Noise, Displacement, and Justice in Designing Urban Law and Policy for the Night

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    Abstract

    This article will map local law and policy developments regarding nighttime noise and music in Toronto, Canada, within the context of international guiding frameworks for sustainable and equitable urban development. Specific focus will be given to the agent of change principle and noise easement agreement framework as tools for urban law and policy that better respond to the realities of a 24-hour city. Then, it is argued that such tools can be used to preserve tangible and intangible cultural assets such as nighttime music venues, music performance, and the ability of urban denizens to participate in nighttime music culture. In doing so, this article will draw briefly on the application of the agent of change principle and noise easement agreements in the United Kingdom, which is placed in the broader context of discourse exploring the differing treatment of participants within nighttime culture. It is argued that the inconsistent treatment of participants within the nightlife industry and nightlife spaces should be considered in the development and implementation of local sustainable urban development policy that better mirrors guiding international frameworks for sustainable and equitable urban development.

    Original languageCanadian English
    Pages (from-to)493-518
    JournalCalifornia Western International Law Journal
    Volume53
    Issue number2
    Publication statusPublished - Jan. 1 2023

    Keywords

    • 24-hour city models
    • agent of change principle
    • nighttime economy
    • noise easement structure
    • urban development
    • urban law

    Disciplines

    • Law and Society
    • Other Law
    • Property Law and Real Estate

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