Policy ENV 15: New development and existing uses
New development must effectively integrate with existing uses, and existing businesses and community facilities must not have unreasonable restrictions placed on them as a result of it. Where the operation of an existing business or facility could have a significant adverse effect on a proposed new development in its vicinity, the applicant shall submit appropriate information to demonstrate that such impacts will not arise or can be prevented through suitable mitigation measures. Where such impacts will arise and cannot be avoided through mitigation, planning permission will be refused.
4.92 Originally, the responsibility for managing and mitigating noise impacts and other sources of nuisances such as odour, dust, light pollution, air pollution, vibration and traffic has been placed on the existing use, regardless of how long it has been operating in the area. In some cases, this has led to newly-arrived residents complaining about such nuisances, which has resulted in existing businesses and community facilities having additional restrictions and some closing down. Businesses and community facilities include employment uses, places of worship, pubs, music venues, and sports clubs.
4.93 Proposals for new sensitive development in close proximity to existing uses that generate noise or other nuisances must now follow the ‘agent of change’ principle. The agent of change principle places the responsibility for mitigating the impact of noise or other nuisance firmly on the proposed new development, thereby ensuring that users or residents of the new development are protected from the nuisance and existing uses are protected from complaints.
4.94 The agent of change principle also works the other way. For example, if a new noise-generating use is proposed close to existing noise sensitive uses, such as residential development or businesses, the onus is on the new use to make sure the building or activity is designed to protect existing users or residents from the impacts. If a proposal cannot show to the satisfaction of the council that impacts would be mitigated and managed as part of the proposed new development, it will be deemed inappropriate
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