Music industry could benefit from changes to the Planning Bill

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The music industry has welcomed proposed amendments to the Planning Bill that would protect existing venues from new developments…

Labour is pushing for new amendments to the Planning and Housing Bill that would mean grassroot music venues would have some measure of protection from new developments.

The sector has suffered as venues have disappeared across the UK as a result of new residential developments. London has reportedly lost 35 per cent of its venues over the past eight years.

The amendment, which has been tabled by Labour as an “agent of change” principle, will not only protect existing music venues from new developments, but will protect existing residents from new music establishments.

The issue is expected to be debated this week as part of the Public Bill Committee consideration of the Housing and Planning Bill, but it already has the support of Labour’s shadow culture secretary Michael Dugher.

UK Music’s CEO Jo Dipple said: “Grassroots music venues are under threat.  They are closing. These venues are the hands that hold the heart of the British music industry.

“Without them there are no hubs for creativity, stages for talent or homes for emerging artists.  These small and grassroots venues create a platform for our industry, one that contributes £4.1 billion to the UK economy.

“I am incredibly grateful to Michael Dugher MP and John Healey MP who recognise that something needs to give.  Their leadership in this matter is welcome. I urge Government to support the introduction of these amendments into law.”

Paul Reed, General Manager, Association of Independent Festivals said the agent of change principle was a common sense mechanism that has already been adopted in Australia.

“This would ensure protection for both grassroots venues and residents. The simple fact is, it would be impossible to create the festival headliners of tomorrow without the grassroots venues that enable emerging artists to develop and hone their craft”.

Labour is pushing for two amendments. This includes the following:

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To move the following Clause— Granting of planning permission: change of use to residential use after section 58 of the Town and Country Planning Act 1990, insert 58A Granting of planning permission: change of use to residential use

(1)Before planning permission is granted under section 58(1) for change of use of a building to residential use as dwellinghouses, the body considering granting planning permission must consider the impact of noise and other factors from buildings which have been in continuous and unchanged use for at least a year in the vicinity which would affect the amenity and enjoyment of the residents of the dwellinghouses.

(2)Where planning permission is granted under section 58(1) for change of use of a building to residential use as dwellinghouses, the permission must include conditions imposed on the persons granted planning permission in respect of the building changing use to—

(a)eliminate noise between the hours of 10pm and 6am from neighbouring buildings which have been in continuous and unchanged use for at least a year before the permission is given; and

(b)counteract any other impact seriously impairing the amenity and enjoyment of the residents and prospective residents of the dwellinghouses arising from neighbouring buildings which have been in continuous and unchanged use for at least a year before the permission is given.

Labour said: “This new clause would ensure that residents of buildings converted to residential use are protected from factors, particularly noise, affecting their amenity and enjoyment. Such measures shall be the responsibility of the agent of the change of the permission”.

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To move the following Clause—“Permitted development: change of use to residential use

Where the Secretary of State, in exercise of the powers conferred by sections 59, 60, 61, 74 or 333(7) of the Town and Country Planning Act 1990, makes a General Permitted Development in respect of change of use to residential use as dwellinghouses, the change must first be subject to prior approval in respect of the impact of the amenity and enjoyment of the prospective residents of the dwellinghouses arising from neighbouring buildings which have been in continuous and unchanged use for at least a year before.”

Members said: “This new Clause would ensure that residents of buildings converted to residential use are protected from factors, particularly noise, affecting their amenity and enjoyment when buildings are converted to residential by virtue of a General Permitted Development order. Such measures shall be the responsibility of the agent of the change of the permission.”

Commenting on the issue, Dugher said: “Since 2010, the Conservative Government have just stood by whilst more and more grassroots music venues have been forced to close.

“Small music venues play a key role in the success of the UK creative industry through enabling great young talent to grow and develop into our next global stars. But there is a real crisis at the moment and that’s why we need to adopt the Agent of Change principle to support small music venues.

“Only a change in legislation can adequately resolve the situation and protect all concerned parties by clearly stipulating who is responsible for soundproofing and other necessary measures when a change is introduced to an area. This has the support from the music industry and I hope the Government will now back Labour’s amendments so we can help save grassroots music venues before it’s too late.”

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