Planning - New Houses Near Old Pubs

With the redevelopment of brownfield sites to residential accommodation, there is an increasing trend for new residential accommodation to be built near to established pubs and bars. This particularly arises where there is regeneration of city and town centres.

For the licensed trade generally, particularly for pub and bar owners this has caused significant problems, despite being there first, once the residential accommodation is constructed they find that they are subject to criticism from, the noise arising from their operation. Very often, the style of operation of the premises have not changed it is simply that people are closer to the site and therefore the noise is more audible. Many times, the question has been asked why is there no compensation for the noise of a city centre factored into the construction of the new residential accommodation. This was never a question we could answer in relation to licensing but it related to the planning permissions granted for the residential accommodation and we have always encouraged operators when they became aware of developments to lodge objections to planning so that their voice would be heard.

However, following on from Publican Morning Advertisers campaign "make some noise" Government has strengthened the Planning Guidance issued to local Councils so that the planning department should look at potential effect of a new residential development being located close to an existing business that gives rise to noise. The Community Pubs Minister Chris Kay Hopkins stated "it is because existing noise levels from the business even if intermittent (for example, a live music venue) may be regarded as unacceptable by the new residents and subject to enforcement action. To help such incidences appropriate mitigation should be considered, including optimising the sound insulation provided by the new development building envelope".

The guidance makes direct reference to music venues or public house as well as church bells and industrial premises.

The Community Pubs Minister described the new guidance as "a victory for pubs and music venues, a victory for the communities that enjoy using them and most of all a victory for common sense".