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  • Writer's picturePeter Rogers

IoA Update

The Agent of Change Principle says that the person or business responsible for the change is responsible for managing the impact of the change. It could have massive implications for all developments if it gains traction.

Recent cases (such as Ministry of Sound in London) mean that those developing residential apartments near this iconic club are required to put mitigation in place to tackle the noise it generates and residents have a "deed of easement" which prevents them from complaining in the future. 

There remains the problem as to whether this will hold up legally, and awaits a test as currently everyone has the right to complain of being caused nuisance, as part of common law. The model for a different way of tackling the issue of dealing with a noisy source has been a result of lobbying by live music pressure groups in Australia in particular, where the approach is being implemented in Melbourne and Victoria. With well over half of people now living in cities, and shortage of new homes means this may be the way to tackle what happens when a residential development encroaches on existing businesses, as a sustainable solution. However, English case law runs contrary to this, saying that moving to a nuisance is not a defence and the noise maker remains at risk of formal action even if they were not responsible for the change. We will see, but watch this space. 


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