My name is Mark Benham, I’m head of Real Estate at Lester Aldridge.  I advise regional and national housebuilders (and the occasional landowner) on land promotion, acquisition and development, including advising providers of later living housing and housing with care.  Outside of work, my passion is music – whether it’s watching a new live act at a small local venue, enjoying music new and old on BBC 6 Music or compiling a playlist on Spotify to share with friends and colleagues.

There is a clear synergy between community assets, including live music venues, and the creation of new housing.  In July 2023, Joanna Averley, chief planner at The Department for Levelling Up, Housing and Communities, reminded planning authorities that they “have an important role in identifying and protecting local grassroots music venues in their area from the effects of new development”, referring them to the requirements in the NPPF regarding the provision of suitable mitigation measures.  She also flagged how the Music Venue Trust (which describes itself as being like the National Trust of music venues) can offer support to planning authorities when consulting on applications.

Independent music venues are the lifeblood of the music industry here in the UK, breathing life into our towns and cities as part of the “night-time economy”.  Sadly, 2023 was the UK’s worst year for music venue closures, according to the Music Venue Trust, with 125 grassroots music venues closing over 12 months.  Without Government support, the sad reality is that the number of venues will continue to shrink.

Our next guest is planning barrister Meyric Lewis KC.

Meyric balances a busy practice and family life with a love of music and gigs.  Lucky enough to live through the transformation of glam rock into punk and beyond, he continues to develop his musical tastes through his two daughters’ “record collections” (as he calls them).

Meyric specialises in planning and environmental law, with particular expertise in compulsory purchase.  He has served as B Panel Treasury Counsel defending the Secretary of State’s planning decisions in the High Court and has chaired the Compulsory Purchase Association.  He’s also penned and edited a plethora of publications, including Sweet and Maxwell’s Compulsory Purchase Encyclopaedia.

Mark: What is your favourite venue for live music?

Meyric: The Roundhouse (former railway engine turntable building to the east of the mainline out of Euston just beyond Primrose Hill) fantastic atmosphere, no seating in the main “pit” downstairs – failing that Hammersmith Odeon, now the “Eventim Apollo” (see below).

Mark: What housing scheme or project that you have been involved in are you the proudest of?

Meyric: Getting permission for an urban extension in the setting of a Grade I listed building and in a landscape said to have been depicted by Gainsborough – hard to think of a trickier site!

Mark: What was the first, and most recent, music gig/concert that you attended?

Meyric: My first was Patti Smith at Hammersmith Odeon in 1976 (supported by the Stranglers!)  Absolutely breath-taking.  I got right up to the front for the encores (including her version of My Generation) and she smashed a guitar on the front of the stage just a few feet from my face – quite a night out for an impressionable fourteen-year-old!

My most recent gig would have been Bruce Springsteen in Prague on 15 June, rescheduled from 28 May after he had problems with his vocal cords.  The only thing was, it turned out it was rescheduled for 2025 and not 2024!  Still, Prague is a great city and I’m really looking forward to visiting again next year (but maybe the less said the better!).

Mark: What is the most entertaining and memorable inquiry or hearing you have taken part in?

Meyric: Six weeks online in the Holocaust Memorial inquiry – hundreds of participants, including two former Prime Ministers, the current and immediate past Archbishops of Canterbury, the Chief Rabbi and a range of former Cabinet ministers, academics and broadcasters as well as members of the public and local residents. 

All this in the setting of the Palace of Westminster and Westminster Abbey UNESCO World Heritage Site and the Palace of Westminster itself, a Grade I listed building and within Victoria Tower Gardens, a Grade II Registered Park and Garden.  Hang on, I’ve just thought of a more constrained site!

Mark: If you could sum up the state of housebuilding in the UK by reference to a song, what song would it be?

Meyric: (So) Tired of Waiting by the Kinks?

Mark: You are appointed the Secretary of State for Levelling Up, Housing and Communities for one week.  You are given the power to make immediate legislative changes in order to ensure more houses are built.  What is the first change you would make?

Meyric: Bring back top-down housing targets!

Mark: What band or artist is your dream headline act, who would be the support act and where would the gig be?

Meyric: Arguably, I actually attended my dream gig: the Clash supported by the Jam supported by the (Howard Devoto) Buzzcocks and others at the Rainbow in 1977 – Time Out’s number 1 in their top 100 gigs of the 20th century. 

But if you think that sounds good, I wish I’d been there for the Ziggy Stardust tour in 1972 – David Bowie supported by Roxy Music!  Or the Doors at the Roundhouse in 1968 would have been pretty cool…

Mark: If you had one piece of advice to give to witnesses or advocates in an appeal, what would it be?

Meyric: I always say to witnesses: Listen to the question, think about the question, answer the question (qualified appropriately if necessary, of course) – and then stop!

Mark: What is your favourite album?  Name the first that comes into your mind.

Meyric: An impossible question!  Elvis Costello Live at the El Mocambo?  Hang on, Diamond Dogs by David Bowie (no, Low – or Heroes?)  Darkness on the Edge of Town?  Velvet Underground Live 1969?  No, Marquee Moon by Television, defo.  No, wait – Hunky Dory!  Sorry, can I start again?

Many thanks to Meyric for joining us. Our next episode will be landing next month – sign up to be notified when episodes are published here.

If you need further advice about any of your real estate requirements, please contact Mark via email at mark.benham@la-law.com.