Plans to convert offices into flats have been refused on appeal because they are next to a music venue.
DTA Property Holdings, owned by Timothy Clapham, 52, David Willis, 65, and Alfred Haagman, 65, applied to convert Norwood House in Dyke Road into flats last year.
But Brighton and Hove City Council refused the application due the potential disturbance from neighbouring Alphabet in the Rialto building.
The Music Venue Trust opposed the original application, along with 60 other people.
The charity wrote to oppose the appeal citing “agent of change” principles which protects music venues from noise complaints from neighbouring new developments.
The trust said: “The proximity of new residential units to Alphabet would place the future of the grassroots music venue under sustained risk of permanent closure, undermining the agent of change principle set out in national and local planning policy.
“Moreover, it would result in residential properties with unacceptable amenity and residential quality.”
DTA Property Holdings’ agent Wilbury Planning argued noise from Alphabet’s terrace is irrelevant. The company also stated noise reduction measures would not restrict Alphabet’s operation.
In their decision, planning inspector V Goldberg said the noise survey carried out in April 2024 was limited as the live music finished at 10.30pm when the venue is licenced until 5am.
The inspector also stated one day of analysis did not represent the variety of music or a “worst case scenario”.
There was also concern about ventilation as secondary glazing as noise reduction measures would require windows to remain shut.
The inspector said: “The appellant refers to the unlawful use of the terrace at the music venue and the noise levels emanating from it, therefore being irrelevant.
“Even if the noise from the terrace is not considered, this would not address the noise arising from the transmission of amplified music from 11 Dyke Road (Alphabet).
“Despite proposed mitigation, the proposal would not satisfy [planning rules] in regard to the impacts of noise from commercial premises on the intended occupiers of the development, and prior approval should not be given.
“On the evidence before me, this is a matter which could not be mitigated by conditions.”
Well done to the inspector. We all know that music venues are fast disappearing in this once vibrant city. I don’t think this is the end of the line though.
Good. Save music venues from greedy developers
The right decision has been made here. Save it our music venues and use logic when granting planning permission.
I think the argument presented here was a strong one. It would have clearly led to residents in the proposed housing units making noise complaints.
The right decision has been made here. Save our music venues and use logic when granting planning permission.
Hopefully not overturned on the obligatory appeal that follows every refusal
Are you aware that this was the appeal?
Thank goodness…a fantastic venue-needs to be treasured!
These developers can now focus on refurbishing St Catherines Lodge…
well done to the planning department , I do not go to concerts or music events and even I know that approving the building to be turned into flats would cause the music venue to be inundated with noise complaints
it’s bad enough when you have neighbours a road behind your property LOUD playing music until all hours , and you have to keep you doors and windows closed to be able to here yourself think. hope this music venue carries on for many years to come
Correct decision, we have already lost too many irreplaceable venues. The residents complain and take legal action, no matter what agreements were in place, probly advised by the vendor how to do it. The destruction of the very culture and vibe they came here for is thus accelarated. No doubt there will be an appeal to the minister, it needs to fail. Far too much of this carpetbagging by developpers, a misnomer if ever there was one, is going on.
Turned down in Brighton but if we get kingston telecoms ast saltdean and newhaven we can build plenty of flats and houses there even though there only one road the coast road which is blocked several times a times a day. Not even a super market in peacehaven and Welcombe no other amenities . Not much work available but that’s OK Lewis council has starved us of cash to develop . So don’t worry about building flats next to a music venue in Dyke road when council let any thing built in peacehaven telecoms Newhaven.
Is this avaiable in English?
Great
We will have music! But nowhere to live.