Agent Of Change

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Agent of change: Chief Planner letter

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After 4-Year Campaign Agent of Change is Here

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There was extensive debate of the principle following the introduction of government policy allowing permitted development rights for the change of use of office buildings to residential. This policy was first introduced in the context of an economy struggling to recover and the government's desire to stimulate development rapidly. At that time two much publicised reports relating to licensed premises were published in and added significant fuel to the debate on noise and the permitted development rights.

For more information see our article here. Early in the Select Committee on the Licensing Act recommend "that a full 'Agent of Change' principle be adopted in both planning and licensing guidance to help protect both licensed premises and local residents from consequences arising from any new built development in their nearby vicinity. A proposal to amend the framework to emphasise that planning policies and decisions should take account of existing businesses and other organisations when locating new development nearby and, where necessary, to mitigate the impact of noise and other potential nuisances arising from existing development was included in the Housing White Paper 'Fixing our Broken Housing Market' published for consultation in February Subsequently, in January the Ministry of Housing, Communities and Local Government made a statement confirming that the framework would be clarified to include detailed reference to the agent of change principle.

The Government's response to the consultation published at the same time as NPPF2 welcomed the "strong support" for the agent of change principle. It is well established that an entertainment venue moving into an area adjacent to residents has to take measures to ensure that the activities in the new building will not cause noise problems for those living nearby.

Paragraph in Chapter 15 of NPPF2 provides that both planning policies and decisions should ensure that new development is appropriate for its location taking into account the likely effects including cumulative effects of pollution on health, living conditions and the natural environment, as well as the potential sensitivity of the site or the wider area to impacts that could arise from the development.

In doing so they should: But the position in reverse, where new residential development locates near to a noise source, has not been equally clear. The previous framework stated that planning policies and decisions should "aim to recognise that … existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established;".

The inclusion of an explicit reference to the agent of change principle in NPPF2 is therefore a change of emphasis and clarifies the application of the principle. The new paragraph of NPPF2 now states that both planning policies and decisions should ensure that new development can be integrated effectively with existing businesses and community facilities eg places of worship, pubs, music venues and sports clubs.

All planning authorities must have regard to the policies in NPPF2 in making decisions on applications and in framing their own planning policy. For LPAs this means that they should have regard to the agent of change principle in setting their polices. On development proposals, LPAs should provide guidance to developers on what steps may be taken to reduce the impact of eg entertainment venues on any new residential development that developer is proposing.

Agents of Change power list 2018

For developers this means that where they are proposing residential development they should consider if there could be a significant adverse effect on future occupiers of that development from any nearby source s of noise such as pre-existing entertainment venue s. Where a potential significant adverse effect is identified, developers are likely to be required to factor into their planning application suitable mitigation measures to avoid any significant adverse impacts on health and the quality of life for future occupiers. There is a balance to be struck between competing policies and with the housing supply policy objective.

One may anticipate that any technical evidence submitted in support of noise-sensitive development may attract more scrutiny from LPAs and that they may attach conditions which require suitable mitigation.