Striking a balance on the Agent of Change principle is not easy - Geraint Hughes

When the Planning (Agent of Change) Bill was introduced in 2018 to “require specified planning controls in relation to developments likely to be affected by existing noise sources,” I wonder if the stooshie that would follow in Glasgow and Edinburgh five years later could have been foreseen.

The planning control is known as the Agent of Change principle. This means a requirement placed on those carrying out new development, to be responsible for managing and mitigating the impacts of that change to protect neighbouring uses.

Meanwhile in Scotland, the then Minister for Local Government, Housing and Planning, Kevin Stewart MSP proceeded to note his ‘attraction’ to embedding the control into the Scottish Planning System to protect established and emerging talent in the music industry – at the time estimated to contribute £334m to the Scottish economy.

The Minister’s attraction prompted a letter from the Chief Planner to remind colleagues that, yes, the Scottish Government recognised the cultural and economic contribution of Scotland’s music industry, and the importance of live music to the vibrancy of town centres and night-time economy, but noted Agent of Change’s relationship to established policy and practice.

​Geraint Hughes is a principal associate and planning specialist at Shoosmiths

The requirement to assess the impact of development on the character and amenity of a local area, and the impact/mitigation of noise has always been a material consideration in the determination of planning applications – supported by Noise Impact Assessments and regulated by planning conditions. Put simply, Agent of Change amounts to a cover version or liberally sampling an old tune or two and has at least one planning lawyer keen to point out the origins of the latest hit.

No one can doubt that Agent of Change is well intended. However, tensions are rising over its practical application in Scotland.

There are examples whereby the Scottish Ministers have used powers to ‘call-in’ applications for residential development, which had been considered and scrutinised by a planning authority – in knowledge of the site context and informed by technical reports – that then made an assessment and granted planning permission for residential development within a city centre location – satisfied that planning conditions could regulate and mitigate noise issues.

By ‘calling in’, the Scottish Ministers are reassessing planning applications to allow them to “give further consideration of the Agent of Change Principle and implications for live music venues and the recovery of the night-time economy,” on the basis that Agent of Change is a “nationally significant issue”.

On the A-side, this sounds like a wholesome tune. However, there’s always a B-side, often ignored at your peril – You Can’t Always Get What You Want being a prime, and rather apt example, after being infamously released by The Rolling Stones on the B-side of Honky Tonk Women.

The challenge now arising is that city centre living is seen as a critical component to successful regeneration, while boosting green credentials by reducing the need to travel using private transport. For example, Glasgow City Council has an ambition to double its city centre population over the next 15 years; commenting that it ‘lies behind cities such as Manchester, Liverpool and Birmingham’ when it comes to city centre living.

The ambition is clear – but on current evidence, will be compromised in its delivery. It is critical to strike the right balance in terms of the conflict between people living in the city and the life of the city. Otherwise, we are at serious risk of stymying cultural progression and the successful regeneration of our urban centres; not to mention exacerbating the housing crisis.

​Geraint Hughes is a principal associate and planning specialist at Shoosmiths