Hackney Planning Service,

2 Hillman Street,
London,
E8 1FB

By email: planning@hackney.gov.uk
Case officer: Barry Coughlan, barry.coughlan@hackney.gov.uk

Dear Mr Coughlan

REFERENCE:
Application: 2018/0363 - 118 Curtain Road Hackney London EC2A 3PJ

Planning application proposal: Change of use from storage and distribution (Use Class B8) to
offices (Use Class B1), including the conversion and extension of the building with the
erection of three additional storeys to provide B1 office floorspace, together with the
provision of associated secure cycle parking facilities and refuse and recycling storage

Music Venue Trust is a UK registered charity that acts to protect, secure and improve the
UK's grassroots music venue circuit. We provide advice to government, the cultural sector
and the music industry on issues impacting on the network of venues and are the nominated
representative that speaks on behalf the Music Venues Alliance, an association of more than
450 such venues from across the UK.

We write to offer comment on the development proposed under the above application,
which impacts directly upon the iconic grassroots music venue Strongroom Bar & Kitchen.

We are very concerned that the appropriate planning application process has not been
followed in this matter and draw your attention to the fact the venue does not appear to
have been appropriately notified of the development. We note that comments on this
application are still being accepted, and therefore write to offer such comment.

We have viewed the above application and relevant papers and strongly urge you to deny it
in its current format. Our objection is based on National and Local policies and guidance
which are not adequately addressed by the application in its existing format.

1. National Policy and Guidance Conflicts:

At a national level of guidance, the planning application and supporting noise report and
analysis to recognise the existence of the music venue, and the application in its current
format would act against the NPPF in several significant areas of guidance. Specifically:

Paragraph 6 of the Planning Practice Guidance in the National Planning Policy Framework:

The potential effect of a new residential development being located close to an

existing business that gives rise to noise should be carefully considered. This is
because existing noise levels from the business even if intermittent (for example, a
live music venue) may be regarded as unacceptable by the new residents and subject
to enforcement action. To help avoid such instances, appropriate mitigation should
 be considered, including optimising the sound insulation provided by the new
development’s building envelope.

Paragraph 123 of the Framework which states:

recognise that development will often create some noise and existing businesses
wanting to develop in continuance of their business should not have unreasonable
restrictions put on them because of changes in nearby land uses since they were
established

In both cases, we note that the applicant’s Acoustic Report of 15/03/17 does not contain
mention of the existence of The Strongroom Bar & Kitchen.

The main noise source to all elevations is road traffic from Redcliffe Way, Redcliffe
Hill and the adjacent roundabout. Other noise sources include people dining at the
two restaurants across the river and pedestrians using the site as a thoroughfare.

Furthermore, these clauses will be strengthened by the addition of a specific Agent of

Change clause in the revised NPPF which is imminently about to be published. Paragrpah
180 of the revised Framework will state:

Planning policies and decisions should ensure that new development can be
integrated effectively with existing businesses and community facilities (including
places of worship, pubs, music venues and sports clubs). Existing businesses and
facilities should not have unreasonable restrictions placed on them as a result of
development permitted after they were established. Where an existing business or
community facility has effects that could be deemed a statutory nuisance in the light
of new development (including changes of use) in its vicinity, the applicant (or ‘agent
of change’) should be required to secure suitable mitigation before the development
has been completed.

2. Hackney City Local Policies and Guidance Conflicts

LDF: Local Development Framework – South Shoreditch – February 2006

3.4.8 states:

South Shoreditch contains three designated Conservation Areas. All development

within, adjacent to or affecting the setting of a Conservation Area must preserve or
enhance its character or appearance and not cause it harm.

3.5.3 states:

Protect and promote smaller-scale business and specialist sectors including creative
and cultural uses, and ensure a supply of affordable, flexible business premises.
3.5.3 states:

Balance night-time economic activity such as bars and restaurants with residential
amenity.

Local Plan – Development Management Local Plan – July 2015

Policy DM 41 – Contaminated Land

7.7.7 Light and Noise Pollution and Vibration specifically states:

Noise pollution and vibration can come from a range of uses. Some examples include from
industrial processes, transport, construction activities, foul and surface water mis-
connections and energy consumption. As such it can have a detrimental impact on the
amenity of areas as well as serious health impacts of people and the environment.

Similarly 7.7.8 states:

In cases where separation is not possible, the impact of noisy development and vibration on
ambient noise levels should be assessed, for example by an Environmental Assessment using
the best available techniques and relevant technology and design guidance.

Furthermore, 7.7.11 states clearly:

Where additional information is required as to the impacts of a proposal in respect of
impacts on noise, odour or air quality, the Council will consider refusing planning permission
where inadequate mitigation is proposed or if sufficient information is not submitted.

Additionally 7.7.15 states:

Detailed acoustic, vibration and light survey reports may be required for development
proposals in line with best practice. If not submitted with an application, these will be
required as appropriate by the Council at the validation stage of the application process or at
pre-application stage. 


Policy DM42 – Pollution and Water and Air Quality states:

A. General
Detailed survey and assessment information will be required as appropriate in order for the
Council to consider any possible pollution impact linked to development proposals. Necessary
mitigation measures will be secured through negotiation on appropriate. Permission may be
refused for proposals that cannot provide adequate mitigation.

B. Pollution

Development proposals should include measures to reduce adverse noise, vibration, and/or
odour impacts and minimise unnecessary light pollution, particularly close to light and noise
sensitive areas, the public realm and open space.

Policy DM6: Arts. Culture and Entertainment Facilities states:

The Council will protect arts, culture and entertainment facilities by resisting their loss, unless
a replacement facility is reprovided, or it is demonstrated that the facility is no longer
required in its current use.

Specifically sub section 3.7.1 states:

The contribution of arts, culture and entertainment is significant to Hackney’s community
needs, economic development, vitality and regeneration. There are a significant number of
artists, designers and other creative professionals, and the creative industries contribute
strongly to the local economy. The Borough hosts a wide range of festivals including
Hackney’s Space Festival, Hackney Wicked and Hackney Fringe Festival which attract a large
number of visitors. There a number of art galleries, such as The White Cube gallery, museums
including the Geffrye Museum and Sutton House, and theatres including Hackney Empire and
the Arcola Theatre.

Furthermore 3.7.3 states:

The purpose of a policy to protect and improve arts, culture and entertainment activities and
facilities in the Borough is to:

. Maximise the benefits from arts, cultural, leisure and entertainment facilities arising
from the 2012 Olympic and Paralympic Games and Legacy.

. Encourage new arts, culture, leisure and/or entertainment developments in areas

identified for cultural growth both regionally and locally;

. Resist the loss of existing arts, culture, leisure and/or entertainment facilities in
locations identified as areas of cultural growth subject to local market conditions;

. Encourage contributions towards art and cultural activity subject to scheme viability;

. Support arts, culture and entertainment facilities which enhance the public realm or
open spaces

Policy DM11: Evening and Night-time Economy Uses states:

When considering planning applications for night time economy uses the Council will give
consideration to the following factors:

The potential impact of the development on amenities of adjoining and or adjacent

residential accommodation and non-residential uses, such as through noise disturbance,
cooking smells and anti-social behaviour, and highway safety; and the cumulative impact of
the use considering the number, capacity and location of other night-time economy uses in
the adjacent area, particularly for proposals within Shoreditch which is part covered by a
Special Policy Area designation and Dalston. 


The proposed development is an evidentially sensitive development and the on-going

viability of existing businesses is at threat due to noise pollution during the development
and future potential noise complaints (whether substantiated or not).

Notwithstanding significant improvement and enforcement of mitigation measures, the

application and plans presented do not address justifiable concerns about the future of the
music venue and pose a significant threat to the normal operation of the Strongroom as a
recording space during the development.
Recommendations:

The developer should undertake a Noise Impact study that acknowledges the existence of
the grassroots music venue to address all aspects of National Guidance and local plans.

The developer should consider the impact of any noise during development upon the
normal operation of the Strongroom Recording Studio and bring forward a robust
management plan and/or a proposal for financial recompense for potential loss of trade
during the development process.

We would suggest that the developer additionally bring forward a best practice Deed of
Easement which limits the ability of future residents to complain about acceptable existing
noise levels.

We strongly urge you to reject this application as submitted.

Sincerely

Mark Davyd
CEO
Music Venue Trust