Agent Of Change

The Agent of Change principle dictates that the responsibility for mitigating impacts stemming from existing noise-generating activities or uses lies with the proposed new noise-sensitive development. Essentially, the entity instigating the change must also manage its resulting impact. For instance, if housing construction is planned near an established music venue, it becomes the responsibility of the housebuilder or developer to ensure the new residences incorporate suitable noise attenuation measures.

This principle, advocated by the live music industry, aims to safeguard venues from closure by holding accountable the initiator of change.

Historically, local authorities have tended to prioritise noise complaints from residents in new developments over established music venues in the vicinity. This bias has contributed significantly to the closure of numerous venues in recent years, with London alone experiencing a 35% reduction in live music venues between 2007 and 2015. Advocates propose that the ‘agent of change’ principle should automatically come into effect upon submission of a new planning application.

Conversely, when a new music venue is proposed near existing residential properties, the ‘agent of change’—in this case, the music venue—would be required to incorporate appropriate measures to mitigate noise.

This principle diverges from the current standpoint, which typically assigns responsibility for any nuisance to the entity reported as causing it, regardless of factors such as the duration of the nuisance’s existence, prior instances of the same noise being deemed a nuisance, or whether individuals have moved into the area aware of the noise.

The successful implementation of this principle has been observed in Australia.

In April 2016, the UK’s Housing and Planning Bill received royal assent, incorporating an amendment mandating developers to seek prior approval for noise impacts before converting a site for residential use. While this amendment does not explicitly introduce the agent of change principle, it represents a significant shift in planning law, empowering local planning authorities to consider noise impacts on prospective residents arising from existing businesses in the vicinity.

However, the principle does not address management issues, which can greatly influence noise nuisance. A previously well-managed venue may, for instance, become problematic due to factors like open doors or inadequate management of closing times.

In January 2018, it was announced that planning regulations would be bolstered to safeguard both music venues and neighbouring residents. The National Planning Policy Framework will be revised to explicitly incorporate the ‘agent of change’ principle.

Housing Secretary Sajid Javid remarked, “I have always found it inequitable that longstanding music venues bear the burden of resolving noise issues when property developers opt to build nearby. This is why I sought public consultation on the matter in February [2017] as part of the Housing White Paper. I am pleased to now have the opportunity to rectify this disparity and provide greater reassurance to new residents moving into local properties.”