Written evidence submitted by the Theatres Trust [NPP 24]

 

 

Inquiry into the Department of Communities and Local Government Consultation on changes to the National Planning Policy Framework

  1. I write on behalf of The Theatres Trust regarding the Select Committee’s Inquiry into the Department of Communities and Local Government Consultation on changes to the National Planning Policy Framework.
  2. Our Role: The Theatres Trust is the National Advisory Body for Theatres and was established by The Theatres Trust Act 1976 'to promote the better protection of theatres'. Our 15 trustees are appointed by the Secretary of State for Culture, Media and Sport. The Trust is a statutory consultee in the planning system and local planning authorities are required to consult the Trust on planning applications for ‘development involving any land on which there is a theatre. The Act defines a theatre as ‘any building or part of a building constructed wholly or mainly for the public performance of plays’, and therefore applies to theatres, playhouses, arts centres, ciné-varieties or buildings converted for theatre use, old and new, in other uses or disused.
  3. The Trust contributes to the development of national planning policy, and led the successful campaign to have culture included as a core planning principle in the National Planning Policy Framework. We also engage with local authorities to encourage the inclusion of local policies to support cultural infrastructure and cultural well-being in their Local Plans. We identify Theatre Buildings at Risk and support and empower owners and community groups to purchase, restore and reuse theatre buildings to create opportunities for cultural participation, find sustainable new uses, and to use culture as a catalyst for wider regeneration in their communities.
  4. The Trust is often the only source of expert advice on theatre use, design, conservation, property and planning matters available to theatre operators, local authorities and official bodies. Whilst our main objective is to safeguard and promote theatre use, or the potential for such use, we also seek to provide impartial expert advice to establish the most viable and effective solutions for proposed, existing and former theatre buildings at the earliest possible stages of development.
  5. Our Concerns: The Theatres Trust acknowledges the importance of increasing the supply of new housing to meet demand. However, we are substantially concerned about the adverse effect the changes to the National Planning Policy Framework (and the related measures proposed in the Housing and Planning Bill) will have on sustainable development, and particularly the impact on the viability of theatres and cultural infrastructure across the country.
  6. As the Committee will be aware, planning and place making is more than just houses. Access to cultural infrastructure such as theatres is essential to the creation of sustainable communities, as they promote cultural well-being, social inclusion, and drive regeneration and investment in town centres. Arts and culture was worth £7.7bn in gross value added to the British economy in 2013 and more than one in twelve UK jobs are in the creative sector and this needs to be supported in all place making.
  7. We believe in the importance of having a plan led system that includes the involvement of communities in local planning and in neighbourhood planning via the Localism Act 2011. However, the move towards a presumption in favour of housing and the ‘permission in principle’ process outlined in the Housing and Planning Bill which the NPPF will facilitate, bypass the principles of a democratic local and neighbourhood plan-led system.
  8. We also consider that any changes to the National Planning Policy Framework should ensure issues such as culture, environmental capacity, place making, and infrastructure planning are not lost at the expense of short term provision of more housing. While the intention to build houses is clearly positive, the unintended consequences for communities, heritage, cultural infrastructure and employment land has not been addressed.
  9. Our Comments
  10. Await the recommendations of the Planning Minister’s expert panel reviewing the local plan making process before proceeding with this proposal.
  11. Given that the Planning Minister has convened an expert panel to identify and recommend ways to improve the local plan making process, we consider that this panel should report before proceeding with any changes to the NPPF. This is due in March 2016. Many of the measures proposed in the NPPF Consultation affect the plan making process and vice versa, and we would recommend it is delayed until those recommendations can be considered.
  12. Adopt ‘Agent of Change’ principle
  13. In order to support sustainable communities and protect cultural venues, the Trust recommends the adoption of the ‘Agent of Change’ principle as part of the planning system, which has also been promoted by the Music Venues Trust and the Mayor of London. This would help new housing development, as being promoted by these changes to the NPPF, and cultural facilities co-exist, making sure that changes in adjoining uses do not have an impact on established cultural venues (and other businesses) and that the person or business introducing the new use is responsible for mitigating the impact of any change.
  14. At present, developers have no legal obligation to soundproof new residences, forcing theatres and other performance venues to spend significant resources addressing noise complaints, abatement notices and planning applications.
  15. The’ Agent of Change’ principle means that a proposal for an apartment block, etc. to be built near an established cultural facility, such as a theatre, pub, live music or other performance venue, would be responsible for all additional soundproofing to make the new dwellings liveable and guarantee new residents would not have the right to demand changes to existing uses.
  16. The current laws state that whoever is making a nuisance is always responsible for that nuisance, despite the length of time the original business has been in operation. Community activities and facilities across the UK are under threat because the planning system does not safeguard our valued cultural venues.
  17. In our experience as a statutory consultee across the UK, having residential use in close proximity to a theatre or performance venue inevitably creates serious issues for both the venue and the new residents. Where there are insufficient safeguards in place (mainly via sound insulation), the residential use can jeopardise the venue’s operation.
  18. Disputes can emerge and residents can request a Noise Abatement Notice be issued by the council on the theatre operator restricting its activities and putting it at risk of closure. Developments that will co-locate noise sensitive uses need to be carefully planned to ensure the proposal will not have a negative effect on the viability of the theatre or the living conditions of the residents.
  19. We believe that the proposed changes to the NPPF (and the measures in Housing and Planning Bill) with a focus on brownfield regeneration, increased density, and allowances for small housing sites will only exacerbate this situation if cultural protections and noise management issues are not also expanded in the NPPF and the planning system.
  20. Despite the existing guidance in the NPPF about the protection of cultural infrastructure (core planning principles and at paragraphs 70, 123, 156), it is not working effectively due to the bias towards housing. The Trust continually reviews planning applications for residential development next to theatres and other cultural infrastructure that do not comply. The current planning process, with the Trust as statutory consultee, allows the opportunity to seek better design and noise mitigation measures, however, this is not always successful.
  21. The Trust therefore strongly recommends incorporating ‘Agent of Change’ principles into the NPPF and strengthening noise and cultural clauses to ensure all new development has a duty to protect the nation’s cultural infrastructure. The principle does not prevent new housing and results in better developments designed to fully recognise the nature of the surrounding development and ensure residential and cultural uses can coexist and develop for the benefit of the local community.

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January 2016