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UK Music Welcomes Amendments To Government’s Planning Bill on “Agent of Change” Principle

Changes seen as a potential lifeline to under-threat venues.

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07/12/2015: The music industry has welcomed amendments to tomorrow’s Planning Bill that would place an “agent of change” principle on a statutory basis in to UK law.

Tabled by the Opposition, an “agent of change” principle would offer respite to venues all over the UK.  The music industry is seeing a marked decline in grassroots venues all over the UK. In London alone there has been a staggering 35% decline over eight years.  Without grassroots venues, there is nowhere for emerging music to find its feet.

The “agent of change” principle ensures that a new development must shoulder responsibility for compliance when situated near an existing music venue.  Similarly, if a music venue opens in a residential area, it too would be responsible for complying with residential requirements.

Leading the charge to save grassroots music venues is Labour’s Shadow DCMS Secretary of State Michael Dugher MP.  Dugher appeared on the “UK Music presents: Turning Words into Actions” panel at Venues Day 2015.  His amendments are a fitting response to the strength of feeling he felt that day.

Senior music industry figures said in response to the amendments:-

Jo Dipple, CEO, UK Music: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.”

Mark Davyd, CEO, Music Venue Trust: “We welcome this important opportunity to take a common sense approach to Housing and Planning. Grassroots music venues are culturally significant spaces, incubating UK music talent at the very earliest stage of their careers. By adopting agent of change principles, we not only ensure these spaces are protected, we also contribute to the development of higher quality residential development in towns and cities. Residents and culture can happily co-exist in our towns and cities, and Agent of Change is a simple supporting measure that encourages that outcome.”

Dave Webster, National Organiser Live Performance, Musicians’ Union: “This amendment, if carried will help to ensure the many venues supporting live music and  providing community assets across the UK can continue to exist. Relaxation of planning laws allowing inner city, often redundant commercial buildings, to be turned into residential accommodation has in many cases adversely affected venues nationwide.”

Paul Reed, General Manager, Association of Independent Festivals: “We fully support the introduction of the agent of change principle in the UK. It is a very common sense mechanism and 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”.

Andy Lenthall, General Manager, Production Services Association: “A healthy supply of music venues is not only important for musicians to hone their craft, it is essential for the continued supply of new technicians to add to our world class supply of backstage support for live music. The Production Services Association, as the representative body for these technicians, welcome any move designed to protect the venues that are crucial to our sector.”

The amendments are likely to be debated this week as part of the Public Bill Committee consideration of the Housing and Planning Bill in the House of Commons.

The text of the amendments is as follows:-

• NC19

Dr Roberta Blackman-Woods
Michael Dugher
John Healey
Teresa Pearce
Matthew Pennycook
Helen Hayes

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.””

Member’s explanatory statement

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.

• NC20

Dr Roberta Blackman-Woods
Michael Dugher
John Healey
Teresa Pearce
Matthew Pennycook
Helen Hayes

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.”

Member’s explanatory statement

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.

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