Planning has long sought to harmonise land uses, but the ‘agent of change’ principle has taken an increasing foothold in recent months. 

This principle seeks to ensure existing businesses or facilities do not have unreasonable restrictions placed on them as a result of subsequent development, instead putting the onus on the newcomer to manage any arising conflict.

Although a Bill to enshrine the principle in law was withdrawn last year, the concept is now embedded in policy in England and Wales for the first time. There is commitment from the Scottish Government to do likewise and a specific policy is also being progressed in the draft new London Plan.

Savills Danny Collins has previously discussed the implications for live music venues (What will the Agent of Change bill mean for venues and developers?) but the application of the principle is far reaching. Merlin Entertainment, the operator of Thorpe Park, recently indicated it would consider progressing a Judicial Review should proposals to build a retirement complex on neighbouring land be approved on the basis that it was likely to jeopardise ongoing operations and planned expansion because of complaints from residents.

Residential development is one of the most sensitive areas, but it is also in considerable demand. The planning profession is acutely aware of the housing crisis, and the requirement to speed up delivery is leading to the consideration of vacant or underutilised employment land or town centre sites, as encouraged by Government.

The growing challenge is to facilitate much needed housing by managing the conflict with neighbouring uses. This is likely to be a complex affair. How can the agent of change principle be successfully applied in decision-making when the nature of established use can make it difficult to assess and quantify a reasonable worst case scenario? 

A historic planning permission may provide unfettered use for what is now a neighbourly light industrial unit but could lawfully become a heavy industrial enterprise operating 24/7.  Conversely, how can the principle be applied when residential uses are being introduced under increasingly lenient Permitted Development Rights in town centres?

Planning has always sought to balance competing land interests. The agent of change principle has formalised this into a future area for dispute and litigation.

Further information

Contact Savills Planning & Development