After ongoing delays on long-held promises, the Melbourne live music scene has at last getting some of the protection it needs from noise complaints and encroaching residential developments as the State Government looks to implement the coveted Agent of Change policy.
State Planning Minister, Matthew Guy, has approved amendments to the Victorian Planning Provisions and all planning provisions in Victoria to legislate the Agent of Change principle.
“This means beloved pubs and clubs that are home to live music in Victoria will not be forced to close due to noise complaints from those in new apartment buildings or new houses next door,” Mr Guy said of the new changes. “This is by far and away the strongest planning regulatory reform in Australia that protects existing live music venues.”
The new 52.43 Particular Provision clause will capture not just traditional licensed venues, but registered rehearsal studios. Non-traditional venues such as community halls, record stores and radio performance spaces will also be captured by the clause by local councils adding their venues to a schedule in the clause.
The clause is effective immediately.
“This is great result for the Victorian music industry,” said Music Victoria CEO, Patrick Donovan.“This is great result for the Victorian music industry,” said Music Victoria CEO, Patrick Donovan. “Like a tight band, the music industry united and negotiated hard to ensure that all of all constituents across the state were captured by this clause. After all, they all combine to make up one of the most vibrant music sectors in the world.”
The news come too late for some live music venues however.
Melbourne’s Cherry Bar recently put the call out to the music community to help raise funds for expensive soundproofing renovations to the AC/DC Lane venue to pre-empt a noise complaint dispute with residents moving into an apartment tower overlooking the venue this month.
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The CBD bar managed to raise a staggering $50,000 in under 24 hours, with co-owner James Young saying it sent “a message to the world that people love and cherish live music and will scrape and fight to protect what they love in the face of rampant soulless residential development and the lack of meaningful support and real protection from authorities.”
Live music lobby group SLAM similarly criticised the Victorian Government for dragging its feet on following through on its pledge of support of the Agent of Change principle, Minister Guy promising its implementation as far back as December. The policy was then conspicuously absent from the Napthine Government’s raft of 36 reforms and red tape cuts in January.
The government has also now committed to reforming the Building Code to reduce red tape for small and medium sized venues, and a $500,000 Live Music Noise Attenuation Assistance Scheme. Details of eligibility for these grants will be released in coming weeks. The Agent of Change Principle, which puts the responsibility for noise attenuation measures on the “agent of change”, is also recognised in liquor licensing controls after legislation was passed in Parliament last week.
Agent of Change policy references will be included in the revised Planning Policy framework, and a detailed updated practice note will also be introduced.
This is a once in a lifetime chance to help make changes that will affect the live performance industry for the next 10 years.But the fight is far from over. The Agent of Change is only triggered by new planning permits, and doesn’t apply to someone moving into an existing residence near a live music venue and complaining until the place gets shut down.
For that, the music community will need amendments to the Environmental Protection Authority’s noise standards, known as SEPP N2. Luckily, a review is currently underway and this is a once in a lifetime chance to help make changes that will affect the live performance industry for the next 10 years.
Music Victoria, which will make its submission public prior to the 15th October deadline, is advocating for two-tiered noise standards, so music can be played louder in cultural clusters than in the leafy suburbs.
The EPA is having meetings with all the stakeholders over the next month. Make sure you go along and make your voice heard.
