Planning application for flats refused due to an objection by music venue

It is reported in the Bournemouth Echo that a Planning Application to convert a building into six flats has been refused and one of the factors taken into account was the representation lodged by the Academy Music Group who operate in close proximity to the proposed development. The representation stated that future residents could cause problems for the venue by complaining about noise levels.  The Academy Music Group in their letter to the Council stated:

“Although the noise levels caused by normal operation of the venue are not in breach of statutory requirements and permitted under the terms of our Licence, we are concerned that our ability to use the venue under its current Licence would be severely compromised in the future by the inevitable complaints from occupiers of the development”. 

The Group sought to draw to the Planning Authority’s attention the Government Guidance requiring Planning Authorities to carefully consider residential applications near live music venues which highlighted that noise levels from such a business even if intermittent could be regarded as unacceptable by new residents and become the basis of enforcement action.

Other matters were raised within the planning consultation and it is unknown as to whether representation was fundamental to the refusal however it illustrates the importance of early intervention by operators when change of use is proposed.  Early intervention may be successful on many different levels as in this case absolute refusal.  Alternatively additional planning conditions being imposed such as triple glazing.  Should you require advice as to opposition of a Planning Application please contact ourselves.