Euston Road gave The Bloomshed a space that felt like “it belongs to the performance, a room where nothing else but the art happens.”

This sense of the Euston Road Precinct “belonging” to The Nose extended to the amount of time the company had to rehearse the show on site. “We didn’t have to share our particular performance space, which meant we had a week where the space was dedicated to us,” says Jackson, and that this was a major boon to a company developing an original work. Having the space to throw itself around and feel at home boosted the quality of the art made by the company.

The rough, functional nature of the warehouse at Euston Road did present some challenges for the audience experience of The Nose, however. Jackson notes, “we had a few people, who lived in Sydney, unable to find its location. We even drove past it a few times.” Jackson places the difficulty down to the roadworks happening in the area at the time, which obscured the view of the venue. Additionally, Jackson admits that sometimes the atmosphere of the hub was too much, and often the performers had to battle with sound bleed from the bar area.

However, Jackson was overall impressed with his experience of the Euston Road space during the Festival. “What was great about the hub was that audiences seemed to bleed between shows,” says Jackson, “the cross-pollination was excellent, the vibe and community built around Euston Road was tangibly positive and supportive. That’s not something you can measure empirically – but it made the experience pretty incredible.”

68 | AN ANTHOLOGY OF SPACE

The Chronic Diaries

Euston Road Artist Report The Chronic Diaries Conceptual photographer Tyler Grace’s first major exhibition, The Chronic Diaries, is a blend of gothic romance and classic surrealism, his sombre images charged with facets of narrative that draw viewers into a contorted, anxious world. Grace’s evocative talent drew on influences from the landscape surrounding his home in Albury/ Wodonga – as well as his living with a number of chronic illnesses – to create this series of nineteen prints. Standing in front of one of Grace’s photographs summons the bleak theatrical presence of playwright Samuel Beckett, such are the figures seemingly held in the unrelenting grip of absurd life.

‘‘

“The Chronic Diaries had been a major part of my practice and life in general for three and a half years before the Fringe,” says Grace, “it is a series of conceptual self-portraits about my journey through life with a multitude of chronic illnesses. I will always live with these illnesses and this will be an ongoing series until I decide to let The Chronic Diaries chapter of my photography journey end.”

SYDNEY FRINGE FESTIVAL | 69

For emerging artists like Grace, who is twenty-four, exhibiting work at a festival the size of the Sydney Fringe can connect their practice with audiences substantially larger than if they were to be exhibited in a smaller gallery space. For the duration of the Fringe, an entire wall of the busy Euston Road Precinct was dedicated to exhibiting The Chronic Diaries, and Fringe patrons were able to view his works while visiting the hub for performances.

“The concrete walls complemented the dark and gritty feel of a lot of my images,” says Grace.

Elements of the warehouse’s piping incidentally framed part of his exhibition, extending the theme of a body held in thrall by the world around it.

Grace travelled up from his regional home to visit the exhibition twice during the Fringe, and he noted accessibility issues in terms of “how difficult the location was to get to via only bus and train, as I struggle to walk long distances due to my health.” Though he did push through to walk from the closest train station, he admits that this did take a toll on his body afterwards. Grace also observed that because his exhibition was near a performance space, lights would often be taken off his photographs during a show, making it hard for venue patrons to find his exhibition at certain points of the evening.

Despite these dampeners, The Chronic Diaries drew attention across the whole of the Fringe calendar, becoming a favourite for a number of patrons and winning a Critics’ Pick Fringe Festival Award.

Had Grace had the opportunity to be in Sydney for longer, he would’ve enjoyed spending more time at the Euston Road space so as to meet with audiences and discuss his work with them.

Interest in Grace’s dramatic photography has grown significantly since his time at the Fringe.

The Chronic Diaries will be touring to exhibit in Orlando, USA, and then onto the ImageNation Paris International Photo Expo after that. Recognition for Grace’s art has also seen him awarded the WAW Photography Award at the Chiltern Art Prize this year, and he will be exhibiting a new series at the Culture Center in Cape Cod, USA, in November.

70 | AN ANTHOLOGY OF SPACE

FESTIVAL

PROGRAM During September 2017:

7800+

PEOPLE ATTENDED EVENTS AT THE HPG FESTIVAL HUB

40+

COMPANIES UTILISED THE SPACE

147

PERFORMANCE SESSIONS WERE PRESENTED

Festival Hub

SYDNEY FRINGE FESTIVAL | 71

ACTIVITY POST 2017

SEP FESTIVAL In October 2018 access to the site was extended to SFF beyond the initial project period. The site was made available to continue the project for an additional six months. It is for this extension period that the SFF was successful in receiving funding from the NSW Office of Liquor & Gaming Infrastructure Grant.

The extended use of the site for an additional six months required no additional approval processes as the Occupation Certificate for the temporary change of use was valid for 12 months from the date of issue.

During this extended period between November 2017 and April 2018, the site was utilised in the following ways: Commercial Activation Site Post the September 2017 festival, the site was used by SFF to diversify income streams for the organisation, hired out to commercial agencies for client brand activations. Between October and December 2017, the site was activated by: Bombay Sapphire x 11 sessions Bongos Bingo x 4 sessions

Bongos Bingo

72 | AN ANTHOLOGY OF SPACE

Bombay Sapphire

Bombay Sapphire

SYDNEY FRINGE FESTIVAL | 73

These activations provided unique space for commercial events and saw the SFF provided with additional revenue to subsidise its annual program of events and support for the independent arts sector.

Free Rehearsal and Development Space The space was provided free of charge to local independent producers, theatre directors and companies to utilise for rehearsals and creative developments. Companies housed on site during the extended project period that utilised permanent rehearsal space include: Apocalypse Theatre Co. production: Metamorphosis at the Old Fitz apocalypsetheatrecompany.com/metamorphosis An Assorted Few production: Home Invasion at Old 505 Theatre alexanderberlage.com/home-invasion.html Apocalypse Theatre Co. production: Rapid Reads Young Playwright’s Festival at Old 505 Theatre apocalypsetheatrecompany.com/rapid-reads/ Subletting to Partner Cultural Organisations Between December 2017 and March 2018, a section of the site was subleased to Mardi Gras Sydney as a primary workshop space in which to build the Mardi Gras’ sponsor-funded floats for the March 2018 parade. This activation saw over 100 volunteers utilise the space.

The site also hosted rehearsals for the parade participants.

Images: Mardi Gras

74 | AN ANTHOLOGY OF SPACE

SYDNEY FRINGE FESTIVAL | 75

INFRASTRUCTURE

FUNDING

1. The number of companies/ artists/ organisations housed at the facility: Over 42 companies were utilised and/ or been housed at the site since the project in 2017 period. These ranged from small independent theatre producers, visual artists, music producers, commercial agencies and community groups, including: Alfie’s Vegan Feast, APRA AMCOS In Conversation series, Betty Grumble, Dark Times Gallery, dvd2U, Embracing the Fringe, Fabricate (NZ), Facemeat the Musical, Feathered and Fierce, Heaps Gay, Jon Bennett, Missing, St O’Donnells, The Chronic Diaries, The Colour Orange, The Library of Babel, The Nose Bloomshed (Melb), The Velveteen Rabbit, Three Voices, Tim Freedman, Undertaking, Unreal, UTS Design Showcase, Vice/Versa, Deadline!, Gills, Good Grief, JobReady, Mirror, Ophelia’s Shadow, Plastic People, RIPE, Romeo & Juliet & Dungeons & Dragons, The Birds, the Bees and the Entire Menagerie, Who is Mordechai Waterview?, Apocalypse Theatre Company, An Assorted Few, Bombay Sapphire, Sydney Gay and Lesbian Mardi Gras, Bongos Bingo.

In September 2018, an additional 12 companies utilised the space during the Sydney Fringe Festival. Including 60 additional public performance sessions.

2. Number of patrons/ community members attending/ engaged with the facility: over 7800 people have attended events at the site since the project activation began in 2017 with an additional 1625 people in 2018.

3. The successful creation of the Festival Hub: The Festival Hub was successfully created in 2017/18 reinstated for September 2018.

4. The successful creation of a working template and its accompanying report: The first stage of this report was provided to the State Government as a progress report in May 2018. This report marks the completion of this project.

5. Securing of infrastructure assets for SFF: The assets purchased as a result of this infrastructure grant have enabled SFF to activate the following temporary spaces for the 2018 festival: Erskineville Town Hall: 60-seat theatre, 30-seat theatre and 20-seat theatre St Peters Town Hall: 100-seat theatre Euston Road Hub: 400-seat flexible performance space, 100-seat theatre Kings Cross Hotel: 50-seat comedy room, 60-seat theatre space 76 | AN ANTHOLOGY OF SPACE

These temporary performance spaces provided additional performance opportunities for 68 independent companies to take part in the festival in 2018, and housed an additional 314 public performances for Sydney audiences. The purchase of this infrastructure provides vital cost savings to SFF and to local independent artists and companies.

There are major costs associated with activating non-traditional and unused spaces. Ordinarily a festival would need to pass these costs on to the artists in the form of venue hire, however, in this situation, thanks to the opportunity to sub-lease the site SFF has capitalised on additional income and secured assets to provide more substantial subsidies to participating artists.

The cost savings to SFF and artists in 2018 as a direct result of the infrastructure secured by the 2017 funding was $38,000.

Heaps Gay, HPG Festival Hub

SYDNEY FRINGE FESTIVAL | 77

THE FUTURE OF

THE PROJECT Sydney Park One – HPG’s proposed residential development for this site – launched its sales campaign in November 2017. HPG Australia utilised the publicity gained by SFF’s activation of the site and leveraged the cultural programming to positively engage with the local community and potential purchasers. The result was a notably successful start to the sales campaign.

At the end of April 2018, SFF were notified by HPG Australia that the temporary activation could continue and the building could be utilised again in September for the 2018 festival program.

Design Collaborative were engaged once more to submit a new Development Application to extend the Change of Use approvals for the site. This was lodged in early June 2018.

The DA was lodged stating that there would be no change to activities or conditions from the original DA. However, SFF withdrew the need to provide liquor sales as the space was to be utilised in a different way in 2018. As opposed to a high-use Festival Hub, this year it was to be used for a limited amount of immersive theatre works that would present across two sections of the site only.

Despite the activity being reduced in scope and size and the provision for sale of alcohol removed CCTV was still required, adding additional costs to the activation once more. SFF were able to utilise the infrastructure assets previously purchased through State funding to activate the site for the second year, and this greatly reduced the cost to the festival and the hard costs passed on to artists.

This extended period enabled 12 independent companies to utilise the space during the festival period and present 60 sessions to the public with over 1625 people attending across the threeweek activation.

In addition to providing extra time for SFF to utilise the space in-kind past the original 12-month project timeframe, HPG Australia have also committed to ensuring that SFF has permanent cultural/ community space in the finished development of the site, embedding the site with cultural uses and activations to ensure that the future residents of Sydney Park One have a unique living environment and access to local cultural activity at their doorstep. This is an incredible outcome for a pilot project such as this. The very real benefits of housing a local cultural organisation on the site have been tangibly felt by HPG Australia. Not only has it assisted by driving sales for the completed development, it has informed and shaped the vision for the finished development, which will now include permanent cultural space in an area that was originally designed to accommodate retail businesses.

78 | AN ANTHOLOGY OF SPACE

SYDNEY FRINGE FESTIVAL | 79

2017

PROJECT Fabricate Madness, obsession, the effort to communicate, all set within an endless power struggle as we continuously create and destroy our world.

Fabricate physically explores the tactile environment through movement. The space is designed with objects, light and through the bodies and movements of the dancers. A string web is created and later destroyed, a table enters and all is intersected with clean crisp movement. A fascination with shared experiences between audience, performer and space is explored. An aesthetic world is created and provides the opportunity to shift how the viewer sees the work with a taster of audience interaction. Fabricate plays with the audience’s expectations through its changing and unexpected structure, leaving patrons on the edge of their seats and wanting more. youtube.com/watch?v=rTawknZg2o0 Ophelia’s Shadow Ophelia is shocked by the growing instability of her lover Hamlet’s moods. Intimidated and manipulated by her brother Laertes and father Lord Polonius, she is convinced to break ties with the young prince, and their relationship becomes yet more toxic as her father and King Claudius coerce Ophelia to spy on him. Tensions escalate. A murder takes place. Hamlet flees Denmark, guilty of murdering the father of the woman he professed to love. Distraught, Ophelia is left with little else.

Proclaimed mad by the living, she slips into a watery grave.

A feminist rock-musical, Matthew’s adaptation is Shakespeare like never before. Intertwining the famous tale of Hamlet with a punk-rock score, it explores Ophelia’s emotional journey throughout the last days of her life. Produced by the critically acclaimed ACT company Acoustic Theatre, in association with leading ACT experimental company Shadow House Pits, this show takes a tragedy and transforms it into a celebration of women and punk.

‘‘

“This show is what Fringe theatre should be: new ideas, new interpretations, presented in creative ways that not only make us question the stories we have been told but also our definition of theatre.”

SHANNON NORFOLK, Weekend Notes “Ophelia’s Shadow is original, provocative and performed with passion and serious intent by a talented troupe of young and committed performers.”

PETER WILKINS, Canberra Critics Circle

80 | AN ANTHOLOGY OF SPACE

‘‘

“Matthews, an important figure in the Canberra writing scene, is onto something exciting…”

HELEN MUSA, City News “Acoustic Theatre loves developing original Australia theatre. While the themes of our productions vary, we aim to produce works that are socially relevant, with a particular focus on youth issues, mental health, disability, women’s rights and LGBTIQ rights. This ethos is included within our company, where we encourage a collaborative environment with a variety of different artists from diverse backgrounds. “

youtube.com/watch?v=UYyl11JG7hc – Canberra Theatre Centre youtu.be/UUuDGrnxd68 – The Bakehouse Theatre, Adelaide Fringe Unreal The illawarra’s professional dance company, Austinmer Dance Theatre, boldly brings together three of the contemporary dance worlds major choreographic forces in their first fully international triple bill, Unreal. Featuring works created exclusively for the company by award-winning choreographers Maurice Causey, Iratxe Ansa and Spencer Gavin Hering.

Featuring Carien McKerrell, Carina Serray, Demi Martin, Emily Quain, Jack Tuckerman, Jai-Leigh Hadland, Kate Arber, Kate Moore, Madi High, Maddy Backen, Natalie Cunzolo, Rhiannon Davies, Sara Cabezas and Saraphina Irvin.

Unreal is a diverse triple bill that invites the viewer to question reality and illusion. It conjures thoughts that challenge the authenticity of paradoxes and how the nature of relationships influences our connections with one another. This trio of fresh contemporary dance is sure to inspire, engage and excite dance and art enthusiasts alike!

Austinmer Dance Theatre’s sell-out productions consistently receive rave reviews with their team of dedicated dancers attracting impressive recognition. Company members have attended invitation only international residencies with alumni having gone on to secure part and full time professional contemporary and ballet position

SYDNEY FRINGE FESTIVAL | 81

‘‘

“This company of young professional and pre-professional dancers directed

by Michelle Forte is going from strength to strength, with this being the most ambitious of its productions to date.”

LISA MARIS MCDONNELL “ Three international choreographers used these talented young dancers to bring to the stage a smorgasbord of emotion, and a startling display of physical excellence.”

LINDSAY FISHER, Northern Illawarra

https://www.youtube.com/watch?v=l0-fpM4yi_U&spfreload=5 https://www.youtube.com/watch?v=EruEnSdAIjI ADT_Fringefest_promo_final2

‘‘ ‘‘

The Velveteen Rabbit Musical Show “I wish I knew what it meant to be, I wish, a child’s warm hugs I could feel, It would be grand, my friend, If I knew what it meant to be real”

We can all recall that one special toy which, even in adulthood, puts a smile on our face when we think of it. In this new adaptation of a children’s timeless story, The Velveteen Rabbit (based on Margery William’s‚ book The Velveteen Rabbit or How Toys Become Real‚ and produced by the team at Tilkin-Dilkin Studio and Imaducation Inc), families will be taken on a toy’s journey learning about friendship, love, loss and discovering what it truly means to be real!

Two storytellers will bring this tale to life. With original songs and score, this fun and quirky show will make you wonder and laugh, and will definitely have you tapping along to the music!

“In the time-honoured tradition of the best children’s stories this is a very adorable and delightful adaptation of the children’s classic by Margery Williams, first published in 1922. With the show’s catchy singing and dancing this was perfect school holiday fare... All in all, a poignant, timeless tale of love, friendship, honesty and acceptance. An enchanting show for all ages.”

SYDNEY ARTS GUIDE

youtube.com/watch?v=6MEAB2UNWgY&app=desktop youtube.com/watch?v=mUSDYegHOoc imaducation.org.au/the-velveteen-rabbit-musical-show

82 | AN ANTHOLOGY OF SPACE

Feathered and Fierce A good dancer trains until they get it right. A great dancer trains until they can’t get it wrong.

Feathered and Fierce gives you a taste of the grit behind the glamour of dance performance. Breaking down the usual guards you’ll see the reality of failure, tenacity and incredible strength that make a moment in the spotlight.

Choreographed and directed by world champion samba dancer Amy Mills and performed with her award winning company, this is samba and latin dance like you’ve never seen it before.

Eight powerful women push their physical and mental limits without restraint. They won’t hide their work in flashy presentation. In this stripped back space you’ll see the sweat, hear every breath, feel the camaraderie and find the drive that fuels this world-class team.

This is dance at it’s most intimate.

The Colour Orange Guess who’s back? From the ashes of early 2000’s Australian politics rises Senator Hanson – one woman, one party, one nation, one dream. Leaving Britain behind, she returns home to find Australia in a worse shape than she left it. It’s a pivotal time and Pauline has a big job ahead of her. Can she save our country from imminent destruction?

*

Jon Bennett: Fire in the Meth Lab Dear Brother, How’s jail? How many cigarettes does it cost for a picture of a naked lady? Are you getting really strong? I’ve written a show about you, is that OK? You’re in jail so you can’t really say no.

Love from your little brother, Jon

Renowned Australian storyteller Jon Bennett tells the amazingly sordid and bizarre story of his brother’s life. A sometimes shocking and chaotic tale, Bennett recounts his brother’s experiences with both charismatic hilarity and heart-warming, poignant reflection.

Fire in the Meth Lab tells of drug dealers, bikers, high-speed car chases, fights, crime, prison, vomit, exploding houses and even cancer. The show explores brotherly relationships and how siblings with the same upbringing can choose very separate paths.

SYDNEY FRINGE FESTIVAL | 83

**Best Performance Winner Victoria Fringe, 2016 **Sell Out Show Award Winner Orlando Fringe, 2014 **Audience Best in Venue Fringe Award Winner (Orlando Fringe, 2014 **Sold out Season Brisbane Comedy Festival 2015 **Selected Just for Laughs Zoofest, 2014 **Just for Laughs Award nomination for Best Comedy Montreal Fringe, 2014 **Pick of the Fringe Runner up Victoria Fringe, 2016 **Favorite Comedy Runner up Victoria Fringe, 2016 **Favorite Spoken Word/Storytelling Runner up Victoria Fringe, 2016 **Favorite Solo Show Runner up Victoria Fringe, 2016 **Best Comedy Award Nominee Perth Fringe World, 2014 “This show will make you laugh, even after you’ve left the venue.”

Vue Weekly (CAN)

84 | AN ANTHOLOGY OF SPACE

‘‘

“Hilarious!”

EDMONTON SUN (CAN) “Incinerates your expectations of the solo confessional, this flammable Australian is in a league of his own.”

EDMONTON JOURNAL (CAN) “Brilliant!”

RIP IT UP MAGAZINE (AUS)

jonbennettcomedy.com/video/ Pretending Things are a Cock Pretending Things are a Cock is the product of Bennett’s three years of global wandering, and combines the artistic, phallic-filled photographic display with hilarious and surprisingly heartwrenching tales from Bennett’s life.

This Just for Laughs award-nominated show for Best Comedy has now been performed to sell-out audiences and critical acclaim worldwide. The show has toured to some of the biggest festivals in the world, including the renowned Edinburgh Fringe (2012) and Just for Laughs Zoofest in Montreal (2013).

A unique stand-up experience, PTAAC is a hilarious, but also strangely affecting pot-holed journey into the idiosyncratic world of Jon Bennett. **Just for Laughs Award nomination for Best Comedy Montreal Fringe, 2010 **Pick of the Fringe Award Winnipeg Fringe, 2011 **Selected Just for Laughs Zoofest, 2013 **Critics Pick of the Fringe Award San Diego Fringe, 2014 **Pick of the Fringe Award Calgary Fringe, 2015 **Pick of the Fringe Award Boulder Fringe, 2015 **Funniest Show Award London Fringe, 2015 SYDNEY FRINGE FESTIVAL | 85

‘‘

“The funniest show at the fringe.

Don’t miss it.

CALGARY HERALD “Instantly likeable, Bennett is a deft storyteller with a frank, confessional style that blends pathos and humour to great effect.”

UPTOWN MAGAZINE (CAN) “Dick obsessed humor goes much deeper.”

NOW TORONTO “Bennett delivers belly laugh after belly laugh.”

LONDON FREE PRESS

youtube.com/h?v=dFzWC2wyXjc&list=FLYUgg0shTuem2gjXK2DxH7Q Jon Bennett: My Dad’s Deaths (A Comedy) Jon Bennett’s dad always wanted his son to be an author... like Banjo Patterson. From the author of the internationally acclaimed Pretending Things are a Cock comes the story of the strange relationship between a comedian and his extremely conservative father; a man who has died... more than once.

‘‘

“Bennett is a joy to watch. This is bold, honest, engaging and different to a lot of standard comedy on offer.”

FRINGE GURU (UK) “Bennett is the patron saint of storytelling.”

BROADWAY BABY (UK) “Armed only with self-deprecating wit and memories, Bennett reminds us that ordinary people lead extraordinary lives.”

THE SUNDAY MAIL (AUS) “Bennett is a must-see.”

THEATRE IN LONDON “Full of heart and packed with laughter, this is how storytelling should be done.”

THE SKINNY (UK) “An example of how much comedy can achieve in terms of depth and range, that it can be belly laugh funny and emotionally powerful.”

CHORTLE (UK)

86 | AN ANTHOLOGY OF SPACE

**Just for Laughs Award nomination for Best Comedy Montreal Fringe, 2013 **Selected Just for Laughs Zoofest, 2014 **Producers Pick Award Winner London Fringe, 2017 **Best in Venue Award Winner London Fringe, 2017 **Best Solo Show Award nominee New Zealand Fringe, 2017 **Best Comedy Award Nominee Perth Fringe World, 2015 **Best Solo Show Award WINNER Orlando Fringe, 2015 **Best in Venue Award WINNER Orlando Fringe, 2015 youtube.com/watch?v=K0ZeIavp660 Grumble: Love & Anger (Or Sex Clown Saves the World Again!)

Are you Betty to Grumble?

Your favourite Sex Clown brings her seminal vibrations and shamanic striptease back to Adelaide Fringe.

Meet Betty Grumble, surreal showgirl, obscene beauty queen and wild woman.

Experience her feminist cabaret of deep disco dissent and ecosexual adventure, ‘cause if it wasn’t so serious she wouldn’t be laughing so hard! ** Underbelly Edinburgh Award 2016

SYDNEY FRINGE FESTIVAL | 87

‘‘

“Grotesque and gorgeous... Part theatre, part comedy, part dance, part sordid burlesque and a whole lot of social commentary.”

GREAT SCOTT “Shatters the barriers of conventional cabaret... A true virtuoso.”

BROADWAY BABY “A venus fly trap for the male gaze... “ TO DO LIST “Not for the faint of heart... You’ve been transported to a wild place.”

THE SKINNY “It’s a strange beauty to find a performing artist where every scene of their show is A-grade in its artistry, hilarity and political message... “ QX MAGAZINE

Tim Freedman Tim Freedman sings his stories in songs set largely in the inner west, from Tempe and Marrickville to Newtown and Glebe. His solo shows – from the Sydney Opera House to a residency at Ronnie Scotts in London – have received critical acclaim as he draws from six Whitlams’ albums and the tracks that made them famous, from Blow Up the Pokies to No Aphrodisiac and the all way back to 1993’s Gough.

Facemeat Sydney-based five-piece Facemeat present a spoken word tale of a maniacal migrant who falls foul of the law and of his many wives interspersed with a whole new suite of music.

The journey takes us from the old country through to present day Sydney, revealing the awful secrets of a once powerful man. Musically the show traverses rock, blues, Motown, afrobeat and cha-chacha, while the text deals in tones elegiac, wry, reflective and absurd, all of which are amplified by puppetry, movement and light.

The Nose Fell off?

Is off.

Right off?

Jumped off sprang off cut off.

Adapted from Gogol’s short story, The Nose follows a meddling bureaucrat, Kovalev, who wakes up one morning to find that he has lost his nose. Actually, it’s running around the city dressed as the President.

88 | AN ANTHOLOGY OF SPACE

This adaptation brings with it all the trappings of physical comedy and the silent film genre. It’s an irreverent, irreligious monstrosity, which delves into the world of alternative facts. In essence, The Nose is a critique of a society obsessed with appearance: how far can we fall when our nose is cut off?

‘‘

“Kafkaesque without any of the boringness of Kafka (or the Kafkaesque).”

ANNE-MARIE PEARD, The Age (writing on Mister Misterton) “Jackson is finding his own theatrical voice and it’s one that’s sure to make its presence felt in years to come.”

SOMETIMES MELBOURNE (on The Government inspector)

The Library of Babel Do you dare enter the Library knowing that somewhere inside it holds not only everything you are, but everything you could be? Inspired by Jorge Luis Borges’ short story of the same title, The Library of Babel is an immersive, interactive labyrinth of hexagonal galleries. Audiences must find their way through the maze and the vast array of personalities hiding within. Beware eternal traveller... only if you dare enter the Library may you hope to find its centre and the answers you seek.

Following the sell-out season of HeySorryGottaGoBye at Sydney Fringe Festival 2016, director Claudia Osborne and kleine feinheiten, present The Library of Babel, an immersive, interactive theatrical performance experience like no other.

Praise for HeySorryGottaBye **** Glam Adelaide *** Ω In Daily *** Ω Adelaide Theatre Guide

‘‘

“A delightful Fringe surprise that put a smile on my dial from go to whoa.”

THE BAREFOOT REVIEW “A small gem.”

ADELAIDE THEATRE GUIDE “Short, sharp and filled with references to modern life.”

FBI RADIO “An inventive production and well worth heading over to 107 Projects to see.”

TALKING ARTS

youtu.be/QpU-v9Kv5Fc

SYDNEY FRINGE FESTIVAL | 89

Dark Times Gallery Dark Times Gallery is an art exhibition that flouts every convention, a dark space that draws you into a bleak yet conceivable future.

It is an exhibition with no white walls, where no silent musing or whispered admiration is necessary; in fact, none of the usual gallery etiquette is required...

Instead, entering the dimly lit gallery, a dystopian tale unfolds. Disembodied voices woven into a sinister soundscape and eerily illuminated artworks guide visitors through the 30-minute experience.

Brainchild of Newtown artists Blunt Pacers, Dark Times Gallery tells the story of a newly recruited bureaucrat who unwittingly stumbles upon incriminating correspondence between big corporate and corrupt politicians.

Be drawn into the dilemma. Does he ignore the potential end of Australia as we know it or can he live the life of a whistleblower? And if he does rise to the challenge, how can he get his message out to a world already saturated with information? A world where the lines between facts, news and conspiracy are being constantly blurred.

Come and see where it ends...

VICE | VERSA A box. A woman. A pane of glass.

Come focus your gaze on the chemical reaction of emotion, memory and movement. This original, site-specific devised work harvests historical resonances of the industrial space to fuel an interrogation into the contemporary concerns of modern life – ticking clocks, multitasks and shifting identities.

The experience is mediated through visual and aural frameworks that scrutinise the audience/ performer relationship and provokes the question: “who is watching who?”

The work is a collaborative venture between like-minded artists with a shared curiosity of what is possible in a theatrical experience for creators, performers and audience alike.

Come. Be. Provoked.

The Chronic Diaries Exploring the emotions and experiences of being a chronically ill child, teenager and adult, this visual chronicle follows the artistic maturing of emerging artist Tyler Grace.

90 | AN ANTHOLOGY OF SPACE

Tackling both the seen and unseen impacts of chronic illness, this ongoing self-portrait series is both beautiful and dark, taking the viewer inside the often-unbearable world experienced by the artist.

The images in this exhibition explore both physical and mental illness, and specific themes include, but are not limited to chronic pain, isolation, anxiety and loss of identity.

Tyler’s aim for this exhibition is to not only tell his story, but for those stories to help others who don’t suffer gain a small insight into what it can be like being chronically ill, and to help others that do suffer with the topics covered realise that they aren’t alone, and that they can achieve their dreams despite their limitations.

Tyler Grace was a finalist in the 2016 MAMA National Photography Prize and a shortlisted finalist in both the Australian Photography Awards 2016 and the Contemporary Art Awards 2017.

He was also awarded the Susan Moorhead Memorial Award in the 2016 edition of the MAMA Art Prize and was a recipient of the $10,000 Young Regional Artist Scholarship from Create NSW in 2016.

His first solo exhibition was held at The Murray Art Museum in Albury in May and June this year, with his series The Chronic Diaries, which he is excited to be bringing to the Sydney Fringe Festival in it’s current form. dvd2u

‘‘

Starting with endlessness and continuing...

“Blow this up” PROJECTOR REVIEW “Engrossing” NAVEL EXAMINER “Catch this!!”

TIMETABLES ONLINE “Unquestionably definitive” NEBULARBLOG “Outrageous cash grab” FINANCIAL TIMES “Dark, five stars” SUNSET DAILY “Intimidating plasticity” CONCRETE GAZETTE SYDNEY FRINGE FESTIVAL | 91

“Tickled pink” THE TONAL MONITOR “A tidal wave” BEACH LIFE “Questionable taste” GOURMAND.COM youtube.com/watch?v=e53Y5-BmR5I youtube.com/watch?v=j-rblFTwOao youtube.com/watch?v=xtOB-LgtfBE&t=26s Alfie’s Vegan Feast Join Alfie’s Kitchen for a plant-based feast like no other at the Sydney Fringe Festival Hub. Joey has prepared a five-course menu that will push the limits of what to expect in vegan dining. Learn about the team’s favourite native and foraged ingredients and expand your culinary horizons with a 100 per cent vegan food experience to remember.

St. O’Donnell’s Select Gallery St. O’Donnell’s Select Gallery showcases up and coming artists and designers in music, art and film.

As part of our mission, St. O’Donnell is committed to maintaining a genre-free roster of artists and outlets to express music and lifestyle creatively.

‘‘

“A platform for up-and-coming artists, musicians, fashionistas and creatives, St. O’Donnell’s Select Gallery is shining a light on the next wave of Sydney talent.”

HAPPY MAG “A smorgasbord of local art, music, fashion and film.”

BEST BEFORE “Encompassing music, art, fashion and film, the event will continue St. O’Donnell’s unwavering quest to uncover the country’s most exciting talents from the bubbling underground, fusing a range of mediums in their all-encompassing approach.”

LIFE WITHOUT ANDY

92 | AN ANTHOLOGY OF SPACE

‘‘

The Birds, the Bees and the Entire Menagerie “Let me tell you ‘bout the birds and the bees, the flowers and the trees... “ Can the most important conversation in our lives be the one we are most afraid of? The Birds, the Bees and the Entire Menagerie is a verbatim theatre piece that challenges what we were taught about sex, love and the basic elements of human connection.

Is sex still just... sex?

Who is Mordechai Waterview?

Mordechai comes to the Fringe with his show, throwing down his stable of international guests.

It’s what he doesn’t know and you find out that answer the question.

An absurdist black comedy one man stand up show questioning male identity, choices, #ing life... instagram.com/mordechaiwaterview/ Ripe Ripe follows Claire, Elisabeth and the worlds they navigate together after meeting on New Years Eve on the streets of Sydney. One has just left high school, home and her mother’s judgement for a life with a man who won’t pick up the phone. The other knows the city down to its plumbing, people down to their darkness and has theorised her world down to it’s molecules. Two girls meet on the streets of Sydney and it feels right. A surreal and sensory exploration of the relationships with people who can cut to your core and the safety to be found outside of comfort zones, the girls spend the night navigating Elisabeth’s clients, Claire’s mother and boyfriend, cat ladies, cruel people, buffets and boats. They exercise compassion and control when met with a violent, volatile world and explore the depths of themselves through the eyes of the other.

Romeo & Juliet & Dungeons & Dragons Choice! Chance! Consequence!

The world’s greatest playwright meets the world’s greatest role-playing game in this interactive piece of collaborative re-telling.

Come play a game of Dungeons & Dragons where iconic scenes from Romeo & Juliet are now yours to influence. Take control of the key characters and make choices on their behalf. Ultimately, however, success or failure comes down to the roll of a twenty-sided dice.

Whatever the outcome, this classic will never be the same.

SYDNEY FRINGE FESTIVAL | 93

Deadline!

Every company has a fear of getting the client from Hell. What would happen if you actually do? But hey, IT people are too cool to let that get in the way of having a few laughs.

A horror/comedy written by a computer programmer turned stand-up comic, Deadline tells a tale that we can all learn lessons from: 1. Always know who you are working for.

2. Project planning and time management.

3. Always read the fine print. *contains supernatural themes, done on a budget.

Gills The story of a woman who isn’t a salmon.

Emily doesn’t fit in. She’s nice enough, but she has lungs. It’s hard living under the sea when you’re the only one without gills.

So she better get some gills. Because its becoming dangerous not to.

A new play about fish… and other things.

Mirror A confident businessman wants to sell a new type of mirror. A child builds a time machine and travels to another place. An old man enjoys the simple things in life. A musician is inspired by pigeons. An actor is frustrated with the politics of casting.

Mirror is a one-man show, with five characters. Through this series of short vignettes, Robbie Greenwell explores the connection between identity and performance, communicating through various modes, including stand-up comedy, clowning and rap. Drawing inspiration from intersectionality, each character reflects and distorts aspects of Greenwell’s personality.

Mirror began as a creative development between performing artist Robbie Greenwell and his partner, Cheryl Chin, a teacher. Inspired by the Sylvia Plath poem of the same name, the show made its debut in the 2017 Adelaide Fringe Festival. Mirror will make its interstate premiere at the 2017 Sydney Fringe Festival.

Mirror is presented in partnership with Back Porch Theatre Company, with support from the Helpmann Academy.

94 | AN ANTHOLOGY OF SPACE

Plastic People Dream Plane Productions presents Plastic People: a Non-Degradable Love Story, a new Australian work about cancer, sex dolls and Hollywood romance.

Achievement Day means everything to the Platt family. It’s a day when they gather to present their achievements over the past year – and failure is not an option. But that’s all turned upside-down when Cassie Platt announces her two biggest achievements of the year: she has terminal leukaemia and she’s getting married to a ‘Hollywood star’ named Ryan... who happens to be made of plastic.

Her Mum thinks she’s gone off the deep end, her sister thinks she’s an attention-seeking bitch, but Cassie knows when there’s no future in sight, only Ryan Gosling can give you your moment in the light.

Good Grief!

In this insane original farce, an underpaid undertaker takes on quite the undertaking: faking the death of one of his clients. The job quickly becomes more than he bargained for and the situation gets out of hand when the undertaker discovers faux funerals and dysfunctional families do not mix. Featuring an eclectic cast, this funerary fiasco is for fans of classic slapstick and timeless black comedy JobReady Matte is ready to re-enter the workforce. He’s educated, certified and competent. Only, there don’t seem to be many jobs...

At JobReady Agency, it’s our job to get you a job, no matter what! Job job job. But you’ll have to work for it (because you can’t expect to sit around all day on public money, can you?) We’ll break you down and build you back up to be the perfect candidate. This may feel a little strange... * *Audience members may emerge more employable than they were upon entry.

Produced and performed by Feckful Theatre: youtube.com/watch?v=SHpy5R4KTJE&t=770s youtube.com/watch?v=cEsH_C4Dm4o Undertaking People are disappearing. Someone you trust is under suspicion. Will you look away? Critically acclaimed immersive production company Mongrel Mouth debut their new interactive show. This unique multi-sensory thriller allows you to move freely and follow the thread of the story you choose.

In the end it’s all up to you. This is theatre where you don’t have to sit down and shut up! Theatre you control!

SYDNEY FRINGE FESTIVAL | 95

2018

PROGRAM The Chairs: A Theatrical Experience An adaptation of Eugene Ionesco’s classic farce The Chairs., this production consists of a cast of nine in an immersive environment. The audience is brought into the theatrical space and is interacted with as the invisible guests. The space is a large walled-in circular room, with the opportunity to look in from outside, and the ability to hold the entire audience inside.

‘‘

“In Mr Taylor‚’s deft directorial hands The Chairs takes on a life even the author could not have imagined. Ionesco envisaged party guests in the actors’ minds: here, they actually turn up! There’s real danger here [and hilarity too] for audience and actors alike, for the audience become the actors; as each doorbell chimes and more chairs are added to an already overcrowded space, the audience-as-guests enter the performance arena and are manipulated by the actors. The collision of reality and absurdity, and of text and ad-lib is wonderfully realised, for now Ionesco’s characters have someone to talk to. The actors really do have an old flame to court, and they bow and scrape, court, grovel, romp and chat-up their amazing guests.

This is the real fun of the piece. The arrival of the Emperor has everyone being obsequious such is the dramatic turn in actor/audience which Taylor is able present.

This is dangerous clever stuff which could go so horribly wrong on so many levels.

It succeeds because Taylor has clearly done his homework on the play and has found yet another absurdist chink to prise open”.

JEFF HOCKLEY, Part of an unpublished review The Examiner

Little Eggs Collective Presents: Pinocchio The work will be a reimagining of the classic text, Pinocchio. It will combine clown, movement, puppetry and live music to follow our central character Geppetto, an old impoverished wood carver who creates puppets to explore an imaginative world of his own, but they are never quite enough... until Pinocchio. facebook.com/littleeggscollective/ Flowers & O Jim This will be an experiential and immersive production of a rarely performed Australian text. Striking and unusual, this performance will combine theatre, performance art and immersive performance in a way that is quintessentially ‘Jetpack’.

96 | AN ANTHOLOGY OF SPACE

Shrew One half of the show will be a psychedelic, warped fun-fair-like presentation of the original Shakespearean version of the text. In Shakespeare’s The Taming of the Shrew, one of his most troublesome plays, we are presented with a dark and brutal relationship. We watch as Petruchio slowly brings Katharina under his control in the most demeaning ways possible. All the while, we laugh at the comic attempts of the characters and their antics. This half of the piece will be crazy, uncontrolled and a lot of wild fun for the audience, lulling them into a sense of secure entertainment, while they know deep down that it is horribly wrong to be enjoying this scenario.

Intercut with this will be stories of men and women who have experienced/ are currently experiencing domestic violence (will you only see their faces via a live-stream?). These stories will be told with no excess, just those figures in present time, with honest stories.

Ultimately, this play will ask its audience the question: how do we enjoy our lives every day with such little consideration for the people suffering at the bloody hands of others. At the end of the play, there should be practical, real-world implication of the performance. This will first manifest itself in a Brechtian-style discussion with the audience, and there will also be an option for audience members to make practical change (a petition or donation point). We want to make real change with this piece.

Twelfth Night A queer take on Shakespeare’s Twelfth Night. Cross dressing, gender confusion, love, loneliness, cruelty, folly, sex and songs. One of Will’s most nuanced comedies, it is also one of his most musical, and will feature original music written and performed by local composer Antonio Fernandez.

Blobfish by Ayla A play with three characters, a story about a couple living in their small house, struggling with mortgage repayments, marital problems and the authority of powerful financial and political institutions over their lives. The struggle reaches it’s climax over a night when the bank wants to seize their property due to delays in mortgage repayments.

‘‘

“Deliciously Dark with Splats of Silliness” THECLOTHESLINE.COM.AU

SYDNEY FRINGE FESTIVAL | 97

Warwick/ Becker Show In the near future, Sydney’s last shopping centre houses a small group of charity fundraisers.

As the foot traffic and interest lessens and lessens, they are forced to question how they can challenge people to re-evaluate what’s important, in a climate of increasing automation, online narcissism and limited attention spans.

Stuck A new Australian play about the distinctly different frustrations of three young adults, Stuck explores a range of themes: the painful transition from the follies of youth to the responsibilities of adulthood, sex, violence, indifference, insecurity, a lack of fulfilment, and issues of self-esteem. The play even takes a cursory look at immigration.

Stuck is essentially the story of someone who wants to get on with their life but can’t, and two people who can get on with their lives but won’t.

‘‘

“The story, dialogue and acting were all extraordinary.”

“An exceptional cast.” “(Andrew O’Connell) has written three solid characters, each with a tremendous depth of personality, with dozens of little nuances.”

Monument

Monument tells the story of a fictional mass shooting in an Australian Museum.

98 | AN ANTHOLOGY OF SPACE

SYDNEY FRINGE FESTIVAL

5 Eliza Street, Newtown NSW 2042 (02) 9550 6087 | sydneyfringe.com

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

A proposal for the States and Territories to adopt South Australian and New South Wales variations to definitions within the National Construction Code, to better support arts and cultural land use as a nationally consistent approach in the NCC 2019.

ARTS VENUES & ASSEMBLY BUILDINGS PROPOSAL FOR CHANGE, NATIONAL CONSTRUCTION CODE 2019

September 2017

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

The Australian Building Codes Board 224 Bunda St, Canberra ACT 2600 Prepared by the Live Music Office in partnership with Sydney Fringe Festival and Music NSW, this submission proposes that the New South Wales (NSW) and South Australian (SA) variations to the National Construction Code (NCC) definition of Assembly Building, associated NCC definitions of Class 6, as well as the SA Small Arts Venue variations be a matter for consideration to be adopted nationally by all states and territories in the NCC 2019.

Firstly, we advocate for a Small Arts Venue variation (or equivalent) to be introduced for NSW/nationally. Given that this is already in place in SA, we seek to ensure that as an industry we have a nationally consistent approach from the NCC where best practice state variations have been introduced and recognised.

This principle would then apply to the NSW and SA variations to 9b Assembly Building already in place, to be also applied as a consistent national definition.

We appreciate that there would need to be consideration of the detail, given the slight but important differences already in the NSW and SA Assembly Building definitions. We are aware that the Australian Building Codes Board (ABCB) is not responsible for state variations.

We also submit that serious consideration be given to increasing the capacity of the Small Arts Venue precedent from SA for wider application to expand from the current 300m2 to 500m2, acknowledging that many provisions for 300m2 and 500m2 are similar (P.14/15).

Extensive consultation and research has gone into the advocacy and references supporting this submission over a number years. 





The Live Music Office is funded by The Australia Council for the Arts and APRA AMCOS and provides industry support in better regulation and strategic planning policy development across the States and Territories. This includes working with state and local governments as well as the music sector and hospitality industry associations.

Sydney Fringe Festival has a strong track record of advocacy, as well as providing detailed and extensive research from their work in activating non-traditional spaces and workshopping exempt and complying development for performance venues.

MusicNSW as the state music industry organisation represents the NSW music industry through advocacy, funding and program support.

Advocacy and research undertaken by submitting parties to date on the NCC includes but is not limited to: 

2004/09: Live Music Office Director John Wardle working closely with the NSW government through removing NSW Place of Public Entertainment (PoPE) laws and the associated introduction of the NSW Assembly Building BCA state variation.



2013/14: Live Music Office Director John Wardle chairs the City of Sydney Live Music and Performance Taskforce, and alongside fellow Taskforce member and Sydney Fringe Festival

1|Page

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

Director Kerri Glasscock, assisted a series of associated actions passed by Council in March 2014. 

2014/16: Live Music Office Director John Wardle works closely with the SA Government in the delivery of the May 2016 state variation to Assembly Building definition, the introduction of the Small Arts Venue definition, and the SA Development (Low Impact Entertainment) Variation Regulations 2017 .



2015/16: Sydney Fringe festival Director Kerri Glasscock delivers the Sydney Fringe Festival: Findings of the Pop-Up Theatre Pilot Project and the Sydney Fringe Off Broadway Report.



2016: Live Music Office and Music NSW providing associated Action 2.7 to the NSW Night Time Economy Taskforce Action Plan: Identify reforms to the planning regulations – through changes to Exempt and Complying Development (e.g. to encourage start-ups, creative and small business) and the Building Code of Australia (BCA).

This proposal references supporting documents below contributed to or by submitting organisations as well as further associated references by other agencies later in the proposal. 

2014: City of Sydney Live Music and Performance Action Plan (Live Music Office/Sydney Fringe Festival)



2014: Off Broadway – Final Report of the Leichhardt and Marrickville Live Music Reference Group (Sydney Fringe Festival/Live Music Office)



2015: Live Music Venues and the Building Code of Australia Issues Paper - Skip Consulting (Live Music Office)



2015: Creative Spaces and the Built Environment Forum (City of Sydney/University of Sydney /Sydney Fringe Festival/Live Music Office)



2015: Low Risk Arts and Cultural Venues - NSW Case Study for National Application - Design Collaborative (Commissioned by the Live Music Office, co-funded by City of Sydney)



2015: Sydney Fringe Festival: Findings of the Pop-Up Theatre Pilot Project (Sydney Fringe Festival)



2015: Cool Little Capital – an action plan for Canberra’s live music sector (Music ACT/Live Music Office)



2016: Sydney Fringe Off Broadway Report (Sydney Fringe Festival/Live Music Office)



2016: December 2016 NSW Government response to the Sydney Night-Time Economy Roundtable (Live Music Office/MusicNSW)

We commend this proposal to the Board, and appreciate your consideration of these important reforms for the arts and cultural development of Australia.

Many thanks John Wardle Director Live Music Office 16 Mountain St, Ultimo NSW 2007, Australia Locked Bag 5000, Strawberry Hills NSW 2012 P +61 2 9935 7875 F +61 2 9935 7970 E john@livemusicoffice.com.au W http://livemusicoffice.com.au/

2|Page

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

PROPOSAL FOR CHANGE NATIONAL CONSTRUCTION CODE SERIES SUBJECT A proposal for all states and territories to adopt the NSW and SA variations to definitions created to better support arts and cultural land use as a nationally consistent approach in the NCC2019.

BCA Volume One: SA A1.1 – Definitions, Assembly Building, Small Arts Venue SA A3.6 Classifications, Class 6 (e) Small Arts Venue SA D2.21 (d) SA D1.2 (h) NSW A1.1 – Definitions, Assembly Building NSW A3.2 Classifications

BCA Volume Two:

N/A

Guide to Volume One:

N/A

PCA Volume Three:

N/A

Proposer’s name: John Wardle Proposer’s Organisation: Live Music Office Postal address: 16 Mountain St, Ultimo NSW 2007 Business telephone: 0407 400 018 Email address: john@livemusicoffice.com.au The Proposal 1. What is the proposal?

We propose that the NSW and SA variations to the NCC definition of Assembly Building, associated NCC definitions of Class 6, as well as the SA Small Arts Venue variations be a matter for consideration to be adopted nationally by all States and Territories in the NCC 2019.

For the record, the associated references that provide the existing precedents are provided below.

These comprise      

South Australia - Definitions of Assembly Building and Small Arts Venue South Australia - Classifications - Class 6 (e) Small Arts Venue South Australia - Section D Access and Egress Part D1 Provision For Escape South Australia - Part D2 Construction Of Exits SA D2.21 Operation of latch New South Wales – Definition of Assembly Building New South Wales - Classifications - Class 6

3|Page

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

Associated References 1. SA A1.1 – Definitions, Assembly Building, Small arts venue Assembly building means a building where people may assemble for— (a) civic, theatrical, social, political or religious purposes including a library, theatre, public hall or place of worship; or (b) educational purposes in a school, early childhood centre, preschool, or the like; or (c) entertainment, recreational or sporting purposes including— (i) a discotheque or nightclub or a bar area of a hotel or motel providing live entertainment or containing a dance floor; or (ii) a cinema; or (iii) a sports stadium, sporting club or other club; or transit purposes including a bus station, railway station, airport or ferry terminal.

Small arts venue means the whole or the only part of a building that has a rise in storeys of not more than 2— (a)

in which cultural activities including live music, visual art displays, dancing, poetry and spoken word performances are provided to the public; and

(b)

the floor area used does not exceed 300m2; and

(c)

no pyrotechnics or theatrical smoke (smoke machines, hazers or the like) are used.

2. SA A3.6 Classifications, Class 6 (e) small arts venue Class 6: a shop or other building for the sale of goods by retail or the supply of services direct to the public, including— (a)

an eating room, café, restaurant, milk or soft-drink bar; or

(b)

a dining room, bar area that is not an assembly building, shop or kiosk part of a hotel or motel; or

(c)

a hairdresser’s or barber’s shop, public laundry, or undertaker’s establishment; or

(d)

market or sale room, showroom, or service station; or

(e)

a small arts venue.

3. SA D2.21 (d) Section D Access and Egress Part D1 Provision for Escape (d) The requirements of (a) do not apply in a small arts venue to a door in a required exit serving a storey or room accommodating more than 100 persons, determined in accordance with D1.13, in which case it must be readily openable— (i)

without a key from the side that faces a person seeking egress; and

4|Page

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

(ii)

by a single hand pushing action on a single device such as a panic bar located between 900 mm and 1.2 m from the floor; and

where a two-leaf door is fitted, the provisions of (i) and (ii) need not apply to one door leaf if the appropriate requirements of D1.6 are satisfied by the opening of that one leaf.

4. SA D1.2(h) (h) Any small arts venue that accommodates more than 50 persons, calculated under D1.13.

5. NSW A1.1 – Definitions, Assembly Building Note that the New South Wales variation to the NCC definition of Assembly Building differs from the SA variation as it also deletes the reference to a discotheque or nightclub.

Assembly building means a building where people may assemble for— (a) civic, theatrical, social, political or religious purposes including a library, theatre, public hall or place of worship; or (b) educational purposes in a school, early childhood centre, preschool, or the like; or (c) entertainment, recreational or sporting purposes including— (i) a discotheque, nightclub or a bar area of a hotel or motel providing live entertainment or containing a dance floor; or (ii) a cinema; or (iii) a sports stadium, sporting or other club; or (iii) transit purposes including a bus station, railway station, airport or ferry terminal.

6. NSW A3.2 Classifications

Class 6: a shop or other building for the sale of goods by retail or the supply of services direct to the public, including— (a) an eating room, café, restaurant, milk or soft-drink bar; or (b) a dining room, bar area that is not an assembly building, shop or kiosk part of a hotel or motel; or (c) a hairdresser’s or barber’s shop, public laundry, or undertaker’s establishment; or (d) market or sale room, showroom, or service station.

5|Page

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

The Current Problem 2. What problem is the proposal designed to solve?

This proposal identifies two distinct problems that could be addressed by reforming these provisions in the NCC for 2019.

1. The issues facing small to medium creative spaces and the application of definitions designed for larger premises with entertainment/assembly land use activity, 

Lack of affordable appropriate small-medium sized cultural spaces for performance, rehearsal and multi-purpose use.



Restrictions on building use and land use that prohibits low-impact cultural use or performances in many areas that would otherwise suit that type of activity.



Lengthy and costly project timelines that prohibit temporary cultural activity or support sustainable grassroots business models.

2. The uncertainty and relevance of retaining identified clauses in the definition of Assembly Building pertaining to (i) a discotheque, nightclub or a bar area of a hotel or motel providing live entertainment.

The 2015 Sydney Fringe Festival Findings Of The Pop-Up Theatre Pilot Project Report delivered by Festival Director and CEO Kerri Glasscock speaks to the issues the sector faces in the introduction.

In many instances, managers of small and medium creative spaces, generally under 500m2, have found focusing primarily on arts and cultural activity has drawn them into regulatory categories designed for much larger theatre and performance space. Whilst relatively defined regulatory pathways exist for small bars and retail spaces, regulation does not appear to scale effectively between small and large creative spaces.

Currently, creative spaces are often subject to definition within the planning system as ‘Entertainment Venues’ and, within the building system, as ‘Assembly Buildings’. These categories have been designed for nightclubs, major halls and public buildings such as airports and schools. Whilst they can be adapted to apply to smaller creative spaces, this can only be done at a cost well beyond the limited resources of smaller creative enterprises, and with timeframes which make short term and temporary projects untenable.

Increasingly artists are presenting work that is breaking with tradition, is multi-genre, and pushing the boundaries of form and function. These contemporary works require a very different venue from the traditional theatres of old.

When weighing up the average inner city retail property to lease short term, with the producer retaining all box office earnings, a pop-up retail conversion becomes an economically viable option to hiring a traditional theatre space. Rental rates are generally cheaper than accessing one of the limited hireable spaces, time spans are more flexible, and the producer has greater control over ticketing, staffing and other conditions. This increased control over ticket pricing and expenses makes it possible to make a profit, rather than the investing most earnings back into hiring the venue.

If artists were able to legally and affordably use available, empty spaces the current venue crisis would literally cease to exist.

Sydney Fringe Festival Director and CEO Kerri Glasscock

6|Page

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

Assembly Building Definitions In a report prepared for the Live Music Office in 2015 by Fire Safety Engineer and Building Regulation Consultant Stephen Kip of Skip Consulting Live Music Venues and the BCA Issues Paper, the problems created by the current system are investigated in detail.

This report looks at the differences in application of building regulations prescribed by the National Construction Code, Building Code of Australia Volume One (BCA) for Class 6 retail buildings (specifically hotel bar area) and Class 9b public buildings according to the Deemed-to-Satisfy Provisions of the Building Code of Australia.

In particular the report considers the implications of a Class 6 hotel bar area also having live music, which is typically considered as a Class 9b use in accordance with the BCA. The NCC classification system determines that where live music or a dance floor is introduced to a Class 6 hotel, it becomes a Class 9b building.

There does not appear to be any strong evidence for this difference, particularly given improved technological changes to live music performance, and this current approach does not accurately reflect the risk (i.e. use, hazard or occupancy).

The current BCA (excluding State or Territory variations) specifies that a Class 6 building includes; “a dining room, bar area that is not an assembly building, shop or kiosk part of a hotel or motel7”.

Class 9b buildings include assembly buildings, which are defined as: “Assembly building means a building where people may assemble for— (c) entertainment, recreational or sporting purposes including— (i) a discotheque, nightclub or a bar area of a hotel or motel providing live entertainment or containing a dance floor; or By way of comparison, the assessment criteria intended in the BCA5 of; “risk levels based on use, hazard and occupancy”, would be very similar for these two BCA classifications. For example, the hazard from providing live entertainment or containing a dance floor is independent of occupancy (i.e. the same population with the same conditions of alcohol consumption should not necessarily be adversely effected by introduction of live entertainment or a dance floor).

Whilst the hazard may be different, modern technology has substantially reduced the hazards in live entertainment (electrical overload from lighting, amplification, pyro-technics etc.) and other uses such as electronic gaming (including poker machines) for example, in Class 6 buildings, can also change the hazard in a building.

Stephen Kip of Skip Consulting

7|Page

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

3. What evidence exists to show there is a problem?

Numerous government reports and commitments to industry nationally have identified the operation of these provisions in the NCC with particular regard to being a barrier to small to medium sector arts and cultural land use.

This proposal directs the ABCB to the supporting documents produced by the Live Music Office, Sydney Fringe Festival and the City of Sydney that investigate the challenges created by the current system, including;     

2015: Live Music Venues and the Building Code of Australia Issues Paper - Skip Consulting.

2015: Low Risk Arts and Cultural Venues - NSW Case Study for National Application - Design Collaborative.

2015: Sydney Fringe Festival: Findings of the Pop-Up Theatre Pilot Project (Sydney Fringe Festival).

2016: New Ideas for Old Buildings Report – City of Sydney.

2016: Sydney Fringe Off Broadway Report (Sydney Fringe Festival / Live Music Office).

Additional primary sources: New South Wales: The 2013 NSW Government Creative Industries Action Plan found that Further, anecdotal reports suggest that current Building Code of Australia, health and safety and fire regulations provide unreasonable financially prohibitive restrictions for new venues to operate, particularly in Sydney. A deeper examination would assist in a better understanding these issues.

New South Wales: In June 2015, the City of Sydney partnered with the University of Sydney and the Live Music Office to host a forum, Creative Spaces and the Built Environment. Including a presentation by Sydney Fringe Festival, the findings from this forum published in the New Ideas for Old Buildings Report present a strong case outlining the problem.

New South Wales: The December 2016 NSW Government response to the Sydney Night-Time Economy Roundtable supports report action Action 2.7 Identify reforms to the planning regulations – through changes to Exempt and Complying Development (e.g. to encourage start-ups, creative and small business) and the Building Code of Australia (BCA).

Queensland: Prepared for the Queensland Department of Premier and Cabinet, the 2 December 2016 Music Industry Working Group Outcomes Report under the section Improving regulation: Planning and Permitting, recognises the need to “Redefine what is a venue? And any barriers for building code, regarding compliance, DA”.

Western Australia: The WA Labor Policy | February 2017, CREATIVE WA: SUPPORTING THE ARTS & CREATIVE INDUSTRIES includes a commitment to: Introduce a State Planning Policy on live performance to streamline the approvals process for live performance, ensuring consistency across local governments.

Victoria: In a July 2017 letter to the Victorian Planning Minister by Dr Kate Shaw from the University of Melbourne School of Geography, also endorsed by Jon Perring from Fair Go 4 Live Music (FG4LM), Helen Marcou from Bakehouse Studios/Save Live Australia’s Music (SLAM), and John Wardle from the National Live Music Office, a submission was made as follows: We’re concerned that musicians and artists are constrained in their practices by the Victorian planning system, along with broader community access to their performances and works. The current land use definitions, zone use tables, building class definitions and lack of integration between state planning systems and the Building Code of Australia (BCA), do not accommodate contemporary arts 8|Page

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

and cultural land-use practices. This is resulting in arts initiatives either being prevented from starting up, or operating illegally.

South Australia: On 10 February 2016, the Premier announced an industry-led red tape reduction review aimed at supporting Adelaide’s live music venues. The resulting ‘Streamlining Live Music Regulation’ 90-day Change@SA project was established to investigate and implement reforms.

The case studies examined by the project team illustrate how this complex system has led to delays, burdensome conditions being placed on licensees through the planning and conciliation process and operators incurring significant costs for acoustic engineering reports, noise attenuation works and building code compliance. This complexity creates a disincentive to showcase music in an existing venue or to or open a new live music venue.

The project team undertook a rigorous analysis of the legislative environment, conducted interviews, prepared case studies and formed an industry reference group that provided advice about live music related issues. There is ample scope to simplify the current regulatory system whilst still ensuring that common neighbour and community concerns about noise and safety are addressed.

The primary evidence that we also submit to the ABCB is that both NSW and SA have progressed state variations to address these issues. We suggest this is a more than reasonable indication that there remains a problem with the current NCC where these variations have not been introduced.

The Objective 4. How will the proposal solve the problem?

It can be strongly argued that the cost savings for business will enable all sorts of arts and cultural activations that previously have been unviable under the current system.

In the associated reference with regards to the Small Arts Venue definition, the Streamlining Live Music Regulation 90-day project report from the South Australian Government identifies that: The move from Class 9b to a Class 6 classification for live music venues that meet the relevant criteria is a big win for regulation in South Australia for live music and significantly reduces the costs associated with starting a live music or small arts venue.

With regards to the Assembly Building Definition, a deal of uncertainty will be removed through delivering a nationally consistent approach that adopts the NSW and SA precedents.

The submitting organisations acknowledge that there is further work is still to be done with associated building/planning regulations with regards to Development Approvals process.

Once again South Australia is leading the way nationally with the January 2017 introduction of the SA Development (Low Impact Entertainment) Variation Regulations 2017 - Where the Acts and activities that are not development were amended to include the carrying on of low impact entertainment on premises other than residential premises in accordance with the lawful use and occupation of the premises and in compliance with the Environment Protection Act 1993.

9|Page

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

Small Arts Venues In the proposal for change submitted by the South Australian South Australian Department of Planning, Transport and Infrastructure the following example was provided to demonstrate the anticipated effects of the Small Arts Venue variation.

Building use (scenario)

Before NCC 2016

NCC 2016 (from 1 May 2016)

A hotel or motel proposes to provide live music or spoken word performance, display some art, or show a locally produced movie in a corner of the lounge bar

A development application for change of building classification is required – from Class 6 to Class 9b

The building classification for the area used remains Class 6.

No application for change of classification is required

Use of a room on the first floor of a shop building as a small multi-purpose arts venue, with potential for live music, comedy, dance performance, or art display.

The relevant approving authority determines that the proposed use is a Class 9b, being a ‘nightclub, discotheque or the like’, and therefore requires automatic shut-down of any air-handling system on the activation of smoke detectors, fire detection and alarm system or sprinkler system, plus

The proposed use is a small arts venue, as defined in the SA variations and additions to the NCC.

The area to be used is less than 300 m2.

There are two alternative exits available.

The building has a ground floor and upper floor.



automatic smoke exhaust system; or



automatic smoke-andheat vents; or



a sprinkler system with fast response sprinkler heads

Panic bars must be fitted to exit doors.

We also submit that serious consideration be given to increasing the capacity of the Small Arts Venue precedent from SA for wider application to expand from the current 300m2 to 500m2, acknowledging that the provisions for 300m2 and 500m2 are similar.

The requirements of the Building Code for Class 6 and Class 9b buildings are generally comparable, except the requirements for smoke hazard management, which are more onerous for Class 9b.

Both Class 6 and 9B require Hydrants and Hose Reels for buildings over 500m² floor area.

See P.14/15 - Comparison of NCC requirements for Class 6 and Class 9b buildings - (SA DPTI, 2015).

10 | P a g e

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

5. What alternatives to the proposal (regulatory and non-regulatory) have been considered and why are they not recommended?

On 29 October 2014 the Building Amendment (Live Music) Regulations 2014 were introduced to amend the Building Regulations 2006 in relation to the classification of small live music venues under the Building Code of Australia in the state of Victoria.

The intent of this amendment is to exempt primary purpose live music venues that are at or under 500msq and with a vertical travel of two floors or less from being assessed as a BCA class 9b assembly building for compliance.

BUILDING INTERIM REGULATIONS 2017 - REG 122 Small live music venue classification (1) The BCA Volume One applies as if, in clause A1.1, for paragraph (c) (iii) of the definition of Assembly building there were substituted— "(iii) a sports stadium, sporting or other club— but not including a small live music venue ; or".

(2) The BCA Volume One applies as if, in clause A1.1, after the definition of Sitework there were inserted— " Small live music venue means the whole or the only part of a Class 6 building that has a rise in storeys of no more than 2— (a) in which live music entertainment is provided to the public; and (b) that has a floor area not greater than 500 m 2 .".

(3) The BCA Volume One applies as if, at the foot of the definition of Class 6 in clause A3.2, there were inserted— " Note A Class 6 building or part of a Class 6 building in which people assemble for entertainment purposes remains a Class 6 building or part of a Class 6 building if it is a small live music venue —see the definition of Assembly building.".

This approach is not supported for the following reasons.

Fire Safety Engineer and Building Regulation Consultant Stephen Kip identifies the following: Victoria also introduced the Building Amendment (Live Music) Regulations 2014 (S.R. No. 197/2014) on 29 October 2014 which defines a ‘small live music venue’ as a Class 6 building of less than 500 m2. This amendment remains problematic as it does not apply to a Class 6 building that has a dance floor, but no live music, or is more than 500m2 in floor area, or more than 2 storeys in height. These uses would still be Class 9b under the classification system of the BCA, and classifying use based on floor areas, for example, is inconsistent in relation to use and hazard.

The proposal for change from the South Australian Department of Planning, Transport and Infrastructure for the 2016 Small Arts Venue variation made the following observation: The Victorian definition of ‘small live music venue’ only applies to Class 6 buildings. The ‘small arts and cultural venue’ proposed could be in part of a building of any NCC classification – for example, it could be in part of a Class 5 office building, part of factory or warehouse (Class 8 or 7) or in part of a Class 9b assembly building. The relevant NCC provisions including multiple classification (clauses A3.3 and C1.3), parts with more than one classification (clause A3.4), and mixed types of construction (clause C1.4) would continue to apply.

11 | P a g e

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

The Impacts 6. Who will be affected by the proposal?

Primarily the arts and cultural sector, as well as the hospitality, tourism, and other industries with which they are associated.

7. In what way and to what extent will they be affected by the proposal?

The potential for red tape reduction and associated cost savings are real.

The proposed changes would create affordable and accessible small venues, and enable initiatives like creative hubs for community centres and local government, pop up events for festivals, encourage in-store performances in record stores, music schools and retail, supporting much greater participation and diversity in the performing arts.

James Lidis, Director of town planning consultants Design Collaborative, and author of the 2015 Low Risk Arts and Cultural Venues - NSW Case Study for National Application report speaks to the strong social and economic benefits for cities that a better approach to building and planning regulations would provide.

“Fine-grain arts and cultural facilities are a necessary ingredient to creating a dynamic and interesting human environment, and importantly, will fill a gap in the depressed retail lease market to occupy empty shopfronts and disused buildings on our high streets whilst simultaneously giving patrons and shoppers a new reason to visit these areas”.

If implemented, these changes would:     

Provide independent artists with affordable, appropriate space.

Enable the ability to provide the community with greatly needed cultural space without huge investment in cultural infrastructure.

Support the hospitality industry and existing venues in red tape reduction and cost saving.

Enables cultural organisations to invest in infrastructure and assets to further their independence and sustainability.

Provides cultural organisations the ability to create diverse, independent income streams.

These proposed changes are of national significance to our community, our economy, and encouraging cultural expression which defines our identity as Australians.

Again, there have been many reports now that have investigated these issues and provided the case for change.

12 | P a g e

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

Consultation 8. Who has been consulted and what are their views?

The submitting organisations have undertaken extensive consultation over some years — This is reflected in the supporting documents and references.

A snapshot of these would include:                   

APRA AMCOS Building owners Building policy agencies in VIC, SA , WA, ACT and NSW Building Surveyors / Town Planners City of Sydney Create NSW Fair Go 4 Live Music (FG4LM) Inner West Council Live music industry organisations Melbourne University Music ACT Music NSW QLD Department of Premier and Cabinet Queensland Australian Hotels Association Save Live Australia’s Music (SLAM) The Northern Territory Music Industry Council The South Australian Government Venue operators Victorian Live Music Regulation Roundtable

The extensive industry reports and government commitments across state and local government nationally recognise the issues and are broadly supportive of addressing the situation.

The Australian Building Codes Board have an opportunity here to recognise the problem, acknowledge the state variations that have already been progressed, and deliver a nationally consistent approach to what is a universally recognised issue across the country.

13 | P a g e

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

Comparison of NCC requirements for Class 6 and Class 9b buildings - (SA DPTI, 2015).

BCA section or part

Class 6 (hotel bar)

Class 9b (live entertainment)

Part B Structure

Importance level

Importance level

Part C1 Fire resistance and stability

Single storey – Type C 2 storey – Type C 3 storey – Type B 4 or more storeys – Type A

Single storey – Type C 2 storey – Type B 3 storey – Type A 4 or more storeys – Type A

Part C2 – Compartmentation and separation

Type C limited to 2,000m² Type B limited to 3,500m² Type A limited to 5,000m²

Type C limited to 3,000m² Type B limited to 5,500m² Type A limited to 8,000m²

Part C3 - Protection of openings

Same requirements

Same requirements

Part D1 – Provision for escape

At least one exit from each storey

At least one exit from each storey; and not less than 2 exits from each storey if the building has a rise in storeys of more than 6 or an effective height of more than 25m.



Number of exits required



Exit travel distances

No point on a floor must be more than 20m from an exit, or a point from which travel in different directions to two exits is available, in which case the max distance to one of those exits must not exceed 40m.

The distance to a single exit serving a storey at the level of access to a road or open space may be increased to 30m.

No point on a floor must be more than 20m from an exit, or a point from which travel in different directions to two exits is available, in which case the max distance to one of those exits must not exceed 40m.

The distance to one of the exits may be 60m if the path of travel from the room concerned to that exit is through another area which is a corridor or the like, the room is smoke separated and the travel distance is not more than 40m within the room and 20 m from the doorway to the exit.



Distance between alternative exits

Not less than 9m apart and not more than 60m apart

Not less than 9m apart and not more than 60m apart



Dimensions of exits and paths of travel to exits

Not less than 1m wide for 100 persons, plus 250mm for every 25 persons in excess of 100 Not less than 2m aggregate width for 200 persons plus 500mm for every 60(with a ramp) or 75 persons (no ramp) in excess of 200

Not less than 1m wide for 100 persons, plus 250mm for every 25 persons in excess of 100 Not less than 2m aggregate width for 200 persons plus 500mm for every 60(with a ramp) or 75 persons (no ramp) in excess of 200



Number of persons accommodated

Bar– 0.5m² per person standing/dancing or 1m² per person

Bar– 0.5m² per person standing/dancing or 1m² per person



Doorways and doors

Can have a roller shutter or a tilt-up door in a required exit if the floor area is not more than 200m²

Not allowed



Operation of latch

Concession if floor area is under 200m²

No concession



14 | P a g e

ARTS VENUES AND ASSEMBLY BUILDINGS - PROPOSAL FOR CHANGE, NCC 2019

BCA section or part

Class 6 (hotel bar)

Class 9b (live entertainment)

D2 – Construction of exits

Same requirements

Same requirements

D3 – Access for people with a disability

To and within all areas normally used by the occupants Exemption for providing lifts or ramps in buildings not more than 3 storeys and less than 200m² floor area for each storey Concessions for some lifts and toilets and for single tenancies

To and within all areas normally used by the occupants Exemption for providing lifts or ramps in buildings not more than 3 storeys and less than 200m² floor area for each storey Concessions for some lifts and toilets and for single tenancies

E1 – Fire fighting equipment 

Hydrants and hose reels

Required for buildings over 500m² floor area

Required for buildings over 500m² floor area



Sprinklers

Required if floor area is more than 3,500m² in floor area or 21,000m³ in volume (requires a fire control centre if building is more than 18,000m² in floor area)

Required if floor area is more than 18,000m² in floor area or 108,000m³ in volume (also requires a fire control centre)

Air-handling system that recycles air from one compartment to another must operate as a smoke control system or have dampers that close automatically, and a smoke detection system must operate the zone smoke control

Air-handling system that recycles air from one compartment to another must operate as a smoke control system or have dampers that close automatically, and a smoke detection system must operate the zone smoke control

More than 2 storeys, must have-

More than 2 storeys, must have-

 Pressurised exit; or

 Pressurised exits; or

 Zone smoke control; or

 Zone smoke control; or

 Automatic smoke detection and alarm; or

 Automatic smoke detection and alarm; or

 Sprinklers

 Sprinklers

Fire compartments more than 2000m² must have-

Nightclubs and discotheques must have automatic shutdown of A/C on activation of smoke detectors and other fire systems.

If not more than 3,500m² must have-

E2 – smoke hazard management

 Automatic smoke exhaust; or  Automatic smoke and heat vents; or If not more than 3,500m² and single storey an automatic smoke detection and alarm system; or if more than 2 storeys a sprinkler system

 Automatic smoke exhaust; or  Sprinklers If more than 3,500m² in floor area, must have Sprinklers; or  Automatic smoke and heat vents;

F2 – Sanitary facilities

Numbers as per table for restaurants, cafes and bars

Numbers as per table for public halls, function rooms or the like

For 200 patronsMale – 2 WCs, 4 urinals and 2 HBs Females – 5 WCs and 3 HBs

For 200 patronsMale – 2 WCs, 4 urinals and 2 HBs Females – 5 WCs and 3 HBs

15 | P a g e

PRECINCT

2016 SYDNEY FRINGE FESTIVAL Off Broadway Report 115

PRECINCT

CONTENTS Project summary.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Identifying the precinct area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Existing LEP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Design and branding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Off Broadway website. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Marketing and promotion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PR campaign. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Off Broadway Festival Hub. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Launch event. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Wayfinding.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Engagement with local business for additional project funding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Engagement with local business for festival activation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Placing new tenants in the precinct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Real estate agents and landlords. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Other issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 New business in the precinct.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Securing space for low risk enterprise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Case studies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Continued Momentum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Recommendations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Appendix 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Appendix 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Appendix 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Appendix 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Appendix 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Appendix 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Appendix 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Appendix 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Appendix 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Appendix 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

PROJECT SUMMARY In 2016 the Sydney Fringe Festival was engaged by the Leichhardt Council (now Inner West Council) to manage the conception and launch of the Off Broadway Precinct project as outlined in the Minor Consultancy Contract – Leichhardt Council & The Sydney Fringe Festival.

The Sydney Fringe was engaged to deliver the first stage of the Off Broadway Precinct project. This included the development of a management plan and delivery schedule based on a number of the recommendations in THE FINAL REPORT OF THE LEICHHARDT AND MARRICKVILLE OFF BROADWAY LIVE MUSIC REFERENCE GROUP report including: Topic 2: Determining Off Broadway as a framework for the proposed Parramatta Rd cultural, entertainment, performance and live music precinct.

Topic 4: Defining the initial activation area boundaries on Parramatta Rd Topic 6: Working with existing businesses and land owners Topic 7: Activating vacant premises Topic 8: Marketing and promotion Topic 9: Developing partnerships From this plan it was resolved that the Sydney Fringe Festival was responsible to: 1. Identify the new music and cultural precinct, (Parramatta Rd and South Annandale areas) and engage with the surrounding community 2. Manage and deliver the first stage of the project 3. Manage branding concepts for the project 4. Identify and initiate way-finding tools 5. Program activity into existing businesses in the precinct during the festival 6. Facilitate and broker new tenancies in the precinct 7. Produce key events during the festival to promote the precinct and associated brand 8. Work alongside and compliment the Renew Leichhardt project

4

This report outlines the processes taken by the Sydney Fringe, records the successful delivery of the project and lists issues encountered, as well as recommendations for the future success of the precinct and the development of small and medium independent creative businesses in NSW.

IDENTIFYING THE PRECINCT AREA

The boundary area determined upon by the Sydney Fringe Festival (SFF) in association with Council was centred along Parramatta Road between Catherine Street and Pyrmont Bridge Road. This ensured that the three existing landmark venues The Bald Faced Stag, The Empire Hotel and The Annandale Hotel were included in the precinct, and also included a number of existing creative businesses including but not limited to: • • • • • • • • • • •

Tetch Gallery Black Wire Records Higher Ground Studio Nauti Studios Aarons Pianos Pop-up Picnic Los Carmonas Sax and Woodwind Global Vintage Guitars Downtown Music Sydney Studios 41

OFF BROADWAY REPORT 2016

This area also had the highest concentration of vacant properties in close proximity to each other at the time the precinct was designated. The largest challenge facing new tenants in the area was the perception they would need to ‘go it alone’ on Parramatta Road. It was hoped that this high concentration of activations and possible leaseholds would allow new tenants to unite as a community, and assist with cross promotion and marketing, making the initiation of the precinct as a destination easier to launch and promote.

A temporary Festival Hub activation was also created at 74 Pyrmont Bridge Road to operate during the festival between 5–25th September 2016.

5

P R E C INC T

S Y D N E Y

C R E AT I V I T Y

L I V E S

H E R E

F R I N G E

F E S T I VA L

H U B

5–25 September

sydneyfringe.com

This property sat slightly outside of the original boundary but was chosen because of its suitability as a multi-purpose arts space, close proximity to Camperdown Park and the walking route from King Street Newtown. Importantly, the premises had property owners who were supportive of the project and the long-term vision of the precinct, and crucially, were willing to allow a temporary change of use of their property. This issue alone, had been the greatest issue SFF encountered previously when looking towards activating spaces for presenting events across the festival program.

It is a recommendation of this report that the area around Gehrig Lane, Chester Street and the surrounding laneways of Annandale be formally included in the precinct boundaries as the precinct is determined. The larger warehouse style properties are desirable by a broader range of creative businesses, and pose little issues with noise attenuation, as residential land use is limited in the area. The established network of laneways and public art that exists in the area would add to the precinct’s diverse urban character.

6

This area could act as the gateway to the precinct, sitting directly opposite Camperdown Park, a walking thoroughfare could easily be created and promoted from King Street Newtown, down Australia Street that would connect the precinct to other vibrant Inner West hubs.

To achieve this apirational arts and cultural lands use and character so close to the Sydney CBD will require an amendment to the existing LEP which currently excludes ‘Entertainment facilities’ in the Light Industrial Zoning of the area. The existing Marrickville LEP already includes ‘creative industries’ in the Light Industrial Zoning for the intended Sydneham Creative Hub which is now also within the Inner West Council Local Government Area.

EXISTING LEP Light Industrial 1. Objectives of zone • To provide a wide range of light industrial, warehouse and related land uses.

• To encourage employment opportunities and to support the viability of centres.

• To minimise any adverse effect of industry on other land uses.

• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

• To support and protect industrial land for industrial uses.

• To retain existing employment uses and foster a range of new industrial uses to meet the needs of the community.

• To ensure the provision of appropriate infrastructure that supports Leichhardt’s employment opportunities.

• To retain and encourage waterfront industrial and maritime activities.

• To provide for certain business and office premises and light industries in the arts, technology, production and design sectors.

2. Permitted without consent Nil

3. Permitted with consent Agricultural produce industries; Depots; Educational establishments; Garden centres; General industries; Hardware and building supplies; Industrial training facilities; Light industries; Neighbourhood shops; Places of public worship; Roads; Storage premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4

4. Prohibited Air transport facilities; Airstrips; Aquaculture; Biosolids treatment facilities; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Child care centres; Correctional centres; Crematoria; Ecotourist facilities; Entertainment facilities; Environmental facilities; Exhibition homes; Exhibition villages; Extensive agriculture; Farm buildings; Forestry; Heavy industries; Home businesses; Intensive livestock agriculture; Hazardous storage establishments; Health services facilities; Helipads; Highway service centres; Home occupations (sex services); Information and education facilities; Livestock processing industries; Marinas; Markets; Mooring pens; Moorings; Offensive storage establishments; Open cut mining; Public administration buildings; Pubs; Registered clubs; Residential accommodation; Respite day care centres; Restaurants or cafes; Roadside stalls; Rural supplies; Shops; Stock and sale yards; Tourist and visitor accommodation; Waste disposal facilities

OFF BROADWAY REPORT 2016

Marrickville LEP IN2 light industrial zone Marrickville Council’s Local Environment Plan 2011 recognises that the Marrickville area is the centre of Sydney’s independent arts scene and is home to many artists, studios, commercial art galleries, artist-run initiatives, theatres and festivals.

The LEP includes a ‘B7 Business Park’ zone that has the objective of providing for creative industries such as the arts, technology, production and design sectors. It is an employment zone that permits limited residential development in conjunction with employment uses at the ground floor.

The ‘IN2 Light Industrial’ zone will allow for certain creative industries which take the form of business premises or office premises in the arts, technology, production and design sectors.

The creative industries provided for include: • Audio-visual, media and digital media • Advertising • Craft, visual arts and Indigenous arts • Design • Film and television • Music • Publishing • Performing arts • Cultural heritage institutions For the initial stages of the project the SFF focused only on engaging with land owners and tenants on the Leichhardt/North-Eastern side of Parramatta Road. Subsequent to the amalgamation of Marrickville, Ashfield and Leichhardt councils mid project the SFF was able to expand its scope to include the properties on the Marrickville/South-Western side of Parramatta Road, and also the SFF planned activation/ development at Camperdown Oval, the artist studios and Camperdown Commons. With a newly formed amalgamated LGA there is additional opportunity/ potential to expand the precinct footprint to include Pyrmont Bridge Road and its adjoining laneways to create an avenue to connect Newtown with the precinct, encourage foot traffic to the area and provide opportunities for interesting and vital way finding avenues.

7

1. Develop a project management plan and delivery schedule of first stage of the Off Broadway project.

Plan provided to council by 30 April 2016.

• Produce an Off Broadway Precinct marketing campaign (collateral and advertising) during the 2016 Sydney Fringe Festival • Produce Off Broadway launch-specific marketing collateral • Contribute to program and artist’s fee for Parramatta road program during the festival period. (Outline in Appendix 7) • Provide a four-page spread in the official 2016 Sydney Fringe Festival guide for the Off Broadway program

2. In association with Council prepare a detailed analysis of current building stock, existing businesses and canvas key stakeholders in the community. (This was successfully completed and can be found as Appendix 1)

8. Engage existing business (especially, but not limited to culturally focused business) to be included in the heightened activity during the festival period and to become members of the new precinct.

3. Examine the current zoning, existing uses and current DA’s of the designated area, building on the venue matrix already compiled by Council.

9. Include activities from all new and participating existing business’ in the precinct as part of the 2016 Sydney Fringe Festival program and assist to program activity if necessary.

OUTCOMES AND ACHIEVEMENTS On the 30th April 2016 a project management plan was delivered to Council outlining 39 key deliverables expanded from the 11 deliverables outlined in the contract.

4. Identify a section of the Off Broadway area to activate and launch during the 2016 Sydney Fringe Festival.

5. Inspect and seek tenants for properties deemed to be suitable for creative use, introducing established, ready to purchase tenants to landlords and real estate agents. The Sydney Fringe will work closely with Council to assist any new tenants to meet requirements and navigate the regulatory framework needed. The Sydney Fringe will match proprietors that can operate under the existing uses attached to the buildings, where possible.

6. Launch the Off Broadway precinct during the 2016 Sydney Fringe Festival.

7. Plan and manage the implementation of the first stage and launch of Off Broadway, in the period 8/4/16 – 30/9/16, by: • Providing additional lighting for activated properties on Parramatta Rd • Establishment of an Off Broadway Precinct website • Produce an Off Broadway Precinct specific PR campaign for the period of the 2016 Sydney Fringe Festival.

8

10. Produce the Gehrig Lane Off Broadway launch, and seek additional funding where necessary from prominent business on the strip such as Annandale Hotel, Wayward Brewing Co and from associated Fringe partners.

11. Deliver End of Project Report to Council by 31/10/16.

This plan has now been successfully completed.

DESIGN AND BRANDING Off Broadway Precinct — Creativity Lives Here Sydney Fringe Festival conceived, developed and designed the identity and branding for the new precinct.

A detailed style guide was created and new precinct website developed. This style guide then informed the marketing campaign that was developed and rolled out during August–September 2016.

The branding was developed to stand alone from Council, to be flexible in nature and to be able to grow and develop with the project.

OFF BROADWAY REPORT 2016

9

Off Broadway Precinct style guide

10

OFF BROADWAY REPORT 2016

11

OFF BROADWAY WEBSITE The website www.offbroadway.com.au was developed and launched on the 1st of September 2016 to coincide with the start of the Sydney Fringe Festival. It was built via Square Space an affordable platform that is easily maintained and updated. (Domain name registration details and all website specifics can be found at the back of this report APPENDIX 2)

12

In addition to providing the context and history of the project the website acts as a main information tool for visitors to the area and business owners. An inbuilt event calendar promotes activity in the area. This portal now enables all businesses in the precinct to advertise events and activities to a broader audience free of charge.

A venue/business data base has been developed that lists all the creative businesses in the area. Providing their address, information about what type of business they are and links to the individual business websites.

OFF BROADWAY REPORT 2016

13

The website features an image gallery, that includes past events. This is a simple way to build the precincts profile and add to its history/legitimacy. It is a recommendation that Council consider the ongoing employment of a photographer or utilise an existing photographer in the community, to record the events in the precinct and ensure that this gallery is updated.

A detailed section for Public Art is also featured on the site to promote Council’s other projects in the area’s public domain. This links to the existing Leichhardt Public Art Map. It is a recommendation of this report that Council consider future public art projects within the precinct, utilising the existing public art funding and council led projects to enhance and fast track the development of the precinct.

These public art projects could be used to great effect to assist with wayfinding to and within the precinct, and would provide an additional layer of interest, publicity and legitimacy to the area as a creative arts precinct, without the need for additional funds.

14

A resource section was created to outline the additional services to local business that the Off Broadway precinct project can provide such as signage and event listings, as part of the precinct project.

It is also designed to provide future and current business owners an avenue to seek information around opening creative businesses. This information is presented in a way that is accessible to a first time business operator.

The draft copy around the planning and regulatory processes is currently sitting within Council for publishing approval.

Additional services could be provided that would support this resource and potential business owners to the area such as: 1. A designated advisor within Council who understands regulatory and planning frameworks but also the needs of the cultural sector. Who would act as a first point of contact between business owners/creatives and council. (See Appendix 3 for examples at City of Sydney and Woollongong Councils, and the South Australian 90 day change project) 2. The creation of a series of ongoing panel discussions/workshops around opening creative space and small business in the LGA, also informed by the Wollongong City Council Development Approval Information Sessions delivered by Council’s Small Business Planning Team.

OFF BROADWAY REPORT 2016

15

MARKETING AND PROMOTION A detailed marketing campaign was devised to promote the launch of the precinct in addition to the SFF marketing already being produced. This included: Street posters distributed to the Inner West and City locations.

16

A3 posters distributed to local businesses on the City Arts Run via Mainwaring Distribution.

An A5 Flyer promoting event highlights for September in the precinct, featuring pop-up festival activity and existing businesses activity, and promoting the Off Broadway launch event. It was distributed to local businesses and Annandale residents via a letterbox drop through Mainwaring Distribution.

OFF BROADWAY REPORT 2016

17

Off Broadway post card distributed via Avant Card to all their City locations.

18

Off Broadway Precinct Launch invite sent to all VIP invitees.

OFF BROADWAY REPORT 2016

19

6-page spread in the Sydney Fringe Festival guide including one full page advert for Inner West Council and support for existing businesses, The Bald Faced Stag, Tetch Gallery and Wayward Brewing Co.

20

OFF BROADWAY REPORT 2016

21

PR CAMPAIGN The Sydney Fringe Festival’s public relations firm ARTiculate PR were engaged to handle publicity for the precinct launch in addition to the general festival publicity. Publicity secured for Off Broadway included:

Broadway World: article on Blackbird www.broadwayworld.com/sydney/article/ThrowingShade-Theatre-Company-Presents- BLACKBIRD-atSydney-Fringe-20160821

Inner West Courier: 30 August, double page feature on Sydney Fringe Festival with highlight on Melita Rowston’s Giant Worm Show, Castles, King St Crawl and an interview with Kerri Glasscock about Off Broadway. Clipping attached.

The Brag: Guide to the Sydney Fringe Festival with interview with Kerri Glasscock www.thebrag.com/music/brag-guide-sydney-fringefestival-2016

Scenstr: Fringe special with interviews with Kerri Glasscock, Elixir, Queen Cxnt, Elana Stone (Off Broadway Launch), Love Loss & Lattes, Tina Harrod.

Radio 2SER: Interview with Kerri Glasscock in relation to Sydney Fringe 2016 announcement on Saturday arts programme So Hot Right Now (2 July 2016) www.2ser.com/component/k2/item/23488-sydneyfringe-festival FBi Radio: Interview with Kerri Glasscock to talk through program Thursday 4 August at 11am Bondi Beach Radio: Attendance at launch of Off Broadway for Street Arts segment and interviews with Maeve from Lady Sings It Better, Zahn Pithers, Damien Wright Radio 2SER: Discussion with Bravo Child and his participation in Sydney Fringe www.2ser.com/component/k2/item/25179-theshowdown Broadsheet: Jane Albert interview with Kerri Glasscock accompanied by a photo gallery www.broadsheet.com.au/sydney/entertainment/ article/why-fringe-festival-crucial-sydney Concrete Playground: Article on launch of program with focus on new creative precinct Off Broadway www.concreteplayground.com/sydney/artsentertainment/culture/sydney-fringe-festivalannounces-new-parramatta-road-creative-precinct/ Time Out: Article focusing on new creative precinct Off Broadway www.timeout.com/sydney/blog/sydney-fringe-isturning-parramatta-rd-into-a-cultural- precinct-062816 BresicWhitney Blog: Interviews with Kerri Glasscock, Bravo Child and Dean Heglund for feature on revival of Parramatta Road with Off Broadway creative precinct www.blog.bresicwhitney.com.au/part-two-parramattaroad/

22

Sydney Arts Guide: Feature on ‘Red Cross’ at the Off Broadway Festival Hub www.sydneyartsguide.com.au/sam-shepards-redcross/ Time Out: event page for Off Broadway Festival Hub www.timeout.com/sydney/things-to-do/sydney-fringeoff-broadway-festival-hub Time Out: Illustrated listing for Stencil Art Prize www.timeout.com/sydney/art/stencil-art-prize Time Out: Illustrated event listing for Off Broadway precinct launch www.timeout.com/sydney/things-to-do/off-broadwayprecinct-launch Time Out: Illustrated listing for Grounded www.timeout.com/sydney/theatre/grounded Scenestr: Interview with Elana Stone regarding the Off Broadway launch www.scenestr.com.au/music/elana-stone-goes-offbroadway-at-sydney-fringe-festival Scenestr: Interview with Kerri Glasscock www.scenestr.com.au/arts/sydney-fringe-more-thanjust-a-festival Culture Concept: Review of Red Cross www.thecultureconcept.com/red-cross-sydney-fringefestival-rose-nilands-review

OFF BROADWAY REPORT 2016

23

24

OFF BROADWAY REPORT 2016

25

OFF BROADWAY FESTIVAL HUB 74 Pyrmont Bridge Road, Annandale A partnership was formed with local property owners The Lopezcorp who provided the premises to the Sydney Fringe Festival for use as a temporary festival hub. This was a mutually beneficial partnership in that the Lopez family wanted to investigate the possibility of creating a more permanent creative space on the site which had previously been a retail warehouse. The activation provided the possibility to build a case study of creative use for any future applications. The project also introduced the space to a diverse audience of public and art makers/creatives.

The intention was to use the premises as a gallery space that would host artist talks and workshops, to house a festival bar and to create a temporary performance space for theatrical and creative works programmed as part of the festival.

The Sydney Fringe worked closely with an independent planner from Gibbon Hamor and Associates who lodged the Complying Development Consent Application to repurpose the space into a temporary creative hub based on the Plan of Management drafted by the Sydney Fringe Festival. (Attached as Appendix 4) Once approval was given the SFF lodged an application with ILGR to use it’s Multi Function Liquor License at the premises to accommodate a temporary festival bar.

During the festival period the hub hosted: • The Stencil Art Prize • Nine theatrical seasons by independent emerging artists and companies • Three artist talks • A panel discussion on opening creative spaces • An immersive art installation • A sight specific dance performance (Full program details found in Appendix 5) • The Hub featured 10 events across 35 individual sessions • 8 of the 10 events were Theatre, the genre requiring ‘seasons’ rather than one-off performances, and therefore more difficult to find venues for • 700 patrons attended events at the Off Broadway Festival Hub with an additional 1200 attending the Stencil Art Prize exhibition.

26

The Festival Hub achieved an average capacity of 50%. This is a great result as independent artists are advised to budget on 30% capacity. It’s also a great outcome as the events programmed at Off Broadway were by emerging artists and young companies without established audiences and networks.

• No event programmed at the Off Broadway Hub made a loss on their production, a terrific outcome for independent artists.

Two special site specific events TOHU Dance and sARTorial fashion live installation were both events that required an immersive sitespecific space. Without the Off Broadway Festival Hub, these two events would not have been able to be programmed in the festival. Both groups specifically developed their events to suit the space. TOHU achieved a capacity of 89% and sARTorial achieved an 100% capacity, further highlighting audience interest in site-specific and immersive work

Testimonials Dino Dimitriadis Festival Producer SYDNEY FRINGE FESTIVAL “Artists in Sydney are dynamic and inventive. They don’t require complex infrastructure and they don’t require long activation times. In my three years working on the festival, I’ve seen a big increase in the number of artists keen to embrace pop up performance spaces. Not only are these spaces generally more affordable to artists working with small production budgets, but they also offer the opportunity to create a dialogue between content and space. Pop up and immersive work has proven to attract high audience attendance.

The Sydney Fringe is an open-access festival and we endeavour to find venues for all the artists presenting work. Each year we face significant challenges in housing the festival program across the limited performance spaces in Sydney. There is a particular absence of smaller performance spaces with 30–50 seat capacities. These spaces are needed to program our performance genres, especially Theatre, which after Comedy is the largest and fastest growing genre in our festival. These spaces are also needed for artists specifically interested in creating site-specific and immersive work that doesn’t exist in a traditional blackbox theatre.

Increasing the availability of unused commercial and industrial space for temporary performance would

substantially assist the Sydney Fringe to find homes for the festival program, would enable us to grow and sustain the festival’s artistic program and would provide affordable and accessible space for artists to create work. The high number of submissions to the Sydney Fringe each year is directly correlated to the fact that artists struggle to find venues for their work at other times of the year. The Fringe’s guarantee of working with artists to find a space makes the Festival’s work invaluable to the artistic vibrancy of Sydney, a vibrancy that can only be sustained if local government continues to work with arts organisations to provide access to unused spaces and to assist with the regulatory challenges surrounding the activation of these spaces” Jacinta Finton Director STENCIL ART PRIZE “The Stencil Art Prize, began eight years ago in Newtown with a start-up grant from Marrickville Council, and is the largest event of its kind in the world. This year’s Stencil Art Prize featured 84 leading artists from 21 countries, exhibiting for free at the Off Broadway Hub from the 5–25 September. The winner was announced on Sunday 11 September to a packed room with Guatemalan artist ‘Tinku’ taking out the $5000 cash prize.

A conservative estimate of 1200 visitors attended this year’s exhibition which was open daily from Weds – Sunday from 11am–6pm. In addition to these visitors, a substantial number of theatre audiences would have viewed the artworks whilst waiting pre-theatre. We also ran four free artist guided tours of the Stencil Art Prize led by our finalists Tiera Boo and ‘Camo’ for the community and local schools.

This year’s exhibition has been a tremendously successful one, with a total of 20 artworks having sold to date. This breaks down as 6 pre-exhibition sales, 13 exhibition sales and 1 post exhibition sale. We expect additional sales during the Adelaide Fringe Festival where the show will exhibit at Flinder’s University City Gallery.

During the exhibition, Jacinta Fintan the Stencil Art Prize Director received much positive feedback and many eager questions about the Off Broadway Hub venue. The partnership with Lopezcorp was fantastic, we were supported in every way possible and Bob Lopez even went out of his way to make a storage space available offsite for our truckload of artwork boxes and bubble wrap. Local residents and visitors to the space made such positive comments about the exciting synergy of having a cultural space and a craft brewery located in the neighbourhood.

OFF BROADWAY REPORT 2016

The venue itself was one of the best we have exhibited in as far as having a shopfront access and visual access from the street for the large number of people and traffic passing by. The facilities such as lighting, layout and bathrooms were excellent. Dino and Ben (and the whole team) from Sydney Fringe Festival were incredible. Any issues arising in the shared space were dealt with quickly and easily. Considering that there were dozens of different groups using the same physical space for very different creative events over the course of a three week period, there were barely any hiccups to speak of. The coordination of events and the venue itself at the Off Broadway Hub was run to the professional standards of much larger festivals that Jacinta Fintan the Stencil Art Prize Director has been associated with for different projects.

Eight years into the Stencil Art Prize, we finally feel like we have found our home in Sydney with the Sydney Fringe Festival. The Sydney Fringe Festival has given our artists a larger spotlight, new audiences and give our Prize much needed context in a big city like Sydney. To stand with so many other creative enterprises in the Sydney Fringe Festival has given us renewed motivation to roll out the Stencil Art Prize for another year. We were struggling to find a venue in 2016 when Sydney Fringe Festival came to the rescue.”

Omer and Sharon Backley Astrachan TOHU “We are independent choreographers based in Sydney.

Last September we premiered our works TOHU and Valley at the Off-Broadway pop-up theatre as part of 2016’s Sydney Fringe Festival.

The best thing about having the opportunity to perform in this magical gallery/theater space was the intimate atmosphere it created. We received a lot of very positive feedback on the space and how it complimented our work. It took Dino Dimitriadis and us quite a bit of time to find an alternative space that can host our dance works as we are working without any budget or financial support.

The Off-Broadway Hub was an affordable beautiful space that in my opinion is the better way to enjoy art and dance. We support the independent arts in Sydney and hope that this sort of happenings will happen more and more in the future.”

27

LAUNCH EVENT Held on the 11th September the official Off Broadway Precinct Launch was produced by the Sydney Fringe Festival in partnership with Wayward Brewing Co. Permission was granted to closed Gehrig Lane to traffic, the application was lodged with the assistance of Council basing the SFF application on past street closures of the lane. (Traffic Management Plan attached Appendix 6). Food and beverage stalls were set up along the lane using local providers including Wayward Brewing Co and Chrissy’s Cuts.

SFF Ambassador Elana Stone curated the entertainment which featured two local bands The Green Mohair Suits and Cope Street Parade. The Stencil Art Prize which featured 84 stencil artists from 21 countries also announced their winning work at the launch.

Sydney Fringe Festival Director Kerri Glasscock, former Leichhardt Council Mayor Darcy Byrne and Live Music Office Policy Director John Wardle presented the official speeches, following a welcome to country given by Donna Ingram. Valued guests included the local community of residents, business owners, festival artists, past Councilors, current Council staff, Sydney Fringe Festival Board and stakeholders with over 450 people attending throughout the afternoon.

In his address, Live Music Office Policy Director John Wardle spoke to the contenxt of the precinct, as a key action now delivered from the 2014 Final Report of the Leichhardt and Marrickville Off Broadway Live Music Reference Group and to the need for the NSW Government to collaborate with the arts and cultural sector on better and simpler regulation - including the creation of a small arts venue classification in the National Construction Code as well as specific provisions for exempt and complying development (Exempt and Complying SEPP)

28

Testimonial Testimonial from Lopezcorp landowners of the Off Broadway Festival Hub 2016 This report well describes the purpose, hosting activities, participations and appreciative testimonials for teh Off Broadway Festival Hub in full and proper detail. This report is an excellent portrayal of the 2016 project and its successful outcomes. If possible or within our means we will fully support the endeavour into the future and without prejudice.

The recent achievements by the Sydney Frineg Fsetival were excellent and we can personally vouch for the successful outcomes for the art gallery and performing arts theatrette activities. We can also report an excellent response from teh general public and interested creative entities.

Of special interest is the participation of young companies and emerging artists. It was very inspiring to see their amazing work and we are very peased to know all events were sustainable and beneficial for the artists. In our opinion, Sydney Fringe certainly promoted and presented a great selection of crediv=ble, new performing artists and talented local acts.

Lopezcorp provided the Off Broadway Festival Hub premises and services, that made it easy for low-budget artists to perform freely and creatively in a theatre that required no cost or difficulty to undertake simple performance. We highlight that there are many local artists with small and upstart acts that cannot cover the cost of venue hire. Simply there is a shortage of suitable p[erformance venues for our artists.

We wish to highlight the benefits of using properties zoned ‘industrial’ like the one we provided for the promotion of music and the performing arts. The ability to use such buildings for entertainment based businesses would be very helpful for pop-up activations and it would be very advantageous for more permanent venue proposals.

The implementation of sophisticated performance staging services certasinly transforms and elevates the preconceived and basic concept of music and performing arts to a proper industrial activity.

This has been a very important program and the real test of its success will be if our current leaders and government departments are truly committed to a continuation of a program that is essential for servicing the creative arts industries. We now have a limited supply of existing venues that basically service professional agents promoting well established acts. With little scope for young companies and emerging artists to develop their careers and businesses.

Lopezcorp would be very interested to see the 2017 Sydney Fringe Festival return to the Off Broadway Hub at 7476 Parramatta Road Camperdown, as part of a legitimate permanant art, live music and performaing arts venue withing the Parramatta Road Off Broadway Live Music Precinct.

We urge the Inner West Council to continue working with teh Sydney Fringe Festival, Council departments, other arts organisations and State Government agencies to assist with proper solutions to regulatory challenges surrounding the activation of suitable spaces for the creative industries and especially support teh Off Broadway Festival Hub to continue.

OFF BROADWAY REPORT 2016

29

WAYFINDING In addition to the marketing and PR campaign the SFF worked with council to identify a number of simple wayfinding tools that could be rolled out during the precinct launch.

Large scale window decals for the Festival Hub. These were printed and installed at 74 Pyrmont Bridge Rd.

P R E C INC T

S Y D N E Y

C R E AT I V I T Y

L I V E S

sydneyfringe.com

30

H E R E

F R I N G E

F E S T I VA L

5–25 September

H U B

Off Broadway Neon Window Signs A partnership was formed with Neon Poodle to create an Off Broadway neon sign to place in shop windows in the precinct. This was an affordable and interesting way to provide additional lighting at night and to add an additional layer of branding to the street.

Nine neon signs were created and distributed to existing and new businesses to place in their windows.

The following businesses received a Neon Sign to install: • • • • • • • • •

Bald Faced Stag 74 Pyrmont Bridge Rd Bobbin and Ink Skate Shop Blackwire Records The Sydney Guitar Shop French Cooking School Los Cormonas Flamenco School Tetch Gallery

Street Numbering One of the biggest issues regarding the wayfinding of the precinct is that very few businesses have street level numbering, making navigating the precinct very difficult. As we were introducing a large number of new people to the area it was important that once there they could find the venue/business they were looking for. A street artist CAMO was employed to create a stencil number system that could easily be installed on the doors or windows of the businesses.

This free of charge service was advertised in a letterbox drop to all existing businesses in the precinct.

The artist went out on three different sessions and installed numbering at: • Los Carmonas Flamenco School 248 Parramatta Road • 216 Parramatta Road • Tetch Gallery 245 Parramatta Road Annandale NSW 2038 • Paris International Cooking School 216 Parramatta Road • Slap Weh Skate Co 160 Parramatta Road, Stanmore NSW 2048 • Sydney Guitar Setups 25/27 Parramatta Road, Annandale NSW 2038 • Blackwire Records 219 Parramatta Road, Annandale NSW 2038 • 135–137 Parramatta Road

OFF BROADWAY REPORT 2016

31

32

Now that the stencils are created it would be worth revisiting the precinct to see if more could be installed.

All owners who made contact were very keen to take up the offer. Now that Council has an ongoing relationship with the businesses in the precinct it would be quite easy to get the majority of shops numbered and would make a huge difference. Due to project time frames and difficulty contacting shop owners we were not able to install as many businesses as we would have liked, but we believe that this could be easily continued.

Footpath decals It was decided to install temporary round pink dot decals on the footpath of the precinct to use as a navigation devise. The SFF contracted a third party provider (ABW Display) who had worked with the SFF on numerous occasions in past years, to manufacture and install 4 dots per block between Catherine Street and Pyrmont Bridge Rd on both sides of Parramatta Rd. With additional dots placed on Australia St and Mallett St Camperdown to connect the Camperdown Park Activations to the precinct. SFF had continued problems with the decal supplier on this job. Initially too few dots were installed and they were not installed as per the plan provided to the company. After they were installed the quality was well below par so it was decided by SFF to remove them, this meant that unfortunately they were only installed for two weeks so the impact and value is unmeasurable. SFF is currently seeking resolution regarding payment of this job from the supplier.

A device like the decals could still be effective should Council wish to proceed with a different provider, as it would offer an affordable visual tool for visitors, clearly outlining the initial precinct area.

OFF BROADWAY REPORT 2016

33

ENGAGEMENT WITH LOCAL BUSINESS FOR ADDITIONAL PROJECT FUNDING During the initial stages of the project the SFF met with a number of key local businesses in the area to seek additional funding and sponsorship for the project. Of the many businesses that the SFF reached out to the key businesses that participated in conversations for additional funding were: • • • • • • •

The Annandale Hotel The Empire Hotel The Bald Faced Stag Wayward Brewing Co Storage King Oooh Media PJ Galaghers

Unfortunately all of these businesses declined to financially support the project or the launch event although there was broad recognition of the benefits of the project. It is a recommendation of this report that the formation of an Off Broadway Chamber of Commerce type organisation would be of benefit to coordinate local businesses in the economic and cultural development of the precinct and future opportunities.

Feedback from a number of the business’ representatives identified that it was very difficult to engage with their neighbours, or initiate joint activity.

With the launch of the Off Broadway Precinct and its success now evident, there is now enough momentum to encourage these major stakeholders to unite and contribute financially to joint initiatives.

34

Despite the lack of financial support from existing businesses in the precinct, the SFF was able to engage a number of financial partners for the project this including: 1. Camperdown Commons for the activity in Camperdown Park.

2. Neon Poodle reduced cost for neon signs. This is now an ongoing partnership for the precinct.

3. Gibbon Hamor and Associates provided consideration with regards to fees for town planning consulting.

4. Lopezcorp waved venue hire and provided additional support through undertaking capital works.

ENGAGEMENT WITH LOCAL BUSINESS FOR FESTIVAL ACTIVATION A number of existing creative businesses were approached with the opportunity to partner with the SFF to program and promote additional activity in their businesses during the festival period. Successful partnerships were formed with: • • • •

Additional temporary pop-up performances were programmed in Wayward Brewing Co, Camperdown Commons and Tetch Gallery. With The Bald Faced Stag programming additional activity during the festival period. (Full program of these events in Appendix 7)

Tetch Gallery Wayward Brewing Co Camperdown Commons The Bald Faced Stag

PROJECT BUDGET OFF BROADWAY BUDGET

BUDGET ($)

ACTUAL ($)

ADMINISTRATION & MANAGEMENT

10,000

10,000

PARRAMATTA RD LIGHTING

5,000

5,500

GEHRIG LANE LAUNCH

5,000

4,300

MARKETING

8,000

6,960

PARRAMATTA RD ARTIST FEES

1,700

1,200

PARRAMATTA RD VENUE HIRE

800

800

PR

1,500

1,500

INSURANCE

900

1,000

CONSULTANCY FEES

4,000

4,000

WEBSITE

1,000

660

0

2,000

CONTINGENCY

1,520

1,500

CDC LODGEMENT FEE

580

580

40,000

40,000

BRANDING DESIGN

TOTAL

ADDITONAL SPEND ON WAYFINDING

TOTAL

OFF BROADWAY REPORT 2016

$2,500

WINDOW DECALS

$2,000

FOOTPATH DECALS

$1,500

INSTALLATION

TBC

$6,000

35

PLACING NEW TENANTS IN THE PRECINCT A core KPI of this project was to place new creative tenants into the precinct. The following section of this report outlines the process taken and problems encountered.

SFF reached out through its networks and community to call for expressions of interest from groups and individuals who where seeking affordable space, or had been looking to open their own spaces. Of the 40 plus responses of interest 28 companies/individuals were carried forward to further conversations. These were companies that were deemed financially viable, who were fully understanding of the responsibilities and risks associated with opening space and becoming leaseholders, and companies or groups that were ready to move forward immediately.

A full analysis of the building stock in the precinct was undertaken building on the matrix previously compiled

by Council. This matrix identified existing businesses in the precinct and the available space. (Appendix 1).

It was decided to focus on the two blocks between Johnson and Nelson Streets Annandale. This provided an opportune starting point for new tenants as the strip had the highest density of vacant properties, allowing SFF to shape the landscape of the strip, giving new tenants the ability to have like-minded businesses as neighbours, create a sense of community and work together to promote their precinct. Feedback from RENEW LEICHHARDT participants and some potential tenants had been that there was a reluctance to ‘go it alone’ on Parramatta Rd and that most businesses would be more inclined to consider the location if they knew there would be other creative tenancies near-by.

The two block area selected is importantly bookended by two hotels – The Empire Hotel and The Annandale, providing hospitality offerings, and an existing program of events and community of patrons to the strip.

The vacant properties that SFF focused on filling were: • 101 Parramatta Road • 93 Parramatta Road • 7–83 Parramatta Road • 74 Pyrmont Bridge Road With additional properties options available at: • 209 Parramatta Road • 462 Parramatta Road • 178 Parramatta Road • 78 Parramatta Road Once the area and properties were identified SFF sourced all relevant documentation on the vacant properties so potential tenants could know the existing uses and history of each site. Because of the nature of the properties and the timeframe it was decided that

36

the best way forward was, where possible, to place new tenants who could work within existing uses in the predominantly Class 6 retail buildings. This excluded primary purpose entertainment, small bars or any businesses requiring the submission of a full DA. Of the 28 interested groups 13 had needs that were suitable to the building stock available in the designated area these included: Mark Rodgers and Harriet Gilies Intended use as a theatre development space with ability to have ancillary showings, plus room for creative offices and possible gallery.

Chrissys Cuts Gourmet independent sausage manufacturer. Wanting a space to manufacture but also sell retail in a possible bar environment, with live music performance capabilities in the future.

Culture Scouts Street art walking tour company. Needing office space to run tours to the Inner West from.

Art Pharmacy Online art gallery needing offices and temporary exhibition space.

Nine Fold Ensemble Actor training classes and rehearsal space.

Sally Flegg Photography Commercial photography studio.

Adam Mada Magic making workshop for set and trick building and storage.

Patrick Bolan Photography A dark room for hire, workshop facilities for teaching, gallery space and also production of an independent magazine.

Yoke Magazine Independent publication seeking office/production house but wanting to create a community space that would also house its partners in yoga, wholefoods and holistic workshops.

Laura Turner/Cloe Fournier Digital artist studio, editing suite for film and small gallery space to exhibit.

Pop-up Illustrators Drawing workshops and exhibitions

Jet Pack Theatre Co Theatre development and performance space, small audience numbers, interactive performances.

Dean Haglund/Improv Australia A comedy production lab/performance studio with possible bar.

OFF BROADWAY REPORT 2016

37

REAL ESTATE AGENTS AND LANDLORDS On the 11th April 2016 the former Mayor of Leichhardt Darcy Byrne hosted a luncheon with local real estate agents. SFF Festival Director/CEO Kerri Glasscock presented the concept of the Off Broadway project, introduced the Sydney Fringe Festival and made contact with a number of agents.

After this initial contact was made SFF met with local agents, viewed appropriate properties and remained in constant contact for property updates throughout the course of the project.

Feedback from potential tenants was that the risk associated with long term commercial leases was too great for the majority of organisations/groups coming into the area. While all parties could afford the weekly rent, they needed a trial period where they could road test their business model in the precinct without being tied to an expensive financial commitment of a traditional commercial lease term should the vision for the precinct not succeed. From this, SFF negotiated with the agents of the chosen sites that new tenants could have a rolling six-month lease.

This allowed for landlords to receive their full rental asking price but ensured creatives were able to have some flexibility in the initial length of their lease.

Despite best intentions, an immense amount of ground work and a number of supportive agents, key issues arose that were detrimental to the success of placing new permanent tenants: 1. As SFF was bringing a number of interested parties through singular properties the agents would use the level of interest as justification to increase the lease cost. On a number of occasions this resulted in future tenants who were ready to sign unable to commit beyond their means and forced them to withdraw after an agreement on cost had previously been put in place. This, in every instance, resulted in neither party signing the lease and the properties remaining vacant after many weeks of negotiation.

2. On a number of instances SFF successfully negotiated initial six month terms, this allowed the creatives to take on the risk coming to the new precinct, and ensured they were not under financial duress should the business/precinct not succeed. Despite landlords agreeing to these terms, one agent then insisted on 3 months bond and 2 months in advance, which effectively had the tenant (who was ready to sign) paying 5 months rent upfront on a 6 month lease, which would have resulted in a $20,000 investment, tying up all capital cash flow and reserves.

38

3. On a number of occasions, despite a commitment from agents for the vision of the precinct, properties were leased to businesses that had no public facing spects, even when SFF provided viable tenant options from the creative community.

For future inititatives it is essentail that the project build and nurture as many direct relationships as possible with land owners. Communications with agents during this project could be in certain instances perceived as detrimental to placing tenants into empty premises, and not conducive to a collaborative approach to regenerate the area for the long term.

OTHER ISSUES Ancillary use As SFF was working to place creatives under exempt and comply due to the short lead time of the project, and potential tenants lack of start-up capital, most creatives needed to have the ability to have some elements of performance or activity usually associated with a NCC 9B Assembly Building in the available class 6 buildings. The abolishment of the Place of Public Entertainment consent in NSW has enabled businesses to have ancillary entertainment activity as part or their operations, however there remains a lack of guidelines or parameters currently to give business operators an understanding of what is and isn’t permissible under ‘ancillary’.

Even though the 2016 events have finished, SFF continues to work with the local community to place a number of tenants. The database of possible creative businesses is now growing significantly post festival, particularly those interested in leasing the Festival Hub site or a space of similar nature for creative use.

It is recommended that Council create a series of information sheets to assist creative industry in setting up permanent and temporary space.

It is also recommended that Council lobby the NSW State Government on their committment to: Identify reforms to the planning regulations- through changes to Exempt and Complying Development and the Building Code of Australia (BCA) as sited in the December 2016 response to the 25 point Night Time Economy Plan- Night Time Economy Roundtavle Actions- NSW Government Response (see Appendix 9). An ammedment to this would render the issue around ancillary use null and void as creatives could easily open low risk entertainment venues under Exempt and Complying Development as is now the case in South Australia (see Appendix 10).

Testimonial Mark Rogers Creative business seeking tenancy.

“I initially approached Kerri as someone interested in opening up and running my own performance venue in the Inner West. I have a background in making performance in pop-up and found spaces and had just finished a season of 5 works at a Marrickville share house, which we ran as a by-donation entry for friends and colleagues. After the success of this project I was interested in going to the “next level” and running my own venue. Once my artistic partner Harriet Gillies, Kerri and I had discussed our goals and what we would need from a space, we began looking for available real-estate.

OFF BROADWAY REPORT 2016

Kerri would shoot through options and if they suited us we would arrange a time to see them in person.

The first space we saw was perfect, 93 Parramatta Road. It was a two level shopfront with a front and back room, upstairs toilets, laundry and kitchen, plus another office space. For us, although it would have been a lot of work, this was perfect for our goal of a performance and rehearsal venue/gallery. We indicated to Kerri that we’d be interested in talking to the real estate and locking it down. We contacted our group to line up funds etc. This venue, to our understanding, was to be $570 a week, and was zoned for Commercial Use, plus approved for a takeaway shop/pizzeria/coffee lounge.

Our initial discussion with the Real Estate (through Kerri) were very positive, we would only have to pay one month’s bond, and receive a month rent free for taking it up on short notice etc etc. We were ecstatic.

Then it seemed like the sympathetic ear at the Real Estate disappeared. The person handling the property changed and suddenly we were hearing that there were other interested parties. The rent shot up to $730 a week with a 3 year lease, WAY out of our means.

And finally we heard that the space had been leased to Blackwire records, we began looking for other options.

Which were mostly wrong for us. This is not a problem of Kerri and the Fringe’s but rather that the market was limited. Each new space we looked at was either too expensive, or seriously run-down. In each case, our dealings with the Real Estate were difficult. At one site-meet, the Real Estate called in an electrician while we were there inspecting the property, and pressured us to say what kind of electrical rigging we’d need. The electrician then gave us an on the spot quote of over $7000, all before we’d even said we were interested in the space! The Real Estate agent in this instance, once we’d expressed how ludicrous the costing was and how unsuitable the space was for our needs, huffily advised us to get together some investors and come back with $50 grand if we were serious about getting a space. We encountered this kind of dismissive attitude quite a lot from the Real Estate when we were looking for spaces. To us, there seems to be a lack of understanding about the mutual benefits of shortterm artistic use leases, and a difficult to navigate and frustrating process of locking a venue down.

Our other concern during this process was always how we were going to negotiate the legality of our venture.

We wanted to put of performances. That is the core idea behind getting a venue for us. Sydney is bereft of venues for experimental performance and we wanted a place we could rectify that. But, given the laws regarding ancillary use, we were always a bit suspect about how we were going to achieve that goal. Kerri once remarked to me that it can be easier to open up a bar than it is to open up a space for live performance.

39

Which seems ridiculous given the types of behavior I’ve witnessed in bars, compared to the idea of a crowd of people sitting in the dark watching the theatre. Our way around this problem was to be running the venue as a rehearsal/workshop space, and program the performances we wanted to show for donation entry.

But this isn’t a real sustainable model for a theatre. You need consistency of programming, you need to build a space that’s useable, and you need to try and pay your artists. This is not possible given the current difficulty with acquiring an approval for live performance. It forces people to do it under the radar, as we have done in the past, and this ultimately hurts the cause, as it sours relationships between real estate, the council and artists and also confuses audiences. But, for us in the theatre industry, the show has to go on.

In the end we were unable to find a space for our work during this years’ “Off-Broadway” but not for lack of the Fringe trying. We have been consistently impressed with the passion, knowledge and commitment of the Sydney Fringe and Kerri throughout this process. They really are out there fighting for artists to have the best conditions to make their work and make it sustainable. They were encouraging, supportive and understanding through a process that was sometimes utterly maddening.

I am looking forward to the continuation of the Off Broadway program and I’ll certainly be continuing my search for a venue next year.“

40

NEW BUSINESS IN THE PRECINCT Despite new tenants not yet brokered directly by the SFF a number of new creative tenancies from the SFF’s broader networks have successfully taken place during the project period including: • 101 Parramatta Rd – Velvet Rope • The Happenstore • Skate shop Also recently opened in the precinct are the below creative businesses. SFF believes that the publicity generated in the initial stages of the project, and the many conversations with local creatives by SFF and Renew Leichhardt have contributed to this increase.

• • • •

Space 49c Red Ant Media Pop-up Picnic Photography Studio – 93 Parramatta Road

In summary Six of the original thirteen potential creative tenants sourced by SFF are still looking at possible space to lease in the precinct, with the other seven having found space in other suburbs.

OFF BROADWAY REPORT 2016

41

SECURING SPACE FOR LOW RISK ENTERPRISE It is a recommendation of this report that council explore other options to assist new start-up tenancies to move into the area. Potential tenants who also have the capacity and capital to complete the regulatory hurdles and establish a primary purpose bar or entertainment venue will invariably move into the area on their own steam after the precinct has gained momentum.

sustainable working models that in turn provides the opportunity to develop a long term business operation and empower them to have space that is independent and safeguarded from a changing local and state government climate.

To ensure that the seeds are sown, and enough creatives are able to move into the area in the initial stages of the project, alternative support should be considered. A viable option would be to provide a supported model where Council secures the leaseholds and then either:

The Inner West Council currently boasts the highest population of creative practitioners living and working in the LGA than any other city area. Throughout the course of this project however we have seen an increased number of creatives moving or considering to move their business out of the LGA to council areas that are proactively providing subsidised space programs, such as the City of Sydney and Parramatta City Council.

1. Works with a partner third party organisation such as SFF, Creative Spaces or BRANDX to manage the creative tenants.

This report recommends that the Inner West Council consider leasing three shopfronts in the designated precinct area for a 12-month pilot project.

2. Operates the spaces under an accommodation grant type program but importantly not as cost free space.

Proposed pilot

The single largest hurdle SFF faced during this project in placing new creative tenants was the reluctance or inability of creatives to take the financial burden/risk of a long term lease. This was solved in some instances with a negotiated shorter lease term but inevitably the huge upfront costs associated with compliance and regulation were still prohibitively expensive.

1. Secure three shopfronts in the precinct for a 12-month lease to run as a pilot project. The leasehold of three properties at current market value could be achieved for an annual rental commitment of around $70,000. The below properties are cited as examples: • 121 Parramatta Road, 110 m2 $31,200 per annum • 174 Parramatta Road, 80m2 $19,900 per annum

If Council were able to work with local land owners to secure long-term leases where Council provided the upfront costs of bond and compliance upgrades, placing creative tenants in a sublet situation would be much easier, and would enable the precinct to attract a vibrant community of creatives, who could establish their enterprises without huge capital investment. It would offer an entry point into the market,ensuring creative businesses a safe and secure platform from which to grow sustainable businesses.

This would provide a new program of support without having to increase cultural grant expenditure or provide completely subsidised or free space that then dilutes the economic footprint of the area.

It is important to note that while free or heavily subsidised space provides benefits to the direct recipient, it is often at the cost of neighbouring and existing creative businesses. SFF has received feedback from multiple business proprietors who have stated that council subsidised space undermines their business. It adds to a culture where artists expect free space at the cost of the existing businesses who provide space year-round for a fee. Any investment in space for creative use should encourage artists to build

42

• 282 Parramatta Road, 136 m2 $20,020 per annum

2. Establish a working committee/advisory council of independent planners, Council planning staff and industry stakeholder representatives to use combined expertise to navigate any issues.

Members might include neighbouring council representatives such as COS, Local Area Command Police, Live Music Office, SFF, local land owners, Amplified Live Music Program representative.

3. Convene a roundtable within the Inner West Council of the heads of planning and associated regulatory departments to ensure that each property is brought up to code with sufficient plans of management, and all necessary approvals in place.

4. Council would cover the associated cost of compliance per site.

• BCA Consultancy Fee $220 • Inspection fee for Council Acting as • PCA $312.1 Mandatory Inspection $312.1 • Issue of CC or CDC $572 • Registration Fee $36 • Estimate for other BCA and AS expert consultants $312 • Planning notification $535 • Other professional advice and consultancy $220

5. Tenants coming into the spaces would be required to meet set KPIs that would then enable sufficient data collection for reporting on the project.

Such KPIs may include: • Predetermined number of events per month to ensure a vibrant level of activity in the area.

• Reporting on tenants spend in the local area, to determine the economic impact • Detailed analysis of audience/customer data

Pilot budget The below budget is an estimation of the hard costs of securing the properties only. It does not take into account how the pilot would be managed, staff costs for internal staff management or contractor fees for a third party manager.

The estimated income is based on the properties being subleased at market value for nine of the twelve months. Allowing for establishment and set up time, with possible dark weeks between short-term tenancies.

Council would also be providing the bond deposits for each property so provision for that money held in trust would be necessary.

MINIMUM TOTAL OF LODGING FOR BUILDING APPROVAL PER SITE: $2519.20 EXPENSES

$ PROPERTY LEASES

3 X PROPERTIES 12 X MONTHS EACH

70,000

COMPLIANCE FEES

X 3 SITES

7,800

MARKETING

5,000 82,800

TOTAL INCOME COUNCIL CONTRIBUTION

OFF BROADWAY REPORT 2016

TENANCY RENT

BASED ON 9 MONTHS OCCUPATION

52,500 30,300

43

CASE STUDIES The following case studies provide information references for access to space for artists and incubator frameworks as well as better and simpler regulation and methodology to identify land use to reduce conflict with mixed use. There are two notable existing projects that provide viable alternatives to council lead subsidised space programs provided here as case studies.

Case Study #1

River Studios Melbourne Cnr Dynon Rd and Sims St West Melbourne Victoria www.creativespaces.net.au/case-studies/river-studios A partnership between the building owner, City of Melbourne and Arts Victoria. The conception and initiation of River Studios provided a new model of development for the City of Melbourne, leasing the building from the private sector to provide affordable workspace for artists. A relationship was established between the three partners with each party contributing $100,000 towards the building refurbishment after which Creative Spaces was contracted to manage the building and tenancies.

It could be possible to replicate this model on a much smaller scale and less capital investment in the Off Broadway Precinct. If council were able to secure the leaseholds and contribute to the associated costs of compliance to bring the buildings up to code for creative use, it would provide a terrific platform for new creative businesses to enter the area. It would also enable Council to set KPIs for the incoming businesses ensuring that an acceptable level of vibrant activity was happening in the area, and that data was captured for future assessment.

Case Study #2

City of Amsterdam Creative Incubator Policy (See Appendix 8 for full project outline) The project started in 2000 with a commitment to secure space from the private sector for creative use.

Between 2000-2015 170,000 m2 has been secured that now houses thousands of studios, office, project and exhibition spaces, stores, studio dwellings, bars and restaurants.

Creative Incubators are multi-tenant buildings which form the basis for up-coming artistic talent looking for space to establish themselves in Amsterdam. From here they are able to kick-start their careers as genuine artists or creative entrepreneurs.

Amsterdam Council believes that the new influx of talent is essential for the vitality of the creative city of Amsterdam but were looking for a solution to the following problem: How do creatives, looking for suitable space with only modest funds, find an affordable space?

Accommodation either to rent or buy is often priced above their budget and results in creatives leaving the city. The solution of the Creative Incubator works in two ways. Creatives with little money are introduced to a neighbourhood via the program and can rent an inexpensive space, this then provides the area with a program of creative events, exhibitions, quirky bars and restaurants, pop-up stores that then make the area attractive for existing local residents and new comers to the area.

The 170,000 m2 secured in the past 15 years is spread over approximately 60 locations. Many of these creative incubators will operate for a period of between three to twenty years. It caters to approximately 1000-1500 graduating students annually who are looking for space to establish themselves and their creative enterprise. It also satisfies the need for dance, music and theatre rehearsal space. The management of tenancies is contracted out to an outside organisation.

44

OFF BROADWAY REPORT 2016

45

Case Study #3

South Australia 90 day Change Streamlining Live Music Regulation Project Looking to the rest of Australia, there has been important work done interstate directly relevant to the regulatory challenges faced by SFF. Undertaken as a collaborative effort of South Australian Government agencies, the Adelaide City Council, the National Live Music Office, the Australian Hotels Association of South Australia, the music industry and the community, the South Australia 90 day Change Streamlining Live Music Regulation Project brought together regulatory agencies to deliver better and simpler regulation to encourage live music and performance in SA. The project found that “There is ample scope to simplify the current regulatory system whilst still ensuring that common neighbour and community concerns about noise and safety are addressed�.

The following table compares the project actions with associated provisions in the rest of Australia.

46

2016

ACT

NSW

NT

QLD

SA

TAS

VIC

WA

EXEMPT DEVELOPMENT IN PLANNING REGULATION

—

—

—

—

YES

—

—

—

REMOVE EXEMPT CONDITIONS ON DA’S

—

—

—

—

ADELAIDE

—

—

—

AGENT OF CHANGE

—

—

—

—

YES

—

YES

—

NCC ASSEMBLY BUILDING VARIATION

—

YES

—

—

YES

—

—

—

NCC SMALL VENUES DEFINITION

—

—

—

—

YES

—

—

—

REMOVE LIQUOR LICENSE ENTERTAINMENT CONDITIONS

—

—

—

—

YES

—

—

—

BYO VENUE LICENCE

—

—

—

—

RECOMMENDED

—

—

YES

NOISE STANDARD

—

—

—

—

YES

—

—

—

ACOUSTIC GRANTS

—

YES

—

—

YES

—

YES

—

NOISE MAPPING

—

YES

—

YES

YES

—

YES

—

SINGLE CONTACT POINT LIQUOR/PLANNING/ BUILDING

—

—

—

—

ADELAIDE

—

—

—

CASE MANAGEMENT FOR NEW VENUES

—

—

—

—

ADELAIDE

—

—

—

DATA/RESEARCH

LIVE MUSIC CENSUS

—

—

—

—

YES

—

YES

—

MARKETING

COLLABORATIVE MARKETING

—

—

—

YES

YES

—

YES

—

LOADING

MUSICIANS LOADING

—

—

—

—

RECOMMENDED

—

YES

—

DEVELOPMENT/ PLANNING

NATIONAL CONSTRUCTION CODE

LIQUOR

NOISE WEBSITE

BRANDING DESIGN CONTINGENCY

OFF BROADWAY REPORT 2016

47

A coordinated series of regulatory best practice was delivered by this project and adjacent work, including;

SA NCC Small Arts Venue Definition Class 6: a shop or other building for the sale of goods by retail or the supply of services direct to the public, including: a. an eating room, café, restaurant, milk or soft-drink bar; or b. a dining room, bar, shop or kiosk part of a hotel or motel; or c. a hairdresser’s or barber’s shop, public laundry, or undertaker’s establishment; or d. market or sale room, showroom, or service station; or e. a small arts venue.

Small Arts Venue means the whole or the only part of a building that has a rise in storeys of not more than two: • in which cultural activities including live music, visual art displays, dancing, poetry and spoken word performances are provided to the public; and the floor area used does not exceed 300m2; and • no pyrotechnics or theatrical smoke (smoke machines, hazers or the like) are used.

Exempt Development Amend Schedule 3(5) of the Development Regulations (Use of land and buildings) to exclude ‘low risk’ entertainment from being considered development, meaning that it will not need to be assessed.

BYO Permit BYO Arts and Cultural venues liquor licence would be to encourage start-up theare, gallery and live music presentation. a. functions held at galleries and studios where music is played and patrons are prohibited in the absence of a licence or permit to bring and consume their own liquor; b. tourism operators wishing to provide food but allowing patrons to bring their own liquor for consumption.

• •three-year period • •application fee and annual renewal fee.

• annual renewal fee of $250 per annum.

Case Management for Live Music Venues: The case studies and feedback from industry confirm that the delivery of a case management service for live music venues would be of considerable benefit in easing the regulatory burden on venues. The functions of the case management service will be to provide:

48

• access to a collaborative and coordinated process to assist in preparing applications • guidance for proponents through the regulatory system • a single accountable point of contact • assistance in navigating the planning, building assessment and liquor licensing system an efficient and integrated approach in which planning approval is consistent with operational licensing requirements.

Urban Sounds: Managing Mixed Use Precincts in Canberra Land use conflict remains a constant issue for live music venues, as they operate in established night economy areas that have no planning controls to support their business or provide certainty The common situation is little or no alignment between land use aspirations, planning controls, noise measurement, and liquor licensing, compounded by an absence of external acoustic privacy requirements for adjacent residential developments, In 2016 The ACT Government tabled the Urban Sounds Discussion paper. This initiative ‘invited the community and related industries to consider how the planning framework can cater for everyday noise from restaurants, licensed premises, music venues and one-off events in mixed-use areas. Mixed-use areas are where residences are located together with businesses, entertainment venues and services.

The discussion paper sought community input on how the ACT planning and regulatory framework can support a range of activities where there is potential for conflict between venues and residents such as events and music in mixed-use areas. The aim is to maintain a balance between the needs of different users”.

• Establish special precincts in central locations that cater for activities and events with higher noise levels • Establish entertainment only precincts/hubs that promote and facilitate events and entertainment.

• Strengthen existing development controls to increase noise attenuation requirements for residential and commercial buildings.

• Order of occupancy principles are not explicitly considered under current act legislation, however, the principles are applied through territory plan codes and the development assessment process.

• Develop a targeted compliance and enforcement framework to ensure compliance with conditions of approval relating to noise management.

• Amend noise standards within some commercial zones to enable more activities and events.

• Publish information sheets and checklists making potential buyers and commercial operators aware

•

•

• •

of the increased noise permitted in mixed-use areas.

Consider reform to require information to be provided to buyers about noise before purchase of a property.

Work with the NCA to develop standard procedures for noise management plans across all mixed-use areas, including designated areas.

Strengthen liquor licences for potentially noisy premises.

Review the territory plan to achieve a more strategic approach to locating active frontages.

In January 2017 the South Australian Government approved the following changes to Development Regulations with the introduction of the Development (low Impact Entertainment) Variation Regulations 2017

In January 2017 the South Australian Government approved the following changes to Development Regulations with the introduction of the Development (Low Impact Entertainment) Variation Regulations 2017.

Low impact entertainment (not art-form specific) is now exempt from DA approval on premises other than residential premises.

The big win here is for retail. Non liquor licensed premises.

• A music shop, school or record store wanting to host in-house performances by students or featured artists.

• A clothing retailer wanting live performance - music, dance etc for fashion shows.

• A gallery wanting live performance for a launch.

• A hairdresser hosting a play or live music.

• Book shops • Activating retail consent premises disused or in transition.

This is designed to partner with the SA NCC small arts venue and assembly building variations and associated liquor reforms already delivered from 2016.

Together these comprise a coordinated low risk better regulation package developed collaboratively with industry and the South Australian Government through SA Streamlining LIve Music Regulation Project.

See Appendix 10

OFF BROADWAY REPORT 2016

49

CONTINUED MOMENTUM Partnering with the SFF to launch the precinct has provided the area with a greatly needed injection of activity, media reach and new audiences. A large scale festival encourages local businesses to try something new, amplify their existing program and provides vital audience development and new partnerships. It is recommended that Off Broadway annually participate and forge relationships with three Sydney Festivals: • Mardi Gras February/March • Vivid June • Sydney Fringe Festival September This would provide three landmark programs per year that the Precinct could utilise to increase marketing reach, develop new audiences, trial large scale projects, strengthen partnerships and drive broader advocacy and development. These three festivals have very different audience demographics and reach different sets of creatives providing an accessible and inclusive annual program of events. Each of these festivals provide wonderful opportunities for existing businesses and creatives to participate easily.

Mardi Gras and Sydney Fringe have open access and collaborative marketing elements to their festivals which enables anyone to register events for inclusion in the festival program.

50

Council could work closely with the Festivals to partner on large scale activations in the precinct.

Vivid could provide a great opportunity to create landmark wayfinding projects such as the neon installations in Philidelphia. www.fastcoexist.com/3061547/this-beautiful-glowingmural-is-designed-to-make-an-alley-safer-at-night/3

RECOMMENDATIONS 1. Expand the official precinct boundary to include the industrial area around Pyrmont Bridge Rd, Gehrig Lane, Chester Street and surrounding laneways. (see pages 5-6) 2. Reccomendation to consider the inclusion of small bars, low risk arts and cultural facilities with live performance in any future ammendment to the LEP of LIght Industrial Zone that may arise as a result of the newly formed LGA. (see pages 6-7) 3. Design and Branding (see pages 9-15) • Employment of ongoing photographer to capture events in the precinct • Employment of ongoing writer to create copy to promote the precinct, possibly as profiles of local creatives and their businesses.

• Social media campaign for the precinct • Promotional campaign to increase awareness of the website

13. Submit this report and its findings to the NSW Government to advocate for better and simpler regulation to support arts and cultural land use.

With particular focus to identify reforms to the planning regulations- through changes to Exempt and Complying Development and the Building Code of Australia (BCA) as sited in the December 2016 response to the 25 point Night Time Economy Plan- Night Time Economy Roundtavle ActionsNSW Government Response (see Appendix 9). An ammedment to this would render the issue around ancillary use null and void as creatives could easily open low risk entertainment venues under Exempt and Complying Development as is now the case in South Australia (see pages 38-49 and Appendix 9 and 10).

4. Utilise existing public art programs and placemaking to produce work within the precinct that assists with wayfinding.

5. Creation of a designated staff member within council who has a clear understanding of the regulatory and planning frameworks but importantly an in-depth understanding of the needs of the creative sector. This role would act as the point of contact for creatives wanting to open business in the area and could assist in their navigation of the system. Estimated cost $89,571$99,420 plus 9.5% super. (see pages 36-41) 6. Creation of an ongoing series of panel discussions with Council and key industry experts, on opening creative spaces. Estimated cost of program $5,000 7. Continuation of stencil numbering for businesses in the precinct. (see pages 30-33) 8. Creation of an Off Broadway Chamber of Commerce. (see page 34) 9. Council to continue to build and nurture direct relationships with local land owners.

10. Create information sheets to assist creative industry in setting up permanent and temporary creative space. (see pages 46-49) 11. Create a 12-month pilot project that secures three leaseholds to provide subsidised space to creative start ups. (see pages 42-45) 12. Secure ongoing partnerships with Mardi Gras, Vivid and Sydney Fringe Festival. (see page 50)

OFF BROADWAY REPORT 2016

51

APPENDIX 1 Venue Database

Image

Address

381 Parrama/a Road Leichhardt, NSW, 2040

375 Parrama/a road Leichhardt, NSW, 2040

373 Parrama/a road Leichhardt, NSW, 2040

371 Parrama/a road Leichhardt, NSW, 2040

357 Parrama/a road Leichhardt, NSW, 2040

355 Parrama/a road Leichhardt, NSW, 2040

353 Parrama/a road Leichhardt, NSW, 2040 52

Leichhardt, NSW, 2040

355 Parrama/a road Leichhardt, NSW, 2040 Image

Address

381 Parrama/a Road Leichhardt, NSW, 2040 353 Parrama/a road Leichhardt, NSW, 2040

375 Parrama/a road Leichhardt, NSW, 2040 337 Parrama/a road, Leichhardt, NSW, 2040

373 Parrama/a road 327 Parrama/a road, Leichhardt, NSW, 2040 Leichhardt, NSW, 2040

325 Parrama/a road, Leichhardt, NSW, 2040 371 Parrama/a road Leichhardt, NSW, 2040

251 Parrama/a

357 Parrama/a road 297 Parrama/a road Leichhardt, NSW, 2040 Leichhardt, NSW, 2040 1/247 Parrama/a Road ANNANDALE NSW 2038 355 Parrama/a road Leichhardt, NSW, 2040

237 Parrama/a Road 353 Parrama/a road Leichhardt, NSW, 2040 OFF BROADWAY REPORT 2016

53

231 Parrama/a Road

353 Parrama/a road Leichhardt, NSW, 2040

Image

Address

337 Parrama/a road, 381 Parrama/a Road Leichhardt, NSW, 2040 Leichhardt, NSW, 2040

327 Parrama/a road, 375 Parrama/a road Leichhardt, NSW, 2040 Leichhardt, NSW, 2040

325 Parrama/a road, Leichhardt, NSW, 2040 373 Parrama/a road Leichhardt, NSW, 2040 251 Parrama/a

297 Parrama/a road Leichhardt, NSW, 2040 371 Parrama/a road Leichhardt, NSW, 2040 1/247 Parrama/a Road ANNANDALE NSW 2038

357 Parrama/a road Leichhardt, NSW, 2040 237 Parrama/a Road

355 Parrama/a road Leichhardt, NSW, 2040 231 Parrama/a Road

353 Parrama/a road Leichhardt, NSW, 2040 54

229 Parrama/a Road

Image

Address

381 Parrama/a Road 229 Parrama/a Road Leichhardt, NSW, 2040

375 Parrama/a road Leichhardt, NSW, 2040 227 Parrama/a Road

373 Parrama/a road Leichhardt, NSW, 2040 221 Parrama/a Road

211 Parrama/a Rd 371 Parrama/a road Leichhardt, NSW, 2040

357 Parrama/a road Leichhardt, NSW, 2040 209 Parrama/a Road

355 Parrama/a road Leichhardt, NSW, 2040 199 Parrama/a Road

127 Parrama/a Road 353 Parrama/a road Leichhardt, NSW, 2040 OFF BROADWAY REPORT 2016

55

199 Parrama/a Road Image

Address 127 Parrama/a Road 381 Parrama/a Road Leichhardt, NSW, 2040

375 Parrama/a road Leichhardt, NSW, 2040

125 Parrama/a Road

373 Parrama/a road Leichhardt, NSW, 2040

121 Parrama/a Road

371 Parrama/a road Leichhardt, NSW, 2040 101 Parrama/a Road

97 Parrama/a Road

357 Parrama/a road 93 Parrama/a Road Leichhardt, NSW, 2040

355 Parrama/a road Leichhardt, NSW, 2040 87 Parrama/a Road ANNANDALE NSW 2038

353 Parrama/a road Leichhardt, NSW, 2040 56

77 Parrama/a road

87 Parrama/a Road ANNANDALE NSW 2038 Image

Address

381 Parrama/a Road Leichhardt, NSW, 2040 77 Parrama/a road

375 Parrama/a road Leichhardt, NSW, 2040 75 Parrama/a road

373 Parrama/a road Leichhardt, NSW, 2040 59 Parrama/a road

371 Parrama/a road Leichhardt, NSW, 2040 39-37 Parrama/a road

357 Parrama/a road Leichhardt, NSW, 2040 27 Parrama/a road

355 Parrama/a road Leichhardt, NSW, 2040 15 Parrama/a road

353 Parrama/a road Leichhardt, NSW, 2040 OFF BROADWAY REPORT 2016

57

APPENDIX 2 Website APPENDIX 2

Certificate of Registration .au Domain Name This is to certify that offbroadwayprecinct.com.au was on 25/05/2016 registered to Newtown Entertainment Precinct 16393987277 For a period of two years, subject to the terms and conditions of the domain name licence and according to .au Domain Administration Limited's published policies from time to time.

Issued by Web Address Registration Pty Ltd. as an auDA Accredited Registrar on 25/05/2016

_____________________ Gavin Collins Authorised Signatory

Important notice: It is auDA policy that domain name registrants must notify their registrar of any changes to their contact details or other registration information. Failure to do so may result in revocation of the domain name licence.

58

Certificate of Registration .au Domain Name This is to certify that offbroadway.com.au was on 25/05/2016 registered to Newtown Entertainment Precinct 16393987277 For a period of two years, subject to the terms and conditions of the domain name licence and according to .au Domain Administration Limited's published policies from time to time.

Issued by Web Address Registration Pty Ltd. as an auDA Accredited Registrar on 25/05/2016

_____________________ Gavin Collins Authorised Signatory

Important notice: It is auDA policy that domain name registrants must notify their registrar of any changes to their contact details or other registration information. Failure to do so may result in revocation of the domain name licence.

OFF BROADWAY REPORT 2016

59

Invoice

Crazy Domains #1 for Domains & Hosting P: E: W:

1300 210 210 help@crazydomains.com www.crazydomains.com

Bill To

Payment Info

Sydney Fringe Festival Ben Pierpoint 5 Eliza St Sydney, NSW 2042

VISA #### #### #### 1054 PAID $58.45

Item

List Price

Buy Price

Date:

25 May 2016

Invoice #

30187813

Member ID #

7863917

Discount

Qty

Total Price

offbroadwayprecinct.com Domain Name Registration

$19.90

$12.49

$7.41

1

$12.49

offbroadway.com.au Domain Name Registration

$28.70

$22.98

$5.72

1

$22.98

offbroadwayprecinct.com.au Domain Name Registration

$28.70

$22.98

$5.72

1

$22.98

Term: 1 Year

Term: 2 Years

Term: 2 Years

Subtotal:

$58.45

Shipping:

$0.00

Tax:

$0.00

Total:

$58.45

All pricing is displayed and charged in Australian Dollar (AUD)

Crazy Domains is a division of Dreamscape Networks FZ-LLC | 19002 Dreamscape Networks FZ-LLC - Dubai Internet City, Suite 211, Building 11 Dubai, UAE P: +971 4 457 2417 | F: +971 4 457 2417 | E: info@DreamscapeNetworks.ae

Off Broadway gmail password that domain names and Square Space registration are linked to: Address: offbroadwayprecinct@gmail.com P/W: SFoffbroadway2040

60

APPENDIX 3 Case studies for designated advice and processes for opening creative space In March 2014 The City of Sydney Council unanimously endorsed a Live Music and Performance Action Plan that tabled 60 policies to better support live music in the City, and that are now integrating into the day to day operations of the cultural and regulatory operations of Council. Chaired by Live Music Office Policy Director John Wardle, the City of Sydney Live Music and Performance Taskforce comprised of 10 highly experienced music policy experts from Sydney and interstate, as well as Council cultural, regulatory and youth services staff.

A number of key recommendations in the City of Sydney Live Music and Performance Action Plan have resulted in the delivery of easier pathways for people wanting to open creative businesses in the City of Sydney LGA. 3. Development controls and noise.

Action 3 Establish a City of Sydney live music and performance liaison officer.

The City’s Strategy Advisor – Live Music and Performance role has existed since June 2014. Since recruitment, this role has provided guidance to over 105 organisations and individuals on a range of matters including development applications, compliance, noise management, outdoor event processes and approvals and grants and funding. The role is also included within the development assessment process, providing comment on applications involving live music and performance.

4. Building code of Australia Action 2 Develop a pre-lodgement process to provide bespoke advice and support for the development of temporary or non-traditional performance spaces.

Wollongong City Council Have created a series of clear and precise information resources for small businesses to assist with the processes of opening space. www.wollongong.nsw.gov.au/development/ regulations/Pages/Small-Business.aspx

OFF BROADWAY REPORT 2016

61

APPENDIX 4

Plan of Management 74-76 Pyrmont Bridge Rd Annandale Lot/Plan No: B/DP412900 ‘Off Broadway Creative Hub’ Table of Contents

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

62

Overview/Schedule Site Map (attached) Risk and Security Management Plan First Aid Response Plan Fire Safety Plan Crowd Management Plan Incident and Complaint Management Noise Management Plan Late Night Trading Alcohol Management/Liquor Licensing Food and Beverage Public Liability Insurance/Certificate of Currency Amenities Cleaning Waste Management Plan Power/Lighting/Electricity Water Temporary Structures Statement of Environmental Effects Transport Staff Management References About the Sydney Fringe

1.

Overview

This year the Sydney Fringe is working closely with Leichhardt Council to launch the new creative arts precinct OFF BROADWAY. This new precinct will run along Parramatta Road between Norton Street and Pyrmont Bridge Road. The festival is planning to temporarily activate 74-76 Pyrmont Bridge Road as a pop-up to serve as the Festival Hub for the Off Broadway Precinct for a period of 25 days. The space will operate primarily as an art making studio for the arts, production, design and creative industries. Offering three one week placements to art makers to create their wares in an open studio environment. In addition to this the space will also provide a trial Producers Hub offering theatre producers a centralized space to network and create works from during the festival period. After business hours it will be utilized for low impact theatre performances, a gallery/exhibition space and pop-up festival bar.

The property will be used to promote the festival, to connect representatives from the creative industries with local landowners and introduce them to the precinct to facilitate future businesses and employment opportunities, and to engage the local community in low impact cultural activities promoting the area as a cultural arts precinct.

During the activation the property will support three artists in residence, a visual arts exhibition, six theatrical productions, six one off talks and/or special artist events, free community art based activities, community wellbeing activations and artisan workshops.

Name: Off Broadway Creative Hub Location: 74-76 Pyrmont Bridge Road, Annandale NSW 2038 Hours of Operation: 10am-10pm Mon-Sunday Period of Operation: 1- 25 September 2016 Target Audience and Demographics: - Inner City residents, art goers, families, youth, festival patrons, artists and art makers, tourists.

OFF BROADWAY REPORT 2016

63

Activities Schedule: During the proposed period the site will be used: 1) To house three one week artist in residence open studio sessions (with representatives form the creative industries such as jewelry making and print making).

2) To house a trial Producers Hub acting as a group office that facilitates cross platform networking and infrastructure support for freelance producers.

3) As a visual art exhibition housing the Stencil Art Prize 4) As a pop-up theatre performance space 5) A festival bar and community art space.

Activity schedule is as follows.

DATE 5-11/9/26

TIME Art maker in residence open studio #1

12-18/9/16

Art maker in residence open studio #2

19-25/9/16

Art maker in residence open studio #3

5-25/9/16

Producers Hub

64

ACTIVITY Art making/production from the creative industries Art making/production from the creative industries Art making/production from the creative industries Providing infrastructure for freelance producers to network and create new works

DURATION 10am-4pm daily

10am-4pm daily

10am-4pm daily

10am-4pm daily

DATE

TIME

ACTIVITY

DURATION

6/9/16

5-9pm

Talk/special artist event

4-hours

7-10/9/16

6-10pm

Theatre production #1 and #2

2hrs of performance nightly

10-11/9/16

2-10pm

Launch weekend event including acoustic music, visual arts, theatre and talks

2 x 8 hrs

7-18/9/16

10am-10pm

Stencil Art Prize exhibition

During hours of operation

13/9/16

5-9pm

Talk/special artist event

4hrs

14-17/9/16

6-10pm

Theatre production #3 and #4

2hrs of performance nightly

20/9/16

5-9pm

Talk/special artist event

4hrs

21-24/9/16

6-10pm

Theatre production #5 and #6

2hrs of performance nightly

10/9/16

2-4pm

Talk/special artist event

2hrs

17/9/16

2-4pm

Talk/special artist event

2hrs

25/9/16

2-4pm

Talk/special artist event

2hrs

2. Site Map

attached

OFF BROADWAY REPORT 2016

65

3. Risk and Security Management Plan In order to understand the nature of the risks involved, each potential risk must be quantified using a scale such as the Risk Assessment Matrix below. The Australian standard Handbook (HB 436:2004) states that “the level of risk is determined by combining consequence and likelihood� (p46).

There will be log book for all incidents, major and minor, listing the time, location, incident type and any treatment/consequence. Contact details will be kept for all participants involved in major incidents.

CONSEQUENCE DISASTROUS

SEVERE

MODERATE

MINIMAL

FREQUENT

E

E

H

H

POSSIBLE

E

E

H

M

UNLIKELY

E

H

M

L

RARE

H

M

L

L

Rating Scale E Extreme Risk Unacceptable, immediate action required. Cease or avoid these activities.

H

High Risk Undesirable, urgent attention needed. Additional control measures required.

M

Moderate Risk Tolerable, responsibility must be specified. Close monitoring and control required.

L

Low Risk.

Acceptable, manage via routine procedures. Subject to continuous monitirng.

Likelihood HISTORICAL

FREQUENCY

EXPECTATION

FREQUENT 1

Has occurred regularly at similar

At least once per event

Highly likely to occur at this event

POSSIBLE 2

Occurs occasionally

About once per

Expected to occur

66

HISTORICAL

FREQUENCY

EXPECTATION

at similar events

event

once at this event

UNLIKELY 3

Has occurred once or twice at events

One in 20 events

Could occur in exceptional circumstances

RARE 4

Unheard of in any similar event

One in 100 events

Not expected to occur

Consequence SAFETY

OPERATION AL

DISASTRO US 1

Multiple permanent disabilities or 1 or more fatalities

Cancellation Event can or no longer discontinuatio continue n of event

$50k or more

Irreparable environmental damage

SEVERE 2

Multiple serious injuries or 1 permanent disability

Objectives of event severely compromised, most activities cease

Reputation suffers long term damage

$5k to $50k

Long term environmental damage

MODERAT E3

Multiple minor injuries or 1 serious injury

Some event objectives compromised, event continues

Reputation Less than suffers short $5k term damage

Short term environmental damage

MINIMAL 4

First Aid treatable minor injuries or illness

Event continues as planned, incident record

Little or no impact on reputation

Reversible or no harm to environment

OFF BROADWAY REPORT 2016

REPUTATI ON

FINANCIAL ENVIRONMENT AL

Zero loss

67

Risk Identification Register I DESCRIP D TION OF RISK

IMPACT ON OPERATI ONS

LIKELI COSE GRA MITIGATION RESPONOSIBILIT HOOD QUEN DE ACTIONS Y CE ENVIRONMENTAL RISKS

1 Incorrect waste disposal by patrons

Negative impact on host community

4

4 L

Adequate Staff, waste refuse management receptacles company in place and waste management staff on hand

2 Damage to Negative event area impact on host community and restoration fines

4

4 L

Supervision Staff and by staff to volunteers ensure appropriate use and behaviour by event guests.

NATURAL RISKS 3 Severe Operations thundersto unsafe, rms or hail event cancelled

4

4 L

Check weather warnings in days leading up to the event.

Event Organisers

4 Extreme High Winds

Operations unsafe, event cancelled

4

4 L

Check weather warnings in days leading up to the event.

Event Organisers

5 Severe Heat

Patrons hospitalise d

4

4 L

Check weather warnings in days leading up to the event.

Event Organisers

68

I DESCRIP D TION OF RISK

IMPACT ON OPERATI ONS

LIKELI COSE GRA MITIGATION RESPONOSIBILIT HOOD QUEN DE ACTIONS Y CE HUMAN RISKS

6 External Public Violence

4

4 L

This activity Staff will be promoted as a cultural, family friendly, all ages facility.

In the event of violent behaviour patrons will be asked to leave and the local police called.

RSA marshals will be present and adhere to a strict house plan.

7 Wheelchair Patron inaccessibi difficulties lity

4

4 L

Event Staff located on level ground, Internal areas are accessible via wheelchair ramps, surrounding pathways kept clear and accessible

8 Fire

4

4 L

A detailed Staff fire management plan is included in this plan of management . All staff will have a full

OFF BROADWAY REPORT 2016

Operations disrupted, serious physical injury

Damage to building, patron danger

69

I DESCRIP D TION OF RISK

IMPACT ON OPERATI ONS

LIKELI COSE GRA MITIGATION RESPONOSIBILIT HOOD QUEN DE ACTIONS Y CE induction and be aware the emergency plans.

4. First Aid Response Plan First Aid is the initial care provided to a casualty and is usually given by someone ‘on the spot’. A person administering first aid is often not a qualified health care professional and is not expected to perform the duties of one. People administering first aid are needed to provide immediate assistance until a qualified health care professional arrives and takes control of the situation or the casualty recovers.

A person providing assistance should:

-

Assess the situation quickly - check for danger; Identify the nature of the injury or illness as far as possible; Arrange for emergency services to attend; Manage the casualty appropriately and promptly; Stay with the casualty until able to hand over to a health care professional; Give further help if necessary or as directed.

Duties of First Aid Officers are to assist in:

-

The provision of emergency first aid treatment of injuries or sudden illnesses; Arranging prompt and appropriate referral of casualties to medical aid as required; Responding to event emergencies as required.

Officers are responsible for:

-

70

Maintaining currency of First Aid qualifications;

-

Managing the First Aid kit; Ensuring a copy of their current first aid certificate is forwarded to Event Management; Promptly notifying the Event Management of all injuries; Providing testament records to Event Management; Notifying Event Management of any change of circumstances which may prevent the First Aid Officer performing their duties.

EMERGENCY CONTACTS AMBULANCE/FIRE/POLICE

000’

POISONS INFORMATION CENTRE

13 11 26

AUSTRALIAN VENOM RESEARCH UNIT

(03) 8344 7753

DIVER EMERGENCY SERVICES

1800 088 200

SEARCH AND RESCUE - AVIATION

1800 815 257

SEARCH AND RESCUE - MARATIME

1800 641 792

HAZARDOUS CHEMICAL SPILLS OR EMERGENCIES

OOO

First Aid Emergency Procedures Familiarity with local emergency procedures will assist in responding promptly to a medical emergency.

1.

2.

3.

If a person is seriously injured or ill phone an ambulance on 000 Then contact a Nominated First Aid Officer and then Sydney Fringe Management. It is important that Management is notified if an ambulance is called. Management can then contact the Ambulance service and provide additional information to guide the Ambulance to the correct location.

After calling the ambulance, If possible dispatch someone to flag down the ambulance outside the venue.

OFF BROADWAY REPORT 2016

71

HAZARDS AND INJURIES

Hazard

Typical problems

Typical injury/ illness requiring first aid- action.

falls, trips, slips

falls from heights, slips and trips on uneven surfaces

Sprains- apply RICE: Rest tends to reduce the flow of blood to a part.

Resting the casualty allows the blood pressure and pulse rate to drop, and this also reduces the flow of blood around the body. This helps to reduce bleeding

Ice helps to limit inflammation and reduce pain by causing the blood vessels to constrict, restricting the amount of fluid and swelling in the injured part Compression helps to narrow bleeding vessels and reduce swelling.

It also provides support to the injury to reduce the risk of further damage Elevation of the injured part helps to reduce the blood pressure and flow of blood

electricity

72

contact with electrical current

-Check for a persons response and breathing. Do not touch person till electricity has been turned off.

-Commence CPR if necessary -Call ‘000’ for an ambulance -If their breathing is steady and they are responsive attend to their injuries.

Cool the burns with cool running water for 20mins.

-Talk calmly and reassure.

Hazard

Typical problems

Typical injury/ illness requiring first aid- action

Temperature/UV

Exposure to extreme heat or cold from weather.

Sprains- apply RICE: Rest tends to reduce the flow of blood to a part.

Resting the casualty allows the blood pressure and pulse rate to drop, and this also reduces the flow of blood around the body. This helps to reduce bleeding

Ice helps to limit inflammation and reduce pain by causing the blood vessels to constrict, restricting the amount of fluid and swelling in the injured part Compression helps to narrow bleeding vessels and reduce swelling.

It also provides support to the injury to reduce the risk of further damage Elevation of the injured part helps to reduce the blood pressure and flow of blood

hazardous substances/pois oning

exposure to chemicals, e.g. solvents, acids, hydrocarbons or ingested poisons

If there is no life threatening emergency – call the Poisons Information Centre on 13 11 26.

If the situation has become life threatening, for example, the casualty is unconscious or not breathing, then: • • •

OFF BROADWAY REPORT 2016

Observe DRSABCD Call for medical assistance Monitor airway, breathing, circulation

73

5. Fire Safety Plan Provided by the building owner and included in council documentation.

6. Capacity and Crowd Management Plan The internal capacity of the venue will be capped at 50 pax in the theatre and 50 pax in the exhibition area at any one time to comply with available bathroom facilities and ensure that clear egress is maintained. Crowd numbers will be monitored closely to prevent overcrowding at any associated events such as the opening event on the 10 and 11 September. The theatre events are ticketed so capacity is easily maintained.

Crowd numbers will be monitored closely to prevent overcrowding. Local universities will be engaged to provide volunteer data collectors who will count patrons. Management staff will not permit entry into the event if crowds are deemed at capacity.

7. Incident and Complaint Management An Incident and Complaint Register will be kept on premises. In the event of any incidents occurring on site or any complaints received from the general public, neighbours, residents or nearby businesses the complaints will be noted in the register along with any action taken and the response provided to the complainant.

Complaints will be lodged as follows: • Complaint date and time; • Name, contact and address details of person(s) making the complaint; • Nature of the complaint; • Name of staff on duty; and • Action taken by premises to resolve the complaint.

8. Noise Management Plan Potential noise impacts from the proposed event have been assessed. The likely noise emissions from the activation has been assessed and found to have no impact at the nearest sensitive properties.

The proposed activities within the site will produce minimal noise. The majority of sound will be people talking and low level background music produced from an ipod dock.

For usual operations there will be a small internal sound system that will play recorded background music from an Ipod dock only. Theatre productions will operate with a small PA. In compliance with the Noise Regulations and to minimise disturbance to local residences, the sound system will be locked at 5 db above background noise from the site boundary for the entire event during the following times: 5pm-10pm Noise levels will be monitored by a designated staff personnel every 30 minutes using a db measuring devise.

This activation will not have any kind of amplified music that exceeds the LAmax of 5db as measured from the site boundary.

74

9. Late night trading- Proposed hours of trade for sale of alcohol are only till 9.30pm. The venue will be open till 10pm as per CDC approvals.

9. Late night trading- Proposed hours of trade for sale of alcohol are only till 9.30pm. The venue will be open till 10pm as per CDC approvals.

10. Alcohol Management/Liquor Licensing The Sydney Fringe Festival will be applying for a limited licence- multi-function licence for this activation.

10.

Alcohol Management/Liquor General Prevention Measures Licensing Themanagement, Sydney Fringe Festival be applying for a limited licence-the multi-function All event staff,will security are responsible to ensure aims of the licence Alcoholfor this activation.

Management Plan are achieved and maintained.

General Prevention This will be achievedMeasures by: 1. Restricting the sale and consumption of alcohol to within the site.

All management, event behavior staff, security responsible to ensure the aims of the Alcohol 2.

Monitoring patrons’ at all are times.

Management Plan are achieved and maintained.

3. Signage promoting the responsible service of alcohol and alcohol exclusion zones will be displayed at appropriate points at the main gate and entrances to the licensed Thispremises. will be achieved by: 1. the sale and consumption of alcohol to within the site.

4. Restricting Should anyone show signs of intoxication they will be escorted from the building.

2.

Monitoring patrons’ behavior at all times.

5. RSA Marshals will patrol the areas to remove waste and monitor patrons.

3. Signage promoting the responsible service of alcohol and alcohol exclusion zones will be displayed at appropriate points at the main gate and entrances to the licensed premises.

Location of Bar 4. Should anyone show signs of intoxication they will be escorted from the building.

5. RSA will patrol the remove waste andoperated monitor by patrons.

There willMarshals be one temporary bar areas within to this site that will be the Sydney Fringe Festival. The bar will uphold the house rules in relation to the responsible service of alcohol as determined by the licensee. It will be situated to the rear of the building near the Location ofPlease Bar see site plan for exact location. amenities.

Thereand will be temporary within this site that will operated byentry the Sydney Fringe Entry Exitone to the site will bar be maintained through the be existing street on Pyrmont Festival.

The bar will uphold the house rules in relation to the responsible service of Bridge Rd with an additional emergency exit to the rear of the building. alcohol as determined by the licensee. It will be situated to the rear of the building near the amenities. Please see siteDrinking plan for exact location.

Prevention of Under Age Entry andwill Exit the site will Bar staff betochecking IDs.be maintained through the existing street entry on Pyrmont Bridge Rd with an additional emergency exit to the rear of the building.

Alternative Hospitality Prevention of Under Age Drinking There will be non-alcoholic and low-alcoholic options available at the pop-up bar. There is Bar staff will benetwork checkingofIDs. an established food trucks that service the neighbouring Waywards Brewery site on Gehrig Lane that will be utilized to provide food services. Food will be redly Alternative available forHospitality the duration of the event. The Festival is also currently exploring hospitality partners to provide additional food services.

There will be non-alcoholic and low-alcoholic options available at the pop-up bar. There is an established network of food trucks that service the neighbouring Waywards Brewery Incident Register site on Gehrig Lane will be utilizedand to provide food services. Food willofbeAlcohol redly house The bar will have anthat incident register uphold a Responsible Service available forregister the duration the event.

The Festival also currently exploring hospitality policy. beofavailable toand police upona is request.

The barThe will have anwill incident register uphold Responsible Service of Alcohol house partners to provide additional food services. policy. The register will be available to police upon request.

Incident Register Liquor License

Liquor License Waiting approval.

Waiting approval.

OFF BROADWAY REPORT 2016

75

11. Food and Beverage/Hospitality We are currently exploring partnerships with local businesses and will be utilising the existing food truck network which services the adjoining Waywards Brewery site on Gehrig Lane.

12. Public Liability Insurance/Certificate of Currency Insurance will be renewed before the event and secondary Festival event insurance will also be taken out and provided once certificate received.

13. Amenities Toilet facilities are ample onsite to accommodate for the expected visitors this includes 1 x male, 1 x female and a disabled access toilet.

In the event of either blockages or malfunctions of any kind we will contact either the landlords preferred supplier or Splashdowns 24hr service line and they will respond within 2 hours of the call.

In case of an emergency/malfunction patrons will be permitted to use the bathroom facilities at our neighbouring partner venue- Waywards Brewery.

14. Cleaning The site will be cleaned on a daily basis as required to ensure that the space is clean, tidy and free from any obstructions or safety concerns.

Spill and any potentially dangerous mess will be cleaned up immediately by staff, signage will be used during cleaning to ensure patrons are aware of changed conditions.

15. Waste and Recycling Management Plan General Waste/Recycling Activity

Waste Types

Bar

disposable cups, bottles

Waste Management Time

Action

Who is Responsible

6pm10pm

General Waste and Recycling bins provided on SITA Waste Mgmt, site and Venue Manager cleanliness maintained by Venue Manager and staff Bins emptied and replaced once a week during SITA Waste Mgmt the activation period

76

Activities required before the event Action

Who is Responsible

Delivery of 2 x general waste and 5 x recycling bins to site

SITA Waste Mgmt, Event Organisers

Activities required after the event Action

Who is Responsible

Removal of 2 x general waste and 5 x recycling bins from site

SITA Waste Mgmt, Event Organisers

General Wastes Activity

Waste Types

Retail and administration

Co-mingle and recycling

Promotion of waste system/handling Time

Action

Who is Responsible

Empty domestic waste as required at provided waste station

Venue Manager

Remove all waste to waste contractors collection point at designated pick up times

Venue Manager

Activities required before the event Action Installation of additional public waste and recycling bins within the event area during bump in for the public launch event on the 10th and 11th September 2016

OFF BROADWAY REPORT 2016

Who is Responsible Venue Manager, Waste contractor

77

16. Power/Lighting/Electricity The Sydney Fringe will ensure that the hired third party independent operators comply with industry standards and power cables and leads are safely installed, and adequately protected. A licensed electrical (yet to be contracted) will oversee the safe installation including the testing and tagging of all electrical appliances and in conjunction with the Sydney Fringe.

No additional power is required.

17. Water No additional water is required 18. Temporary Structures No temporary structures will be required.

19. Statement of Environmental Effects The Sydney Fringe Festival is seeking temporary use of 74-76 Pyrmont Bridge Rd, Annandale as a pop-up creative hub that will house an art making studio, producer’s workshop, temporary performance and exhibition space and festival bar. The site has in the past been used as a retail outlet and warehouse. We believe the use as a Creative Hub which includes the primary activity being an art making studio to service creative industries fits within the current zoning (IN2 Light Industrial zone) under the Local Environmental Plan and its objectives: • To provide for certain business and office premises and light industries in the arts, technology, production and design sectors.

• To encourage employment opportunities and to support the viability of centres.

• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

• To ensure the provision of appropriate infrastructure that supports Leichhardt’s employment opportunities.

We consider the primary use as a creative hub to have no greater impact as the past use as a retail/warehouse.

1)The facility will be staffed by the same amount as a retail outlet between 1-3 staff at any one time.

2)Capacity will be managed during event times by having events ticketed with limited capacity. Free events will also have a capacity attached and guests will be required to reserve a place.

3) The amount of waste generated by the proposed activities will be similar if not less than the past warehouse/retail outlet.

78

This activation will have negligible impact on the environment and the site will be returned to its original condition after the festival. Every effort will be taken to minimise impact on the surrounding areas and to minimise the need for any restoration. All associated waste will be collected and disposed of routinely. This activation is designed and promoted as a low impact community focused space.

20. Transport The Sydney Fringe Festival works to a sustainability plan that promotes the use of public transport at all its events and activations. This temporary use will have negligible effects on traffic congestion or the limited parking in the area. The area has a number of active bus routes which will be promoted. Public transport options are highlighted in all promotional material for the festival and walking maps will be available to encourage vistors to navigate the area by foot from neighbouring high streets such as Norton St and King St. 21. Staff This venue will be staffed and managed by the Sydney Fringe Festival Venue Manager, event staff and volunteers. This team will report to the Fringe Festival management team of Festival Director/CEO, Business Manager and Festival Producer.

All staff will go through a thorough training and onsite induction. The staff on site will have access to additional support by other members of the Festival team.

22. Management References Over the past six years the Sydney Fringe has worked with a number of local councils on our past six festival and associated events. In addition to this our core staff have over 40 years combined experience in producing and managing public events and arts administration.

23. About Sydney Fringe Now in its seventh year the Sydney Fringe is the largest independent arts festival in NSW and is presented in September. The Sydney Fringe spans five cultural villages set across the Inner West and CBD of Sydney. Each year the Sydney Fringe shines a light in the independent sector of Sydney. Guiding the way for new audiences to discover and celebrate the cultural heart of the city.

The Sydney Fringe boasts a strong reputation for nurturing and supporting emerging and established artists in the development of new works, promoting small to medium sized venues and activating public spaces. The Sydney Fringe partners with over 60 smallmedium sized venues annually and presents 350 ticketed shows, featuring over 1600 Sydney and Australian based artists.

In addition to ticketed performances the festival hosts free outdoor events including family day picnics, festival bars, street activations, art tours, public forums, artist workshops and large scale partner events to engage with the local community and encourage participation with the local community and in arts based experiences.

OFF BROADWAY REPORT 2016

79

APPENDIX 5

Off Broadway Festival Hub program Götterdämmerung

Sweet Smell Port

GÖTTERDÄMMERUNG, is a devised show about the way we relate to the death of celebrities. Why do we grieve for someone we didn’t actually know? What is the difference between the death of David Bowie, and the death of a loved one? Why did Patrick build a shrine to Princess Diana?

The much anticipated sequel to “I’m a Massive Cheap Drunk”**, Sweet Smell Port introduces a new talent to the scene.

Part documentary, part stand up comedy. Part theatre, part podcast. Arrive. Devise. Repeat. return to the Sydney Fringe Festival after last year’s ‘Tender Indifference’. Devised and Performed by Jacqueline Marriott, Patrick Howard, Ryan Devlin, and Victor Kalka [if !supportLineBreakNewLine]

Where digital art meets fashion, sound and technology.

Presented by: Arrive. Devise. Repeat. (NSW, QLD, TAS)

80

Presented by: Cheng Tang (NSW)

Sartorial

Presented by: dLux MediaArts (NSW)

sARTorial is a spectacle of the senses where technology and fashion collide. Part fashion show and part art exhibition, this one night event showcases some of Australia’s leading artists and designers in the field of fashion, technology, digital art, industrial art and sound engineering.

This year’s sARTorial performance is based around the four sensory elements of light, sound, movement and touch. Drawing on these elements, the artists and designers will collaborate to create one-off wearable pieces using the latest trending design technologies and interactive techniques.

The event ambassador is Erica Gray, an artist who is internationally recognised as one of the leading figures in the field of wearable arts. She has won several awards for her sculptural pieces and artworks both within Australia and New Zealand. Not unfamiliar to Sydney Fringe, art collective Purple Moustacho will return to invigorate audiences with their surreal and visually striking artworks that explore themes of gender, sexuality and consumerism.

Tohu :: Two Premiers By Omer & Sharon Backley-Astrachan

is an hour long discussion; the words taken verbatim from women we know. Like the women, the subject matter is diverse, ranging from the struggles of a morning to those of a lifetime, humorous anecdotes to difficult recollections.

Another question: why verbatim? Verbatim puts the words of real people on a stage- not characters, not famous figures, but the people we know, whose words are not always heard as loudly or clearly as they should be. If we have learned anything from the recent newwave of feminism, it’s that female voices need to be heard more. We’d like make our own offering of female voices: the voices of a five woman theatre company, as well as those of the many women kind enough to speak to us.

Grounded

Presented by: Robot Sparrow (NSW)

Presented by: FlyBear Studio (NSW)

TOHU by FlyBear Studio presents two exciting new works by independent choreographers Omer & Sharon Backley-Astrachan.

TOHU – a physical journey that explores the universal behavior of humankind. Through the research of cycles and patterns in the universe and the ‘natural world’, Omer and Sharon Backley-Astrachan strive to make sense of our most enigmatic behaviors.

In a chaotic world, full of passion and art, full of hatred and racism, full of people we love, diversity and beauty, it is truly important to understand our common grounds. Understanding our connections and parallels, as apposed to our disparity and differences, and sooner rather than later.

When an ace F16 fighter pilot unexpectedly falls pregnant, her career in the sky ends. Upon returning from leave, she is reassigned to operate military drones from a windowless trailer outside Las Vegas, sitting in the desert in Nevada whilst hunting terrorists in Afghanistan - fighting a war and still returning to her family each night. As the pressure to track a highprofile target mounts, the boundaries begin to blur between the desert in which she lives and the one she patrols half a world away.

George Brant’s gripping one-woman play is coming to Sydney Fringe after its stunning success during its run in February, 2016.

(DIS)Solution

Presented by: Sibil Cysters (NSW) Valley – a new work to be premiered at the Sydney Fringe Festival. A dark and enchanting work that searches for rawness in a world that grows numb.

Two sisters inherit an unwilling Grandma and must decide what to do with her.

That’s What She Said...

Albert & Jameson: A Play With Vampires

Presented by: Minor Emergency Theatre Company (NSW) What makes a woman? Is it as simple as anatomy, or is there a universal experience or core that links all women? Is anatomy irrelevant? Is being a woman a feeling? And how is that different to being a girl? Is femininity intrinsic to womanhood?

In our first production, Minor Emergency Theatre Company asks these questions, both of an audience and of the women we have interviewed to create ‘That’s what she said...’. Will these questions be answered? It’s likely they won’t, but our hope is that in asking them, a discussion will ensue. Our play itself

OFF BROADWAY REPORT 2016

Presented by: The Dire Theatre (NSW)

Join the worlds most infuriating immortals, the vampires Albert and Jameson, as they struggle to grapple with life’s three big “E’s”; eternity, enraged peasants and each other. Following a very public, very audible blunder by Albert at the birthday festivities of the young prince, the paltry pair are forced in to hibernation for a century of so. They awake in the modern world only to discover that living in the age of Facebook, television and smart phones is about as tolerable as an eternity of one another’s company.

The piece, written by Adam O’Brien, artistic director of The Dire Theatre, who last year debuted “Our

81

Neighbourhood: A Play with Songs” at the Workshop Theatre; which then went on to a successful season at the Sydney Fringe Festival, is a fresh look at the absurdist genre. “Absurdist theatre is usually so deflating” says O’Brien “even the so called comedies.

You pay money to see a masterpiece like Beckett’s ‘Waiting for Godot’ and you may leave with an appreciation for theatre as a craft and an existential crisis, but you are robbed of the potential realisation that maybe the complete lack of cosmic confine or spiritual structure is freaking hilarious!’. This is what we are aiming to do with Albert and Jameson, we hope to give audiences the freedom to embrace the absurdity of everything, positively.”

With a cast of only three, Albert and Jameson: A Play with Vampires is a very intimate production that leaps between moments of rapier sharp wit and vicious verbal volleys, to moments of pure smut and childlike name calling, and of course everything from sensual blunders and violent murders in-between

Blackbird

Presented by: Throwing Shade Theatre Company (NSW) At his workplace, 55-year-old Ray is shocked to be visited by a young woman, 27-year-old Una. Fifteen years earlier, he had sexually abused her. This relationship, which included intercourse, began and ended when Una was 12 and Ray was 40. Ultimately, they ran off together, and Ray abruptly ditched Una at a motel in a location that was not familiar to the the twelve-year-old. Ray was then arrested and imprisoned. Upon his release, he managed to establish a reasonably successful new life under another name, but Una recognized him in a photograph and tracked him down.

Ray takes Una to the office break room, where the two engage in a long and difficult confrontation involving Una’s continuing struggles to understand and come to terms with the abuse and her intensely conflicting emotions, which pivot between anger, curiosity, confusion, and even a persistent attachment to Ray, whom Una loved – and she believed that he loved her.

The fearful Ray parries her demanding questions and descriptions of her feelings and experiences, all the while uncertain of her intentions.

Red Cross

Presented by: Victor Kalka (NSW) Set in a remote mountain cabin, “Red Cross” dissects the infectious nature of personal fears: Carol is terrified her head might explode; Jim is convinced he is plagued by lice draining his life; and the maid is scared of drowning.

A surreal dream play written by Sam Shepard.

82

Written by Sam Shepard Directed by Victor Kalka Produced by Tabitha Woo Sound Design by Ryan Devlin Stage Manager Chris Starnawski With Henry Hulme, Genevieve Muratore, Emma Throssell

APPENDIX 6 Traffic management plan Off Broadway launch event

Recommendation that: 1. That the temporary road closure of Gehrig Lane, west of Chester Street, Camperdown, on Sunday, 11th September 2016 between 2.00pm and 6.00pm be approved, subject to the following conditions: a That a TMP/TCP be submitted to RMS for approval as the subject area is in proximity 40 metres to Pyrmont Bridge Road (State Road). b That an unencumbered passage minimum 3.0m wide be available for emergency vehicles through the closed section of Gehrig Lane, Camperdown. c The occupation of the road carriageway must not occur until the road has been physically closed. d That the applicant notifies all affected businesses, residents and other occupants of the temporary road closure prior to the event.

Any concerns or requirements in relation to the road closure raised by business proprietors, residents and other occupants must be resolved or accommodated. The notification

OFF BROADWAY REPORT 2016

shall involve at the minimum an information letterbox drop distributed one week prior to the commencement of the event. The proposed information, distribution area and period must be submitted to Council’s Traffic section for approval two weeks before the event. e That the approved Traffic Control Plan (TCP) be implemented by Council, including RMS accredited traffic controllers. f That the Fire Brigade (Glebe Fire Station) be notified of the intended closure. g That the applicant provide and erect barricades and signs, in accordance with the current Australian Standard AS 1742.3: Traffic Control Devices for Works on Roads. As a minimum the following must be erected at the appropriate locations: i. Barrier Boards (Barricades) ii. ‘Road Closed’ (T2-4) signs iii. ‘Road Closed Ahead’ (T2-Q02A) iv. ‘On Side Road’ (TC-1325)

83

h That the areas to be used for the activities must be maintained in a clean and tidy condition to the satisfaction of Council’s Director Major Projects & Engineering, or else the applicant will be required to reimburse Council for any extraordinary cleaning costs. i That the conduct of any activities or use of any equipment required in conjunction with the road occupancy and temporary road closure not results in any ‘offensive noise’ as defined by the Noise Control Act. j That a copy of the Council approval be available on site for inspection by relevant authorities. k That Council reserves the right to cancel the approval at any time. l

84

That the applicant complies with any reasonable directive from Council Officers and NSW Police.

That the applicant be advised of the Committee’ recommendation.

APPENDIX 7 Off Broadway Precinct program Camperdown Commons Death and Dating Presented by: Over Under (NSW) Comedy One feels like the end. The other feels like....well, the end. Death and dating takes you on an uproarious exploration of human interaction and frailty, in it’s most basic incarnations. Take a gleeful glance into how we deal with life changing events in the most light hearted way.

From Star Trek to the Southern Cross Presented by: Andreea Kindryd (NSW) Poetry, Literature and Spoken Word Celebrate Star Trek’s 50th with Andreea’s stories of the original series, and close friendships including Klingon creator Gene Coon. Then she travels the hippie trail, endures an FBI investigation, arrives with Cyclone Tracy, joins the indigenous rights movement and finds that mediation saved her from murder. Entertaining and relevant storytelling.

Tetch Gallery Week 1 3 – 10 SEPTEMBER Mon-Fri 11am-7pm, Sat-Sun 10am-5pm History Week at Tetch Gallery Mon-Fri 11pm-7pm, Sat-Sun 10am-5pm Talk: ‘An Anecdotal History of Annandale’ by local historian Marghanita da Cruz

As a game designer, Bravo’s performance style incorporates a real-time element; drawing on audience participation with real world consequences. Bravo frames the month-long narrative as an Alternate Reality Game. The audiences piece the narrative together by collecting pieces of the puzzle before, during and after the event. In this way the art bleeds into the world beyond the confines of a traditional theatre setting and becomes a social experiment. The aim being to apply creativity and brave innovation to our everyday lives. Bravo’s signature whimsy and intellectual frenzy promise to whip visitors into an inspired state of wonder and play.

Week 3 19 – 24 SEPTEMBER ‘Circulation Series’ — Chico Cristobal at Tetch Gallery Exhibition runs 19th–24th Mon-Fri 11pm–7pm Sat-Sun: 10am–5pm.

Drinks with the artist Wed 21st 6pm–8pm Week 4 25 SEPTEMBER 10am–3pm Jonathan Hardy (owner of Tetch Gallery) artist showcase.

3–5pm ‘What do Angle Grinders and Household Doors have to do with Art?’ Talk and Drinks with Jonathan Hardy.

26 SEPTEMBER – 1 OCTOBER Tetch Gallery — Fringe Festival Group Show

Week 2 11 – 18 SEPTEMBER Sydney Fringe POP-UP: Alternate Reality Game $WEAT$HOP Presented by: UpUpTrampoline (NSW) Theatre Rated: Suitable for mature audiences (15+) UpUpTrampoline’s alternate reality experiment begins with a week-long residency at Tetch Gallery in which they are opening a fashion sweatshop to exploit audiences; turning their personal interactions into merchandise and selling it back to them.

Visiting the gallery you will be stepping into an art experience, playing the role of... yourself. You’ll likely to be faced with big claims, creative chaos and immoral decisions.

OFF BROADWAY REPORT 2016

85

Bald Faced Stag program

86

DATE

DAY

ARTIST/GIG

2

FRI

HALLOWS + THE ELK COLLECTIVE

2

FRI

SAVE THE CLOCKTOWER + DROWN THIS CITY

3

SAT

JOEY EQUINE & THE GLUE FACTORY + SUPPORT

3

SAT

TWELVE FOOT NINJA + SUPPORTS

6

TUES

BANDVIEWS FT

7

WED

THE RAMBLERS “HOUSE BAND”

8

THU

NO REFUNDS

9

FRI

THE HARBOUR AGENCY

9

FRI

AMBER LIES + SUPPORTS

10

SAT

AFTERSHOCK FT MALICE

10

SAT

SOBIE + SUPPORTS

13

TUE

BANDVIEWS FT

14

WED

THE RAMBLERS “HOUSE BAND”

15

THU

NO REFUNDS

16

FRI

THE DEAD LOVE + SUPPORTS

16

FRI

BLACK KNUCKLES + DIRTBAG + COLOUR CODED

17

SAT

TEMTRIS + SUPPORTS

17

SAT

LAST DIG ACAMDEMY + SUPPORTS

19

MON

PIRATE DAY SHINDIG

20

TUE

BANDVIEWS FT

21

WED

THE RAMBLERS “HOUSE BAND”

22

THU

NO REFUNDS

22

THU

ROLO TOMASSI (UK) + SUPPORTS

23

FRI

CIRCLES + SUPPORTS

23

FRI

VALEN + SUPPORTS

24

SAT

A PERFECT WORLD

27

TUE

BANDVIEWS FT

28

WED

THE RAMBLERS “HOUSE BAND”

29

THU

NO REFUNDS

APPENDIX 8

Revised Studio and Creative Incubator Policy for Amsterdam 2015 – 2018

OFF BROADWAY REPORT 2016

87

1. Introduction

91 3

2. Results 2000 – 2015

93 5

3. Revised policy on the basis of six points

98 10

4. Annexes

106 18

ANNEX 1: CAWA assessment framework for creatives and creative-incubator initiatives

106 18

ANNEX 2: CAWA wheel and explanation

20 108

ANNEX 3: List of professions

22 110

ANNEX 4: Financial perspective 2015 – 2018

112 24

ANNEX 5: Roles and positions

25 113

ANNEX 6: Three adopted motions

Colophon Text Photography Design

27

Bureau Broedplaatsen Lard Buurman, Joni Spaan en Carmen Dávila Renee Bakker

maart 2016

88

IN

APPENDIX 8

1. Introduction Amsterdam is one of the most attractive and creative cities in the world. It is a monumental and beautiful city with a diverse population. Amsterdam boasts an unprecedented range of art and culture, at both a global and local level, for every conceivable audience. The compact nature of the city means that everything is accessible by bicycle through a sound infrastructure and public space. Its strong range of educational programmes makes the city attractive for young creative talent that flocks here to learn, work, live and to spend their time. Numerous crossovers and connections exist between creatives, the business community, the public and grant funding schemes. The lines are short, the contacts informal and quickly made. The city is home to debating centres, galleries, numerous events, bars and restaurants for meeting up or for simply being out and about in the city. New, collectively shaped ideas are conveyed effortlessly via informal channels into practice, to customers and consumers.

Ideal breeding ground This makes Amsterdam an ideal breeding ground for creativity. Artists, creatives, self-employed craftsmen and women and companies come to Amsterdam and remain here because of the blend of these qualities. They settled and continue to settle in studios and creative incubators.

Creative companies that currently employ fifty staff members in a stylish canal-side property once started out in the Volkskrant Building creative incubator. Artist Folkert de Jong began in the Bouw creative incubator before going global. Designer Belén founded the Krux creative incubator with a few friends and is now exporting shoe designs to Milan.

Unique long-term policy Amsterdam is the only city in the world with a long-term studio and creative-incubator policy with associated instruments: • the Bureau Broedplaatsen (BBp) administrative team • relevant expertise • project and building management • networks • credit guarantees • subsidies In this way the city provides a bespoke solution for many, diverse initiatives, each realising a creative incubator in their own way, independently, as a social enterprise. This policy has resulted in a varied collection of about sixty creative incubators since 2000, in which thousands of creative people over the past 15 years were able to meet, share ideas and collaborate before flying the nest to be independent artists or entrepreneurs elsewhere in the city.

Attractive location Creative incubators are multi-tenant buildings which form a basis for up-and-coming artistic talents looking for space to establish themselves in Amsterdam. From here, they can kick-start their careers as genuine artists or creative entrepreneurs. This new influx of talent is essential for the vitality of the creative city of Amsterdam, which is also why the city should be inviting and accessible, and should form an attractive environment for these creative newcomers.

Gentrification How do these creatives, looking for suitable space with only modest funds, find an affordable studio? They are confronted with the fact that a lot of accommodation in Amsterdam, whether for renting or purchasing, is priced above their budget. A similar development – where the situation is even worse – can be seen in such cities as New York, London, Paris and Munich. The highest bidder wins. Gentrification, the process of social, cultural and economic improvement of a neighbourhood, drives property prices up. Expensive accommodation in these cities forces creatives to leave.

Prices for commercial real estate in Amsterdam are also rising as a result of the city’s popularity. However, price rises due to gentrification are more gradual in Amsterdam. In such districts BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

3

2015 – 2018OFF BROADWAY REPORT 2016

89

as Oost, Nieuw-West and Noord, the high number of social dwellings has a dampening effect on the rise in property prices, even though local neighbourhoods are becoming more mixed through the influx of more highly educated people and double-income households. The arrival of creative incubators contributes both to the moderate rate of price rises and to the revitalisation and attractiveness of the neighbourhoods. On the one hand, creatives with little money are introduced to the neighbourhood and can rent an inexpensive studio in the creative incubator, while on the other hand, a programme of exhibitions, quirky bars and restaurants and pop-up stores spring up from the creative incubator, making it attractive for existing local residents and for the newcomers through its variety.

Summary Amsterdam is well-positioned as a creative city. In order to strengthen this in the coming years, taking into account the gentrification with all its reservations, it is necessary to review the studio and creative-incubator policy. This will be done on the basis of the experiences and results gained over the past 15 years.

Arnoud Noordegraaf – componist “Like many artists in Amsterdam, I have been benefiting from the creative-incubator policy for many years. My first creative incubator studio was at 1800 Roeden, a wonderful location on the outskirts of the city, right where the countryside begins. The Roeden was occupied by numerous artists, designers, architects, engineers and furniture makers. There was a lot of cross-pollination and it offered me the necessary peacefulness to enable me to develop my music. Six years ago or so, I moved my studio to the Westerdok, a completely new location where everything was still in development. The wide range of artistic disciplines which Urban Resort had housed there resulted once again in interesting ties and collaborations. Its central location so close to the station was very nice because my projects were getting bigger and because of the number of meetings I have with artistic teams. And yet it is a quiet place, enabling me to spend long hours composing without being disturbed.

This kind of space in the city is usually unaffordable, even for the most successful artists. The creative-incubator policy generates a wealth of arts and crafts and interaction. And the incubators themselves result in a breeding ground for organising art and happenings in the neighbourhood and keep everything vibrant. It also means that professional artists remain in the city, because if I had to pay the market rate for renting my studio, I would be forced to leave. Incidentally, for years we were the only paying tenants in this now expensive Westerdok area. The financial crisis left the developers with no other market than the creative incubator artists. The creative-incubator policy keeps the city vibrant, energetic and full of life. It is fantastic that it is here and it should definitely continue to exist.”

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVEINCUBATOR POLICY FOR AMSTERDAM

2015 – 2018

90

4

APPENDIX 8

2. Results 2000 – 2015 In the period 2000 – 2015, the creative-incubator policy led to the creation of more than sixty creative incubators throughout the city. There is a total surface area of approximately 170,000 m2 available, where thousands of studios, office, project and exhibition spaces, stores, studio dwellings and bars and restaurants are housed.

In order to realise these creative incubators, the city earmarked approximately €48 million in municipal grants in the same period. This includes contributions towards construction costs, consultancy, research and administrative work. At the time of writing (autumn 2015), the total expenditure stands at €40 million, with approximately €8 million still available.

Since 2000, the municipal Bureau Broedplaatsen (BBp) has been the service point for anyone wishing to start a creative incubator. Transforming a building requires expertise, networks, management, licences and financing. The BBp provides these services tailored to the needs of the situation. The BBp provides support to incubator initiatives on the basis of the specially developed Broedplaatsen road map (see the BBp website).

The BBp collaborates with the CAWA, the Committee for Studios and Living/Working Spaces in Amsterdam (Commissie voor Ateliers en (Woon)Werkpanden Amsterdam). Annex 1 provides the CAWA assessment framework and Annex 5 the roles and responsibilities, including those of the CAWA.

Realised and still-existing creative incubators in Amsterdam in the period 2000 – 2015 Current creative Huidige broedplaatsen incubators

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVEINCUBATOR POLICY FOR AMSTERDAM

5

2015 – 2018

OFF BROADWAY REPORT 2016

91

Production (output) versus subsidies (input) The graph below shows the production figures: amount of space realised in m2 per year for CAWA creatives in the period 2000 – 2014. The red line shows the amount of non-recurrent subsidy per square metre of CAWA space needed for this. Reducing this contribution from the ‘unprofitable top’ has made it possible to maintain a lower rent for CAWA studios.

Production figures in m2 surface area and subsidy per m2 per year in the period 2000 – 2014

12.000

350,00 300,00

10.000

250,00 8.000 200,00 6.000 150,00 4.000

100,00

2.000 0

Investment / m2 Investering /€m2

400,00

50,00

2000-2002

2003

2004

2005

2006

2007

Total annual production space for CAWA creatives (per(vvo m rentable Totale jaarlijkse ruimte productie voor CAWA creatieven in m2) 2

floor space)

2008

2009

2010

2011

2012

2013

2014

0,00

Development of subsidy rentable floor space) ontwikkeling subsidie ( per(per m2m vvo) 2

m2 verhuurbaar vloeroppervlak m2 bruto vloeroppervlak

Compensation for temporariness Jaarlijkse productie ruimtes voor CAWA creatieven en de subsidie per m2 2 Apart per m rentable floor space for CAWA creatives (annual 14.000 from the development of subsidy 400,00 Ontwikkeling totale voorraad broedplaatsruimtes 180.000 and the production (annual output), the duration of the result is also of great importance. input) 350,00 12.000 160.000 To140.000 maximize opportunities in the Amsterdam real-estate market, temporary creative incubators 300,00 10.000 120.000 are a logical solution. Many temporary creative incubators are available for three to ten years.

100.000 250,00 This leads to a truly dynamic city. If no new creative incubators are introduced, the total surface 8.000 80.000 200,00 60.000 area available as creative incubators will of course shrink, as can be seen in the graph below.

6.000 40.000 The continuous horizontal line extending to the right represents the surface area of creative150,00 in20.000 4.000 0 cubators granted in the form of leasehold. The continued introduction of new creative incuba100,00 2.000 tors is therefore necessary to maintain the total surface area.

50,00 Productie per jaar (bvo m2) 0 2000-2002 2003

Productie cumulatief (bvo m2)

2004

2005

2006

Huidige broedplaatsruimtes (cumulatief - afname)

2007

Totale jaarlijkse ruimte productie voor CAWA creatieven (vvo in m2)

2008

2009

2010

2011

2012

Investering / m2

m2m2 rentable floor space verhuurbaar vloeroppervlak

Annual production space voor for CAWA per per m2 m2 Jaarlijkse productie ruimtes CAWA creatives creatievenand en subsidy de subsidie 14.000

Ontwikkeling broedplaatsruimtes bij stop productie 0,00 2013 2014

ontwikkeling subsidie ( per m2 vvo)

Productiecijfers perper jaaryear en cumulatief tot en met oppervlak bvoin gross surface floor area Production figures and cumulatively up to2015 andinincluding 2015 Development of total supply of creative incubators

Ontwikkeling totale voorraad broedplaatsruimtes 180.000 m2 bruto vloeroppervlak

m2 gross floor area

160.000 140.000 120.000 100.000 80.000 60.000 40.000 20.000 0

Production perjaar year Productie per (bvo m2) (m2 of gross floor area)

Cumulative production Productie cumulatief (bvo m2) (m2 of gross floor area)

Current creative incubators (cumulatief - afname) Huidige broedplaatsruimtes (cumulative – decrease)

Developmentbroedplaatsruimtes of creative incubator spaces Ontwikkeling bij stop productie at cessation of production

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVEINCUBATOR POLICY FOR AMSTERDAM

6

2015 – 2018

92

IN

Mixture of functions Many creative incubators accommodate inexpensive studios in combination with commercially rented business space and/or bars and restaurants. As social enterprises, creative incubators can generate sufficient income through the utilisation of inexpensive studios and operational planning and in doing so spread the risks.

Almost all creative incubators operate independently as social enterprises in the form of foundations and associations. They operate, rent out and plan the spaces. The expertise that the BBp has gained over the years has always been channelled back into the realisation of new creative incubators. The city also encourages the exchange of experiences and knowledge to strengthen the management of the creative incubators.

The creative incubators are located throughout the city. They vary in their significance for the local neighbourhood or district. Many creative incubators liaise with schools in the neighbourhood or with social enterprises that may be located in the incubator. Less visible are the numerous professional networks that arise in creative incubators through the tenants themselves.

Creative incubators are hubs where people from the artistic world, the neighbourhood, social enterprises, the business community and education interconnect.

A developing target group Creatives prefer to choose a creative incubator as their first location in Amsterdam. It offers them an affordable workplace between like-minded associates, where they can kick-start their careers. Many tenants of creative incubators are still uncertain about the direction their career will take. There are creatives who declare themselves to be artists and mainly concentrate on creating their own art. Occasionally, creatives develop into creative entrepreneurs or start-up companies. But there are also those who work part-time as a professional artist and part-time as a creative entrepreneur to meet their living costs. The target group is as such a mixed company with a common denominator: creativity. This policy document uses both the term ‘creative’ and ‘artist’. By the term ‘artist’ we mean individuals who call themselves such and who are focused on creating autonomous art.

The figure below indicates the development of the target group. The oval shape in the bottom-left indicates the volume of starting creatives. They generally move either in an artistic direction (left upwards) to become professional artists or more in the direction of applied work to generate income from the sale of products or services (right downwards). Many also choose the middle road (upper right) and combine autonomous art with creative entrepreneurship. The income of the majority of the creatives in the first years of their career is low and lies between €10,000 and €15,000 gross per year.

Tenant turnover in the base stock of CAWA studios and creative incubator studios The majority of the studios in the creative incubators experience a tenant turnover of five to 15

Career development of starting creatives artist/ creative entrepreneur

Years

creative/artist autonomous art combination

CAWA creatives

Years

creative entrepreneur (applied work)

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

7

OFF BROADWAY REPORT 2016 2015 – 2018

93

per cent per year. This concerns primarily creatives who demonstrate particular creative entrepreneurship and then move on to a more businesslike work location. The creative working as an autonomous artist is more steadfast.

The fact that artists remain longer in the creative incubators is the main reason for the low percentage of tenant turnover (three to five per cent) in CAWA studios, especially in the so-called ‘CAWA studio base stock’. This stock consists of well-priced studios owned and rented out by the city (about 370 units) or by corporations (about 700 units). Also part of the base stock are the approximately 275 studio dwellings owned and rented out by corporations. This base stock of studios and studio dwellings is in addition to the studios realised in the more than 60 creative incubators. Studios and studio dwellings from the base stock are rented to the CAWA creative individually by the owner or landlord. The owner of the creative incubator leases the incubator to an association or foundation (the creative incubator organisation), which in turn rents out the spaces in the building to individual CAWA creatives. The studios from the base stock are often clustered in older studio buildings. These studio buildings are situated in the pre-war districts and are extremely popular.

Influx Every year, new creatives hope to find a place in Amsterdam. Research carried out in 2013 and commissioned by the BBp in collaboration with the department of OIS (Onderzoek, Informatie en Statistiek - Research, Information and Statistics) has provided a clear picture of the influx of educated creatives to Amsterdam. It concerns approximately 1,000 to 1,500 new graduate creatives every year looking for a studio and often also an affordable dwelling. They are looking for studios that cost approximately €350 per month. The majority of respondents from the research indicate that a studio of at least 25 m2 would be sufficient. In addition, rehearsal space for dance, theatre and music is also needed.

Summary A total surface area of 170,000 m2 of creative incubator space has been realised at approximately 60 locations in the past 15 years. Many of these creative incubators will be an incubator for a period of three to 20 years. This role will then often be discontinued. The creation of new creative incubators is therefore necessary to maintain the total surface area and number of CAWA studios.

The target group consists mainly of starting creatives who develop into autonomous artists or into creative entrepreneurs, or a mixture of both. They want relatively small and affordable workspaces. The number of creatives looking for space is and remains high, approximately 1,000 to 1,500 per year.

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

94 2015 – 2018

8

Lard Buurman – photographer “Since 2001, I have had a studio in various creative incubators. The first was through housing corporation Ymere in Polderweg in the former Don Bosco School. Then in Krelis Louwenstraat, where I founded S104 with a couple of others. And now for the past ten years in De Wittenplaats in Westerpark, which I helped set up and where I have been a member of the committee for the past few years.

De Wittenplaats gave me the opportunity to work on long-term planning in my studio for the first time. The big advantage is that it suddenly becomes possible to invest time and money in the space and that you no longer have to work out of removal boxes. I can now equip my studio according to my professional requirements. In my case, this means a space where I can print large photos and where the light is adapted to working on computer monitors.

De Wittenplaats is a creative incubator with 16 studios. The majority of the studios are used by two or three creatives. In our building, there are photographers, designers and architects alongside ‘hardcore’ artists. Like Minds is a well-known theatre production company that is located here which focuses on young talent. It is this mix of disciplines that makes De Wittenplaats such a multifaceted place, where everyone interacts with each other. My website, for example, was designed by Onna Verwoerd, who occupies the studio above me.

In recent years, I rounded off my project Africa Junctions – Capturing the City. The book of the same name was published in the spring of 2014 by Hatje Cantz Verlag, an acclaimed German publisher of art and photography books. Since then I have had many exhibitions in the Netherlands and abroad in renowned museums, but also now in the Marinebureau, in the former commander’s residence at the Marineterrein in Amsterdam. Very successful, but often at cost price.

In practice, success in the arts also means an enormous increase in costs. That is why my affordable studio in De Wittenplaats, which was made possible by the creative-incubator policy, is worth so much to me. It lies at the very core of my artistic work.”

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVEINCUBATOR POLICY FOR AMSTERDAM

9

2015 – 2018

OFF BROADWAY REPORT 2016

95

3. Revised policy on the basis of six points The city government has approved a new studio and creative-incubator policy for 2015 – 2018 in line with its ambitions set out in the coalition agreement and with the analysis and results described above. In broad terms, it concerns maintaining and improving accessibility for new creatives looking for space, and thereby enhancing Amsterdam as an attractive stopover for creative talent and entrepreneurship.

This will be implemented by means of the following six points: 1. More space for new creative talent by encouraging increased turnover of studio stock 2. Review of the subsidy framework to encourage new creative incubators 3. Improved deployment of city-owned real estate 4. Registration, monitoring and control of the ‘base stock’ of studios 5. Retention of studio dwellings and realisation of additional dwellings 6. Seeking common ground with related policy areas 1. More space for new creative talent by encouraging increased turnover of studio stock The focal point of the new policy is to maintain accessibility for new creatives looking for work and/or living space. The city government considers it important that this group gets more opportunity to find an affordable and appropriate CAWA studio in Amsterdam. This requires a turnover of studio stock. This can be encouraged through assessment of creatives already renting accommodation.

Basic and top assessments The city government will assess all existing tenants and every candidate who wishes to rent a CAWA studio on the basis of a ‘basic assessment’ or a ‘top assessment’. The CAWA will carry out these assessments in collaboration with the city of Amsterdam. The candidates will also be assessed on income. The income may not exceed the limits set for being eligible for social housing (see Annex 2 and 3).

The basic assessment includes criteria for the type of creative profession, education, realised recent work, stipends and so forth. A candidate who meets the requirements of the basic assessment is designated a ‘CAWA creative’. The requirements of the top assessment are higher and include recommendations from art degree programmes and schools, and that the artist has won prizes and shown demonstrable excellent achievements that have enhanced Amsterdam as a city of art and culture. A candidate who meets the requirements of the top assessment is designated a ‘CAWA talent’ or a ‘CAWA renowned person’, irrespective of their age.

The basic premise when renting out a studio from the base stock is that the CAWA creative may rent this studio for a maximum of five plus five years, on the condition that the individual has a positive outcome to the basic or top assessment.

The CAWA will be requested to elaborate on their proposed ‘leniency scheme’ and to submit proposals to implement this in the studio and creative-incubator policy.

The CAWA will also be asked to examine and monitor what the maximum rental period of five plus five years will mean to artists who establish themselves in Amsterdam in the future.

The CAWA is given the express opportunity to include a clause that will enable the extension of the stated rental period of five plus five years.

Basic assessment The basic assessment will be instigated by the city government for candidates seeking to rent a CAWA studio in a newly realised creative incubator. In addition, all tenants of studios from the base stock will undergo the basic assessment in the coming years. In the event of a positive outcome to the basic assessment, the tenant may continue to rent the studio as a CAWA creative for a new period of five years. Should an existing tenant not meet the requirements of the basic assessment, the landlord will terminate the rental contract as soon as possible. In principle, interested CAWA creatives will have the opportunity to rent CAWA studios in newly realised creative incubators for a maximum of five plus five years. With this policy, the city government intends to encourage tenant turnover at new creative incubators.

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

2015 – 2018 96

10

IN

Top assessment This assessment will be instigated by the city government when a CAWA studio is made available from the base stock as a result of a termination of contract. This will lead to the gradual influx of more creatives with a positive outcome to the top assessment into studios from the base stock. If no top-assessment candidates are available for a studio from the base stock, the studio may be assigned to a candidate who meets the requirements of the basic assessment.

Inventory management of the base stock All relevant details about the studios from the base stock were transferred to a database managed by the BBp in 2015. The city government aims to record the details of all the studios and studio dwellings under the management of the city and the corporations in this database.

Building a complete database, in which all studios from the base stock and their contractual details are recorded, will consolidate them as CAWA studios. The city will do this with the corporations.

Existing creative incubators The existing creative incubators set up with city subsidies since 2000 have their own approach to selection, system of balloting, rent, tenant profiles, rent levels and rental periods. This approach will remain in effect, in line with their own statutes, regulations, mutual agreements and such like. To encourage tenant turnover of studios in Amsterdam (and with it the accessibility of the city to new talent), the city government calls on the managers of creative incubators to follow the revised policy of a maximum rental period of five plus five years and to allocate spaces on the basis of a top assessment. This request is not intended to be mandatory, but appeals to a collective sense of urgency to provide new creatives with greater opportunity to find accommodation.

Overview of changes concerning ‘More space for new creative talent by encouraging increased turnover Subject

Old situation

New situation

Rental period of studios from the base stock

Mostly unlimited

- Now (as of 10/02/2016) existing tenants: rental period of five years - New tenants: maximum five + five years

Assessment of current tenants of base stock

An assessment of artistic work only at termination of rental contract

Basic assessment of all current tenants in the coming years

Rental period of studios in new creative incubators

Mostly unlimited

Rental periods of maximum ten years, divided into five plus five years

Tenant turnover of studios in current creative incubators

No measures or requests

Request for tenant turnover

2. Review of the subsidy framework to encourage new creative incubators The city government will continue to play its part in helping to realise at least 10,000 m2 of new creative incubators every year. In the creative incubators, the percentage of floor space occupied by CAWA studios varies between 40 and 100 per cent of the total. From experience over the past decade, in many cases, it will involve temporary creative incubators (three to ten years). The range of expensive real estate in Amsterdam offers limited opportunities for creative incubator developers and managers to purchase buildings or to rent these inexpensively for longer periods. In addition to the new creative incubators, the city government aims to realise new CAWA studios for the base stock and creative incubators, which will remain available to the target group for as long as possible.

One-off subsidy The previous creative-incubator policy contained a maximum contribution of €250 subsidy per m2 of gross floor area for realised CAWA studio space in the creative incubator, based on an operating period of ten years. This contribution was then reduced proportionately.

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

11

OFF BROADWAY REPORT 2016 2015 – 2018

97

A creative incubator with a planned operating period of four years, for example, would have a reduction factor of 4/10. In such a case, the maximum amount of subsidy paid out per m2 of gross floor area of CAWA space would be 4/10 * €250 = €100 per m2.

In the new policy, the city government will maintain the amount of subsidy per m2 of gross floor area at €250, irrespective of the operating period. The reduction factor on the amount of subsidy will be discontinued. Subsidised projects should as a rule yield a creative incubator that will be operating for at least three years. The maximum amount of subsidy to be paid out for a creative incubator that is operating for four years, for example, will amount to €250 per m2.

The method used to calculate the necessary amount of subsidy will remain as stringent as before. Based on the exploitation, the BBp will calculate whether the creative incubator developer can take out a bank loan. The difference between what can be borrowed from the bank based on the exploitation and what is required to implement renovation can be subsidised.

As of 2015, there is more than €8 million still available for the creative-incubator policy. This includes the budget stated in the coalition agreement and previously allocated resources from the investment budget for urban regeneration. The specifications of this budget are set out in Annex 4. This long-term budget makes it possible to realise the ambition of at least 10,000 m2 of creative incubators per year.

The granting of subsidy to non-city parties will take place in accordance with the 2013 Amsterdam General Subsidy Scheme (Algemene Subsidieverordening Amsterdam). The BBp and the Social Subsidies and Procurement Unit (RVE Subsidies en Inkoop Sociaal) are working on a new Creative Incubator subsidy scheme.

Revolving fund Many creative incubators start life as a temporary initiative and are continued longer than anticipated. The continued operation for longer than anticipated can lead to a financial surplus in the following years. The city government considers it an interesting proposition to place such a surplus in a revolving fund so that new creative incubators can be financed. The college of mayor and alderpersons will submit further proposals in due course and present them to the city council.

Floor space determines amount of subsidy The amount of subsidy to be paid out per project is determined by the floor space that is realised in the creative incubator for CAWA usage. This should cover at least 40 per cent of the total floor space. The remaining amount of maximum 60 per cent floor space need not be reserved as CAWA studio space, but should be an integral part of the creative incubator’s overall concept. It may involve bars and restaurants, business premises, dwellings and social-cultural programmes, for example.

Maximum amount of rent For creative incubators with a CAWA surface area of at least 40 per cent, the CAWA creatives will each pay a maximum of €300 per month for their studio or workspace, excluding water, electricity, heating and internet, and any VAT. Creatives may also share a studio if they so wish and when a studio is large enough. The amount of rent for users of a shared studio should be determined within reason together with the creative incubator’s owner, depending on the surface area and periods of use, but on the understanding that shared use of a studio results in a deduction in the amount of rent paid per person.

In the neighbourhoods found less popular among creatives or in relatively unknown city development areas, creative-incubator initiators or developers should take into account lower rent prices when applying for subsidy (a minimum of €150 to a maximum of €300 rent per month for every CAWA creative).

These principles also apply to the realisation of studio dwellings. A studio dwelling is subject to the maximum social rent limit, excluding water, electricity, heating and internet, and any VAT. Every year, these figures are indexed according to the central government’s consumer price index.

The aforementioned minimum and maximum amounts of rent only apply to new creative incubators to be realised in the future. They do not apply to existing or new rentals of CAWA studios from the base stock owned by the city, corporations, commercial parties or creative-incubator managers.

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

98 2015 – 2018

IN

12

Prevention of infeasible projects The previous policy prescribed that a CAWA studio in a new creative incubator may have a maximum rent of €59 per m2 of rentable floor space. This limit led to a number of infeasible projects in recent years. If we were to maintain this policy, this scenario would repeat itself, taking into account the limited real-estate market in Amsterdam. Introducing a maximum price per month per space for a creative could attract commercial parties to realise smaller studios in locations such as vacant office buildings. However, this does not mean that the realisation of larger studios, for which there continues to be a limited demand, should be abandoned. It is desirable to realise a number of larger studios in every new creative incubator.

Relinquish credit ceiling Financing is possible for the realisation of creative incubators through Triodos Bank’s creative incubator loan guarantee fund (Borgstellingsfonds Broedplaatsen). The current situation limits loans from this fund to the total floor space of the CAWA studios, as is the case with the system of subsidies. The city government is abandoning this credit ceiling. The Triodos Bank can therefore determine the maximum amount of loan that is possible by taking into account the entire operation of the creative-incubator plan. The bank will then come to an agreement with the BBp on the extent of the credit. A higher credit amount means that the entrepreneurship of the creative-incubator developer will be drawn on in full, in which case a lower amount of subsidy would suffice.

Discontinuation of subsidy for flexible workplaces The previous policy made provision for subsidisation of flexible workplaces. These are workplaces for creatives who work with a laptop at inspirational locations. However, the rise of commercial initiatives that offer such workplaces (such as Spaces, the Hub and WeWork) makes subsidisation superfluous. The pricing of these commercial providers is below the level that CAWA creatives can afford for a workplace. This means that the market already meets the need for affordable flexible workplaces in Amsterdam. The subsidy scheme to realise such flexible workplaces has therefore been discontinued.

Existing creative incubators and free refuges Existing creative incubators are required to send their annual report and annual statement of accounts to the BBp every year. In order to appraise the growing number of annual reports and annual statements of accounts, and to undertake measures where necessary, the BBp has partnered up with the Cultuur + Ondernemen foundation. This organisation has the necessary background and expertise to collect the information, to analyse it and to advise the BBp and the CAWA on the state of affairs within each creative incubator. This advice enables the BBp and CAWA to continue their joint state of affairs discussions with the creative incubators. In addition to existing and new creative incubators and CAWA studios from the base stock, Amsterdam also has a number of so-called free refuges. These are locations that have arisen as a result of squatting. They are often unregulated complexes where residents and workers determine their own affairs. The city recognises the importance of these free refuges for the creative city. Preservation of free refuges is not always possible and sometimes clearance is unavoidable following a court ruling.

Overview of changes concerning ’Review of the subsidy framework to encourage new creative incubators’ Subject

Old situation

New situation

Maximum rent for CAWA creative

€59 per m2 of rentable floor space per year

€300 per month

Revolving fund

None

Assess possibilities

Reduction of amount of subsidy based on operating period

Proportionate reduction based on an operating period of ten years

No reduction based on operating period

Loan from the Triodos Bank Borgstellingfonds Broedplaatsen

Maximum based on the CAWA floor space and operation

Maximum based on the operation

Flexible workplaces

Non-recurrent subsidy of €250 per m2

No longer subsidised

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

13

2015 – 2018

OFF BROADWAY REPORT 2016

99

3. Improved deployment of city-owned real estate Much of the available city-owned real estate (such as former school buildings, commercial and office real estate) is suitable to be transformed into temporary or permanent creative incubators. The Estates department is the portfolio holder of approximately 1,450 objects on behalf of the city.

A new system was developed within the city in 2015 (Programma Transformaties) to analyse vacated real estate and to match this with city policy goals and target groups. The studio and creative-incubator policy offers the possibility of renting city-owned buildings to creative-incubator initiatives on these grounds.

This takes place on the basis of a cost-covering level of rent. The city has implemented a system whereby transformation and administrative decisions are prepared under the direction of the city body to sell buildings or to rent these out in a responsible way as creative incubators, for example. The city real-estate holdings will play a crucial role in the realisation of new creative incubators in the coming years. In this, the policy frameworks and ground rules, such as those determined by the city council for city-owned real estate, are applicable.

Overview of changes concerning ’Improved deployment of city-owned real estate’ Subject

Old situation

New situation

Ownership and control

In city districts and central city

Only in central city

Rental policy

Various levels of rent

Cost-covering rent

4. Registration, monitoring and control of the ‘base stock’ of studios The city and corporations jointly own approximately 1,100 studios and 275 studio dwellings.

This is known as the ‘base stock of CAWA studios and studio dwellings’. The city will continue to maintain its share of this base stock as much as possible and rent this stock out at a cost-covering rate (i.e. not in line with the prevailing market). The city is currently building a database together with a number of corporations containing information about the studios from the base stock. Corporations can retain studios or sell them. It is desirable that, on the basis of the revised policy, corporation studios remain affordable for CAWA creatives. When renting out studio dwellings, the city will apply the top assessment and a maximum rental period of ten years, as set out in policy issue 1.

Overview of changes concerning ‘Registration, monitoring and control of the base stock of studios’ Subject

Old situation

New situation

Registration

Only with the landlords

Centrally with the city

Monitoring

Varies per landlord

Centrally with the city

Control

Little or none

Centrally through basic and top assessment

5. Retention of studio dwellings and realisation of additional dwellings Together, corporations possess an estimated 275 studio dwellings. Once a CAWA creative has moved out of a studio dwelling, corporations occasionally sell the property on the housing market. The city government wants to call a halt to this practice by including it in the details of the cooperation agreements1. The city is working on this.

Another component included in the cooperation agreements is the introduction of five-year tenancy agreements. In combination with the top assessment, this provides opportunities for tenant turnover in studio swellings.

In addition, the city government is making a further €1.1 million available to encourage developers to include new studio dwellings in their housing plans. The Land and Development department is incorporating this in the preconditions set for urban planning and in the granting of leaseholds in the development areas.

1

Cooperation agreements of 11 June 2015, bearing the subtitle “Agreements between the Amsterdam Tenants

Association, the Amsterdam Federation of Housing Corporations and the city of Amsterdam”

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

100 2015 – 2018

14

IN

Overview of changes concerning ‘Retention of studio dwellings and realisation of additional dwellings’ Subject

Old situation

New situation

Initiative for new-build studio dwellings

No agreements

Separate budget as an incentive

Conversion of studio dwelling into dwelling

No agreements

Prevention through cooperation agreements

Inclusion of studio dwellings in local development plans

No agreements

Inclusion in local development plans

6. Seek common ground with related policy areas The city government asks new creative-incubator initiatives to indicate the projected added value for the city of Amsterdam in their plans and to include other policy areas of the city in this. Where possible and for each available building, the city government proposes a profile to be drawn up for new creative incubators, taking other policy areas into account. These policy areas are: Arts & Culture Framework Memorandum 2017 – 2020 The memorandum recognises the substantial social and economic importance of arts and culture in the city. The development of talent is a key issue in the memorandum. This is also incorporated in the creative-incubator policy in the form of the 3Package Deal, for example. A number of creative incubators are specifically directed at providing accommodation for creative talent, such as WOW, Lab111 and De Wittenplaats. In the revised policy, the city government is attentive to introducing a stringent assessment so that creative talent has a greater chance of finding a suitable studio.

The concept of the ‘multipolar city’ is interwoven in the ambitions of the framework memorandum and the studio and creative-incubator policy. Creative incubators bring together networks of creatives, education, community planning and local residents. Creative incubators are where curators, social enterprises and creatives work on objectives related to the local community. The creative incubator WOW in the Kolenkit District, for example, links initiatives of the ‘Academie van de Stad’ foundation and the ‘VoorUit Project’ to creative talents living at WOW. They help local children in projects to photograph their own neighbourhood and to exhibit these photos at WOW. A similar collaboration is taking place in Amsterdam-Noord with the Broedstraten project and in Amsterdam-Zuidoost from the creative incubators Wijk7 and Echtenstein. Related cultural centres such as the Tolhuistuin and Podium Mozaïek have also been co-financed with money from the creative-incubator fund.

City Districts Creative incubators form an ideal base for neighbourhood-oriented activities in the area of art and culture. The city districts have funds available for helping to initiate such activities and thereby strengthen the creative incubators. This city district policy encourages the emergence of new creative incubators and, after completion, the significance they have for the neighbourhood. Local development plans and agendas and memoranda of objectives form the basis for motivating the establishment of creative incubators in these areas.

Crossovers Art and cultural education has clearly evolved in recent years and covers a broad scope of disciplines. Cultural entrepreneurship and crossovers between creatives and entrepreneurs have become an essential part of various study programmes. The Top Team for the Creative Industry at central government level has also provided direction and forms part of the basis of the start-up environment that has been deployed nationwide. Amsterdam’s new creative-incubator policy can assist in this development by including topics such as traditional crafts, cultural education, digitisation, media and crossovers in new creative incubators. Creative incubators form stimulating working environments that increase the likelihood of successful crossovers between creatives and start-ups and innovative activity.

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAMOFF

2015 – 2018

15

BROADWAY REPORT 2016

101

Course 2025 The city government is working on exploiting opportunities in regional development and transformations in the ring zone. This orientation is in line with the ambitions to be set out in the spatial-policy document ‘Course 2025’ (Koers 2025). It concerns realising new creative incubators in those areas that are still unknown to many Amsterdam residents. These developments are under the direction of the City Development department.

City in Balance Also benefiting from the location of creative incubators within the ring zone and beyond is the distribution of cultural public facilities and nightlife. These ambitions are included in the memorandum ‘City in Balance’ (Stad in Balans). Bars and restaurants that set up in creative incubators contribute to the desired dispersal of nightlife. Examples of this are the NDSM (Noord), Old School (Zuid) and recently Radion/ACTA (Nieuw-West). These locations have been issued with 24-hour licences for use as a catering establishment.

The Amsterdam Metropolitan Area The realisation of creative incubators is not only limited to the city boundaries. Creative incubators (such as Honigfabriek Zaanstad and Het Domijn in Weesp) have also been made possible in the Amsterdam Metropolitan Area due in part to the deployment of Amsterdam creative-incubator resources. The opportunities for transforming affordable real estate into creative incubators will increasingly arise in the metropolitan area outside Amsterdam, given the fact that property prices in Amsterdam are significantly higher. The city will discuss the realisation of new creative incubators in collaboration with Economic Affairs in the Regional Economic Structure Platform (PRES).

Development sites Ontwikkel locaties 1.

2.

3.

4.

2 3

5.

6.

7.

8.

9.

5 1

4

Sluisbuurt, Sluisbuurt, Zeeburgereiland Zeeburgereiland Elzenhagen Elzenhagen zuid zuid Houthavens Houthavens Ringzone Dr. Ringzone West West (Jan (Jan Evertsenstraat Evertsenstraatand en Dr. Jan Jan van van Bremenstraat) Bremenstraat) Sloterdijk Sloterdijk Zuidas Zuidas Amstelkwartier Amstelkwartier Bijlmerbajes Renewal Bijlmermeer Vernieuwing Bijlmermeer

Target area forvoor development of new Doelgebied ontwikkeling creative nieuweincubators Broedplaatsen Current creative incubators Huidige broedplaatsen

6

7

8 9

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVEINCUBATOR POLICY FOR AMSTERDAM

2015 – 2018

102

16

Land development and target areas The map above provides an overview of the areas of primary interest for developing creative incubators. The ‘target areas’ (indicated by green dotted circles) are areas where the city government wants to realise more creative incubators in the coming years. There is more diversity in people and activities desired in these zones. Naturally, opportunities arising to transform affordable real estate outside of these zones into creative incubators will continue to be taken.

In addition, there are a number of ‘development sites’ (indicated by red numbers) particularly earmarked for housing which could benefit from the location of creative incubators through ‘place making’. The City Development department will preferably reserve the real estate allocated for social programmes in the land-utilisation budget for the realisation of additional square metres of creative incubators.

Added value for the city On the basis of these policy areas, the city government asks the CAWA to work with the BBp to assess the plans for new creative incubators more stringently on their added value for the city.

To this end, an assessment framework has been drawn up for new creative-incubator initiatives on the basis of four themes: cultural, social, economic and spatial. The four themes are set out in criteria in Annex 1 to enable the CAWA to assess the plans.

The objective is to choose a specific profile for the creative incubator for each available property that would realise the most added value to the city. This depends on things such as the location, type of building and zoning plan. The BBp will steer the process to realise that profile.

Summary On the basis of six points (tenant turnover, new studios and creative incubators, city-owned real estate, management of base stock, additional studio dwellings, common ground with related policy areas), the city government has reviewed the policy and framework for realising additional work and living space for the target group of CAWA creatives and for connecting creative incubators with related policy areas. Through consultation with city districts, new creative incubators can enhance certain areas.

Daniëlle Hooijmans – stage designer (photo by Carmen Dávila) “De Modestraat creative incubator offers a safe, affordable and open space for new collaboration and for developing yourself further as an artist. De Modestraat consists of a diverse team of designers and artists. Through their own expertise, everyone contributes to the programme and atmosphere of De Modestraat. In the coming period, I will be working on a new educational programme, providing fashion and design classes to promote identity development in young people. I think young people are faced with a big question about who they really are and their place in the world, because many people are from different cultures and sometimes get lost in the world of adults.”

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVEINCUBATOR POLICY FOR AMSTERDAM

17

2015 – 2018

OFF BROADWAY REPORT 2016

103

4. Bijlagen TANNEX 1: CAWA assessment framework for creatives and creativeincubator initiatives The CAWA assesses (1) candidates for studios and (2) creative-incubator initiatives applying for a subsidy for transforming a building into a creative incubator.

1. Candidates for studios The CAWA assesses candidates who want to move into a new creative incubator or studio in an existing incubator or a studio or studio dwelling from the base stock. To do so, the CAWA uses a basic assessment and a top assessment.

The basic assessment includes criteria for the type of creative profession, education, realised recent work, stipends and so forth. A candidate who meets the requirements of the basic assessment is designated a ‘CAWA creative’. The requirements of the top assessment are higher and include recommendations from art degree programmes and schools, and that the artist has won prizes and shown demonstrable excellent achievements that have enhanced Amsterdam as a city of art and culture. A candidate who achieves a positive outcome to the top assessment is called a ‘CAWA talent’ or a ‘CAWA renowned person’, irrespective of the person’s age.

The candidates will also be assessed on income. The income may not exceed the limits set for being eligible for social housing.

2. Creative-incubator initiatives applying for a subsidy for transforming a building into a creative incubator Every creative-incubator initiative that believes it needs subsidy applies to the BBp. After being introduced to the approach and to the creative-incubator policy, the creative-incubator initiative will be instructed on how it can submit an application via the Broedplaatsen service point ‘Loket Broedplaatsen’. One of the first steps is to draw up a vision document. This document should contain all matters to enable the CAWA to draw up its recommendation for the college of mayor and alderpersons Once the vision document has been approved, the creative-incubator initiative can develop the plans further on the basis of the Broedplaatsen road map.

The CAWA assesses each application on the basis of a number of conditions that have been summarised below.

A: The plan contains a clear vision or concept and describes the added value for the city in cultural, social, economic and spatial contexts. The plan must demonstrate that the CAWA component and non-CAWA component form a whole and serve the aims of the concept. In this, the following criteria apply: A1: Cultural The creative-incubator plans include an overview of endeavours the creative-incubator initiative plans to undertake to realise the objectives: • sufficient workspace for CAWA creatives (more than 40 per cent of the floor space); • forge links with existing networks of art schools and institutions; • convey the creative incubator’s artistic and cultural activities at municipal, national and international level.

A2: Social The creative-incubator plans include an overview of endeavours the creative-incubator initiative plans to undertake to realise the objectives: encourage mutual collaboration between all participants of the creative incubator; BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

104 2015 – 2018

18

IN

• realise an optimum working environment for the tenants; • realise neighbourhood-oriented activities in collaboration with local residents, entrepreneurs, schools, corporations, social work, city districts, etc.

A3: Economic • The creative-incubator plans include an overview of endeavours the creative-incubator initiative plans to undertake to realise the objectives: provide accommodation for creative talent with ambition for entrepreneurship and growth; • forge links between the renting creative talent and existing networks in the business community, education and knowledge institutes and such like; • accommodate creative activities or those related to the crafts in the creative incubator and indicate the intended endeavours to be introduced by the initiative to encourage collaboration between these tenants.

A4: Spatial The creative-incubator plans include an overview of endeavours the creative-incubator initiative plans to undertake to realise the objectives: • increase the attractiveness of the location for potential tenants; • increase the visibility of the creative incubator for the local residents, workers or those involved in the area; • organise activities to get people outside the area acquainted with the creative incubator.

B: CAWA surface area: • at least 40 per cent of the creative incubator’s total surface area must be utilised by CAWA creatives who meet the requirements of the assessment. This may be on the basis of either the basic or top assessment; • this surface area designated for CAWA usage should be indicated in an overview and on a set of 1:100 drawings.

C: Governance The plan must include a proposal on the governance of the organisation or organisations in compliance with the governance code for the cultural sector ‘Governance Code Cultuur’ (2014) published by Cultuur+Ondernemen. In broard terms, it concerns a well-reasoned choice for a management model or a supervisory model. Creative-incubator initiators that decide not to choose the form of a foundation or association will need to justify their choice.

D: Finances The plan must include: • the amount of rent and the rental period agreed with the owner/landlord; • a specification of the investment costs and long-term operational costs; • a specification of tenancy or subtenancy per month for studios for CAWA creatives and other spaces for non-CAWA tenants.

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

19

OFF BROADWAY REPORT 2016 2015 – 2018

105

ANNEX 2: CAWA wheel and explanation CAWA wheel for the basic assessment and top assessment 1. Education and skills 1.

5.5.

Motivation and the future

Applications for various financing

Education at Bachelor’s level

Intended use of studio Planned collaboration with reputable institutions

Positive reviews

4.4.External recognition

Frequently performed, exhibited or sold work Recommendations, stipends and/or awards from reputable organisations and/or experts

Awards

Reputable education at Master’s level

References from people of good standing Recently completed high-quality work

Presentations, performances or exhibitions at reputable institutions

Stipends and grants

Courses

Masterclasses with reputable artists

Proven recently completed work

2.2.

Produced work

Presentations, performances, openstudio days Up-to-date website, publications Community art

3.

3. External visibility

Zone basictest Zone toptest

Explanatory notes to the CAWA wheel for the basic assessment and top assessment 1. Introduction The CAWA assesses interested parties who want to rent a CAWA studio. To carry this out, the CAWA has refined its assessment framework. In consultation with the city, this has resulted in a so-called ‘basic assessment’ and a ‘top assessment’. A candidate who meets the requirements of the basic assessment is called a ‘CAWA creative’ and of the top assessment is called a ‘CAWA talent’ or a ‘CAWA renowned person’. The basic assessment is lighter than the top assessment.

2. Application form Prior to the assessment, the interested creative who wants to move into a CAWA studio will need to complete a digital application form on the Bureau CAWA website (located under the department of Housing), filling in his or her CV, artistic details and achievements. The interested creative will also provide his or her discipline on the basis of the list of professions for culture and entrepreneurship. Please consult: www.amsterdam.nl/kunstencultuur/werkplekken/ateliers/toetsing/beroepenlijst/ 3. Main criteria Following a positive outcome to the check on the list of professions, the candidate can continue with the basic or top assessment. In this, five main criteria apply. The CAWA uses these criteria as a guideline in its assessment of the quality of the creative and of his or her work.

1. Education and skills 2. Produced work 3. External visibility 4. External recognition 5. Motivation and the future BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVEINCUBATOR POLICY FOR AMSTERDAM

20

2015 – 2018

106

IN

Re 1 For the basic assessment, education or knowledge at higher professional education (HBO) level is required. For the top assessment, specific further education at Master’s level or equivalent education at reputable institutions or via masterclasses is required. Autodidact candidates will need to have been running their own practice for at least four years to meet the requirements of the top assessment.

Re 2 Produced work should be predominantly recent. The CAWA can decide upon the quality of the produced work on the basis of artistic and technical qualities. The required level differs for the basic assessment and the top assessment. The CAWA may choose to call in external expertise to help it reach its decision.

Re 3 Visibility begins with an up-to-date website and printed media such as brochures, newspaper articles and such like. Exhibitions and open-studio days also count as visibility. It concerns the intention and efforts made by the candidate to become visible, at least at a local level. The top assessment requires visibility at a reputable level (national and international), with exhibitions or performances in theatres, museums and established galleries.

Re 4 Recognition concerns positive reviews made by critics or recognised art institutes and schools (references). Recognition is also linked in part to visibility. Recognition is particularly concerned with positive responses resulting from this visibility.

Re 5 The candidate will need to explain in writing what his or her artistic plans are for the coming years and to provide reasons for why the desired studio fits in with these ambitions and future plans. For a top assessment, the candidate should indicate any collaboration with reputable institutes that are in the pipeline.

4. Practical implementation The assessment procedure takes place via the Bureau CAWA website. CAWA manages, edits and maintains the site. For candidates, this is the service point for assessment.

A creative talent can create his or her profile on the site by completing the digital application form. This profile provides all the information about the candidate that is relevant to his or her assessment, collected in a digital file along with the curriculum vitae, portfolio, publications, reviews and so forth. The candidate is responsible for the quality and completeness of this digital file. The candidate is also responsible for responding when he or she sees that a studio from the base stock becomes available on the CAWA website or when he or she wishes to move into a studio in a new creative incubator. The candidate should indicate on the application form that he or she wishes to undergo a basic assessment or a top assessment and must ensure that his or her profile is in order to enable the CAWA to carry out the assessment.

Bureau CAWA will then carry out the basic assessment under the supervision of the CAWA and award scores to the main criteria. Bureau CAWA will refer cases of doubt to the CAWA. Applications for a top assessment are always referred to the CAWA. The CAWA will then make its decision. Following the decision, Bureau CAWA will draw up a letter containing the results of the assessment and will send this to the candidate and the landlord/creative-incubator manager.

It is possible to call in ad hoc committees or subcommittees, especially in the case of top assessments. It is also possible to call upon the network of institutes and study programmes in line with the 3Package Deal to help come to a decision on the quality of the candidate and his or her work.

Any interested candidate may create a profile on the CAWA website. This may be done before the interested candidate wishes to apply for a specific studio. Creating a profile involves oneoff costs and thereafter annually.

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

21

OFF BROADWAY REPORT 2016 2015 – 2018

107

ANNEX 3: List of professions

108

Visual arts Profession Audiovisual artist Sculptor Conceptual artist Cross-media artist Photographer Glass artist Graphic artist Ceramicist Performance artist Painter Illustrator Virtual artist

Work area 3D Autonomous Conceptual Documentary Film Installations Internet Monumental Public space Performance Comics/cartoons Video art Community art

Design & architecture Profession Animation designer Architect Interior designer Goldsmith Graphic designer Illustrator Industrial designer Lighting designer Fashion designer Spatial designer Textile artist Stage designer Web developer

Work area 3D design Accessories Communications Ready-to-wear clothes DĂŠcor Printed materials Film Games Buildings Haute couture Interiors Internet Costumes Landscapes

Furniture Public space Product design Jewellery Comics/cartoons Textiles TV Community art

Dance & theatre Profession Actor Circus/variety artiest Choreographer Dancer Entertainer Director Producer

Work area Cabaret DĂŠcor Drama Entertainment Film Folklore Contemporary ballet Young people Classical ballet Comedy Costume

Light Mime Modern dance Musical Music theatre Performing Puppetry Stand-up Street Television Theatre Community art

Music Profession Arranger Composer Conductor DJ Musician Producer Singer/songwriter Singer

Other Profession Animator Art director Poet Film maker Librettist Literary author Literary translator Programme maker Scriptwriter Sound designer Lyricist VJ

OFF BROADWAY REPORT 2016

Work area Brass Brass band Film music Wind and percussion Contemporary music Jazz Chamber music Classical music Light music

Work area Cartoons Comedy Documentary Drama Essay Events Festivals Film Young people Musical Music theatre Opera Novels

Musical Opera Early music Pop music Symphony Theatre Urban Modern world music Community art

Feature films TV Community art

109

ANNEX 4: Financial perspective 2015 – 2018 €4 million non-recurring has been earmarked for the BBp in the coalition agreement (€1 million per year). The BBp also has unused funds available from the investment budget for urban regeneration (ISV Fonds) from previous years. The following table provides a financial perspective for 2015 – 2018 with expected budgets and expenditures.

Available resources Investment budget for urban regeneration 2008

€ 1,975,000

Investment budget for urban regeneration 2009

€ 1,500,000

Investment budget for urban regeneration 2010

€ 1,000,000

Allocated prioritised funds 2015

€ 1,000,000

Prioritised funds 2016, 2017 and 2018

€ 3,000,000

Total

€ 8,475,000

Expected required expenditure PMB staff (4 years x €500,000)

€ 2,000,000

External services and products (4 years x €200,000)

€ 800,000

Real-estate projects from 2014 (Compulsory)

€ 860,000

Real-estate projects 2015, 2016, 2017, 2018

€ 3,750,000

Subtotal required Allocated portion for additional studio dwellings

€ 7,410,000 € 1,065,000

The BBp’s objective is to realise 10,000 m2 of creative incubators per year. On average, 12,000 m2 of creative incubators are realised per year. This means that in the current administrative term of four years approximately 50,000 m2 of creative incubators will be realised. About 50 per cent of these realised creative incubators consist of studios for CAWA creatives. That is 25,000 m2 of CAWA studio space. The average subsidy provided is in practice €150 per m2 of studio space for CAWA creatives. This means that for the current administrative term of four years €3.75 million is needed for the total amount of m2 of creative incubators to be realised. This has been calculated as follows: 25,000 m2 x €150 per m2 studio space for CAWA creatives = €3.75 million. In order to fund the necessary €3.75 million budget to realise sufficient real-estate projects in four years, investment budget for urban regeneration is available. Initially, the ‘old’ money from 2008 will be utilised. This will be followed by the more recent urban regeneration funds from 2009 and 2010. And on top of this is the 4 x €1 million earmarked in the coalition agreement. The amount of €1.065 million (see table) is available for additional efforts to realise new studio dwellings for, among other things, the top creative talent, together with developers and corporations. The deployment by the city of project management and advice/services is also covered by the prioritised funds. The deployment of civil servants will be coordinated from the Project Management unit and will amount to €0.5 million a year for staff, working as the BBp on the supervision of real-estate projects, non-real-estate projects and procedures.

This amounts to a total of €2.0 million for four years. The Project Management staff (procedural costs) will work for approximately two-thirds of their time on real-estate projects. This means that the total projected expenditure directly related to real-estate production will be approximately 80 per cent of the total budget in the coming years up to and including 2018.

Funding is also necessary for the deployment of external services and products, which includes studies, communication advice and support for the CAWA administration. This amounts to a maximum of €0.2 million per year. Over four years, this amounts to €800,000 for advice/services.

Triodos Bank creative incubator loan guarantee fund In 2010, the city was the first to sign an agreement with Triodos Bank for the purpose of providing loans to creative-incubator initiatives. Up until now, five loans have been granted for a sum of €900,000. BBp stands surety for 90 per cent for these loans. The total loan facility amounts to €4.0 million.

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM 110

2015 – 2018

24

I

ANNEX 5: Roles and positions Numerous parties are involved in the actual realisation of creative incubators. In order to achieve the necessary collaboration and synergy in creative-incubator projects, clarity is needed on roles and positions.

Commission for Studios and Living/Working Spaces in Amsterdam (CAWA) This external and independent advisory committee advises the City Executive and has existed since 2008. It has, in accordance with the CAWA Regulations, three tasks: 1 to provide solicited and unsolicited advice to the City Executive 2 to assess individual creatives 3 to assess creative incubators The CAWA retains these tasks and will fulfil them as follows: 1 Advice The CAWA will continue to provide solicited and unsolicited advice on all issues related to the city’s studio and creative-incubator policy.

2 Assessment of individual creatives The CAWA will carry out the basic assessment and the top assessment. In doing so, the CAWA can call in relevant expertise in the area of artistic ability and artistic quality. Such expertise is available in the wide variety of art institutes and programmes and creative incubators present in Amsterdam.

3 Assessment of creative-incubator plans The CAWA will utilise a number of criteria to assess new plans for the realisation of a new creative incubator in line with the Broedplaatsen road map. These criteria are listed in Annex 1.

CAWA creative All creatives who meet the requirements of the basic assessment conducted by the CAWA. These creatives are eligible to rent a CAWA studio. Creatives themselves take the initiative to undergo an assessment.

CAWA talent and CAWA renowned person All creatives who meet the requirements of the top assessment conducted by the CAWA. These creatives are eligible to rent a CAWA studio and take priority over creatives who have passed the basic assessment only. This priority applies to the allocation of studios from the base stock of CAWA studios. These creatives also take the initiative to undergo an assessment.

Creative-incubator initiatives Crucial in the development of new creative incubators are groups of creatives and organisers who together want to transform a building into a creative incubator. They find a location or vacant building themselves that inspires them. With their global plan, they can then request a meeting with the BBp to explore the possibilities. Once the broad terms of transformation possibilities have been discussed, the initiative can use the Broedplaatsen road map to take the necessary steps towards turning a concept into an actual creative incubator.

Creative-incubator developers In Amsterdam, there are a number of creative-incubator developers active, of which the Urban Resort foundation is the largest, with twelve creative incubators realised. Self-employed entrepreneurs are also active in the realisation of new creative incubators. Preferably, such parties will not only develop the creative incubator but will also manage and run it as well. During the development of the creative incubator, the developer will work closely with the BBp for advice, project management, networking and financing.

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

INCUBATOR POLICY FOR AMSTERDAM

25

OFF BROADWAY REPORT 2016 2015 – 2018

111

Department of Project Management/Bureau Broedplaatsen The BBp advises creative-incubator initiatives on all relevant issues in realising the creative incubator. The BBp is able to utilise its extensive network in the world of real estate and in the city. In consultation with the initiative, the BBp provides project management when needed, whereby it is paramount that the creative-incubator initiative functions as a social enterprise.

The BBp arranges the financing of new creative incubators on the basis of Triodos Bank’s creative incubator loan guarantee fund and/or city subsidy. The BBp facilitates knowledge enhancement and exchange among existing and new creative-incubator developers.

Together with a number of property owners, the BBp organises competitions inviting initiatives to transform a building into a creative incubator. The BBp manages the database containing the data of base stock studios and studio dwellings.

Housing Housing provides administrative support to the CAWA and carries out the secretarial duties.

Housing maintains an overview of studio dwellings owned by corporations. Housing is responsible within the city for arrangements with the corporations concerning such things as studio dwellings.

Arts and Culture Arts & Culture draws up and carries out art and culture policy on the basis of the Arts & Culture Framework Memorandum 2017 – 2020. The department is responsible for the CAWA’s administrative affairs, such as amendments to the regulations, and advises the City Executive on proposals of the CAWA for the assessment of creatives.

Estates In line with the established policy framework and ground rules, Estates provides insight into the possibilities of renting buildings from its portfolio as creative incubators for shorter or extended periods. When considering the sale of a building, the possibility of transforming the property into a creative incubator is taken into account. This department works within the policy framework and ground rules set out by the city council.

Housing corporations Recent changes to the Housing Act means that corporations are limited in their possibilities to develop and run creative incubators. The creative incubators fall under social real estate and as such legislation offers possibilities. Corporations do not need to sell their existing studio stock.

The relation between this real estate and local social housing must be made clear. The first examples of this have been approved by the central government.

City districts The city districts possess the most thorough and current knowledge of the local situation. The collaboration between district Arts & Culture civil servants, the district teams and the BBp leads to proposals to local officials on creative-incubator initiatives in the neighbourhood, the desired developments and opportunities.

BUREAU BROEDPLAATSEN REVISED STUDIO AND CREATIVE-

NCUBATOR POLICY FOR AMSTERDAM

112 2015 – 2018

26

APPENDIX 9

OFF BROADWAY REPORT 2016

113

114

OFF BROADWAY REPORT 2016

115

116

OFF BROADWAY REPORT 2016

117

118

OFF BROADWAY REPORT 2016

119

120

OFF BROADWAY REPORT 2016

121

122

OFF BROADWAY REPORT 2016

123

APPENDIX 10

124

OFF BROADWAY REPORT 2016

125

126

This report was written by Kerri Glasscock Festival Director/CEO of the Sydney Fringe Festival with assistance from the Live Music Office.

2015 SYDNEY FRINGE FESTIVAL TEMPORARY THEATRE POP-UP PILOT

FINDINGS OF THE POP-UP THEATRE PILOT PROJECT1

243

2015 SYDNEY FRINGE FESTIVAL

2

CONTENTS

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Space, Form & Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

A Need To Redefine The Traditional Performance Space . . . . . . . . . . . . . . . 20 Site Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 The Cost of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Case Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 469 King Street Newtown – Glitterbox Hair Salon . . . . . . . . . . . . . . . . . 35 123a King Street Newtown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Assemblage Space, Chippendale . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Attachment A: Sydney Fringe Festival Investigation to Encourage Arts and Cultural Facilities

TEMPORARY THEATRE POP-UP PILOT

3

SYDNEY FRINGE FESTIVAL: FINDINGS OF THE POP-UP THEATRE PILOT PROJECT*

This report summarises the need for, and potential approaches to facilitate, creative spaces for theatre and performance in Sydney and NSW. It draws from the experience of the Sydney Fringe pilot PopUp Theatres project, run with the support of the City of Sydney.

The aim of this project was to activate up to five empty shop-front, retail or alternative spaces to create temporary theatres during the festival period from the 1st till the 30th of September 2015. The intended outcome was the creation of a model from which to base an ongoing temporary theatre license for the City, to open up empty, unused space to the performing arts sector.

During the pilot the Sydney Fringe Festival worked closely with City of Sydney, the City of Marrickville and two Independent consultants to identify sites, work through applications and activate spaces. Of the five sites outlined as case studies during

*This report is an outcome for the City of Sydney’s grant funding for the Sydney Fringe Festival Pop-Up Theatre Pilot Project. It is not an official position of the City of Sydney and is not endorsed by the City of Sydney Council.

4

this project, it was only possible to open one, as a retail space without performance, due to the difficulties in activating the spaces brought about by unclear regulatory frameworks.

This report outlines the Sydney Fringe Festival’s findings, considering the costs and experiences of stakeholders including performers, independent theatre companies, existing businesses and property owners.

The attached appendix, ‘Sydney Fringe Festival Investigation to Encourage Arts and Cultural Facilities’, outlines the findings of two independent consultants, who reviewed five prospective sites for temporary use with reference to building and planning requirements. This report provides an analysis of the impact and risk profiles of such uses, and makes recommendations on alternative approaches.

BACKGROUND The Sydney Fringe Festival is now the largest Independent arts festival in NSW, presenting over 350 productions by independent artists each year. Over 90% of the artists that participate in the Sydney Fringe Festival are locally based. The Fringe offers a snapshot of the work being created by those artists year round. As a result of the density of the program, the festival also amplifies the issues facing those artists on a day-to-day basis.

Each year the Sydney Fringe faces a challenge to house its artists in appropriate small to medium sized performance spaces.

Over the past three years the festival has seen a steady decline in the amount of appropriate, affordable and available space.

This is highlighted by the increased activity during the Fringe but is by no means limited to the festival period. It is an ongoing issue facing the creative sector year round, and is currently the most urgent issue that needs addressing. Demand for performance and rehearsal space now far outweighs the supply of suitable space.

Rising costs of real estate, and limited existing theatre and performance space has made it increasingly common for creative entrepreneurs to seek out otherwise vacant buildings or establish partnerships with existing businesses. Through these pathways, creative spaces can be established quickly and on an ‘as needs’ basis.

Fundamental to Sydney’s creative landscape is the need to provide affordable spaces for new, emerging and experimental activity.

This type of activity acts as the ‘R&D’ for Sydney’s cultural life. However, like most innovative activity, it does not produce high profit margins.

TEMPORARY THEATRE POP-UP PILOT

The development of a sustainable enterprise is particularly susceptible to regulatory barriers. Issues in identifying suitable planning or building requirements, which may be easily dealt with by larger businesses, can present insurmountable barriers to smaller creative spaces.

In many instances, managers of small and medium creative spaces, generally under 500m2, have found focusing primarily on arts and cultural activity has drawn them into regulatory categories designed for much larger theatre and performance space. Whilst relatively defined regulatory pathways exist for small bars and retail spaces, regulation does not appear to scale effectively between small and large creative spaces.

Currently, creative spaces are often subject to definition within the planning system as ‘Entertainment Venues’ and, within the building system, as ‘Assembly Buildings’.

These categories have been designed for nightclubs, major halls and public buildings such as airports and schools. Whilst they can be adapted to apply to smaller creative spaces, this can only be done at a cost well beyond the limited resources of smaller creative enterprises, and with time-frames which make short term and temporary projects untenable.

This report is designed to outline the current operating environment for creative spaces, the needs of the performing arts sector in particular, and the impact regulation has on sustainability. Read in conjunction with the attached reports by Michael Wynn-Jones and Design Collaborative, it offers potential alternative approaches to enhance Sydney’s creative life.

5

SPACE, FORM AND FUNCTION

Increasingly artists are presenting work that is breaking with tradition, is multi-genre, and pushing the boundaries of form and function. These contemporary works require a very different venue from the traditional theatres of old.

When weighing up the average inner city retail property to lease short term, with the producer retaining all box office earnings, a pop-up retail conversion becomes an economically viable option to hiring a traditional theatre space. Rental rates are generally cheaper than accessing one of the limited hireable spaces, time spans are more flexible, and the producer has greater control over ticketing, staffing and other conditions.

This increased control over ticket pricing and expenses makes it possible to make a profit, rather than the investing most earnings back into hiring the venue.

If artists were able to legally and affordably use available, empty spaces the current venue crisis would literally cease to exist.

6

‘‘

Content is becoming more diverse and we are seeing a breakdown of genre as artists become more inventive with form. In many ways, unusual and pop up spaces create opportunities for artists to experiment, diversify content and develop their craft.

Dino Dimitriadis Artist Liaison Sydney Fringe Festival

SCOPE

For the purpose of this report, the Sydney Fringe has limited its scope to theatre venues and activating space for the purpose of work that involves theatrical performance of some kind. However, this issue is relevant to all creative sectors and performance styles, as well as many other small creative businesses operating in existing buildings.

Theatre and performance is a particularly good case study for two reasons.

Firstly, live performance triggers particularly complex regulatory requirements, frequently requiring existing buildings to change both their planning and building approvals.

Of these nine available spaces all have some type of curatorial condition attached to them. This ranges from a preference for new work to full submission processes. Such a process tends to favour more established theatrical organisations with an existing audience.

New and experimental performances require non-curated space. There is currently not an established affordable space that artists can hire, no strings attached, to present their work in, build new audiences and trial new work on a regular basis in Sydney.

Secondly, it is suggested that the difficulty of setting up spaces for performance has led to a situation in which the current supply does not match the demand but has, instead, been falsely shaped by regulatory, rather than economic, conditions.

At the time of this report there are currently nine independent theatres operating in a full-time capacity in the inner city that are available for hire: • Tamarama Rock Surfers • Old 505 Theatre • The Old Fitz • 107 Projects • Griffin Independent • King St Theatre • PACT • The Reginald Theatre • Hayes Theatre

TEMPORARY THEATRE POP-UP PILOT

7

CURRENT LANDSCAPE OF INDEPENDENT THEATRES IN SYDNEY

TAMARAMA ROCK SURFERS LOCATION

Bondi

LOCATION

Woolloomooloo

CAPACITY

225

CAPACITY

54

COST

CONDITIONS SUBSIDISED

$2200 per week or $1100 per day outside hire box office split on case-by-case basis for co-produced work Curated seasons via a submission process

COST

$1500 or 35% of box office whichever is higher

CONDITIONS

Curated seasons via a submission process

SUBSIDISED

Yes from hotel upstairs

Yes government funding

THE OLD 505 THEATRE

107 PROJECTS

LOCATION

Surry Hills

LOCATION

Redfern

CAPACITY

30

CAPACITY

60 seated

COST

CONDITIONS SUBSIDISED

8

THE OLD FITZ

$880 per week minimum box office guarantee or 25% of gross whichever is higher + staff costs Curated seasons via a submission process No

COST CONDITIONS

SUBSIDISED

$990 per week Open access with conditions attached must be new work Yes accommodation grant

GRIFFIN INDEPENDENT LOCATION

Kings Cross

CAPACITY

105

COST

CONDITIONS SUBSIDISED

PACT CENTRE FOR EMERGING ARTISTS LOCATION

CAPACITY $5000 for 3 ½ weeks or COST 30% of box office whichever CONDITIONS is greater Limited curated seasons via a submission process

SUBSIDISED

Yes government funding

KING STREET THEATRE

Erskineville 100 $2700 per week Straight hire with curatorial conditions Yes accommodation grant and government funding

THE HAYES THEATRE

LOCATION

Newtown

LOCATION

Darlinghurst

CAPACITY

100

CAPACITY

150

COST

$880 per performance straight hire or profit share for co-produced work

COST

CONDITIONS

Straight hire with curatorial conditions or co-produced

CONDITIONS

SUBSIDISED

No SUBSIDISED

TEMPORARY THEATRE POP-UP PILOT

$2200 per week or 30% of net box office whichever is greater Self produced curated seasons with limited spaces also available for hire Yes accommodation grant and government funding

9

THE REGINALD THEATRE LOCATION

Chippendale

CAPACITY

150

COST CONDITIONS

SUBSIDISED

10

$5900 + GST per week Curated seasons via a submission process with limited spaces also available for straight hire No

The above spaces combined offer approximately 70- 80 production slots per year. However this is well below the amount of sessions needed by local artists.

If artists are fortunate enough to be able to gain one of the available seasons, they will then pay a venue hire ranging from a minimum of $880 to a maximum of $6000 per week.

‘‘ ‘‘ We spent 2 years applying for every theatre in Sydney, but were unsuccessful in securing a space in an established theatre. It seemed that there was no alternative.

If you cannot convince a theatre board that your show is the perfect fit for one of their 6-9 available slots in their season, amongst the other 80+ applicants, then the only thing to do is find a space and put it on yourself.

Samantha Ward Sydney Fringe 2015 Pop-Up Artist

We have now been operating legally for six years as Venue 505 on Cleveland Street in Surry Hills, we constantly struggle with programming what fits our artistic vision for the company and what brings in the most amount of income.

As a completely commercial artist run space with no subsidy or funding it only takes a couple of bad months in a row to set you back or even cause doors to be closed, the sector is quite frankly that volatile.

Cameron Undy Founding Director Venue 505

TEMPORARY THEATRE POP-UP PILOT

11

‘‘ ‘‘

Each year we receive many more submissions for our annual program than we can accommodate.

On average we program only 50% of the submissions that we receive, while some of these are rejected due to artistic vision, there are approximately 25% that we would love to program but just can’t fit in to the calendar.

Gareth Boylan Associate Artistic Director Old 505 Theatre Surry Hills

The Sydney Fringe Festival is currently at capacity with the amount of productions we can physically include in our program each year due to the lack of suitable venues. In 2015 we had to literally build five temporary theatres to house 26 productions that would not have been able to be part of the festival otherwise.

In addition to this the Fringe facilitated another 9 productions that presented in site specific spaces.

Dino Dimitriadis Artist Liaison Sydney Fringe Festival

12

Each year the Sydney Fringe Festival runs a detailed series of producer workshops to equip emerging and early career artists with producing skills. In the budgeting and finance workshop the Fringe recommends that artists budget their production on a capacity of 30% attendance to ensure that they do not financially overextend themselves, and to place them in the best possible situation to break even at the end of their season. An estimated 30% audience capacity is now the realistic expectation among the emerging performance sector. It is important to note that, in 2005, budgets were set on an estimated 60% capacity. This decline, we believe, can be partly attributed to the lack of smaller spaces producing a subsequent lack in audience development.

TEMPORARY THEATRE POP-UP PILOT

The two example budgets on the following page are from 2015 productions (outside of the Sydney Fringe Festival) by two established Sydney based, Independent companies. Both companies had higher than usual capacities and both productions received critical acclaim. These two examples were chosen as they outline the production costs of two productions that sit at two different ends of the independent theatre spectrum. SEEING UNSEEN was a bare-bones unfunded production in the artist run space Old 505 Theatre, where proceeds are retained by the company for future productions. DAPTO CHASER was produced using a more traditional model in one of the coveted spots at Griffin Independent and paid artists Equity rates for rehearsals.

13

SEEING UNSEEN – BUDGET ACTUAL OLD 505 THEATRE

INCOME

EXPENDITURE

BOX OFFICE

PRODUCTION COSTS

NO: PERFORMANCES VENUE CAPACITY ACTUAL ATTENDANCE

TOTAL BOX OFFICE INCOME

15 30 60%

$5 297

OTHER INCOME VENUE FOR DEVELOPMENT (VALUE IN KIND) CROWDSOURCING

-

FUNDING

-

GRANTS

-

PHILANTHROPY

-

MARKETING SUPPORT POSTCARDS (VALUE IN KIND) OTHER TOTAL BOX OFFICE INCOME

14

$4 800

$860 $10 957

DEVELOPMENT/REHEARSAL SPACE (VALUE IN KIND PROVIDED BY VENUE)

$4 800

VENUE HIRE (PERFORMANCE)

$2 400

SET PROPS

$350

COSTUME

$90

LIGHTING

-

SOUND

-

AUDIO VISUAL

-

TRANSPORT

-

RUNNING COSTS

-

BUMP IN/OUT CREW

-

PRODUCTION SUBTOTAL

$7 640

ADMINISTRATION

MARKETING OPENING INVITES OPENING NIGHT CATERING

$150

GROUP PERSONAL INJURY INSURANCE

-

PROMOTIONAL PHOTOGRAPHY

-

PUBLIC LIABILITY INSURANCE

ARCHIVAL PHOTOGRAPHY

-

ADMIN COSTS: PHONE, POSTAGE, ETC

-

ARCHIVAL VIDEO

-

APRA LICENSE

-

GRAPHIC DESIGN

$400

ADVERTISING : STREET PRESS

$150

ADVERTISING : RADIO

-

POSTCARDS (VALUE IN KIND BY VENUE)

$860

PROGRAMS: DESIGN & PRINT

-

LIGHT BOX POSTER

-

DISTRIBUTION

-

PUBLICITY

-

MARKETING SUBTOTAL

$1 560

ADMINISTRATION SUBTOTAL

$550

SALARIES & FEES CREATIVES & CREW

-

PERFORMERS

-

OTHER

-

SALARIES & FEES SUBTOTAL

-

CONTINGENCY TICKETING & CREDIT CARD CHARGES ADDITIONAL BOX OFFICE SHARE TO OLD 505 (IF 25% IS GREATER THAN MINIMUM GUARANTEE)

TOTAL EXPENDITURE

RESULT

TEMPORARY THEATRE POP-UP PILOT

$550

$114.26 -

$9 864.26

$1092.74

15

DAPTO CHASER – BUDGET ACTUAL GRIFFIN INDEPENDENT

INCOME

EXPENDITURE

BOX OFFICE

PRODUCTION COSTS

NO: PERFORMANCES

22

REHEARSAL SPACE

VENUE CAPACITY

105

SET, PROPS & WARDROBE

ACTUAL ATTENDANCE

81%

LIGHTING

TOTAL BOX OFFICE INCOME

$51 228

AUDIO VISUAL

-

TRANSPORT

PRODUCTION SUBTOTAL

CORPORATE SPONSORSHIP GRANTS PROGRAM SALES: GOLD COIN DONATION OTHER TOTAL INCOME

16

$8 315.82 $1 360 $537 61 440.82

$104.49 -

BUMP IN/OUT CREW

CROWDSOURCING

$2 499.21

SOUND

RUNNING COSTS

OTHER INCOME

$620

$100 $521.02 $3 844.72

MARKETING

ADMINISTRATION

OPENING INVITES

-

OPENING NIGHT CATERING

-

GROUP PERSONAL INJURY INSURANCE

PROMOTIONAL PHOTOGRAPHY

$400

PUBLIC LIABILITY INSURANCE

ARCHIVAL PHOTOGRAPHY

$500

ADMIN COSTS: PHONE, POSTAGE, ETC

ARCHIVAL VIDEO

-

GRAPHIC DESIGN

-

ADVERTISING : STREET PRESS

-

ADVERTISING: DIGITAL

$200

ADVERTISING : RADIO

-

POSTCARDS

-

PROGRAMS: DESIGN & PRINT

$400 -

DISTRIBUTION

-

MARKETING SUBTOTAL

$55

DIRECTOR’S ACCOMMODATION

$2 500

WRITER’S ROYALTY

$4 369

ADMINISTRATION SUBTOTAL

$7 474

CREATIVES & CREW

$14 000

PERFORMERS

$12 000

OTHER

-

SALARIES & FEES SUBTOTAL

$26 000

CONTINGENCY

$309

$300 $1 800

TICKETING CHARGES CREDIT CARD CHARGES

$3 740 $349.46

BOX OFFICE SHARE TO GRIFFIN

$14 245.66

TOTAL EXPENDITURE

$57 762.84

RESULT

TEMPORARY THEATRE POP-UP PILOT

$550

SALARIES & FEES

LIGHT BOX POSTER

ADDITIONAL PUBLICITY

APRA LICENSE

-

$3 677.98

17

TO SUMMARISE Even with successful seasons, established companies struggle to accommodate the expense of most venue hires in Sydney. If either of these companies had only gained a 30% capacity (as is the industry standard budgeted figure) both would have made significant losses.

These two actuals clearly show that regardless of where a company sits within the Independent sector in Sydney the cost of production and the bottom line (even with a high attendance) affords limited room for further costs, such as the consultancy, upgrade and associated fees attached to building and planning approvals. Whilst compliance remains important, it is vital to sector sustainability that it is an easily identifiable and scaled to the size and relative impact of the space.

18

‘‘ ‘‘ Over the past two years I’ve witnessed a significant increase in the number of artists and companies interested in pop-up and bare bones performance. Artists are excited by opportunities that exist in unique spaces and the dialogue between content and space.

Many artists are keen to embrace simple staging infrastructure and are finding inventive ways to create unique environments in new spaces. This has a direct effect on the audience’s experience of the work. Performances in unusual and pop-up spaces see high audience attendance.

The space is cool too. In a warehouse the small audience surrounds all four sides of the square stage looking in on other members of the audience.

Granted this might prove too big a distraction for some, but I delighted in seeing other people’s reactions to the play in real time without turning my head.

Audience Member Pop-Up Fringe 2015

Dino Dimitriadis Artist Liaison Sydney Fringe

TEMPORARY THEATRE POP-UP PILOT

19

A NEED TO REDEFINE THE TRADITIONAL PERFORMANCE SPACE

Traditional theatre spaces are, as demonstrated above, expensive to operate in the current landscape of Sydney. They are also limiting in their form and function. Many artists are now seeking more exploratory spaces that break down the barriers between performance and audiences, that are non-traditional in appearance, are flexible in layout, that cater to site-specific works and that aesthetically contribute to the production. This often makes using existing, empty shop-fronts, or partnering with existing businesses, a preferable option.

20

Notably, Fringe attracts a number of applications for productions which do not require traditional theatre infrastructure. Of the 300 producers that registered for the Sydney Fringe Festival in 2015:

38%

61%

OF ARTISTS WANTED TO BE PART OF THE POP-UP PILOT AND/OR DESIRED A TEMPORARY PERFORMANCE SPACE

OF ARTISTS REQUIRED LIMITED OR NO BACKSTAGE SPACE

25%

15%

OF ARTISTS PREFER A FULL BLACKOUT BUT ONLY

OF ARTISTS REQUIRED A COMPLETE BLACKOUT

26%

70%

OF ARTISTS WOULD IDENTIFY THEIR LIGHTING REQUIREMENTS AS INTERMEDIATE

OF ARTISTS WOULD IDENTIFY THEIR LIGHTING REQUIREMENTS AS SIMPLE

4%

OF ARTISTS WOULD IDENTIFY THEIR LIGHTING REQUIREMENTS AS COMPLEX

TEMPORARY THEATRE POP-UP PILOT

21

29%

66%

OF ARTISTS WOULD IDENTIFY THEIR SOUND REQUIREMENTS AS INTERMEDIATE

OF ARTISTS WOULD IDENTIFY THEIR SOUND REQUIREMENTS AS SIMPLE

5%

OF ARTISTS WOULD IDENTIFY THEIR SOUND REQUIREMENTS AS COMPLEX

81%

OF ARTISTS HAVE NO LARGE SET PIECES OR SCENERY

These figures demonstrate a move towards productions that are more flexible in form, require much less infrastructure, and sit outside the older performance styles associated with the more traditional theatres.

22

Of the 300 producers that registered with the Sydney Fringe Festival in 2015:

64%

PREFER BETWEEN 2-4 PERFORMANCES

20%

PREFER BETWEEN 5-7 PERFORMANCES

There is a great need for flexible temporary space, particularly from companies wanting to present limited seasons or one off events as a method of trialling and developing new work. This need could easily be catered for in creative spaces that could accommodate events and productions in their premises outside of their usual trading hours.

Additionally, there are many culturally specific businesses such as artist studios, design studios, photography studios, artisan retail, galleries or rehearsal spaces which need to supplement their income streams to remain viable and to ensure economic sustainability for the future.

7%

PREFER BETWEEN 8-10 PERFORMANCES

6%

WANTED A SINGLE EVENT

4%

WANTED MORE THAN 11 PERFORMANCES

TEMPORARY THEATRE POP-UP PILOT

23

‘‘

The need to be able to present events in our communal spaces is growing daily. Not only from outside hirers but from our resident creatives who often need space to present projects to their networks, to increase audiences and customers, or to pitch to clients.

Collaborations between creatives is one of the benefits of working in a communal space. However the current regulations make it impossible for us to present events that contain some element of performance in our spaces.

We would love to be able to hire out our facilities to artists as affordable performance space for one off or limited run events but simply cannot do so.

Sam Ali Founder of The Commune

24

For any creative business to remain viable, they need diverse business models and the ability to partner with other artists, creatives and collectives. To achieve this, they need to be able to present projects that may sit outside of the current approved use attached to their space.

The easiest and most common way for a creative business, such as a retail gallery or studio, to inject much needed income into their model, , is to host events. Performance is a natural ancillary activity for many existing businesses, allowing them to attract new audiences, connect with larger festivals, and encourage visitation to specific village centres and high streets. These offer a fast and simple way to increase their income while offering local artists and collectives alternative affordable performance spaces.

A comparison of the use of existing small shop fronts, both vacant and currently tenanted for retail or office purposes, suggests the economic appeal of such spaces compared to their more formal counterparts:

COMPARISON 1 59A ERSKINEVILLE RD

COMPARATIVE EXISTING THEATRE THE OLD FITZ

• 133m2

LOCATION

Woolloomooloo

• Potential capacity 60 seats

CAPACITY

60

• $1500 per week rental

COST

• $500 temporary lease fee CONDITIONS

$3500

$1500 or 35% of box office whichever is higher Curated seasons via a submission process

$3000 minimum

TOTAL COST FOR 2 WEEKS

TOTAL COST FOR 2 WEEKS

$4.86

$4.16

COST PER SEAT TO PRODUCER CALCULATED ON 6 SESSIONS PER WEEK FOR A 2 WEEK SEASON

COST PER SEAT TO PRODUCER CALCULATED ON 6 SESSIONS PER WEEK FOR A 2 WEEK SEASON

When budgeting a production producers will divide the rental amount by the amount of available seats to work out the percentage of ticket income that is required to cover the cost of rental.

This effectively means that for every ticket sold the producer will have to allocate $4.86 to the venue for hire fees. With average ticket prices in independent theatre in Sydney sitting at $25 per ticket this example has venue hire taking up just over 19% of the gross ticket price if producers reached a 100% capacity across their season. As most producers budget on 30% capacity we see that the above venue hire would need to take 57% of the gross box office income.

Leaving 43% to cover all other costs

TEMPORARY THEATRE POP-UP PILOT

25

COMPARISON 2 123a King Street Newtown

COMPARATIVE EXISTING THEATRE THE OLD 505 THEATRE

• 40m2

LOCATION

Surry Hills

• Potential capacity 30 seats

CAPACITY

30

• $1000 per week rental

COST

• $500 temporary lease fee

CONDITIONS

$2500

Curated seasons via a submission process

$2600

TOTAL COST FOR 2 WEEKS

TOTAL COST FOR 2 WEEKS

$6.94

$6.37

COST PER SEAT TO PRODUCER CALCULATED ON 6 SESSIONS PER WEEK FOR A 2 WEEK SEASON

26

$880 per week minimum box office guarantee or 25% of gross whichever is higher + $420 staff costs

COST PER SEAT TO PRODUCER CALCULATED ON 6 SESSIONS PER WEEK FOR A 2 WEEK SEASON

These two examples clearly outline the comparability of leasing empty retail space to hiring a theatre when considering the base line cost of rent only.

Opening up unused and empty spaces makes absolute economic sense. Not only is the cost comparative for artists but it would open up a new market for land owners, reinvigorate struggling high streets and create much needed venue stock without major investment in infrastructure, while encouraging diversity in night-time economies.

The growing creative industries now bolster and support a number of sectors.

Recent national research conducted by the University of Tasmania and released by the Live Music Office shows the live music sector contributed $15.7 billion of value to the Australian community in 2014, providing vital commercial, individual and civic benefits.

‘‘

Our research shows that for every dollar spent on live music, three dollars of benefit is returned to the wider community.

This is a significant, and unrecognised, contribution that includes the dollars that flow to the national economy as well as the ways experiencing live music enriches people’s lives.

Dr. Dave Carter Lecturer in Music Technology at University of Tasmania

While no official comparative research has been conducted for other performing arts sectors, we can anecdotally conclude that there would be a positive contribution made by small-medium sized theatrical performance spaces if they were able to legally and sustainably exist, with a flow-on effect to the local community and economy.

TEMPORARY THEATRE POP-UP PILOT

27

THE COST OF COMPLIANCE

The basis of current regulation for performance was formed on the assumption of traditional theatre spaces with heavy curtaining, fixed raked seating and thrust stages. These traditional spaces present a very different set of requirements and risk factors when compared with the barebone alternative spaces outlined in this report. Applying regulation drafted for the traditional theatre spaces to these newer, smaller spaces is a complex process, requiring the development of alternative solutions and highly nuanced interpretation and adaption of existing building and planning categories.

There are virtually no small-scale buildings under 500m2 with existing consents as ‘Class 9b’ assembly buildings in Sydney.

Pop-Up and alternative theatres interstate and overseas traditionally rely on temporary use of retail and other locations, for which there is no clear regulatory pathway in NSW. For an artist in NSW to use an empty retail space at present, a Change of Use is usually needed to alter consents from a Class 6 or ‘Retail’ use to a Class 9b ’Assembly Building’ permitted to host performance.

The estimate minimum average cost of applying for building approvals is outlined below. Note this does not include the additional costs of building upgrades, and assumes the building does not require consultants to construct alternative solutions for the provision of fire egress, disability access or the like. These costs do not relate to actual approval, but merely suggest the minimum cost to simply identify how the site might be lawfully used, and apply for building consent

CURRENT COSTS ASSOCIATED WITH CHANGING USE TO INCLUDE PERFORMANCE • BCA Consultancy Fee $220 • Inspection fee for Council Acting as PCA $312.1 Mandatory Inspection$ 312.1 • Issue of CC or CDC $572 • Registration Fee $36 • Estimate for other BCA and AS expert consultants $312 • Planning notification $535 • Other professional advice and consultancy $220 • MINIMUM TOTAL OF LODGING FOR BUILDING APPROVAL PER SITE: $2519.20

28

If we look at the two example budgets from earlier and incorporate the cost of activating a site and the attached compliance costs two things are evident: 1. The cost to companies to activate a space in a bare bones manner excluding compliance costs is actually quite comparable. However the inclusion of the costs associated with compliance have a negative impact on the budget.

2. To activate and operate a space with economic sustainability companies need to have the freedom to operate beyond the standard 52 days currently allowed with a temporary use, to have the ability to break even and earn back their investment It is important to note that no building works or upgrades have been accounted for in these pop-up budgets, only the cost of applications and inspections.

TEMPORARY THEATRE POP-UP PILOT

29

SEEING UNSEEN POP-UP BUDGET

EXPENDITURE PRODUCTION COSTS

INCOME BOX OFFICE

$4 800

VENUE HIRE (TEMPORARY LEASE)

$3 000

TEMPORARY LEASE FEE

NO: PERFORMANCES VENUE CAPACITY ACTUAL ATTENDANCE

TOTAL BOX OFFICE INCOME

VENUE FOR DEVELOPMENT (VALUE IN KIND)

60%

$5 297

$4 800 -

FUNDING

-

GRANTS

-

PHILANTHROPY

$860 -

OTHER TOTAL BOX OFFICE INCOME

PROPS

30

CROWDSOURCING

MARKETING SUPPORT POSTCARDS (VALUE IN KIND)

SET

15

OTHER INCOME

30

DEVELOPMENT/REHEARSAL SPACE (VALUE IN KIND PROVIDED BY VENUE)

$10 957

$500 $350

COSTUME

$90

LIGHTING

-

SOUND

-

AUDIO VISUAL

-

TRANSPORT

-

RUNNING COSTS

-

BUMP IN/OUT CREW

-

PRODUCTION SUBTOTAL

$8 740

COMPLIANCE COSTS BCA CONSULTING FEE

$220

INSPECTION FEE FOR COUNCIL ACTING AS PCA

$312.10

MANDATORY INSPECTION

$312.10

ISSUE OF CC OF CDC

$572

REGISTRATION FEE

$36

ESTIMATES FOR OTHER BCA & EXPERT CONSULTANTS

$312

PLANNING NOTIFICATION

$535

OTHER PROFESSIONAL ADVICE & CONSULTANCY

$220

COMPLIANCE SUBTOTAL

$2 519.20

SALARIES & FEES

MARKETING OPENING INVITES OPENING NIGHT CATERING

$150

PROMOTIONAL PHOTOGRAPHY

-

ARCHIVAL PHOTOGRAPHY

-

ARCHIVAL VIDEO

-

GRAPHIC DESIGN

$400

ADVERTISING : STREET PRESS

$150

ADVERTISING : RADIO

-

POSTCARDS (VALUE IN KIND BY VENUE)

$860

PROGRAMS: DESIGN & PRINT

-

LIGHT BOX POSTER

-

DISTRIBUTION

-

PUBLICITY

-

MARKETING SUBTOTAL

CREATIVES & CREW

-

PERFORMERS

-

OTHER

-

SALARIES & FEES SUBTOTAL

-

CONTINGENCY TICKETING & CREDIT CARD CHARGES ADDITIONAL BOX OFFICE SHARE TO OLD 505 (IF 25% IS GREATER THAN MINIMUM GUARANTEE)

TOTAL EXPENDITURE

RESULT

$114.26 -

$13 483.46

-$2526.46

$1 560

ADMINISTRATION GROUP PERSONAL INJURY INSURANCE PUBLIC LIABILITY INSURANCE

$550

ADMIN COSTS: PHONE, POSTAGE, ETC

-

APRA LICENSE

-

ADMINISTRATION SUBTOTAL

TEMPORARY THEATRE POP-UP PILOT

$550

31

DAPTO CHASER POP-UP BUDGET

EXPENDITURE PRODUCTION COSTS REHEARSAL SPACE VENUE HIRE (LEASE) TEMPORARY LEASE FEE SET, PROPS & WARDROBE

INCOME BOX OFFICE NO: PERFORMANCES

22

VENUE CAPACITY

105

ACTUAL ATTENDANCE

81%

TOTAL BOX OFFICE INCOME

$51 228

CORPORATE SPONSORSHIP GRANTS PROGRAM SALES: GOLD COIN DONATION OTHER TOTAL INCOME

$8 315.82 $1 360 -

$2 499.21

SOUND INFRASTRUCTURE FOR POP-UP

$2 000

OTHER INFRASTRUCTURE FOR POP-UP (RIG, SCAFFOLDING, ETC)

$4 000

SEATING BANKS FOR AUDIENCES

$2 000 $100

RUNNING COSTS

-

BUMP IN/OUT CREW

-

PRODUCTION SUBTOTAL

$19 540.23

$537 COMPLIANCE COSTS $61 440.82

BCA CONSULTING FEE

$220

INSPECTION FEE FOR COUNCIL ACTING AS PCA

$312.10

MANDATORY INSPECTION

$312.10

ISSUE OF CC OF CDC

32

$500

$2 500

TRANSPORT

CROWDSOURCING

$4 800

LIGHTING INFRASTRUCTURE FOR POP-UP

AUDIO VISUAL

OTHER INCOME

$620

$572

REGISTRATION FEE

$36

ESTIMATES FOR OTHER BCA & EXPERT CONSULTANTS

$312

PLANNING NOTIFICATION

$535

OTHER PROFESSIONAL ADVICE & CONSULTANCY

$220

COMPLIANCE SUBTOTAL

$2 519.20

MARKETING

ADMINISTRATION

OPENING INVITES

-

GROUP PERSONAL INJURY INSURANCE

OPENING NIGHT CATERING

$200

PROMOTIONAL PHOTOGRAPHY

$400

PUBLIC LIABILITY INSURANCE

ARCHIVAL PHOTOGRAPHY

$500

ADMIN COSTS: PHONE, POSTAGE, ETC

ARCHIVAL VIDEO

-

GRAPHIC DESIGN

$400

ADVERTISING : STREET PRESS

$200

ADVERTISING: DIGITAL

$200

ADVERTISING : RADIO

-

APRA LICENSE

$550 $55

DIRECTOR’S ACCOMMODATION

$2 500

WRITER’S ROYALTY

$4 369

ADMINISTRATION SUBTOTAL

$7 474

SALARIES & FEES

POSTCARDS

$250

CREATIVES & CREW

$14 000

PROGRAMS: DESIGN & PRINT

$400

PERFORMERS

$12 000

LIGHT BOX POSTER

-

DISTRIBUTION

-

ADDITIONAL PUBLICITY

$2 000

MARKETING SUBTOTAL

$5 150

OTHER SALARIES & FEES SUBTOTAL

$26 000

CONTINGENCY

$309

TICKETING CHARGES CREDIT CARD CHARGES

TEMPORARY THEATRE POP-UP PILOT

-

$3 740 $349.46

TOTAL EXPENDITURE

$65 081.89

RESULT

-$3 641.07

33

When adding on the compliance costs to the SEEING UNSEEN production the company will make a $2526.46 loss compared to the small profit they made during their season.

Without the compliance costs however the costings are quite similar when activating their own space or hiring a theatre, if the production were able to run for an additional week they would have been able to turn a profit if the cost of compliance were not as high.

The production of DAPTO CHASER made a profit of $3677.98 in its original season but spent $14,245.66 on venue hire. When activating a temporary space the production was able to invest in $11,000 worth of equipment however it still made a loss of -$3641.07. Most of this loss is a result of the additional costs associated with inspections and applications to activate the space excluding any upgrades or works. Again, if this production were able to activate their temporary space for additional weeks beyond the 52 days, they would be able to generate a healthy profit.

34

IN CONCLUSION The above requirements are largely based on a perceived risk associated with ‘performance’. This perceived risk is in many ways tied to the archaic idea of the traditional theatre structure and the works presented in them. Most contemporary works are now vastly different in form and function and as a result no longer have the same risks attached to them.

While the risk profile of a short-term performance space may be the same or similar to a permanent retail space or a space’s current use, compliance requirements often demand things like fireproofing, the installation of additional toilets and the provision of access requirements, such as lifts and ramps.

These requirements make the cost of activating what was an affordable space unattainable. It is also the fear of these major works, their associated expense and compliance ramifications that endangers tenants relationships with landlords or cause landlords to not give consent for a change of use.

CASE STUDIES CASE STUDY ONE: 469 KING STREET NEWTOWN – GLITTERBOX HAIR SALON

As part of our Pop-Up Pilot during the 2015 Sydney Fringe Festival, one particular case emerged that clearly outlines the difficulties posed by the current regulatory system.

Local artists Rue De La Rocket received funding from a local council to develop a new project that would present a site specific work. This involved developing a performance set in a hairdressing salon as part of the Sydney Fringe Festival.

The work was to be performed inside an actual, operating hairdressing salon. The performance meet a key goal of Fringe’s temporary use project in uniting small local business and local artists and performers.

This particular production intended to use the salon in exactly the same nature as its permitted use, with the notable addition of selling tickets and declaring itself a performance. The production required no changes to the internal infrastructure, no additional technical requirements such as lighting or sound were needed. Audience numbers were to remain the same number as would usually be serviced in the salon at any one time during ordinary trade (in this instance between 10 and 12 patrons).

TEMPORARY THEATRE POP-UP PILOT

The artist quickly found a local business to partner with. A strong advocate and supporter for the arts, the salon saw the benefit of supporting local artists, was keen to see her business vibrant outside normal trading hours, and was excited by the additional activity and promotion that would come with the project to generate new business for her salon, and create a unique offering for her current clients.

This should in theory have been a simple project to produce. It involved a supportive tenant, project funding from local government, a supportive platform as part of the Sydney Fringe, and no production design or technical equipment needed.

Unfortunately, due to the current regulations in place the artist would need to submit a Change of Use as the sale of tickets inhibited the performance from being seen as ancillary to the existing consents as a hairdresser.

The artist was completely unaware that they would be noncompliant if they presented their project inside the hairdresser:

35

‘‘

We were unaware that the planning department of Marrickville Council required us to submit a DA for our performance. We were informed of the DA requirements by Sydney Fringe Organisers and worked with them to try and complete the required documentation through their pop-up pilot program, including a site inspection.

The documentation required the signature of the Landlord of the building.

This was difficult as the Landlord was overseas and we were unable to contact him for many weeks. When he did return we were advised that it was probably too late for the DA to be processed in the time remaining even with his signature.

36

The requirement of obtaining the landlords signature placed stress on the business owner, she felt unsure that the landlord would share her enthusiasm in supporting the arts and thus approve of the project taking place in the building.

Without a DA finalised and the performance drawing closer we were unable to proceed with the show. The uncertainty of receiving the correct permissions effected things like, advertising the venue on our marketing collateral and obtaining insurance.

Rue de La Rocket

This building is on the ground floor. Has two exits one directly on to King Street and one via rear lane entry, had sufficient toilet facilities for the anticipated audience numbers and a vacant tenancy upstairs.

Patrons who were to attend the event would be taking part in a similar action as they would have had they been attending the salon on any other day, and performers would have been carrying out actions similar to those by usual employees in the business.

The only difference being that a ticket price would be charged upon entry as opposed to a fee being charged after a service, and the activity identified as ‘performance’ not retail.

If existing retail space was opened up to the performance sector, the city and its high streets could be peppered with 30-60 seat performance spaces, that operated up to10pm, encouraging a varied nightlife, re-invigorating struggling high streets and diversifying night-time economies, whilst simultaneously filling a gap in the local venue ecosystem. In this way, the performance sector and local businesses could be supported without the need for major investment in infrastructure or increased resources and subsidy.

It would appear reasonable that no alteration in risk levels is posed by patrons sitting in a working salon waiting for their appointment as compared to patrons sitting in a salon watching a performance set in a salon. The Change of Use was thus triggered due to the different categorisations of performance and retail activity, as distinct from the relative risk in using the building.

TEMPORARY THEATRE POP-UP PILOT

37

CASE STUDIES CASE STUDY TWO: 123A KING STREET NEWTOWN

The one property that the Sydney Fringe was able to activate to completion was 123a King Street Newtown. This was, however, limited in its ability to function as a performance space. Rather the Fringe used it as a retail space housing a pop-up box office, pop-up retail, and as a home for crafternoons, artisan workshops and talks.

Two key factors blocked the way for the fringe to house performance in this activated space.

1. The time-frame required to assess a building, identify suitable building upgrades and negotiate both planning and building approvals meant that there was no guarantee that the Fringe could get the required approvals before the festival. There are two reasons for this. Firstly, the nature of temporary space requires friendly and co-operative landlords and real estate agencies. The leadtime from identifying a suitable temporary tenancy and taking out a temporary lease is rarely longer than 4-6 weeks. The reason being that landlords are hesitant to sign a temporary lease in the hope of finding a full time tenant, as such they will not commit to a temporary lease with a great deal of lead time in between signing a lease and activating the space.

38

The time-frame required by the authorities to gain the appropriate approvals is more often than not longer than the lead-time given by landlords and agents. This meant the Fringe was unable to assuredly program artists in the space until approvals were granted which was too late to meet marketing deadlines and artists were not willing to commit without the security of knowing their event could legally take place 2. The landlord, although supportive of the Fringe and project, was hesitant to have a Change of Use officially submitted. This space had held the same DA and use for over 40 years. The reluctance on behalf of the landlord of having authorities assessing the premises meant that they would not sign a development application form, even if there had been enough lead-time. This we found to be the single most common hurdle across the pilot project.

Landlords are fearful of the costs associated with compliance to host performance.

CASE STUDIES CASE STUDY THREE: ASSEMBLAGE SPACE, CHIPPENDALE

As part of this Pilot Project, Fringe artists wanted to present a production in a photographic studio occupying a former warehouse under an older DA with allowance for ‘artist studios’. She had the permission and support of the current tenant/business owner who had informed her that they would be open to having their space used regularly by artists. The production was capping the capacity at 20 patrons (no more than would ever be at the studio ordinarily at any one time), was not changing any internal fixtures or infrastructure, and using existing lights and sound equipment. It was a site specific work set in a warehouse so the studio suited the aesthetics of the work and the space itself would become the set. The tenant was happy to accommodate the production as it would bring new people into the studio and provide the business with additional income.

TEMPORARY THEATRE POP-UP PILOT

The site was a tri-level warehouse with multiple tenancies, and, after investigating the possible issues, the pilot team decided that to pursue the premises could jeopardise the current tenant’s relationship with their landlord as the existing consents pre-dated the current building and planning system and it was unclear whether or not the building could be used for performance, whether approval would need to be sought, or what upgrades might be required.

As the photographic studio was not able to be included in the Pilot Project, the Pilot team decided to use the former Assemblage Space, originally located close to the proposed photographic studio, as a case study for this example of mixed use creative space. This site has since been demolished and thus provided a purely theoretical example.

39

‘‘

When finding the best venue for our Sydney Fringe show, I knew that the studio space would work perfectly and offer Sydney audiences a unique theatrical experience. We are living in the world of the Small Bar, the Food Truck and the Pop-up Shop.

People want different. And as a young artist in Sydney wanting to put on a political Australian play, I wanted to make theatre accessible and appealing to not only regular theatre goers, but to those who don’t even know how to ‘Theatre’. This space would allow us to create a theatre on a low budget, but with high impact. And we’d tried all the conventional, legal avenues already.

40

When finding out that we couldn’t legally use the space and potentially not be able to do the show at all we were devastated and spent weeks trying to find alternatives. We came across many other spaces that could be great performance venues, but they were also all ‘illegal’.

Sydney is full of available spaces, if only they could be used! We lost so much time trying to find alternate venues that we had cast members having to step aside from the project.

Samantha Ward Sydney Fringe 2015 Pop-Up Artist

Assemblage began in 2010 for the purpose of bringing together young creative professionals in a diverse range of disciplines to create a trans-disciplinary space to encourage no standard out-come and to experiment with art forms. It was set up under a business structure of a sole trader before becoming an unincorporated association in 2014. Its former manager, Damien Butler, had provided a summary of the site structure and activities as part of earlier studies undertaken by the City of Sydney. A summary of the site’s potential use for performance is contained within the additional assessments by Michael WynnJones and Design Collaborative.

COMMON ISSUE One common issue that the Sydney Fringe Festival faced in the attempt to activate sites was the issue of communication and response with the building owners. The current system requires the Fringe to submit a Change of Use to present performance in the sites. This requires owner consent which proved very difficult to obtain on all our sites for a number of reasons.

1. 50% of the building owners that the Fringe dealt with were not directly contactable as they were overseas or not available via means of digital communication. This made gaining landlords signatures on forms very difficult and often impossible due to the time restraints of the application process and the fast turn around needed to meet deadlines for the festival.

TEMPORARY THEATRE POP-UP PILOT

2. All building owners that the Fringe had communication with were hesitant to have any type of council inspections on their properties.

There is an underlying mistrust of officials and a fear amongst building owners that any inspections will “red flag� the properties and result in other subsequent and unrelated inspections.

3. There is a strong belief and resulting fear that any compliance works that may need to be carried out as a result of the inspections, will incur a substantial cost.

As a result of the above, building owners were reluctant to sign a consent form for temporary use. On two occasions real estate agents refused to even take the permissions to the landlords stating that they knew what the reaction would be and that there was little point even pursuing it. The issues surrounding communication with, and approvals by building owners very seriously halts the process of activating temporary space. This is most detrimental when trying to present work in an open and operating business (see example #1, 469 King Street), as it puts the relationship between tenant and landlord at great risk, and tenants often feel fearful that they may jeopardise their lease should the landlord not be as supportive of the project as they are.

41

RECOMMENDATIONS

The current landscape of regulatory red-tape makes it virtually impossible to establish new small-medium sized performance focused spaces in an economically sustainable manner. As long as any cultural activity that includes performance is perceived as high risk and regulated as such, there is very little opportunity for temporary or permanent performance spaces with cultural activity as their main core of business to thrive and survive in Sydney.

The cultural and economic benefit of popup and temporary activity is now well documented. Temporary and affordable performance spaces could easily, and safely be housed in empty retail and alternative spaces.

Based on the experience of this project, the types of performance now presented by the majority of contemporary artists do not pose the same risks associated with the larger theatre models as they are less reliant on large halls with tiered seating, operating in near or total darkness. The risk profile of using an existing, ground floor shop front with a capacity of under 100 people is markedly different, and difficult to reconcile with existing regulation.

42

The attached reports by James Lidis and Michael Wynn- Jones outline recommendations concerning planning and BCA compliance. The recommendations below are directly derived from the Sydney Fringe Festivals experience during the Pop-Up Theatre Pilot and from extensive surveying of Fringe artists and sector feedback. All recommendations have been devised to service the growing need within the Independent sector for affordable, alternative spaces, with the goal of ensuring that any additional space opened up by any resulting changes will be economically sustainable and commercially viable while building a culturally diverse and vibrant sector.

• The creation of a clear and expanded regulatory pathway for ‘Temporary Use’. The definition attached to what is ‘temporary’ needs to be flexible enough to accommodate the needs of the sector and the varying needs of companies and projects. This would extend beyond the current 52 days outlined within the Sydney Local Environmental Plan to allow companies to break even on their investment in activated spaces.

• That regulation around performance be defined on the basis of a clearer assessment of the risk of small to medium creative spaces and contemporary practice, as distinct from the adaptation of standards designed for traditional, large theatres with tiered seating.

• That regulatory conditions accommodate multi-purpose business models to ensure financially diverse and sustainable cultural businesses.

• That the current costs associated with applications and compliance for a Change of Use be re-assessed to provide affordable pathways for small scale and low risk creative activities, so as to encourage the activation of empty space and the long term economic sustainability of the cultural sector.

• That the application process for temporary use be streamlined to enable projects with shorter lead times the ability to submit and gain approval in time to meet project deadlines

TEMPORARY THEATRE POP-UP PILOT

43

Appendix A: SYDNEY

FRINGE

FESTIVAL

INVESTIGATION

ENCOURAGE ARTS AND CULTURAL FACILITIES

A NEW APPROACH FOR ASSESSING PERFORMANCE SPACES

PREPARED FOR: THE SYDNEY FRINGE FESTIVAL THE CITY OF SYDNEY COUNCIL BY: DESIGN COLLABORATIVE PTY LIMITED MICHAEL WYNN-JONES & ASSOCIATES PTY LIMITED

19 OCTOBER 2015 Ref: 150644.2R

TO

CONTENTS 1.0 2.0

EXECUTIVE SUMMARY ............................................................................................. 3 INTRODUCTION ..................................................................................................... 4 2.1

3.0

INVESTIGATION AIMS AND OBJECTIVES ......................................................................... 6 3.1 3.2

4.0

DEVELOPMENT CONSENT PROCEDURES AND LAND USE DEFINITIONS ..................................................... 25 EXISTING LAND USE DEFINITIONS .................................................................................................... 26

PLANNING SOLUTIONS ...........................................................................................27 8.1 8.2 8.3 8.4 8.5 8.6 8.7

9.0

PERFORMANCE SPACES THE SUBJECT OF THIS PAPER ............................................................................ 19 BUILDING RELATED ISSUES ............................................................................................................. 22 FIRE AND LIFE SAFETY ................................................................................................................... 22 ACCESS FOR PEOPLE WITH A DISABILITY ............................................................................................. 23 SUMMARY OF KEY BUILDING ATTRIBUTES .......................................................................................... 23

PROCEDURES FOR DEVELOPMENT CONSENT & OPTIONS FOR CHANGES ...............................25 7.1 7.2

8.0

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 ................................................................. 12 ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION, 2000 ..................................................... 13

BUILDING RELATED MATTERS AND SOLUTIONS .............................................................19 6.1 6.2 6.3 6.4 6.5

7.0

123A KING STREET, NEWTOWN ....................................................................................................... 8 469 KING STREET, NEWTOWN ......................................................................................................... 8 59A ERSKINEVILLE ROAD, ERSKINEVILLE ............................................................................................. 9 75 MARY STREET, ST PETERS ........................................................................................................... 9 42-44 KENSINGTON STREET, CHIPPENDALE ...................................................................................... 10

NSW TOWN PLANNING LEGISLATION FOR ENTERTAINMENT ............................................12 5.1 5.2

6.0

REDUCE BARRIERS IN TOWN PLANNING AND BUILDING SYSTEMS ............................................................ 6 SOCIAL AND ECONOMIC BENEFITS ..................................................................................................... 6

CASE STUDIES ....................................................................................................... 8 4.1 4.2 4.3 4.4 4.5

5.0

BACKGROUND ............................................................................................................................... 4

A NEW DEFINITION ...................................................................................................................... 27 ADDITIONAL PERMITTED USES / CONTROLS RELATING TO PERMISSIBLE USES .......................................... 28 CLAUSE 5.4 – CONTROLS FOR MISCELLANEOUS PERMISSIBLE USES (STD. INSTRUMENT) ............................ 28 CLAUSE 2.5 – ADDITIONAL PERMITTED USES FOR PARTICULAR LAND (STD. INSTRUMENT) ......................... 29 ALTERNATIVE TO DEVELOPMENT CONSENT – COMPLYING DEVELOPMENT ............................................... 30 TEMPORARY USES ........................................................................................................................ 32 ANCILLARY DEVELOPMENT ............................................................................................................. 33

REVIEW OF CASE STUDIES AND CONCLUSIONS ..............................................................34 9.2 9.3

BCA REVIEW OF CASE STUDIES....................................................................................................... 34 TOWN PLANNING REVIEW OF CASE STUDIES ..................................................................................... 34

ATTACHMENTS ANNEXURE 1

CULTURAL SUB-COMMITTEE MEETING 11 MAY 2015; ITEM 3: GRANT – SYDNEY FRINGE FESTIVAL POP-UP THEATRES PILOT PROJECT

2

Executive Summary 1.1.1

1.1.2

This Paper responds to a brief seeking comment on how the town planning and building approval process for performance spaces could be made more efficient and user friendly so as to allow certain low impact arts and cultural activities in existing buildings with consents for retail and commercial use.

This Paper contains recommendations for changes that, if made, will provide additional controls to protect occupants and the community, ensure consistent decision making within consent authorities, and allow these existing spaces to be used as performance spaces whilst overcoming the cost of fire and life safety upgrading that would otherwise apply.

The Paper advances options from a town planning perspective that seek to make it more efficient to obtain development consent for the use of an existing retail or commercial space to provide low-risk forms of entertainment and performance. That is proposed to be done by incorporating a new definition within the standard instrument of low-risk arts and cultural facility and through complying development provisions that could be incorporated into the Standard Instrument.

The health, safety and amenity requirements that currently apply to entertainment venues (i.e.

Class 9b assembly buildings) are not appropriate for the performance spaces the subject of this Paper. The requirements associated with the Class 9b category were developed based on an assumption of large numbers of people, in an unfamiliar space, with fixed seating, aisles and cross overs, that there is a dedicated stage and backstage, that people will need to travel long distances to two or more exits with high loads of flammable material that could impede egress.

It is our opinion that the existing fire and life safety requirements in the existing retail and commercial (Class 5/6) spaces will be adequate, subject to meeting the following minimum requirements: Located on the ground floor thereby allowing quick egress; Floor area will be less than 300 m² and the population generally limited to 100 persons; The fire resistance, fire load, requirements for exit signs, emergency lighting, hose reels and fire hydrants are consistent with those for the existing Class 5/6 spaces.

3

This report was commissioned by the Sydney Fringe Festival with support from the City of Sydney. It is not an official position of the City of Sydney and is not endorsed by the City of Sydney Council.

Introduction Background This Paper responds to a brief issued by the Sydney Fringe Festival and the City of Sydney seeking comment on how the town planning and building approval process for performance spaces could be made more efficient and user friendly, with particular regard to be had to temporary approvals, as used by the City of Edinburgh to support the Edinburgh Fringe Festival.

The problem, as seen by the Sydney Fringe Festival is stated as follows: For a vibrant cultural sector we need a wide variety of cultural facilities, we need small intimate theatres, we need spaces where emerging artists can affordably hire and explore ideas, we need space for curated presentations and places companies and artists can run themselves and call home. In the current Sydney landscape this is simply impossible to achieve in any affordable way for the large majority of artists.

We need to think outside the box, we need to encourage artists and companies to redefine the traditional performance space and use available, affordable spaces. This doesn't just make cultural sense, it makes economic sense.

If empty retail space was opened up to the performance sector it would encourage a varied nightlife, reinvigorate our struggling high streets and add to night time economies, all the while filling a gaping hole in our local venue ecosystem, without major investment in infrastructure.

We welcome the opportunity to get our hands dirty and work alongside the City to explore alternative processes for the temporary use of space within the City, to allow the performing arts sector the same benefits that the retail sectors currently have within the pop-up revolution.

The recommendations in this Paper are based on a review of five (5) case studies of sites that had been considered by the Sydney Fringe Festival as possible performance spaces, but for which consent could not be readily obtained in time for the event.

4

Building Code of Australia (BCA) advice in this Paper is provided by Michael Wynn-Jones and Associates in the form of an analysis and recommendations with respect to the health, safety and amenity of existing retail or commercial spaces up to 300 m², proposed to be used as performance spaces. Addressing these building regulation matters is important as the current BCA requirements for theatres and public halls are restrictive, and not considered relevant of the performance spaces the subject of this Paper. That review is provided in Section 0 of this Paper.

Town Planning advice in this Paper is provided by Design Collaborative and reviews the approvals required under the Environmental Planning and Assessment Act 1979 (Planning Act) for performance spaces, the statutory considerations and, the barriers to obtaining timely determinations. It also includes recommendations as to how that process can be simplified.

That review is provided in Sections 6 and 7 of this Paper.

This Paper relies and builds upon the recommendations of a previously prepared Paper “Low Risk Arts and Cultural Venues – A NSW Case Study for National Application” prepared by Design Collaborative on behalf of the National Live Music Taskforce which reviews procedures for the provision of ancillary and standalone entertainment and makes recommendations for changes to the planning system to encourage the provision of entertainment.

This Paper concludes with recommendations for change, that if made, will provide additional controls to protect occupants and the community, ensure consistent decision making within consent authorities, and help lower barriers to the provision of low impact arts and cultural activities in performance spaces.

5

Investigation aims and objectives Reduce Barriers in Town Planning and Building Systems The following analysis of barriers to providing performances, entertainment or other similar arts and cultural activities is derived from issues identified in the Sydney Fringe Festival Pop-Up Theatres Pilot Project Report, considered at Sydney City Council’s Cultural Sub-Committee Meeting on 11 May 2015.

There is no clearly defined pathway, framework or process in either the Planning or Building Systems that is provided for the benefit of applicants to understand how the making of an application should unfold and the timeframe for approval; There are no detailed assessment criteria or risk management criteria for applicants when preparing an application which makes it impossible to cost a project or estimate timeframes for construction. There is no such criteria for Council staff which leads to inconsistencies between approaches depending on the experience of the Council Officer; The lack of clear criteria for Council Officers and applicants requires the use of external consultants who are required to educate the applicant and Council staff as to appropriate criteria and how they should be applied. It is expensive to hire consultants and doubly so if they need to take the time to explore alternative solutions for new or innovative projects; The above results in lengthy, costly and confusing regulatory process that acts as a deterrent to cultural initiatives; and Entertainment premises are generally required to be built to Class 9b of the National Construction Code. Upgrading of premises to comply with deemed-to-satisfy provisions for Class 9b is prohibitively expensive for most applicants. Similarly, hiring expert consultants to establish alternative solutions is expensive, time consuming and requires an additional layer of analysis and review Social and Economic Benefits The aim of the Sydney Fringe Festival is to make available presently underutilised commercial spaces, particularly retail spaces on high streets, for use as performance spaces for arts and cultural purposes.

6

The quote in the introduction from the Sydney Fringe Festival touches upon the social and economic benefits of providing improved pathways and lower barriers to providing performance and entertainment spaces.

It is widely recognised that there is significant pressure on retail high streets, initially from the popularity of standalone shopping centres, and more recently, from internet sales. Many brick and mortar stores are failing in the competition against online retail, resulting in an increasing number of empty shops on retail high streets and the length of time that these spaces stay empty.

The downturn in demand for retail goods needs to be replaced. It is clear that simply providing a greater variety of retail goods will not replace demand. To some extent, the reduction in demand for goods has been replaced by demand for services, and in particular, food and drink premises, which has seen recent strong year on year growth. However, food and drink premises cannot fill the gap entirely, which is evidenced in the continued availability of empty retail spaces and the high turnover of new restaurant operators.

A new approach is needed to draw patronage back to physical high streets and away from the internet and away from standalone shopping centres. That can only be done by providing a service which is physical, tangible or interactive because such a service cannot readily be provided by the internet.

Research from the National Live Music Office found that every $1 dollar that is spent on live music, generates $3 of benefit to the community. If this investment could be made privately throughout the year, it would drive interest and provide purpose for patrons to attend existing high streets. These patrons would then be likely to purchase goods and services that are available, thereby driving increased economic growth and employment opportunities – as is demonstrated during the Sydney Fringe Festival.

These economic benefits provide a solid basis to pursue the aims and objectives of this Paper to reduce barriers to providing performance spaces on retail high streets.

7

Case Studies 123A King Street, Newtown

Community facilities, entertainment facilities and innominate uses are permissible within the B2 Local Centre Zone for 123A King Street.

469 King Street, Newtown

Community facilities, entertainment facilities and innominate uses are permissible within the B2 Local Centre Zone for 469 King Street.

8

59A Erskineville Road, Erskineville

Community facilities and innominate uses are permissible but entertainment facilities are prohibited within the B1 Neighbourhood Centre Zone for 59A Erskineville Road.

75 Mary Street, St Peters

Community facilities, entertainment facilities and innominate uses are permissible within the IN2 Light Industrial Zone for 75 Mary Street.

9

42-44 Kensington Street, Chippendale

42-44 Kensington Street, Chippendale is zoned ‘City Edge’, under Sydney Local Environmental Plan 2005. All development except for brothels is permissible with consent in the City Edge Zone.

Under the Sydney LEP 2005 the use could be defined as one of the following definitions.

Community facility means a building or place that provides for the physical, social, cultural, religious, educational or intellectual development or welfare of the community, but does not include business floor space not directly related to its community function.

Commercial premises in Central Sydney means a building or place used as an office or for other business or commercial purposes, such as a bank, building society branch, customer-orientated financial services shop, cinema, club and public car parking area or station.

Refreshment rooms means premises in which meals or light refreshments are served to the public for profit or reward, whether or not they are also used for live entertainment or dancing.

Tourist-related uses means a building or place used for commercial, cultural, entertainment or educational purposes which primarily meet the needs of tourists.

Which of the above definitions is appropriate depends on a few fine distinctions, for example, if 10

it is operated primarily as a community organisation to provide a benefit to the community then community facility is inappropriate. If it is operated for profit then commercial premises might be more appropriate, unless it sells food and refreshments and then, refreshment room would be more appropriate, unless it sells food and refreshment to tourists, and then, tourist-related use would be most appropriate.

The definitions available under the Sydney LEP 2005 in this instance are poorly constructed. The appropriate land use definition can be finely dissected between four (4) alternatives, but from a land use and operational perspective, the distinction is essentially pointless.

11

NSW Town Planning Legislation for Entertainment Environmental Planning and Assessment Act, 1979 In NSW, the Planning Act prohibits development being carried out without consent.

Development, relevantly, is defined to include the use of land and so includes the provision of entertainment or performances.

There are three kinds of development consent available: Exempt development – development of minimal environmental impact specified within an Environmental Planning Instrument as not requiring development consent; Complying development – development that is permissible by addressing predetermined development standards specified within an Environmental Planning Instrument; and Development consent – requires a development application and is assessed against all relevant criteria for potential adverse impact on the natural, built and human environment. Development consent may be refused should it be considered approval would result in unreasonable adverse impacts.

There is presently no environmental planning instrument that permits entertainment to be undertaken as either exempt or complying development.

Section 79C ‘Evaluation’ of the Planning Act provides the relevant considerations for the assessment of a development application; viz: (1)

Matters for consideration—general In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application: (a)

the provisions of: (i)

any environmental planning instrument, and 12

(ii)

any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii)

any development control plan, and

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and (iv)

the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(v)

any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates,

(b)

the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c)

the suitability of the site for the development,

(d)

any submissions made in accordance with this Act or the regulations,

(e)

the public interest.

Section 80A ‘Imposition of Conditions’ of the Planning Act permits conditions of consent to be imposed for any matter related to s. 79C(1) and specifically to impose reviewable conditions of consent for extended hours of operation or the number of persons permitted in an entertainment venue, function centre, pub, registered club or restaurant. These provisions allow for development consents to be partially “recalled” and reassessed periodically.

Environmental Planning and Assessment Regulation, 2000 Section 79C(1)(a)(iv) of the Planning Act requires consideration of certain provisions of the Environmental Planning and Assessment Regulation,2000 (the Planning Regulation) in the 13

assessment of development applications. Those relevant to the assessment of entertainment are detailed below. These provisions provide the statutory link between the planning system and the building system.

Clause 93 ‘Fire safety and other considerations’ of the Planning Regulation requires the following considerations for applications that seek a change of building use and no building work: (1)

This clause applies to a development application for a change of building use for an existing building where the applicant does not seek the rebuilding, alteration, enlargement or extension of a building.

(2)

In determining the development application, the consent authority is to take into consideration whether the fire protection and structural capacity of the building will be appropriate to the building’s proposed use.

(3)

Consent to the change of building use sought by a development application to which this clause applies must not be granted unless the consent authority is satisfied that the building complies (or will, when completed, comply) with such of the Category 1 fire safety provisions as are applicable to the building’s proposed use.

Fire protection and structural capacity of a building is defined in the Planning Regulation to mean: the structural strength and load-bearing capacity of the building, and the measures to protect persons using the building, and to facilitate their egress from the building, in the event of fire, and the measures to restrict the spread of fire from the building to other buildings nearby.

Clause 93 of the Planning Regulation is relevant to the case studies assessed in this Paper, as the intention is to use existing retail or commercial spaces that require no or very little physical work. Clause 93 requires development consent for the “change of use” from Class 6 1 retail

1

Pursuant to the BCA “Class 6” is a shop or other building for the sale of goods by retail or the supply of services direct to the public, including: (a)

an eating room, cafe, restaurant, milk or soft-drink bar; or

(b)

a dining room, bar, shop or kiosk part of a hotel or motel; or

(c)

a hairdresser’s or barber’s shop, public laundry, or undertaker’s establishment; or

(d)

market or sale room, showroom, or service station.

14

or Class 5 2 commercial space to Class 9b assembly 3 space. This is required even where no building work is proposed.

Clause 94 ‘Consent authority may require buildings to be upgraded’ of the Planning Regulation provides the following considerations when building work (as defined in the Planning Act) is proposed: (1)

(2)

This clause applies to a development application for development involving the rebuilding, alteration, enlargement or extension of an existing building where: (a)

the proposed building work, together with any other building work completed or authorised within the previous 3 years, represents more than half the total volume of the building, as it was before any such work was commenced, measured over its roof and external walls, or

(b)

the measures contained in the building are inadequate: (i)

to protect persons using the building, and to facilitate their egress from the building, in the event of fire, or

(ii)

to restrict the spread of fire from the building to other buildings nearby.

In determining a development application to which this clause applies, a consent authority is to take into consideration whether it would be appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.

2

Pursuant to the BCA “Class 5” is an office building used for professional or commercial purposes, excluding buildings of Class 6, 7, 8 or 9

3

Pursuant to the BCA “Assembly building” in NSW means a building where people may assemble for— (a)

civic, theatrical, social, political or religious purposes including a library, theatre, public hall or place of worship; or

(b)

educational purposes in a school, early childhood centre, preschool, or the like; or

(c)

entertainment, recreational or sporting purposes including—

(d)

(i)

a cinema; or

(ii)

a sports stadium, sporting or other club; or

transit purposes including a bus station, railway station, airport or ferry terminal.

Insert definition for auditorium as follows: Pursuant to the BCA “Auditorium” means a part of an entertainment venue used or intended to be used for the purposes of accommodating an audience to an entertainment.

15

Clause 94 of the Planning Regulation is less relevant to the performance spaces the subject of this Paper, as the intention is to utilise spaces that do not require building work. Clause 94 of the Planning Regulation will likely be addressed in future papers.

Clause 98C ‘Conditions relating to entertainment venues’ of the Planning Regulation imposes certain conditions on entertainment venues (through Schedule 3A), as follows.

Schedule 3A Entertainment venues (Clause 98C) 1

Nitrate film

An entertainment venue must not screen a nitrate film.

2

Stage management During a stage performance, there must be at least one suitably trained person in attendance in the stage area at all times for the purpose of operating, whenever necessary, any proscenium safety curtain, drencher system and smoke exhaust system.

3

Proscenium safety curtains If a proscenium safety curtain is installed at an entertainment venue:

4

(a)

there must be no obstruction to the opening or closing of the safety curtain, and

(b)

the safety curtain must be operable at all times.

Projection suites (2)

When a film is being screened at an entertainment venue, at least one person trained in the operation of the projectors being used and in the use of the fire fighting equipment provided in the room where the projectors are installed (the projection room) must be in attendance at the entertainment venue.

16

11

(3)

If the projection room is not fitted with automatic fire suppression equipment and a smoke detection system, in accordance with the Building Code of Australia, the person required by subclause (2) to be in attendance must be in the projection suite in which the projection room is located during the screening of a film.

(4)

No member of the public is to be present in the projection suite during the screening of a film.

Emergency evacuation plans (1)

An emergency evacuation plan must be prepared, maintained and implemented for any building (other than a temporary structure) used as an entertainment venue.

(2)

An emergency evacuation plan is a plan that specifies the following:

(3)

(a)

the location of all exits, and fire protection and safety equipment, for any part of the building used as an entertainment venue,

(b)

the number of any fire safety officers that are to be present during performances,

(c)

how the audience are to be evacuated from the building in the event of a fire or other emergency.

Any fire safety officers appointed to be present during performances must have appropriate training in evacuating persons from the building in the event of a fire or other emergency.

Clause 98D ‘Conditions relating to maximum capacity signage’ of the Planning Regulation requires signage related to the maximum capacity of certain premises to be erected at its entrance; viz: (1)

For the purposes of section 80A (11) of the Act, the requirement set out in subclause (2) is prescribed as a condition of development consent (including an existing development consent) for the following uses of a building, if the development consent for the use contains a condition specifying the maximum number of persons permitted in the building: (a)

entertainment venue, 17

(b)

function centre,

(c)

pub,

(d)

registered club,

(e)

restaurant.

(2)

From 26 January 2010, a sign must be displayed in a prominent position in the building stating the maximum number of persons, as specified in the development consent, that are permitted in the building.

(3)

Words and expressions used in this clause have the same meanings as they have in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

Clause 187 ‘Modification and Supplementation of Building Code of Australia Standards’ of the Planning Regulation permits variation to BCA compliance requirements in the construction of new work; viz: (2)

The applicant in relation to development to which this clause applies may lodge with the consent authority or certifying authority an objection: (b)

that compliance with any specified provision of the Building Code of Australia (as applied by or under clause 98 or 136A) is unreasonable or unnecessary in the particular circumstances of the case.

The recommendations in this Paper with respect to the health safety and amenity requirements for the performance spaces are consistent with the intent of Clause 187 of the Planning Regulation. The recommendations are based on determining that the health, safety and amenity requirements for the performance use are not dissimilar to those for the existing retail and/or commercial use.

Schedule 1 of the Planning Regulation outlines documentation that is required to be submitted with a development application. Relevantly, subsection (1)(o) requires a statement of the maximum number of persons proposed to occupy the relevant part of the building for entertainment venues, function centres, pubs, registered clubs or restaurants.

18

Building Related Matters and Solutions Performance spaces the subject of this Paper The performance spaces the subject of this Paper will be located at ground level and are limited to 300 m² as shown in Figure 1 of this Paper.

Figure 1 (Location of performance spaces) Performance space: • Ground floor only • ≤ 300 m² Residential

Retail/commercial

Performance space

Performance space

Section through buildings - diagrammatic only

The existing spaces that will ‘accommodate’ the performance spaces the subject of this Paper are likely to be retail or commercial spaces.

The required fire resistance of a building is determined based on that building’s use, ‘rise in storeys’ and floor area/volume. All buildings the subject of this Paper must be constructed in at least Type C construction (the least fire resisting), some would need to be of Type B construction (intermediate), and all buildings having a rise in storeys greater than four (4) must be constructed in the most fire resisting Type of construction, being Type A construction.

19

The existing spaces the subject of this Paper are one or two storey buildings of Type B or Type C construction, with either retail and commercial on both storeys, or residential on the top storey and retail or commercial on the ground floor storey.

The proposal to provide performance spaces on the ground floor would not change the Type of fire resisting construction required (which is determined in accordance with Table C1.1 of the BCA) even where the performance spaces were considered Class 9b. This is shown in Figure 2 of this Paper.

Figure 2 (Fire resisting construction)

G.L.

Type B

Type B

Type C

Type C

Class 2/4

Class 2/4

Class 5/6

Class 5/6

Class 5/6

Class 9b

Class 5/6

Class 9b

Section through buildings - diagrammatic only

The total population in the performance spaces the subject of this Paper will be limited to between 100 and 120 persons, notwithstanding that 300 people could technically be accommodated where the population determined using the rates set out in in D1.13 of the BCAof one person per square metre of floor area.

Egress from the performance spaces the subject of this Paper will comply with the requirements in D1.4 of the BCA for a retail or commercial space, as shown in Figure 3 of this Paper.

20

Figure 3 (Egress from performance spaces)

Public Road

Example 1

Example 2

Example 3

20 m 30 m Choice of alternative exit (20 m)

≤ 40 m

Site and floor plan

The door hardware provided to the egress doors serving the performance spaces the subject of this Paper is consistent with the existing hardware to the exit/s serving the existing Class 5/6 spaces, and Class 9b spaces accommodating not more than 100 persons. Where up to 120 persons is proposed the ‘exit doors’ must be left unlocked when the space is occupied and panic bars are not fitted.

The exit signs, emergency lighting, hose reels and fire hydrants serving the performance spaces the subject of this Paper are consistent with the requirements for the existing Class 5/6 21

spaces.

There is no requirement to provide a sound system and intercom system for emergency purposes in the performance spaces the subject of this Paper as the floor area is small and the buildings are low rise.

Building Related Issues Generally speaking, very few of the existing Class 5/6 land uses are built to comply with the higher standards of a Class 9b space. It is expensive to build or retrofit to this standard. It is so expensive in fact, that pubs and restaurants have been specifically exempted from these requirements whether or not they provide entertainment. Clearly, for small intimate performance spaces with low numbers of patrons, there is no reason why such high building standards should continue to be required, and it is our opinion that to do so essentially prohibits existing Class 5/6 spaces being used as performance spaces even though the health, safety and amenity issues are adequately addressed without the need to comply with the more onerous ‘Class 9b requirements’.

Fire and Life Safety The fire and life safety BCA issues for general Class 9b Assembly Buildings and the more onerous requirements for Class 9b Entertainment Venues are based on an assumption that there are large numbers of people in an unfamiliar space with fixed seating, aisles and cross overs, that there is a dedicated stage and backstage, that people will need to travel long distances to two or more exits, and a high fire load that could impede egress.

It is our opinion that the fire and life safety requirements for Class 9b spaces are not relevant to the smaller performance spaces the subject of this Paper, and that the existing fire and life safety requirements of compliant Class 5/6 spaces will be adequate.

The main BCA requirements for Class 5/6 spaces the subject of this Paper are based on low rise buildings (one or two storeys) of Type B or Type C fire resisting construction, with a floor area (300 m²) much less than is allowed (2 000 m² and greater), and where travel to an exit is less than 30 m where there is only one exit, and no more than 40 m where two exits are required and provided.

The fire resistance of the case study buildings is such that openings in the external walls are generally protected (to prevent fire spread between buildings), and walls built up to the boundary are fire resisting common or party walls.

The fire services provided in these existing Class 5/6 spaces usually comprises exit signs, emergency lighting and a smoke detection and alarm system even though some of these services are not required given the small floor area of the spaces.

22

Access for people with a disability Access for people with a disability is not usually provided to the existing Class 5/6 spaces given their age and small floor area, and in many cases it would be difficult to provide complying access as the shop fronts open directly onto a footpath and the thresholds and floor levels are much high than the footpath.

Pursuant to the Federal Premises Standards appropriate access for persons with a disability would need to be provided to these existing Class 5/6 spaces where a building application seeking ‘building approval’ (a complying development or construction certificate in NSW) for the construction of a “new part” 4 is lodged on or after 1 May 2011.

Exempt development in NSW includes building work of such a minor nature that building approval is not required. An example of minor building work considered exempt development is contained in Part 2 (Exempt Development Codes) of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP).

Access for people with a disability would not need to be provided to the performance spaces the subject of this Paper where: No building work was proposed (this is the current proposal); or Building work considered Exempt Development was required by the Council as a condition of determining any application (for example minor work required pursuant to clause 93 of the Planning Regulation); or Building work not considered Exempt Development is proposed and the application is lodged by a lessee 5.

Summary of key building attributes The following summary of the key attributes of the performance spaces the subject of this Paper is provided to highlight that the existing fire and life safety requirements in the existing Class 5/6 spaces will be adequate, subject of course to these existing spaces generally complying with the main BCA requirements for Class 5/6 spaces:

4

A “new part” is an extension to the building or a modified part of the building where an application for approval is submitted on or after a certain date

5

Section 4.3 of the Federal Premises Standards in effect says that the responsible people referred to (in the Standards) do not have to ensure the affected part complies where the lessee submits an application for approval for the building work

23

Located on the ground floor thereby allowing quick egress Floor area will be limited to 300 m² Population will generally be limited to 100, which is less than the possible population in the existing Class 5/6 spaces 6 Required fire resistance level is equal to or less than for the existing Class 5/6 spaces 7 Fire load is no greater than in the existing Class 5/6 spaces 8 Risk of being involved in a fire is no greater in the existing Class 5/6 spaces 9 Exit system (in terms of travel to an exit) is consistent with the system serving the existing Class 5/6 spaces 10 (as shown in Figure 3 of this report) The door hardware provided to exits and doors in a path of travel to an exit is consistent with that serving the existing Class 5/6 spaces, and Class 9b spaces accommodating not more than 100 persons. Where the population exceeds 100 persons but not more than 120 persons a requirement will be imposed to the effect that exit doors must be left unlocked when the space is occupied, except where the doors can be opened without a key by a single hand pushing action or downward action on a single device which is located between 900 mm and 1.2 m from the floor. 11 The requirements for exit signs, emergency lighting, hose reels and fire hydrant are 6

Whilst the floor area of a space is used to determine the exit width and facilities required the population in a Class 5/6 space is not regulated by the BCA. Neither the BCA nor the NSW legislation regulates situations where the actual population exceeds the exit width provided. The recommendations in this Paper address this issue for the performance spaces by limiting the population to 100 even though more than 300 persons could be accommodated based on a floor area/person rate of 1 m²/person (D1.13 of the BCA)

7

The existing Type of Fire resisting construction required for the Class 5 and 6 spaces is consistent with the Type of Fire resisting construction that would be required for the Class 9b space – see discussion commencing in 0 on page 6 of this Paper

8

The fire load (being combustible materials) in a typical Class 6 space is potentially higher than the fire load in the performance spaces the subject of this Paper

9

The ignition source in a performance space the subject of this Paper are no greater than those in the existing Class 5/6 space, as no naked flame, fireworks or other pyrotechnics are proposed

10

The travel distance allowed to a single exit in a Class 5 or 6 building (D1.4 of the BCA) is either 20 m or 30 m. Where the distance exceeds 30 m a second exit would be required for a Class 5 or 6 building, and for the performance space

11

The intent of the requirement (in D2.21 of the BCA) to provide panic bars to exit doors and doors in a path of travel to an exit serving a Class 9b assembly is associated with large populations. This requirement does not apply in retail or commercial spaces with large populations, or in Class 9b spaces used for religious purposes.

In any event D2.21 of the BCA requires that ‘panic bars’ only where the space accommodates more than 100 persons.

24

consistent with those for the existing Class 5/6 spaces 12 There is no requirement or proposal to provide a sound system and intercom system for emergency purposes in the performance space 13.

Procedures for Development Consent & Options for Changes Development Consent Procedures and Land Use Definitions Under the Planning Act, each local Council prepares its own ‘Environmental Planning Instrument’ (EPI) to guide development in accordance with the broad objectives of the Planning Act and any State or Regional Strategic Planning documents. An EPI is required to be considered under s. 79C of the Planning Act and has the force of law.

EPIs contain land use zones (among other controls that are not relevant here) under which certain land uses are listed as being permissible or as being prohibited. These documents also contain definitions for various land uses.

The first step in seeking consent is to ascertain whether the available definitions include the land use that is sought. There are two (2) possible definitions that could apply to the activities undertaken by the Sydney Fringe Festival; viz: entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club. community facility means a building or place: (a) owned or controlled by a public authority or non-profit community organisation, and (b) used for the physical, social, cultural or intellectual development or welfare of the community, but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.

12

As a general principle Part E4 of the BCA does not require that exit signs or emergency lighting is required to a space ≤ 300 m². The intent of these requirements is used for the purposes of this Paper even though it is likely that exit signs or emergency lighting is provided to most of the existing Class 5/6 spaces.

13

E4.9 only requires such a system where the space is a theatre, public hall, or the like, having a floor area more than 1 000 m² or a rise in storeys of more than 2. This is not proposed

25

From the above two choices, community facility is the preferred definition because it specifically applies to a building “controlled by a non-profit community organisation” and the buildings are intended to be used for the “cultural development or welfare of the community”. The Sydney Fringe Festival is a non-profit community organisation and that seeks to encourage development of the independent arts sector.

Whilst entertainment facility could just as equally apply, for example as a “theatre” or “music hall”, if a more specific definition is available it must be preferred.

Existing Land Use Definitions The issue that arises from the above is for those premises that are not run under the umbrella of the Sydney Fringe Festival, and are unlikely to be “controlled by a public authority or nonprofit community organisation” and so would not have the community facility definition available to them. The only alternative definition is entertainment facility. This is problematic.

The definition for entertainment facility is very broad. It includes theatres, cinemas, concert halls, music halls and dance halls. It is clear that the land use of entertainment facility has been designed to capture large assembly buildings. It also captures “nightclubs” and this is another reason why it is problematic. Without the relevant experience or advice, an applicant would have significant difficulty articulating why their premises will not be a “nightclub” (or similar, intensive style of operation) in a concrete way, which would satisfy other stakeholders such as Council, the Police and neighbours.

Being unable to articulate the characteristics of the proposed operation and use of a performance space, or not being aware of what is necessary, leads to a situation where the health, safety and amenity requirements for an entertainment facility under the standard instrument are consistent with those for an entertainment venue under the Planning Regulation (as referred to in Error! Reference source not found. of this Paper).

The health, safety and amenity requirements for general assembly buildings, entertainment facilities and entertainment venues are not appropriate for the performance spaces the subject of this Paper, as the requirements were developed to cater for large floor area venues with large populations, a dedicated stage and fixed seating.

26

Planning Solutions A New Definition Given the issues as outlined above, a new definition is required that gives surety to stakeholders as to the intended use of performance spaces, and differentiates between these small spaces (with small populations) and the larger more traditional assembly spaces.

A proposed solution to address the planning issues is the creation of a definition of low-risk arts and cultural facilities, meaning a basement, ground or first floor of a building or part of such a building which provides entertainment in the form of live performance, or, stationary art such as images, sculpture or cinema whether or not the premises provides food and drink, but does not include: any premises where the density of patrons is greater than one person per square metre of publicly accessible floor space; or any premises with a capacity greater than 120 patrons.

The proposed definition emphasises that the land use must: Be for arts or cultural purposes, and therefore not a nightclub or the like; Not be intensively used, with a capacity of one person per square metre which is no different to a restaurant or retail space, and therefore not a nightclub or the like, and also poses a lower fire risk than buildings that are more densely populated; and Be relatively small with a capacity number that is consistent with what the City of Sydney (generally) deems to be a “low-risk premises�, and therefore not a nightclub or the like, and also poses a lower fire risk than larger buildings, for example, that are generally triggered when buildings exceed 500sqm of floor space.

In addition, there is no inference as to the level of building standard required which should provide flexibility to certifying authorities to consider any class of building for the proposed use. Built into the definition are restrictions that reduce risk to the surrounding area, provide surety to stakeholders and lower fire risk. The fact that the land use is also restricted to the basement, ground or first floor also reduces fire risk.

27

The reason why the proposed definition is so tightly restricted is because from a planning perspective, there is nothing preventing a person from applying for an entertainment facility that would be subject to the same restrictions and achieving the same end. The strictness resolves the issue of applicants having to articulate these restrictions themselves and to force planners and certifiers to consider the land use as low risk.

Additional Permitted Uses / Controls Relating to Permissible Uses It is recognised that the above proposed definition, within it, incorporating self-imposed restrictions has not previously been contemplated for the Standard Instrument. There is no land use definition that carried with it restrictions as to how the land use shall operate.

Therefore, other stakeholders, such as the Department of Planning, may not be inclined to accept such a change in approach to the Standard Instrument. Two alternatives are therefore proposed.

Clause 5.4 – Controls for Miscellaneous Permissible Uses (Std. Instrument) Clause 5.4 ‘Controls Relating to Miscellaneous Permissible Uses’ of the Standard Instrument, permits the attaching of restrictive criteria to any land use. In this respect, Arts and Cultural Facility may be an acceptable definition to include in a Standard Instrument, but the restrictions may not.

The definition inserted into the Standard Instrument could be included in Land Use Zones where it would ordinarily be inappropriate to permit entertainment facilities, such as residential zones, or less intensive mixed use zones. The restrictions on the use throughout the relevant local government area could be incorporated into Clause 5.4.

The definition would then need to be as follows: low-risk arts and cultural facility, means a building or part of a building which provides entertainment in the form of live performance, or, stationary art such as images, sculpture or cinema whether or not the premises provides food and drink.

The restriction under Clause 5.4 would be as follows.

Arts and Cultural Facility If development for the purposes of arts and cultural facility is permitted under this Plan, the use may only be approved at the basement, ground and/or first floor of a building and must not: i) Have a patron density greater than one patron per square metre of publicly available floor space; or 28

ii) A capacity greater than 120 patrons.

Clause 2.5 – Additional Permitted Uses for Particular Land (Std. Instrument) Clause 2.5 ‘Additional Permitted Uses for Particular Land’ is generally used to permit specific land uses in certain lots which would ordinarily be prohibited due to land zoning.

These provisions can however be utilised in the same manner as Clause 5.4 to only make those land uses permissible under certain circumstances. Entertainment facilities or arts and cultural facilities could therefore be made permissible throughout the local government area contrary to zoning provisions and subject to restrictions as follows.

(1)

Development on particular land that is described or referred to in Schedule 1 may be carried out: (a)

with development consent, or

(b)

if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)

This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

Schedule 1 Use of Land as Entertainment Facility This clause applies to all land to which this Plan applies.

Development for the purpose of an Entertainment Facility may be carried out with development consent in any zone as an Arts and Cultural Facility if it used for the social, cultural or intellectual development or welfare of the community and: i. Is

located in the basement, ground or first floor of a building; and

ii. Has

a maximum patron capacity not exceeding 120 patrons; and

iii. Has

a patron density equal to or lesser than one (1) person per square metre of publicly accessible floor area.

29

Alternative to Development Consent – Complying Development Complying Development Provisions can be incorporated into either Clause 3.3 of the Standard Instrument or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

For development which may otherwise require development consent and is considered to be of low to moderate risk, Complying Development criteria can be created to permit that use.

The development standards created would need to ensure that the risk associated with the provision of entertainment is mitigated.

This would assist in encouraging the provision of entertainment by lowering the bar in obtaining development consent and provide a pathway to moderate levels of entertainment by clearly outlining building requirements.

(2) Development specified in Part 1 of Schedule 3 that is carried out in compliance with: (a) the development standards specified in relation to that development, and (b) the requirements of this Part, is complying development.

(3) To be complying development, the development must: (a) be permissible, with development consent, in the zone in which it is carried out, and (b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and (c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4) A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

Compliance with the BCA as referred to in clause 3(b) above in Section 6.0 of this Paper.

30

The land use that would be permitted under Part 1 of Schedule 3 of a Standard Instrument would best be described simply as “art, performance or entertainment”. Relevant considerations or prohibitions that could be incorporated into the Part 2 of Schedule 3 could be as follows: The provision of art, performance or entertainment may be provided in premises which have development consent for another purpose, subject to adherence to the following requirements or stricter requirements if they apply elsewhere: All conditions of development consent continue to apply and the provision of art, performance or entertainment must comply with all requirements of the development consent.

Operating hours are 10am and 10pm any day of the week or lesser if trading hours are imposed under any development consent condition.

Noise produced must comply with the Protection of the Environment Operations Act, 1997 for “offensive noise”, unless stricter requirements apply separately.

Large percussion instruments such as drums, gongs and cymbals must not be utilised.

Naked flame or other Pyrotechnics must not be used A 5 kg Fire Extinguisher suitable for a Type A and E fire must be located within 20 m of electrical fire risks such as in-house amplification equipment, electronic equipment or the like and must be certified annually A copy of the annual fire safety certificate must be kept on premises The maximum capacity of the premises must be displayed at the main entrance to the premises The maximum population must not exceed 100 persons where each exit door is not less than 750 mm wide measured clear of all obstructions and the aggregate exit width is 750 mm, or 120 persons where the aggregate exit width is 1.5 m (where two exit doors are provided) or 1 m (where one exit door is provided) The doors serving as exits must be left unlocked when the space is occupied, except where the doors can be opened without a key by a single hand pushing action or downward action on a single device which is located between 900 mm and 1.2 m from the floor Toilet facilities in accordance with Table F2.3 of the BCA must be provided where food and drink is provided Exits and any fixed tables, chairs or furniture must be positioned so that the maximum travel Distance to an exit from the worst point of the ground floor to an exit does not exceed 30 m (where only one exit is provided), or 40 m (where two exits not less than 6 m apart are provided and a choice of travel in different directions is available after travelling 20 m from that worst point).

31

It is considered that the considerations and prohibitions above adequately restrict the use of the building and the provision of art, performance or entertainment to what would be considered low to moderate risk operations. Consequently, the considerations appropriately protect the surrounding area from adverse impact and the users of the building with respect to fire and life safety.

We note further that under the Codes SEPP, cl. 1.17A ‘Requirements for Complying Development for All Environmental Planning Instrument’s, sub-clause (d) prohibits the carrying out of any complying development on so much of any land that is subject to an interim or heritage order under the Heritage Act, 1977 or heritage item under an Environmental Planning Instrument.

Clause 1.18 ‘General Requirements for Complying Development for this Policy’ prohibits complying development for draft heritage items under an Environmental Planning Instrument.

With respect to State Heritage Items under the Heritage Act, 1977, an exemption is available.

However, no such exemption is available for local heritage items and the above prohibition applies even in the case where there is no work proposed.

It is considered that the Codes SEPP should be amended to permit complying development to be approved for all heritage items where no work is proposed, such as in the case of a change of use, or to provide art, performance or entertainment as proposed above.

Furthermore, exemptions should be available, such as those under cl. 5.10(3) of the Standard Instrument for minor works to heritage items with the approval of the local consent authority, for work permitted under the Codes SEPP to be carried out on heritage items.

Temporary Uses The issue of temporary uses may be relevant from a town planning perspective, but from a building perspective it is not relevant. The use of a building is required to comply with the relevant building safety standards no matter if it is to be used for one (1) hour, one (1) day or permanently.

From a town planning perspective, temporary uses can lower the bar for assessment purposes with respect to potential adverse impacts. For example, an application may give rise to concerns to impacts associated with parking demand or acoustic impact, which in the scope of a land use that may only seek approval for two (2) weeks might be considered acceptable without the need to rely on Traffic and Parking or Acoustic Reports due to the temporary nature of the use.

For example, imagine an empty retail shopfront that adjoins a residential dwelling. The retail 32

shop is sought to be used as part of the Sydney Fringe Festival for a theatre production containing some amplified music and stringed instruments, no later than 10pm for a period of two (2) weeks.

If the above application were sought on a permanent basis it may be reasonable to request an acoustic report to confirm that use is capable of complying with the relevant acoustic criteria and to ensure that appropriate procedures are in place for compliance.

Where that use is only proposed on a temporary basis and, as above, is low-risk and ceases at a reasonable hour, it may be considered unreasonable to require an Acoustic Report that would cost $4,000-$5,000 where the extent of impact, if it were to occur, would be for a short period of two (2) weeks.

Ancillary Development The provision of entertainment may be provided in any existing retail or business premises, so long as the entertainment is “ancillary� to the primary purpose of the land use and could not be considered an independent use of the land.

It is recommended that Guidelines are prepared specifically to encourage the provision of entertainment as ancillary development for a variety of businesses.

Common examples are small bands in the corner of pubs or restaurants, but there is no reason why entertainment of a similar kind of other performances could not be used to draw patrons to a business in support of a primary purpose such as retail or other business land use.

33

Review of Case Studies and Conclusions Each of the above case study sities were reviewed to consider the relevant town planning considerations with respect to permissibility, together with the health, safety and amenity requirements that would be considered, given the performance spaces are technically Class 9b spaces.

BCA Review of Case Studies Each of the case studies sites, except 75 Mary Street, St Peters, are consistent with the performance spaces described in Section 6.0 of this Paper, as: The space is located on the ground floor thereby allowing quick egress; The floor area is less than300 m²; The population can be limited to 100 persons; The existing fire resistance level is equivalent to a Class 9b space; The fire load is no greater than that associated with the Class 5/6 spaces; The risk of a fire starting is no greater than the risk in the Class 5/6 spaces; The travel distance to an exit/s is consistent with Class 5/6 spaces; The door hardware to exits is consistent with the Class 5/6 spaces, and Class 9b spaces accommodating not more than 100 persons; The fire services appear consistent with the Class 5/6 spaces; and No sound system and intercom system for emergency purposes is required.

Town Planning Review of Case Studies

34

Community facilities and entertainment facilities are permissible for all of the case study sites, other than 59A Erskineville Road.

It is anticipated that due to the restricted nature and lower potential intensity of the use, low risk arts and cultural facilities could be made permissible in a wider array of land use zones. For example, entertainment facilities are prohibited within the B1 Neighbourhood Zone for 59A Erskineville Road, where other land uses that may provide entertainment such as pubs and restaurants are permissible.

Innominate land uses are permissible for all of the case study sites. An innominate land use is not specifically prohibited, and so is permissible with consent.

That bodes well for using innominate terms, such as the low-risk arts and cultural facility definition proposed. However, it is entirely inappropriate to do so when there is an appropriate land use definition available. The question therefore is whether a more appropriate definition could fit between community facility and entertainment facility.

It is considered highly likely that either community facility or entertainment facility would be considered a sufficiently reasonable and appropriate definition to use, and would therefore be preferred over the innominate definition of low risk arts and cultural facilities, particularly, where entertainment facilities are prohibited.

For that reason, it is necessary to introduce a new definition to overcome the problem of seeking to utilise the innominate definition of low-risk arts and cultural facility.

Use of the proposed land use definition low risk arts and cultural facility, whether it is added to the list of permissible uses under the Land Use Table or made permissible via some other mechanism such as Clause 2.5 ‘Additional Permitted Uses for Particular Land’, Clause 3.3 ‘Complying Development’ or Clause 5.4 ‘Controls Relating to Miscellaneous Permissible Uses’, would make that land use permissible with development consent. In this respect, it is only partly less complicated than using the definition of entertainment facility.

The use of a new definition to narrow the ambit of development consent sought to provide entertainment is intended to narrow the potential for adverse impact and reduce building related costs. By narrowing the considerations, the aim is to reduce adverse impact, stakeholder concern and eliminate the use of higher than necessary fire safety provisions.

The short comings of the use of this new definition are similar to that of entertainment facility, in that there is the possibility for the perception of, or actual, adverse impact if the Application is not properly framed. For example, there is no restriction on the type of entertainment that is provided or the hours of operation. Applicants need to be cognisant of such potential issues, but of course, the same could be said for the land use of entertainment facility.

35

In order to raise awareness of these relevant matters, and so as to provide an alternative path of approval, a complying development process is also proposed.

The most important aspect of the complying development process is that it requires the premises to have an existing commercial development consent and stipulates maximum operating hours, capacity and style of entertainment if they are not controlled by an existing development consent.

Copies of the development consents that apply to the case study sites in order to comment on their effect have not been sought.

Notwithstanding, the assumption is that the previously approved land use will have restrictions appropriate for the surrounding area. If it is the case that trading hours and patron capacity were proposed for business reasons and are not appropriate for a low the risk arts and cultural facility, then the consent merely needs to be modified to extend the trading hours or increase the patron capacity.

That significantly narrows the considerations necessary for the consent authority, as opposed to seeking consent for an entirely new land use, which should increase the speed in which a determination can be made and at the same time minimise costs.

36