01332 340 211

George Tavern v Housing Association

11 July 2016 – Music pub wins the battle against the development of nearby flats

The Court of Appeal has ruled in favour of the George Tavern, Stepney East London by overturning a planning decision to allow new flats to be built in close proximity to the venue.  The Licensee had claimed the flats would lead to noise complaints from new neighbours.  It is reported that the Judges recognised the importance of the historic George Tavern which was a local pub with live music and campaigners have hailed the victory as a landmark moment for traditional live music venues which have been forced to close due to the risk of noise complaints from new builds.

Planning guidance now urges Developers to install soundproofing in new builds near music venues.

The campaign was probably quite helpfully backed by Justin Timberlake, Kate Moss, Georgia May Jagger and Ian McKellen!

For further information, please contact Andrew Cochrane.

2 March 2016 – Test case over the impact of new housing development on an established music venue

A live music venue owner has won permission to appeal to the Court of Appeal in relation to the effect a new housing development will have on her premises.

The Appellant owns the George Tavern which is a six-hundred-year-old Grade II Listed pub and music venue in East London.  Swan Housing Association plans to build six flats directly next door to the pub.

Tower Hamlets refused planning permission for the development however permission was granted on appeal in October 2014 and the High Court subsequently rejected a claim that the planning permission had been unlawfully granted.

In considering whether to give permission to appeal the High Court decision, Lord Justice Laws concluded that the extent to which planning decision-makers should take into account the risk of Licence restrictions and/or nuisance proceedings was an important issue that the full Court should consider and so the Court of Appeal will now consider whether the threat posed by new residents to established Licensed premises is a material planning consideration, even if noise effects are acceptable in planning terms.  In particular, the Court is to consider whether complaints from residents of any new development will put the operating Licences of live music venues at risk.

Thirty-five percent of grassroots venues have closed over the last eight years thought by many to be as a result of inappropriate development on their doorstep.

A live music venue owner has won permission to appeal to the Court of Appeal in relation to the effect a new housing development will have on her premises.

The Appellant owns the George Tavern which is a six-hundred-year-old Grade II Listed pub and music venue in East London.  Swan Housing Association plans to build six flats directly next door to the pub.

Tower Hamlets refused planning permission for the development however permission was granted on appeal in October 2014 and the High Court subsequently rejected a claim that the planning permission had been unlawfully granted.

In considering whether to give permission to appeal the High Court decision, Lord Justice Laws concluded that the extent to which planning decision-makers should take into account the risk of Licence restrictions and/or nuisance proceedings was an important issue that the full Court should consider and so the Court of Appeal will now consider whether the threat posed by new residents to established Licensed premises is a material planning consideration, even if noise effects are acceptable in planning terms.  In particular, the Court is to consider whether complaints from residents of any new development will put the operating Licences of live music venues at risk.

Thirty-five percent of grassroots venues have closed over the last eight years thought by many to be as a result of inappropriate development on their doorstep.

For further information, contact Andrew Cochrane.

< Back
All News >
SEE MORE

Contact us

x

If you have received a letter from our Debt Recovery team, please refer to the contact details provided in the letter to ensure your enquiry is dealt with promptly by the correct member of our team.

For all other enquiries, please complete the form below.

Derby Head Office:
St. Michael’s Court
St. Michael’s Lane
Derby
DE1 3HQ
Tel: 01332 340 211
Fax: 01332 207 601
DX: 729320 Derby 24

Ashbourne:
54, St. John Street
Ashbourne
Derbyshire
DE6 1GH
Tel: 01335 342 208
Fax: 01335 342 010
DX: 26834 Ashbourne

Opening Times:
Our offices are open Monday to
Friday between 8:00am & 6:00pm

planning permissionplanning permissionplanning permissionplanning permission

Contact us

x