The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 is due to come into force on the 6 April 2016. The changes to the Law will mean that where there is a change of use from offices to dwelling houses, the development would be permitted subject to a condition that before beginning the development the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to impacts of noise from commercial premises on the intended occupiers of the development. The regulation goes on to confirm that commercial premises include any Premises Licenced under the Licensing Act 2003 or any other place of public entertainment.
The new regulations will result in developers being required to seek prior approval on noise impact before a change of use can be carried out. In short, if a music venue is nearby developers will need to liaise with the Local Authority and it is hoped that live music will be protected.
The new legislation has been warmly welcomed by those striving to protect music venues.
For further information, please contact Andrew Cochrane.