Posted: Friday, 18 March 2016 @ 10:01
Back in December 2015 I posted a blog about the problems which often occur when there is a new development next door to an existing and usually long established venue which generates noise. A bit like people who move next to an airport and then complain about the noise.
There have now been some sensible steps taken by the government to ensure that the risk of noise nuisance from existing commercial premises to new housing occupants is properly considered when an application is made for change of planning use to convert to housing.
The Town and Country Planning (General Permitted Development)(England)(Amendment) Order 2016 will come into force on 6 April 2016. Article 7 makes permanent the existing temporary right for developers to change a buiding currently used as an office into residential use, but it adds a condition which allows the planning authority to consider the likely noise impact on the new residential occupants from existing nearby premises in commercial use, and this will of course include pubs and clubs and other entertainment venues.
Article 7 requires the developer to apply to the planning authority for a determination as to whether the prior approval of the authority will be required on a number of issues, including "impacts of noise from commercial premises on the intended occupiers of the development".
So if you get wind of a possible change of use of neighbouring commercial premises to residential, and you operate a pub or music or any other venue which generates noise which is likely to impact on new residential neighbours, make some noise. Take the matter up with both the developer and planning authority at the earliest possible stage.
Blog by Nigel Musgrove
Nigel has been providing dispute resolution advice as a solicitor for over 35 years. As well as advising SMEs and business owners on disputes he also offers a specialist licensing law service. View profile
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