Views sought on ‘agent of change’ proposal affecting pubs, nightclubs and music venues

As foreshadowed by a press release on 18 January 2018, the Government has published its National Planning Policy Framework Consultation proposals that seek views on the draft text of a new National Planning Policy Framework. This has considerable relevance for pubs, nightclubs and music venues located close to proposed new housing developments.

Paragraph 180 of the draft National Planning Policy Framework Draft text for consultation directly addresses the ‘agent of change’ principle, stating:

“Planning policies and decisions should ensure that new development can be integrated effectively with existing businesses and community facilities (including places of worship, pubs, music venues and sports clubs). Existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established. Where an existing business or community facility has effects that could be deemed a statutory nuisance in the light of new development (including changes of use) in its vicinity, the applicant (or ‘agent of change’) should be required to secure suitable mitigation before the development has been completed”.

UKHospitality chief executive Kate Nicholls has welcomed this news, saying:

“The UK-wide introduction of the agent of change principle would provide welcome protection for existing venues at risk from nearby developments. This is a sensible measure that many, including ourselves, have actively campaigned for, so it is encouraging to see it included in draft proposals. UKHospitality will respond to the survey advocating the introduction of the agent of change principle in the strongest possible terms to ensure music venues, nightclubs and pubs that are integral to local communities are not lost. The proposals also include a chapter dedicated to ensuring the vitality of town centres. If the government wishes to ensure the ongoing viability of town and city centres, it needs to undertake an immediate review of the business rates system that is crippling high-street venues. It is also pleasing to see a commitment made to deliver more for first-time homebuyers. As a sector that provides employment for many young people, we welcome proposals that provide stability and opportunities for young people to invest in their futures.”

The consultation will close at 23.45 on Thursday 10 May 2018 and responses should be submitted by way of an online survey here.