Jul
28
2008
Comments: 0

Court fight bid to thwart Dome move

I’ve written in the past about how I’m not entirely convinced about the proposed new location for the Academy (or Hummingbird, for those of us who’ve been here long enough to remember…), but at the same time pointing out the uncharitable attitudes of some of the people they will be neighbours to once they’ve moved.

Another perhaps-soon-to-be neighbour has managed to secure a court appearance in order to appeal against the licensing application:

But that licence is now under threat after Patrick McCrossan, who lives at nearby Clydesdale Tower, claimed having the venue on his doorstep would infringe his human right to a decent night’s sleep. He said the additional noise from the crowds, cars and cabs leaving after a night of live and loud rock music would make sleep impossible.

The ‘plight’ of people who move in to a house next to an airport, church, farm, or pub and then start complaining about the noise coming from them is, of course, well known.

But this is taking that situation to new extremes; an entertainment license is tied to the person running the venue rather than the venue itself, but the venue still has the use which can be made of it laid down in planning consent - the Dome has planning consent to be a nightclub, so whoever owns it, unless they are successfully granted change of use consent, the building will only ever be used as a nightclub.

Presumably when it was being run as the Dome itself Patrick McCrossan never had any trouble getting a good night’s sleep. If he did, he could have applied for a noise abatement order against the place.
So how will the site continuing to be used for the purposes it has been consistently used for for at least 30 years infringe his human rights?

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