As Tone Deaf reported earlier this month, Melbourne is now officially one of the world’s leading music cities. In a new global study published by the IFPI and Music Canada, Melbourne was chosen alongside London, Montreal, New York, Berlin, and Austin as one of the world’s live music hubs.

In addition to the wealth of great music, abundant venues and live music spaces, and economic health of the city’s music scene, the authors of the study heaped particular praise on Melbourne’s famous Agent of Change laws, which protect established venues from the threat posed by residential developments.

“The Agent of Change Principle works well where there is a concentration of established music venues that are threatened by encroaching residential developments,” the study authors wrote. “An effort is now underway to have this principle adopted in part of London, UK.”

The Agent of Change Principle was signed into the books by former Liberal Planning Minister Matthew Guy late last year. As a result, any developer looking to build within 50 metres of a live music venue is responsible for any soundproofing that might be necessary.

However, while the much talked-about laws have received praise from the local industry and the international community, they are yet to receive their first real test, but that might be about to change. According to the Herald Sun, Northcote’s Open Studio may become the first test case.

The Mylonas family have lodged an application for a 31-unit, five-storey development on Northcote’s High St, right next door to Open Studio, a popular live music destination, bar, and crêperie, which has been serving local punters for the past nine years.

However, this doesn’t appear to be a case of publican vs property developer. In fact, James Livingston, a spokesman for the developer, said he is keen to negotiate with Open Studio co-proprietor Taegen Hannah before the Victorian Civil and Administrative Appeals Tribunal (VCAT) decides on the application.

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“This agent of change legislation hasn’t been tested at VCAT — no-one’s had to fight about it yet,” Mr Livingston told the Herald Sun. “I don’t want to have my name up in lights as the first case.” Mr Livingston said he’d been in communication with Ms Mannah to negotiate a mutually agreeable way forward.

He added that he was planning on consulting with an acoustic engineer to determine whether it would be more economical to soundproof the proposed new building or block the sound off at its source. Mr Livingston said soundproofing Open Studio would likely be the cheaper solution, but more certainty about the laws is needed.

Meanwhile, Open Studio co-proprietor Taegen Hannah called on Darebin Council to put a case to VCAT and the developer supporting the legislation as a permit condition. “It’s very exciting that there’s this protection for live music venues,” she said. “This is the first case and it’s important that VCAT adheres to it.”

While Ms Hannah acknowledged soundproofing would add significant costs to a development and could even prevent developers from coming to the area, she said the community values live music and the area’s strong live music culture is one of the main reasons people want to live in Darebin.

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