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Test case over impact of new housing development on an established music venue

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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.

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