A Bristol nightclub at the centre of an 11,000-home regeneration area has agreed the first-ever legal protections to be written into a planning consent.
Motion has agreed a deed of easement to be added as a planning condition with neighbouring Summix Capital and Bristol City Council.
Summix is seeking planning consent for 641 student bedrooms and 30,000 sq ft of commercial space on a 1.3-acre site on Feeder Road.
The agreement will allow development to take place under the condition that the nightclub is able to continue with the current noise levels, without fear of complaint from future residents.
Motion managing director Dan Deeks has been campaigning for the past eight months to have developers in the area agree a deed of easement to protect his business.
Deeks said: “The agreement sets out that the noise is legally allowed to be there. It arms the council if a noise complaint comes in. This isn’t just one-way; it protects the residents too because the sound has to stay within those levels.
“This experience on the ground with the council and the developer has set a precedent.”
Stuart Black, development director at Summix Capital, said: “It’s an agreement which will greatly benefit both parties as students will no doubt become attracted to the prospect of living within easy walking distance to such a landmark institution.”
The scheme is expected to go to Bristol City Council’s planning committee towards the end of the year.
The deed of easement mechanism has a history of supporting superclubs, but has yet to be agreed in a planning consent.
In 2014, the Ministry of Sound reached a legal agreement with developer Englewood to protect the nightclub, while supporting the development of the controversial 41-storey residential tower nearby.
Abbey Homes agreed to include a deed of easement in its planning condition for a 79-home scheme in Milton Keynes, last year. However, the scheme has been refused and at is currently at appeal.
Deeks is also working with Bristol City Council to secure agreements with developer Square Bay, which has an application for 367 apartments, 841 student bedrooms and 250,000 sq ft of commercial space in Temple Quarter.
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