On 4 September 2014, the Victorian state government introduced the ‘agent of change’ principle into planning law by way of Planning Scheme Amendment VC120 and Clause 52.43.
The new provisions impose obligations on the ‘agent of change’, for example a residential developer, with respect to noise from live music performance across Victoria, and aims to protect live music venues from residential encroachment. The agent of change principle requires a developer to include noise attenuation measures when a proposed residential development is within 50m of an existing live music performance venue. In practical terms, this means that a new residential planning proposal close to a live music venue will need to include appropriate noise attenuation measures. Similarly, if a live music venue seeks to expand, the owner/operator will be responsible for attenuating any noise effects that are caused by that change.
The ‘agent of change’ principle is triggered automatically when a new planning permit application is lodged, and is unprecedented planning reform for live music.
