The Agent of Change
No, Quantum Acoustics has not taken to writing spy novels, but the “agent of change” is a principle that should not be kept undercover when considering development proposals. If not handled appropriately, agent of change obligations can cause delay or even threaten the success of your planning application for new noise-sensitive development. Equally, suppose you are an existing noise generator. In that case, proposals for new noise-sensitive uses in your locale may also need scrutiny to ensure that they do not prejudice your ability to conduct your business.
The agent of change principle is a concept that aims to protect existing businesses and community facilities from the potential impacts of new development in their vicinity. It states that the person or business introducing further land use (the agent of change) is responsible for managing the effects of that change, such as noise, odour, or light pollution. This means that the agent of change should provide suitable mitigation measures before the development is completed rather than expecting the existing businesses or facilities to “adapt” or “relocate”.
The principle was brought to the fore in the revised National Planning Policy Framework (NPPF) in July 2018, primarily following a consultation and a campaign by the music industry and other stakeholders, which had seen an increase in the viability of music venues challenged by new residential developments. Difficulties arise when these new dwellings become occupied, and new residents subsequently complain about the noise level. Unfortunately for the business, this can result in statutory action by the Local Authority under the Environmental Protection Act 1990, who, if noise is deemed a “nuisance”, have the power to serve a Noise Abatement Notice. Such a notice can fundamentally threaten the viability of an existing business if it needs to pay for additional noise control or restrict its current operations (e.g. reduce its hours of operation).
The NPPF is a document that sets out the government’s planning policies for England and how they should be applied. Paragraph 193 of the current NPPF states:
"Planning policies and decisions should ensure that new development can be integrated effectively with existing businesses and community facilities (such as places of worship, pubs, music venues and sports clubs). Existing businesses and facilities should not have unreasonable restrictions on them due to development permitted after establishing them. Where the operation of an existing business or community facility could have a significant adverse effect on new development (including changes of use) in its vicinity, the applicant (or ‘agent of change’) should be required to provide suitable mitigation before the development has been completed."
Source
https://www.gov.uk/government/publications/national-planning-policy-framework--2
The agent of change principle is intended to balance the need for new development, especially housing, with the protection of existing cultural and social assets that contribute to the character and vitality of an area. It also aims to prevent conflicts and complaints between new and existing uses and avoid losing valued businesses and facilities due to planning or licensing restrictions. The principle applies to both plan-making and decision-making, covering all development types, not just residential.
The agent of change principle has been welcomed by many as a positive step towards safeguarding the diversity and vibrancy of England’s towns and cities. However, some challenges and uncertainties remain, such as how to define and measure the significance of the adverse effects, ensure the effectiveness and enforceability of the mitigation measures, and balance the principle with other planning objectives and policies.
The expert team at Quantum Acoustics has extensive expertise in overcoming the challenges created by the agent of change. This includes working with developers to ensure new developments constrained by existing noise-generating uses embed appropriate mitigation and working with existing businesses and community uses to ensure that developers of new developments fully understand their obligations and that development schemes are brought forward with due regard to the existing businesses operations and future development aspirations.
Recent “agent of change” successes for the Team at Quantum Acoustics include:
Providing technical input into a Deed of Easement to help a major national housebuilder avoid judicial review proceedings for a strategic residential scheme located close to a waste to energy power station;
Supporting the legal team working for an international brewery with the disposal of land assets adjacent to one of their main production facilities;
Protecting the commercial interests of a major distribution centre by ensuring that an adjoining strategic residential-led development implemented an appropriate noise mitigation strategy; and
Providing detailed design advice for the mitigation of noise to enable a major residential scheme to be brought forward adjacent to an established industrial estate.
So, forearmed is forewarned and getting early advice will help optimise the potential for ensuring that much-needed development can be permitted whilst minimising the risk of future nuisance complaints that may threaten the economic benefit of existing commercial and industrial uses and social benefits brought by community uses.
Article by Paul Grey
Illustrations with DALL-E