In the legal press this week there have been reports of a landmark win in favour of a Bristol nightclub; a neighbouring developer has agreed to enter into a deed of easement as a planning condition for its development.
Motion (M) is an existing nightclub that has been operating from its premises in Bristol for almost 15 years; and Summix (S) is an adjoining landowner seeking to develop student accommodation with over 600 bedrooms within its 1.3 acre site. Not surprisingly, M was concerned that a residential development could result in noise complaints from the occupiers, which could potentially force the council to impose additional licensing restrictions on the established licensed venue. To combat this, it has been agreed between M, S and the council that S's planning consent for the proposed development will include an express condition that S must enter into a deed of easement with M. The deed of easement will ensure that M has the legal right to continue to make noise at the existing levels, but in addition, it protects the future residents because the noise emitted from M's site must stay within the levels agreed to in the deed of easement.
Although entering into a deed of easement of this nature is not a particularly new legal concept, the requirement for one to be entered into as a planning condition, is. This type of planning condition is a clear example of the council applying the "agent of change" principles outlined by the Government in the National Planning Policy Framework, which is the principle that an entity introducing a new land use must be responsible for managing the impact of that change. Campaigners on behalf of licensed premises have long advocated support for the responsibility for noise management to be placed on the incoming user, and Bristol City Council is successfully applying these principles in this case.
This is certainly one to watch, as if the planning permission is approved, it is very likely that it could result in an increase in these types of conditions being attached to planning permissions in noise-sensitive circumstances. Some planning advisors are also anticipating the need for developers to contribute towards the cost of sound attenuation works as an additional s.106 contribution.
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