The Stables Theatre is very grateful to the members of Milton Keynes Council who voted unanimously last night (April 4) to secure its future by imposing a condition on the Reserved Matters planning application by Abbey Homes that the developer enter into a Deed of Easement.
The Deed of Easement will provide The Stables with the legal right to continue to make noise at the existing levels and will ensure that all future residents of the development are legally bound by this right.
The Development Control Committee expressed their concern that despite welcome noise mitigating measures agreed by the developer, there remained a significant risk that a future resident would complain about noise from The Stables.
For that reason, members decided that additional protection was necessary for planning reasons.
The deed doesn’t protect The Stables against statutory noise nuisance complaints but the Stables has always sought to avoid committing a statutory nuisance in any event.
Instead, the deed will provide a line of defence from private nuisance complaints that could result in claims for damages or restrictions that could ultimately lead to the venue having to curb its activities.
Monica Ferguson, Chief Executive & Artistic Director of The Stables was delighted with the outcome saying: “This marks a real turning point for us in our campaign to secure the future of The Stables as we head towards our 50th anniversary in 2020. We are particularly grateful for the support of the public, artists, staff and volunteers who have campaigned to safeguard the venue’s future.”
The legal arguments were set out by Tim Taylor of Foot Anstey who secured the Deed of Easements for The Ministry of Sound and The George Tavern in London. Tim will now work with Milton Keynes Council and the developers to agree the terms of the Deed of Easement with The Stables.
Tim said: “This is a forward-looking decision by the Members of the MK Planning Committee. By requiring the deed of easement as a condition of the development proceeding, Members have helped to secure the future of this fantastic venue while also helping the delivery of much-needed new housing.”
Jim Rice, Chair of Trustees, added: “This is a great decision for The Stables and, I trust, for live music generally across the UK.”
