Court of Appeal to hear test case over impact of development on music venue
The owner of a live music venue has won permission to take a battle over the effect of new developments on established licensed premises to the Court of Appeal.
According to barristers’ chambers Francis Taylor Building, on 18 February 2016, Lord Justice Laws granted permission to appeal the decision of Lindblom J in Forster v SSCLG [2015] EWHC 2367 (Admin) following an oral hearing.
The appellant, Pauline Forster, owns the George Tavern, a 600-year-old, Grade II listed pub and music venue in East London which has hosted the likes of Nick Cave, Plan B, John Cooper Clarke, The Magic Numbers, Kodaline and Sir Roger Penrose.
The challenge relates to Swan Housing Association’s plans to build six flats next door to the pub, on the basis that noise complaints from future residents could pose a significant threat to the venue’s future.
It has been estimated that in London 35% of grassroots venues have closed over the last eight years, largely as a result of inappropriate development on their doorstep, FTB said.
Tower Hamlets refused planning permission for the development next to the George. However, permission was granted on appeal in October 2014.
In August last year Mr Justice Lindblom rejected Ms Forster’s claim that the planning permission had been unlawfully granted.
Lord Justice Laws is reported to have concluded that the extent to which planning decision-makers should take into account the risk of licence restrictions and/or nuisance proceedings was an important issue that the full court should consider.
The Court of Appeal will now consider whether the threat posed by new residents to established licensed premises is a material planning consideration, even if noise effects are acceptable in planning terms.
In particular, the Court will consider whether complaints from residents of any new development will put the operating licences of live music venues at risk, FTB added.
Annabel Graham Paul of FTB is appearing for the George Tavern, instructed by Harry Campbell of Richard Buxton Environmental and Public Law. Ned Westaway, also of FTB, represented the Secretary of State for Communities and Local Government in the High Court.
