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Licensed Premises: Noise

Department for Communities and Local Government written question – answered on 23rd November 2016.

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Photo of Thangam Debbonaire Thangam Debbonaire Opposition Whip (Commons)

To ask the Secretary of State for Communities and Local Government, what steps the Government plans to take (a) through guidance to property developers and local authorities and (b) otherwise to protect the capacity for nightclubs and live music venues to continue to trade when planning permission is being considered for converting existing offices nearby to residential properties.

Photo of Thangam Debbonaire Thangam Debbonaire Opposition Whip (Commons)

To ask the Secretary of State for Communities and Local Government, pursuant to the Answer of 7 November 2016 to Question 51986, what guidance the Government plans to issue to (a) local authorities, (b) nightclubs, (c) residents of existing properties and (d) property developers applying for planning permission to convert offices to residential properties on their respective rights and responsibilities in relation to noise.

Photo of Gavin Barwell Gavin Barwell Minister of State (Department for Communities and Local Government) (Housing, Planning and London)

Where permitted development rights apply, in considering the prior approval on noise for a change of use from office to residential (under Class O of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, local planning authorities will have regard to those relevant parts of the National Planning Policy Framework and supporting planning guidance on noise, as would be the case under a planning application. Prior approval may be refused where any impacts of noise from commercial premises identified are not sufficiently mitigated by the proposed measures, as consistent with national policy. Links to the National Planning Policy Framework and Guidance can be found here - http://planningguidance.communities.gov.uk/. A local planning authority cannot consider matters other than those for which their prior approval may be given, as listed in Class O.

When determining a planning application for a change of use from office to residential where permitted development rights do not apply, local planning authorities must take into account the policies and guidance listed above, and must determine the application in accordance with the development plan, unless material considerations indicate otherwise.

Separate regimes apply to licencing and statutory nuisance, which are the responsibility of the Home Office and the Department for Environment, Food & Rural Affairs respectively.

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