DD2753 Queen Elizabeth Olympic Park - Since 9/11 lease

1.1.    The 9/11 artwork by Miya Ando is made from steel from the Twin Towers building destroyed during the 9/11 attacks in New York. It was commissioned by Since 9/11, formerly known as the ‘9/11 London Project Foundation’, as part of their work as an educational charity, whose purpose is to ensure that the legacy of 9/11 is one that builds hope from tragedy.
1.2.    The artwork was gifted to the UK as a tribute to the nearly 3,000 victims of the 9/11 attacks, including 67 Britons. Initially displayed as part of a temporary exhibition at Battersea Park, it was later relocated in 2015 to a permanent site on a mount adjacent to the London Aquatic Centre in Queen Elizabeth Olympic Park (QEOP), where it is currently situated.
1.3.    Consent was previously provided under Assistant Director Decision 229 (ADD229) for the LLDC to enter into a 10-year lease with Since 9/11 for the artwork's initial installation in the Park in 2014 at a peppercorn rent. Following the initial lease expiry in 2024, the lease was renewed in October 2024 on a further 10-year lease.
1.4.    Mayoral consent is required for the LLDC to re-enter into a lease with Since 9/11 under Section 4.4 of the London Legacy Development Corporation Governance Direction 2019 as this is a ‘Land Transaction’ as defined in clause 2 of National Lottery Funding Repayment Agreement (NLFRA). 
 

2.1.    The artwork has an accompanying 9/11 education programme, created by the Institute of Education at the University of London, which was designed to help children learn about the 9/11 attacks, their causes and their consequences. 

2.2.    Since 9/11 will continue to provide their educational programme focusing on the artwork for the duration of the lease term. This programme includes encouraging local schools and the community to engage with the artwork in the park. The initiative aims to support teachers and pupils in exploring the events and consequences of 9/11 to help them understand:
•    why the events of 11th September 2001 occurred
•    what is the impact they have had on the US, UK and the global community
•    how relations between communities were affected
•    the different ways in conflict have been and can be resolved.

2.3.    Additionally, the programme promotes the importance of tolerance and respect for all faiths and cultures.
2.4.    Both artwork and the education programme are consistent with the Olympic ideals, and therefore it is considered that QEOP continues to provide an appropriate setting for the artwork, adding to the educational and visitor offer in the park.
 

3.1.    When the original planning application to locate the artwork at QEOP was made, the then LLDC Planning Decisions Committee considered the application to be compliant with the Equality Act 2010. LLDC’s Planning Policy Decisions Team commissioned an Equalities Impact Assessment (EqIA), which found that Since 9/11’s education programme could promote tolerance and peace, aligning with Since 9/11’s objectives and the Mayor’s Equality, Diversity, and Inclusion Strategy. The EqIA also suggested that the programme should mitigate any potential negative impacts.
3.2.    No further EqIAs have been conducted since the initial installation of the 9/11 artwork.
3.3.    The initial planning consent in 2015 required the submission of the education programme as a key condition. The latest planning consent reiterates that details of the educational message and strategy must align with the requirements set out in the earlier permissions to ensure effective communication, engagement, and community involvement.
 

Key risks and issues
4.1.    Under the leasehold arrangement with Since 9/11, LLDC’s financial exposure will be limited as whilst LLDC is responsible for the maintenance of the artwork (including checks on its structural integrity) it can recover the cost from Since 9/11 through a quarterly service charge (and additional payments where required).  Since 9/11 is responsible for the educational aspect of the installation.
4.2.    There is a risk of vandalism to the artwork. To mitigate this, Since 9/11 will pay LLDC a quarterly service charge, which will then include security patrols. 
4.3.    It is important to note that the planning permission for the artwork is temporary and expires on 6 August 2034, or earlier if the lease between LLDC and Since 9/11 ceases. In the event that the lease ends before the 10-year period, the applicant is required to immediately notify the Local Planning Authority (LPA). Additionally, if the artwork is to be removed, details of a landscape removal plan must be submitted to the LPA at least three months in advance.
4.4.    There is no right to extend the lease at its termination, and Since 9/11 shall be responsible for removing the artwork and making good all the works at the end of the term.
Links to Mayoral Strategies and priorities
4.5.    This project links to the Mayor of London’s Culture Strategy and the renewal of the lease for the 9/11 artwork, along with the accompanying education programme will continue to enhance the educational and visitor offerings in the Park, promoting the importance of tolerance and respect for all faiths and cultures. 
Consultations and impact assessments
4.6.    No further impact assessments have been conducted since the initial installation, except for the statutory planning consultation carried out during the renewal process.
4.7.    GLA Staff have confirmed there are no conflict of interests relating to the proposals set out herein.
 

5.1.    There are no direct financial implications for the LLDC (or indirectly for the GLA) arising from this decision. A peppercorn rent will continue to be paid by Since 9/11, as highlighted in the initial lease agreement following ADD229, and LLDC have not budgeted for any expected rental increase; all the maintenance and ultimate removal of the artwork will be at Since 9/11’s cost; and Since 9/11 will pay LLDC a service charge, quarterly in advance, that covers all associated security, educational events and facilities costs. 
5.2.    Should the lease be terminated during the 10-year term, the LLDC is not required to find an alternative location for the artwork.
 

6.1.    Section 209(4) of the Localism Act provides that LLDC may dispose of land in its area in any way it considers appropriate (subject to the requirements of section 209(1) of the Localism Act not to dispose of land for less than the best consideration reasonably obtainable (unless the Mayor consents), which is not relevant here).
6.2.    As noted elsewhere in this paper, under paragraph 4.4 of the LLDC Governance Direction, Mayoral consent (which may be delegated to the Executive Director) is required for LLDC to enter into a Land Transaction, as defined in the NLFRA.  The grant of the lease to Since 9/11 is within the definition of Land Transaction and so consent is hereby sought.