The Significance In UK Nuisance Law Of The Introduction Of The 'Agents Of Change' Principle

The National Planning Policy Framework (NPPF) was first published in March 2012. The original NPPF (NPPF1) consolidated various other Planning Policy documents into one overarching framework. The purpose of the NPPF is set out in the introduction which states that "It provides a framework within which locally-prepared plans for housing and other development can be produced... [and that] the National Planning Policy Framework must be taken into account in preparing [a] development plan, and is a material consideration in planning decisions".

The Revised National Planning Policy Framework (NPPF2) published in July 2018 introduced the "Agents of Change" principle into the legislative framework (paragraph 182). This is the first revision of the NPPF since the NPPF1 was published in March 2012. The purpose of the NPPF2 remains the same as that in the NPPF1. Both the NPPF1 and NPPF2 focus on issues such as: sustainable development, building a strong economy, ensuring the vitality of town centres, promoting healthy communities and protecting green belt land. However, the NPPF2 introduces around 85 reforms and amendments to the NPPF1, with the inclusion of the "Agents of Change" principle one of the key differences between the two documents.

Essentially the "Agents of Change" principle is that the person or group responsible for the change (to the local/surrounding area) are responsible for the effects this change may cause. So, for example, if a new housing development was built in close proximity to a major airport then even though the nuisance (noise pollution) would be produced by the airport and not by the residents of the housing development, it is the new residents who would be responsible for e.g. soundproofing their homes.

One argument that has been made in favour of the "Agents of Change" principle is that, as in the example of a new residential development built near an airport, both the developers and the people that decided to move into the residential properties near the airport, would as a matter of common sense, be aware of the fact that there will be a lot of loud noise due to aeroplanes taking off and landing. Therefore, as they chose to develop near the airport, and to live near the airport it is up to the developers to include measures to reduce the nuisance caused by the noise pollution, and it is up to the residents to either use measures to soundproof their homes, or to simply accept that there will be noise pollution. The...