The sound and the fury

Construction iStock 000002149516XSmall 146x219Andy Woods looks at a ground breaking deal in which a nightclub has ensured that a 41-storey tower block development nearby implements its own noise control measures to prevent complaints from residents.

Whilst I have generally stayed away from advising clients on planning legislation and tend to leave that to the experts, I have often been surprised by local authority planning decisions which permit residential developments close to large nightclubs or areas in which there are several late night bars.

I can think of numerous examples over the last few years in which the relevant permissions have been granted for 2,000 capacity nightclubs to open in city centres, only for the planning committees then to allow residential developments immediately adjacent to the nightclub. It would come as no surprise to anyone when the residents who take up occupation in the new residential development then start to complain about the noise from the nightclub.

I have often thought that this begs two questions: why do planning authorities permit residential development to open next to large nightclubs and why would anybody want to live in a residential development next to a large nightclub. Whilst there is some case law to suggest that if the nightclub was there first then the residents have to accept the permission, I still have had to deal with a number of cases in which nightclubs have been forced to implement additional noise control measures after new residential development opened nearby.

This would appear to be the position faced by the Ministry of Sound club based in the Elephant and Castle area of London when the developer Englewood submitted an application for a 41-storey tower block yards from the Ministry of Sound’s main entrance. The Ministry of Sound has a 24 hour premises licence and understandably was concerned that such a residential development might then lead to complaints which might ultimately lead to a reduction in licensable hours.

The terms of a deal reported in the Evening Standard confirm that developers have agreed to incorporate high levels of noise reduction features including acoustic glazing, sealed windows and internal “winter gardens’” to address concerns. It is also reported that residents will also “sign away” their rights to complain about noise through a specific reference in their Deeds.

This is not only fantastic news for the Ministry of Sound, but also potentially excellent news for other operators who are faced with residential developments nearby. It does seem to me that it is always the nightclub which gets the grief if residents who have recently moved in to an area start to complain and many clients have been dismayed at such a scenario. The fact that Englewood have agreed to place a clause in the Deeds of any residents preventing them complaining about noise levels could be a major landmark agreement for the industry.

There is no doubt that the Ministry of Sound will not be allowed to significantly increase the levels of noise coming from their premises. I also don’t know whether they had to submit any acoustic report setting out the level which currently exists, but the Ministry of Sound is reported as saying that they are permitted to make the noise that they have always made, without fear of being complained about.

This allows much needed housing to be developed in London whilst ensuring that a famous nightclub remains fully protected and allows both sides to exist in Southwark.

I have always stressed the importance of working in partnership and think the Ministry of Sound should be complimented for proactively approaching developers to seek agreement such as this; which does not prevent the development but allows the development whilst at the same time protects their business.

Andy Whur is a partner in Woods Whur. He can be contacted on 0113 234 3055.