The Victorian government has ‘vowed’ to overhaul aspects of planning law by putting existing venues before new residents.
According to The Age, the Victorian government will change the planning laws to place the onus on whoever causes a change to the pre-existing conditions. New residents will need to put up with existing venues or pay to rectify. Venues looking to add live music will have ensure the amenity of the area isn’t affected.
The proposal reverses a long-standing legal principle that coming to the nuisance is no defence. A venue can’t currently argue that the neighbour knew of the noise and moved in anyway.
It’s not clear how the government proposes to enact the changes.
Planning Minister Matthew Guy said, “Whether it is through a state amendment or a local planning scheme amendment, we will find a way”, suggesting the government is yet to consult the Victorian Government Solicitor’s Office for advice.