National Planning Policy Framework - and the agent of change principle

The Government has just launched a wide ranging planning consultation seeks views on the draft text for an updated National Planning Policy Framework to cover the whole country.

Of significance to our sector are the proposals contained in Chapter 15 which will at Paragraph 180 implement the housing White Paper proposals, and the announcement made on 18 January 2018, to clarify that the ‘agent of change’ (or applicant) should be responsible for mitigating the impact on their scheme of potential nuisance arising from existing development, such as live music venues and church bells.

The consultation proposals – which are very wide ranging – can be found here: 'National Planning Policy Framework Consultation proposals'

The draft framework text, the subject of the consultation, can be found here: 'National Planning Policy Framework Draft text for consultation'

Paragraph 180 of the draft states:

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.

This consultation closes at 11:45pm on 10 May 2018