The landlady of a historic music venue in London has secured its future which was under threat by a proposed development of a block of flats next door.

Pauline Forster of The George Tavern on Commercial Road, Stepney, was worried that the venue would no longer be able to host loud gigs for fear of noise complaints from their future neighbours. She said “It’s a real victory not just for The George but for pubs and music venues that would be threatened by proposed residential developments”.

The protection was gained through a condition applied in the planning permission granted by Tower Hamlets Council. This condition stated that the developers would have to enter a Deed of Easement with the owner of The George Tavern acknowledging their right to create noise from live music.  The existence of that legal right effectively stops future residents from submitting noise nuisance claims.

It is not the first time that the measure has been applied.  In 2013 The Ministry of Sound won a similar battle when a 41 storey residential tower block was granted planning permission next door.

The news is important for owners of property near to a proposed development who fear that continued use of their property could be a nuisance.  It is also important for developers to consider the uses of surrounding land and buildings when purchasing property for development.  A nearby landowner could secure a similar planning condition that might affect the viability of the development.

If you are a property developer of a proposed site or a current property owner concerned about a nearby proposed development, it is important to ensure you speak with an expert in property law at the earliest opportunity to ensure you are not negatively affected. Speak to Farleys’ commercial property team on 0845 287 0939 or submit your enquiry through our online contact form.