‘Agent of change’ principles should be enshrined in law, select committee says

MPs have said the 'agent of change' principle should be put on a statutory footing "at the earliest opportunity" as part of efforts to help support the UK's faltering grassroots music industry.

In a report warning that small music venues are in "acute crisis" over soaring costs and closures, the Culture, Media and Sport Committee said making the principles statutory could solve tenancy-related issues facing the venues.

According to the report, 22% of the 148 'grassroots music venues' lost last year closed due to operational issues, such as revocation of premises licences or unachievable licence renewal terms, and approximately 12% closed due to eviction or redevelopment.

The report noted that progress had been made through the inclusion of agent of change principles in the July 2018 revision of the National Planning Policy Framework (NPPF).

The guidance in the NPPF sets out that: "Where the operation of an existing business or community facility could have a significant adverse effect on new development (including changes of use) in its vicinity, the applicant (or 'agent of change') should be required to provide suitable mitigation before the development has been completed."

Fundamentally, the report said the principle affirms that "existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established".

In practice, the principle is often referred to in the context of property developers installing appropriate sound insulation. It can also have broader applications, such as tenant agreements and financial arrangements.

According to the committee, concerns initially raised about how planning authorities would interpret and apply the NPPF's wording with consistency across the country have "indeed been borne out".

Some organisations the committee consulted said it was the local authority's duty to ensure developers continue to meet their obligations as the agent of change.

However, the report noted that music industry stakeholders "explicitly" called for agent of change principles to be put on a statutory basis. 

According to the committee report, UK Music, the umbrella body for the wider music industry, said: "To ensure reliable protections for venues, it is essential to enshrine agent of change in law and move beyond its current implementation through guidance and policy."

The committee concluded that "despite the welcome introduction of the agent of change principles", venues are still facing a widespread risk of closures due to planning and redevelopment-related issues.

In light of this finding, it recommended that the agent of change principles "are put on a statutory footing at the earliest opportunity".

Adam Carey