The Historic Environment Consultancy

Heritage Impact Statement: Connaught Square Land between High Street , Stone Yard, Birchall Street, Bradford Street and Rea Street B12 0QY Grid Reference: SP 078 862

Dr Peter Wardle

18/10/2017 Document Reference Number 2017/1400 Version 4

1 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham Heritage Impact Statement: Analysis of The Setting of Nearby Heritage Assets Connaught Square, Digbeth Land between High Street Deritend, Stone Yard, Birchall Street, Bradford Street and Rea Street Birmingham West Midlands B12 0LN Dr Peter Wardle 16/October/2017 Version 4

Table of Contents 1. Summary ...... 1 2. Introduction ...... 1 3. Legislative and Policy Background ...... 2 4. Setting ...... 13 5. Historic England Policy on Tall Buildings ...... 21 6. Historic Background ...... 21 7. Conservation Area ...... 24 8. Conservation Area Designated Views ...... 30 9. The White Swan ...... 45 10. The Anchor ...... 52 11. 224 & 225 High Street ...... 61 12. 85 High Street ...... 68 13. / Devonshire House, High Street ...... 75 14. Old Crown, High Street ...... 82 15. The ...... 89 16. The Proposals ...... 95 17. Conclusions ...... 96

i Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

Table of Figures Figure 1: General Location Plan, 1:10,000 @ A4 ...... 2 Figure 2: Detailed Location Plan. Scale 1:2500 ...... 3 Figure 3 Roof Plan Scale 1:500 @A3 September 2017 ...... 7 Figure 4: Digbeth Bridge, 1732 (Harris) ...... 23 Figure 5 The Extent of The Conservation Area and Location of Heritage Assets ...... 26 Figure 6 Views identified in the Conservation Area Appraisal ...... 30 Figure 7 Visibility Analysis Floodgate Street View Point as existing ...... 33 Figure 8 Floodgate Street View Point Visibility Analysis of the approved scheme ...... 34 Figure 9 Floodgate Street View Point Visibility Analysis of the proposed scheme ...... 35 Figure 10 Visibility Analysis Designated View North-East of Floodgate Street, as existing37 Figure 11 Visibility Analysis Designated View North-East of Floodgate Street, as approved ...... 38 Figure 12 Visibility Analysis Designated View North-East of Floodgate Street, as approved ...... 39 Figure 13 Visibility Analysis High Street View Point as Existing ...... 40 Figure 14 Visibility Analysis High Street View Point as Approved ...... 41 Figure 15 Visibility Analysis High Street View Point as Proposed ...... 41 Figure 16 Visibility Analysis High Street East as existing ...... 42 Figure 17 Visibility Analysis High Street East as Approved ...... 43 Figure 18 Visibility Analysis High Street East as Proposed ...... 44 Figure 19 The location of White Swan Bradford Street in relation to Connaught Square . 45 Figure 20: The location of The Anchor Public House Rea Street in relation to Connaught Square ...... 52 Figure 21: Viewshed from The Anchor Public House Rea Street ...... 59 Figure 22 Viewshed from the Southern Elevation of the Anchor ...... 60 Figure 23: The location of 224 &225 High Street Deritend in relation to Connaught Square ...... 61 Figure 24: Viewshed from 224 &225 High Street Deritend ...... 67 Figure 25: The location of 85 High Street Digbeth in relation to Connaught Square ...... 68 Figure 28 Views Shed from 85 High Street towards the proposed Connaught ...... 74 Figure 27: The location of Custard Factory Devonshire House High Street Deritend in relation to Connaught Square ...... 75 Figure 28 Views Shed from Devonshire House towards the proposed Connaught Square ...... 81 Figure 29: The location of Old Crown High Street Deritend in relation to Connaught Square ...... 82 Figure 30: View shed from Old Crown High Street Deritend ...... 88 Figure 31 Visibility Analysis River Rea from South as existing ...... 93 Figure 32 Visibility Analysis River Rea from South as proposed ...... 93 Figure 33 Visibility Analysis River Rea from North as existing ...... 94 Figure 34 Visibility Analysis River Rea from North as proposed ...... 94

ii Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham Table of Plates Plate 1 Looking towards Digbeth High Street from the Application Area ...... 4 Plate 2 Looking towards the application Area and the White Swan ...... 4 Plate 3 The application area from Birchall St ...... 5 Plate 4 Looking North from the Application Area ...... 5 Plate 5 The Application Area from High Street Digbeth ...... 6 Plate 6 The view from Hampton Court Station towards Hampton Court ...... 20 Plate 7 Looking East from the junction with Chapel House St ...... 27 Plate 8 Looking West from the junction with Chapel House St ...... 28 Plate 9 High St Looking East ...... 28 Plate 10 High St Looking West ...... 29 Plate 11 High St Looking West ...... 29 Plate 12 Conservation Area Appraisal Vista looking West ...... 31 Plate 13 Conservation Area Appraisal Vista looking East ...... 31 Plate 14 Looking North West along Floodgate Street ...... 32 Plate 15 Looking from Floodgate Street towards the Application Area ...... 32 Plate 16 North End of Floodgate Street looking South ...... 36 Plate 17 Looking towards the Application Area from High Street View Point ...... 40 Plate 18 Looking towards the Application Area ...... 42 Plate 19 The White Swan South West Elevation ...... 46 Plate 20 The White Swan South East Elevation ...... 46 Plate 21 The White Swan South East Elevation ...... 47 Plate 22 The White Swan South East Elevation ...... 47 Plate 23: The rear of the White Swan from the development area ...... 51 Plate 24: The Anchor, southwest elevation ...... 53 Plate 25: The Anchor, southeast elevation ...... 53 Plate 26 The Anchor Public House from the South ...... 54 Plate 27 The Anchor Public House South East Elevation ...... 54 Plate 28: Looking towards the location of the proposed Connaught Square Building from the Vicinity of The Anchor ...... 58 Plate 32: 224 &225 High Street Deritend ...... 62 Plate 33: Listed Building 4 224-225 Prior to the Construction of Digbeth College ...... 63 Plate 34 Looking towards the location of the proposed Connaught Square Building ...... 65 Plate 35 Looking Towards The Application Area 225 High Street ...... 66 Plate 29: 85 High Street Digbeth ...... 69 Plate 30: Looking towards the location of the proposed Connaught Square Building ...... 72 Plate 31 Looking towards 85 High Street and the Application Area ...... 72 Plate 36: Custard Factory Devonshire House High Street Deritend ...... 76 Plate 37 The Chimney Stack and the Custard Factory ...... 77 Plate 38 The Chimney Stack ...... 77 Plate 39: Looking towards the location of the proposed Connaught Square Building ...... 80 Plate 40 Old Crown High Street Deritend ...... 83 Plate 41: Old Crown Side Elevation ...... 84 Plate 42: Looking towards the location of the proposed Connaught Square Building ...... 87 Plate 43 The River Rea from the Application Area Looking North ...... 89 Plate 44 The River Rea from the Application Area Looking South ...... 90 Plate 45 The River Rea from the Application Area Looking South ...... 90 Plate 46 The River Rea from the Application Area Looking South ...... 91 Plate 47 The River Rea from Cheapside ...... 91 Plate 48 River Rea Looking North from Custard Factory ...... 92 Plate 49: River Rea Looking North from Custard Factory ...... 92

iii Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham Version Control

Version No Draft Content Added/Omitted Date 0.5 Client Draft 11/8/2017 0.7 LPA Draft Client Comments 1 Issued Report Complete Revision New Design & Visibility 29/8/2017 Analysis Methodology 4 Additional Table 15/10/2017 4.1 Minor changes to text 18/10/2017

iv Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham Heritage Impact Statement: Connaught Square Digbeth Birmingham Dr Peter Wardle 18/10/2017

1. Summary This Heritage Statement should be read in conjunction with the planning application.

It has to be recognised that planning consent was granted for a previous scheme on this land in 2007 - planning Reference 2007/04049/PA, and was reapproved in 2010/05820/PA. The approval was for “Erection of new floorspace to provide for residential, retail, commercial, leisure and community uses (Use Classes A1, A2, A3, A4, A5, B1, C1, C3 and D2) plus ancillary parking, servicing and amenity space”.

The report to Committee in 2010 recognised that PPG 15 and PPG 16 had been replaced by PPS 5. It is thus suggested that most of the key decisions about the Historic Environment have been taken that is: • The importance of the archaeological remains was such that preservation by record was acceptable. It is noted that the land has been subject to archaeological investigation and a draft report has been produced. • The construction of taller buildings along Digbeth & Deritend High St is acceptable. • Construction of a building immediately adjacent to the White Swan is acceptable. • Removing a recent utilitarian industrial building

By 2010 most of the building on the land had been demolished creating a gap site on Digbeth and Deritend High St adjacent to the Conservation Area.

Since the previous scheme has been approved, the National Planning Policy Framework and other Historic Environment Policy has been introduced. It can be seen that the current scheme does not cause “substantial harm” to a Heritage Asset or its setting, indeed a number of heritage benefits result from the proposals.

These are: • Creating a vista and open space along the river Rea towards the Conservation Area and making it available as a public amenity. This in turn will allow an appreciation of the medieval layout of Birmingham and a Civil War Battle site. It is noted that there are very few surviving elements or reminders of the Market Town of Medieval Birmingham. • Removing dereliction surrounding the White Swan • Removing a gap site adjacent to the Conservation Area

It is noted that the application area is outside the Conservation Area and thus the following Supplemental Planning Policy stated in the Conservation Area Appraisal is applicable: 2.4. Development in the Conservation Area Setting New development in the setting of the conservation area should respect and preserve characteristic views within, from and into the area. The Council will not permit new buildings or additions to existing buildings beyond the conservation area boundary to intrude on or block key views or important sightlines.

The Application conforms to this and creates a new key view of the conservation area. It noted that views of the spire of St Anne’s Roman Catholic Church along the High Street will be lost. It is noted that there are numerous public benefits from the scheme which are outlined in the Planning and Design and Access Statement. As the impact on Heritage Assets is less than substantial in all eventualities any harm caused to the Heritage Assets is outweighed by the Heritage and other public benefits. 1 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

Listing Building Street Dista CS Impact on Setting CS What visible CS Impact on Setting No nce Importance 409970 The Anchor Public 14 Importance Unaffected Western elevation The location of the development is currently derelict land. The House Rea St construction of the proposed buildings will restore the crossroads - the setting of The Anchor - to being again a built-up crossroads and will therefore be a positive development. 217023 85 High St, 66 Importance Unaffected Northern & western The building is located in an area that has already experienced a Digbeth elevations great deal of alteration and now has a large number of modern buildings. The proposed development will add modern high quality buildings to the street scene which will remove a detracting gap site and some poor quality modern buildings. It will restore the sense of enclosure along a historic arterial road. 479956 58 Oxford St 197 No change to the building’s Top of Tower & Top The proposed building will be visible above 20th century industrial importance. of NE NW Elevations structures and will not have a significant impact on the setting of the asset, which has already been impacted by the construction of modern buildings in the immediate vicinity. 493738 Former Ice 290 No change to the building’s Top of the Tower and The building is nearer to the Bullring than the proposed Factory Store importance. NW elevation development. The development will be located on an area of Orwell Passage wasteground which at present detracts from the significance of the asset. The construction of a high quality building will make a positive contribution to an urban arterial road. 486858 RTP Crisps 292 No change to the building’s Top of Tower, NE The building is located in an area that has already experienced a Allison St importance. and NW Elevations great deal of alteration and now has a large number of modern buildings. The development will have no impact on the setting of the building. 217272 Church of St John 408 No change to the building’s Tower and NE The asset is located in an area that has already experienced a great & St Basil Heath importance. Elevation deal of alteration and now has a large number of modern buildings. Mill Lane The development will have no impact on the setting of the asset. 217055 122 Fazeley St 503 No change to the building’s Top of Tower and NE The top of the tower will be visible along with other tall recent importance. elevation buildings such as the Bullring & Rotunda 456124 Public Toilets 54 503 No change to the building’s Top of Tower and NE There will be views of the top of the tower. Liverpool St/Great importance. Elevation Barr S 217054 106 108 & 110 513 No change to the building’s Tower and NE There are already views of distant tall buildings including residential Fazeley St importance. elevation towers to the east. 216754 54 Banbury St 610 No change to the building’s Tower and NE There is no real appreciable impact on the setting importance. Elevations 217398 Floodgate School 90 No change to the building’s Tower and NE The asset is located in an area that has already experienced a great Floodgate St importance. Elevation deal of alteration and now has a large number of modern buildings. The development will be located on an area of wasteground which at

2 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

present detracts from the significance of the asset. A view from the eastern elevation along the course of the River Rea will be created. 217291 224 &225 High St, 30 Importance Unaffected Street frontage of The proposed development will add modern high quality buildings to Deritend Digbeth High Street the street scene which will remove a detracting gap site and some poor quality modern buildings. It will restore the sense of enclosure along a historic arterial road. 217290 Devonshire House 74 Importance Unaffected Northern and eastern The construction of the Bull Ring Trading Estate opposite the High St, Deritend elevations of the Devonshire Works has already caused impact on the setting. The northern proposed proposed development will add modern high quality buildings to the buildings street scene which will remove a detracting gap site and some poor quality modern buildings. It will restore the sense of enclosure along a historic arterial road. 217288 Former Church 255 No change to the building’s Tower, NE and This Church is located in an area that has already experienced a High St Bordesley importance. Southeast Elevations great deal of alteration and now has a large number of modern buildings. The development will be located on an area of wasteground which at present detracts from the significance of the asset. 217289 Old Crown High 164 Importance Unaffected North and east Improved. The buildings on the opposite side of the High Street to St, Deritend elevations of the the Old Crown are all modern. The proposed development will add Northern buildings modern high quality buildings to the street scene which will remove a detracting gap site and some poor quality modern buildings. It will restore the sense of enclosure along a historic arterial road. 409971 White Swan 3 Importance Unaffected The southern and Positive. The White Swan was intended to be the corner of a block Bradford St eastern parts of the of large buildings. These have now been demolished leaving derelict proposed buildings ground. The proposed development will add high quality buildings to the street scene which will remove a detracting gap site and some poor quality modern buildings. It will restore the sense of enclosure at a historic cross roads. 217017 Railway Viaduct 706 No change to the building’s Tower and NE There is little impact on the setting even with distant views. The over Canal importance. elevation relationship of railway viaduct and canal would still be apparent. Curzon St 469952 Old Moor St 500 No change to the building’s Tower only The setting of this building is dominated by the nearby Bullring. The Station importance. tower, the only visible part of the development from the asset, will only be visible above modern structures. 217053 Canal Side 570 No change to the building’s Tower and NE There will be little appreciable change to the setting Warehouse importance. elevation Fazeley St 217146 Road Bridge No 545 No change to the building’s Tower and NE There will be no real appreciable change to the setting 95 Great Bar St importance. elevation

3 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

2. Introduction

2.1 Scope and Layout of the Report This is a revised Heritage Statement which takes into account a revised design (28/9/2017)and utilises a revised methodology for visibility analysis.

This report forms part of the Heritage Statement which will accompany the planning application for a proposal to build residential and commercial buildings.

The other part of the Heritage Statement contains a detailed Historical and Archaeological account of the area as well as a full map regression analysis.

This report considers the impact of a tall building on the setting of designated heritage assets within a 6 km or more radius of the proposed building. This includes:

• 28 Conservation Areas and the circa 400 roads and 790 listed buildings within them • 393 Listed Buildings not located in Conservation Areas within a six kilometres radius of the proposed building • 9 Designated Parks and Gardens • 100 km of canals

In total of the order of 5000 locations were checked to see if the proposed building would be visible.

If the proposed building would be visible then a more detailed consideration of the impact of the proposals was undertaken.

This report is a highly summarised account of the findings of this study.

2.2 The Client This report was commissioned by Damian Siviter of Seven Capital (Connaught Square) Ltd on 1/3/2017 for and on behalf of Damian Siviter of Seven Capital (Connaught Square) who are the building’s owners.

2.3 Confidentiality and Copyright This document is to remain confidential for a period of 12 months or until it forms part of a formal planning application or until otherwise indicated by the client. The copyright of this report belongs to the Historic Environment Consultancy. No liability to third parties is accepted for advice and statements made in this report.

2.4 The Land Site Address: Connaught Square Digbeth Land between High Street Deritend, Stone Yard, Birchall Street, Bradford Street and Rea Street Birmingham West Midlands Post Code B12 0QY Grid Reference: SP 078 862

The general location is shown in Figure 1 and the detailed location in Figure 2.The site is an area of former industrial buildings, now mainly used as a car park. The River Rea bisects the site from north to south. 1 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

Figure 1: General Location Plan, 1:10,000 @ A4

2 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

Figure 2: Detailed Location Plan. Scale 1:2500

3 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

Plate 1 Looking towards Digbeth High Street from the Application Area

Plate 2 Looking towards the application Area and the White Swan

4 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

Plate 3 The application area from Birchall St

Plate 4 Looking North from the Application Area

5 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

Plate 5 The Application Area from High Street Digbeth

2.5 Topography The land is at a height of 103-104mOD. It is largely flat, with a river channel cutting from north-south.

2.6 The Proposals Clearance of the site and the erection of new buildings ranging from 4 storeys to 20 storeys to provide 724 residential units and 3,529 sq.m of commercial/retail/leisure and community uses (Use Classes A1, A2, A3, A4, B1, D1 and D2) together with car parking, new public square and pedestrian bridges over the River Rea, landscaping, engineering operations and site clearance and associated works

The roof plan upon which the following analysis is based is shown below.

6 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

Figure 3 Roof Plan Scale 1:500 @A3 September 2017

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2.7 Visibility Analysis Methodology The level to which the proposed development is visible from heritage assets was calculated using the geographic information system package ‘QGIS’.

The QGIS plugin ‘Viewshed Analysis’ by Zoran Čučković was employed to ascertain which parts of the landscape were visible from points in the landscape identified as the location of heritage assets.

The surface model used in the calculations is a LIDAR Composite Digital Surface Model (DSM) with a 1m horizontal resolution, published by the Environment Agency. A DSM reflects the true topography of the land, including buildings, walls, hedgerows, woodland and other vegetation, which in this case, is ideal for accurately modelling the visibility from a particular building.

Visibility plots were calculated using an observer height of 1.6m (average eye level) for ground floor purposes, 4.6m for first floor and 7.6m for second floor levels, to a suitable radius to assess whether or not the proposed development area is visible.

1 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham 3. Legislative and Policy Background

3.1 Word Definitions There is a difference between the meaning of the word significance in Government Documents and its meaning in Historic England (formerly part of English Heritage) documents. Significance is defined by the pocket Oxford Dictionary as noun importance; meaning.

In this report when the word Significance is used as having the meaning as indicated in Government documents it is denoted as Significance. When significance is being used in the manner suggest by Historic England it is denoted Significance (HE).

3.2 The Historic Environment System

It has to be accepted that there is a hierarchy of Legislation; Government Planning Policy issued by the Department of Communities, Government Heritage Policy issued by the Department of Culture Media and Sport, and advice issued by Historic England; to be followed when making a planning decision.

This has led to a complex system which is sometimes contradictory. This has been made worse because a new Heritage Act was planned but never presented to Parliament. Instead the existing legislative framework was supplemented by changes to Planning Policy to reflect what was intended to be in the new Act.

The Key reform of the proposed Act was a unified designation system for all Historic and Archaeological entities ranging from half a million year old habitation sites to post 1980s offices, including parks and shipwrecks and aircraft.

3.3 Historic Building and Monuments Commission (England) In 1984 the government set up an autonomous agency to undertake its functions in relation to Ancient Monuments, Archaeology, Listed Buildings, Historic Parks and similar, except for the formal designation of these which remained in the hands of the relevant minister. This body became known as English Heritage.

In 1999 The Historic Building and Monuments Commission (England) merged with the Royal Commission on the Historic Monuments of England and the National Monuments Record.

On 1st April 2015 English Heritage was split into two organisations: • English Heritage Trust which took over the management of Historic Properties owned or operated by the state. • Historic England which remains an Agency of Government which has all the other functions of English Heritage.

While this was called a rebranding exercise many policy and other documents have been re-issued and many included revisions. There are over 100 Historic English Policy Documents see: Advice and Guidance: New titles and backlist

In the period 15/2/2016 to 15/9/2016 twenty-nine new policy documents were issued, that is over one per week.

2 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham 3.4 Planning (Listed Buildings and Conservation Areas) Act 1990 Listed Buildings This Act sets out the legal basis for the protection of buildings of special architectural or historic interest – ie the process of listing. (Chapter 1 section 1 paragraph 1)

Chapter 2 Section 16 paragraph 2 states:

(2)In considering whether to grant listed building consent for any works the local planning authority or the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

This section states that it is DESIRABLE to protect the setting of listed buildings but crucially “setting” is not defined.

3.5 Planning (Listed Buildings and Conservation Areas) Act 1990 Conservation Areas Part 2 Section 69 paragraph 1 states Every local planning authority — (a)shall from time to time determine which parts of their area are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance,

Section 74 requires permission for demolition of any building in the Conservation Area.

It is noted that the settings of Conservation Areas are not protected in the same way as Listed Buildings. The Act (Section 72 paragraph 1) instead places the following duty:

(1)In the exercise, with respect to any buildings or other land in a conservation area, of any functions under or by virtue of any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

That is the 1990 Act does not protect the Setting of Conservation Areas.

3.6 The 2007 Heritage White Paper and English Heritage 2008 Document Conservation Principles, Policies and Guidance The Government’s Intent for Heritage Reform was set out in the White Paper: Heritage Protection for the 21st Century (March 2007). This proposed a single national Register of historic buildings and sites of special architectural, historic or archaeological interest, which will include all those places currently on the statutory list of buildings of special architectural or historic interest and the schedule of monuments, and the non-statutory registers of historic Parks and Gardens.

The 2007 White Paper defined “Heritage Assets” for the first time. The 2008 Draft Heritage Protection Bill defined 2 Heritage structures (a) a registrable structure in England which English Heritage considers to be of special historic, archaeological, architectural or artistic interest Open Space (a) a registrable open space in England which English Heritage considers to be of special historic, archaeological, architectural or artistic interest; or

3 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

The Bill also noted that other factors could not be taken into account.

Conservation Areas were not included in the draft bill. Of importance is the fact that there were two different types of Heritage Assets which recognised the difficulty in having a single definition of Heritage Asset.

In 2008 English Heritage published the document 2008 Conservation Principles, Policies and Guidance For the Sustainable Management of The Historic Environment.

In the foreword is the following statement: Our main purpose in producing the Principles, Policies and Guidance is to strengthen the credibility and consistency of decisions taken and advice given by English Heritage staff, improving our accountability by setting out the framework within which we will make judgements on casework. Our success will also be measured by the extent to which this document is taken up more widely in the sector. Over time, and in conjunction with legislative reform and improving capacity in the sector, we hope that the document will help to create a progressive framework for managing change in the historic environment that is clear in purpose and sustainable in its application – constructive conservation.

It is noted that this document was produced on the basis that Heritage Law would be changed.

It was not intended as Government advice on Heritage Management it was a guide to how English Heritage would make decisions in their role as advisors to Government.

This document introduces the concept of “Heritage Value”. The document also suggests, in para 25:

We have therefore deliberately avoided the specialised terminology of current law and public policy relating to heritage designations,

In the proposed new national system of cultural heritage protection, ‘reasons for designation’ will set out why each ‘historic asset’ is above the threshold for designation for its ‘architectural, historic or archaeological interest’. Grounds for designation will necessarily be confined to specific values under these headings, directly related to published selection criteria. The statutory basis of designation will, however, be sufficiently broad to embrace the range of values which the Principles identify as desirable to take into account in the management of significant places.

Paragraph 74 recognises the incompatibility of their own methodology with English Law which states:

The contribution of such objects and archives, including evolving collections, should be articulated, even if they are currently held elsewhere, and regardless of whether their contribution falls within the scope of statutory protection.

3.7 2010 DCMS Circular - Principles of Selection for Listing Buildings This document remains in force and was not superseded by the Framework. Of importance is the statement in para 1

4 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham The Secretary of State cannot take any other factors into account when considering his decision Para 9 states The Secretary of State uses the following criteria when assessing whether a building is of special interest and therefore should be added to the statutory list: • Architectural Interest. To be of special architectural interest a building must be of importance in its architectural design, decoration or craftsmanship; special interest may also apply to nationally important examples of particular building types and techniques (e.g. buildings displaying technological innovation or virtuosity) and significant plan forms; • Historic Interest. To be of special historic interest a building must illustrate important aspects of the nation’s social, economic, cultural, or military history and/or have close historical associations with nationally important people. There should normally be some quality of interest in the physical fabric of the building itself to justify the statutory protection afforded by listing.

3.8 2010 Planning Policy Statement 5 - Non Designated Heritage Assets When the Government decided it was not going to take forward the New Act, it decided that 95% of its objectives could be achieved by a reform of planning advice. A new integrated Planning Policy Statement was issued replacing: 1. PPG15 Planning and the Historic Environment 2. PPG16 Planning and Archaeology

3.9 Heritage Assets Of importance is the fact that the concept of Heritage Assets was introduced and a distinction made between designated and undesignated Heritage Assets. Designated assets are as follows: 1. World Heritage Site 2. Scheduled Ancient Monument 3. Listed Building 4. Protected Wreck Site 5. Registered Park and Garden 6. Registered Battlefield 7. Conservation Area

Heritage Assets were defined more broadly as:

A building, monument, site, place, area or landscape positively identified as having a degree of significance meriting consideration in planning decisions. Heritage assets are the valued components of the historic environment. They include designated heritage assets (as defined in this PPS) and assets identified by the local planning authority during the process of decision-making or through the plan- making process (including local listing).

A key purpose of this was to enable the protection of the vast numbers (circa 90%) of archaeological sites not protected as Nationally Important Scheduled Ancient Monuments.

The National Planning Policy Framework 2012 revised this definition slightly:

Heritage asset: A building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. Heritage asset includes designated heritage assets and assets identified by the local planning authority (including local listing). 5 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

3.10 Above Ground Undesignated Heritage Assets Thus the definition of an undesignated Heritage Asset is clear – only a Local Planning Authority can identify an undesignated Heritage Asset.

The following are considered to be undesignated (non Archaeological) Heritage Assets: 1. Locally Listed Buildings 2. Identified as Heritage Assets in other Local Planning Authority documents 3. Other buildings suggested to be Heritage Assets by the Local Authority during consultations about this proposal 4. Buildings recorded as making a positive contribution to the special historic or architectural character or appearance of a conservation area.

Mention of a building in the Historic Environment Record does not make a building a Heritage Asset because: 1. It may not exist 2. It may not be historic (a building may be included in the HER because archaeological work has been undertaken there) 3. The owners and occupiers have a right to be informed that a building has been identified as a Heritage Asset.

3.11 2012 The National Planning Policy Framework The 2012 National Planning Policy Framework was designed to simplify planning policy and in particular make it clear that there was a presumption in favour of sustainable development. It also noted that the public benefit from job creation and economic wellbeing, as well as house construction and mineral extraction, should be taken into account.

The Heritage Sections are appended.

3.12 DCMS 2014 document Planning Practice Guidance The DCMS 2014 document Planning Practice Guidance contains the Document Conserving and Enhancing the Historic Environment. The purpose of this document is to amplify and clarify the Framework.

3.13 2015 Historic Environment Good Practice Advice in Planning In 2015 Historic England published three guides to Good Planning Practice these were: 1. The Historic Environment in Local Plans 2. Managing Significance in Decision-Taking in the Historic Environment 3. The Setting of Heritage Assets

3.14 Determining Importance and Significance The Importance of Buildings is considered with reference to the 2010 DCMS Circular - Principles of Selection for Listing Buildings. This document remains in force and was not superseded by the Framework. The Historic England Designation Guides follow these guidelines and thus the importance of buildings is determined by Para 9 which states:

“The Secretary of State uses the following criteria when assessing whether a building is of special interest and therefore should be added to the statutory list:

6 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham • Architectural Interest. To be of special architectural interest a building must be of importance in its architectural design, decoration or craftsmanship; special interest may also apply to nationally important examples of particular building types and techniques (e.g. buildings displaying technological innovation or virtuosity) and significant plan forms;

• Historic Interest. To be of special historic interest a building must illustrate important aspects of the nation’s social, economic, cultural, or military history and/or have close historical associations with nationally important people. There should normally be some quality of interest in the physical fabric of the building itself to justify the statutory protection afforded by listing.”

The Framework defines Significance as follows:

Significance (for heritage policy): The value of a heritage asset to this and future generations because of its heritage interest. That interest may be archaeological, architectural, artistic or historic. Significance derives not only from a heritage asset’s physical presence, but also from its setting.

The Planning Practice Guide states: Significance in terms of heritage policy is defined in the Glossary of the National Planning Policy Framework. (https://www.gov.uk/guidance/national-planning- policy-framework/annex-2-glossary)

In legislation and designation criteria, the terms ‘special architectural or historic interest’ of a listed building and the ‘national importance’ of a scheduled monument are used to describe all or part of the identified heritage asset’s significance. Some of the more recent designation records are more helpful as they contain a fuller, although not exhaustive, explanation of the significance of the asset. (Conserving and enhancing the historic environment - GOV.UK Page 3 of 24) In considering the importance or significance of a building this is the starting point, not that set out in the English Heritage Document 2008 Conservation Principles, Policies and Guidance For the Sustainable Management of The Historic Environment or more recent English Heritage or Historic England Documents.

The Historic England (2016) Document “Managing Significance in Decision Taking in the Historic Environment” contains the following important statement in paragraph 13:

The reason why society places a value on heritage assets beyond their mere utility has been explored at a more philosophical level by English Heritage in Conservation Principles (2008). Conservation Principles identifies four types of heritage value that an asset may hold: • aesthetic, • communal, • historic • and evidential value.

This is simply another way of analysing its significance. Heritage values can help in deciding the most efficient and effective way of managing the heritage asset so as to sustain its overall value to society.

This is clear statement that Significance in the framework has a different meaning to Significance in English Heritage and Historic England document. Indeed the organisation Civic Voice in 2010 commented:

7 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

Use of English Heritage Conservation principles 6. We do not find it helpful that the draft guidance relates more to English Heritage’s own conservation principles than the Government’s spatial planning policy and urge much closer consideration of PPS1 and PPS5 in particular. We do not find the conservation principles helpful outside a small group of conservation experts

7. The conservation principles would need substantial rewriting into a more suitable language and approach if they are to integrate well with spatial planning – moving beyond being an almost academic discussion of conservation to become a practical tool for development management, place making and policy development. http://www.civicvoice.org.uk/uploads/files/Setting_of_heritage_assets_- _Civic_Voice_response_to_English_Heritage_-_October_2010.pdf

“Managing Significance in Decision Taking” 2016 goes onto to say:

What do we mean by 'significance' and 'heritage values'? The idea of 'significance' lies at the core of these principles. Significance is a collective term for the sum of all the heritage values attached to a place, be it a building an archaeological site or a larger historic area such as a whole village or landscape.

'Conservation Principles' sets out a method for thinking systematically and consistently about the heritage values that can be ascribed to a place. People value historic places in many different ways; 'Conservation Principles' shows how they can be grouped into four categories:

Evidential value: the potential of a place to yield evidence about past human activity. Historical value: the ways in which past people, events and aspects of life can be connected through a place to the present - it tends to be illustrative or associative. Aesthetic value: the ways in which people draw sensory and intellectual stimulation from a place. Communal value: the meanings of a place for the people who relate to it, or for whom it figures in their collective experience or memory.

https://www.historicengland.org.uk/advice/constructive-conservation/conservation- principles

3.15 The Degree of Harm The framework established three degrees of harm: 1. Substantial Harm 2. Less than substantial harm 3. No Harm

The Framework, however, does not fully define what the criteria for each of these categories are. In paragraph 133 a distinction is made between “total loss of significance” and “substantial harm” to the significance.

Paragraph 132 states that:

8 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.

Paragraph 133 states that: 133. Where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset, local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply:

Paragraph 134 states that: Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.

The DCMS 2014 document Planning Practice Guidance states:

Whether a proposal causes substantial harm will be a judgment for the decision taker, having regard to the circumstances of the case and the policy in the National Planning Policy Framework. In general terms, substantial harm is a high test, so it may not arise in many cases. For example, in determining whether works to a listed building constitute substantial harm, an important consideration would be whether the adverse impact seriously affects a key element of its special architectural or historic interest. It is the degree of harm to the asset’s significance rather than the scale of the development that is to be assessed. The harm may arise from works to the asset or from development within its setting.

While the impact of total destruction is obvious, partial destruction is likely to have a considerable impact but, depending on the circumstances, it may still be less than substantial harm or conceivably not harmful at all, for example, when removing later inappropriate additions to historic buildings which harm their significance. Similarly, works that are moderate or minor in scale are likely to cause less than substantial harm or no harm at all. However, even minor works have the potential to cause substantial harm.

This is to be compared with the statement in the Historic England 2016 document paragraph 27 which states that:

“Substantial harm is a high test which may not arise in many cases. In those cases where harm or loss is considered likely to be substantial (NPPF, Paragraph 132 & PPG 01-7), then the LPA will need to consider the relevant NPPF tests.”

Clearly “total loss” means the total physical destruction. This is made clear in the document Historic England 2017 “Removing a Building from the List” which states

Extra care is needed with fire-damaged buildings. Experience shows that special interest may remain even when considerable damage has been done to the fabric, both by fire and by the use of water to put the fire out.

In contrast paragraph 52 states: Opportunities to enhance assets, their settings and local distinctiveness 9 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

52 Sustainable development can involve seeking positive improvements in the quality of the historic environment. There will not always be opportunities to enhance the significance or improve a heritage asset but the larger the asset the more likely there will be. Most conservation areas, for example, will have sites within them that could add to the character and value of the area through development, while listed buildings may often have extensions or other alterations that have a negative impact on the significance. Similarly, the setting of all heritage assets will frequently have elements that detract from the significance of the asset or hamper its appreciation.

Thus a fourth degree of “harm” is introduced that is enhancement.

The framework makes it clear that harm to a Heritage Asset can be overcome by Public Benefits including the Long Term Preservation of the Building or Implementing the Optimum Viable Use of a Building compatible with the building’s conservation.

In fact, in the case of buildings, the situation is far more complex when other aspects of Legislation are taken into account. In particular account has to be taken of whether the harm is necessary for reasons of: 1. Health and Safety 2. To ensure the preservation and survival of the building

There are thus seven types of harm: 1. Total Loss 2. Substantial Harm 3. Less than Substantial Harm 4. Harm 5. Non Harmful but requiring listed building consent 6. Non Harmful ie things which do not need listed building consent. 7. Positive

Substantial Harm has to be 1. Things which mean that the heritage asset would no longer merit the designation ie replacing all the historic fabric 2. Things that make the asset unrecognisable.

Substantial Harm can be: 1. The cumulative effect of many minor harmful actions.

Substantial Harm is not: 1. Things that English Heritage suggest can be done to buildings in their policy documents, for example extending a building or sub-dividing a building 2. Something that most authorities allow.

The Harm has to be weighed against:

● the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; ● the wider social, cultural, economic and environmental benefits that conservation of the historic environment can bring; (paragraph 126)

The following is justification for substantial harm (Paragraph 133): 10 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham • the nature of the heritage asset prevents all reasonable uses of the site; and • no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; and • conservation by grant-funding or some form of charitable or public ownership is demonstrably not possible; and • the harm or loss is outweighed by the benefit of bringing the site back into use.

3.16 Public and Heritage Benefits and Harm justified by Other Non Public Benefits The framework makes it clear that substantial and less than substantial harm can be outweighed by other Public Benefits. Consideration has to be given to if and when other factors mean that this planning balance does not have to be considered. It is also accepted that if it can be demonstrated that there is “no harm” then no justification is necessary.

3.17 Heritage Benefits The National Planning Policy Framework suggests that there must be “public benefit” to justify less than substantial harm to a heritage asset and that this can include securing its optimum viable use.

In addition the PPS 5 Practice Guide paragraph 37 lists other public (Heritage) benefits as follows:

1. The social value of heritage assets to the community. 2. The potential for heritage-led regeneration. 3. The wider public benefits of the conservation of historic landscapes, parks and gardens. For example, in providing opportunities for recreation, the preservation of natural habitats and improved environmental quality. 4. The potential for heritage assets to improve quality of life and sense of place. 5. Creating opportunities for the optimum viable re-use of heritage assets at risk. 6. The role of traditional building materials and patterns of land use in local distinctiveness. 7. How heritage assets contribute to the attractiveness of streets and public spaces and how this contribution might be enhanced by, for example, reducing street clutter. 8. How to increase accessibility to and participation in the historic environment. 9. The economic potential of heritage assets. 10. The possible impacts of heritage tourism on the historic environment and wider community. 11. Opportunities to increase housing supply or meet other priorities by re-using and adapting heritage assets. 12. Ways that new development might complement and enhance existing settlements and heritage assets.

Further relevant paragraphs of the Practice Guide state: 78. Local authorities are advised to take into account the likely longevity of any public benefits claimed for a proposed scheme. Speculative, ill-conceived or short- term projects will not compare so favourably when considering an irreversible harm to the significance of a heritage asset.

79. There are a number of potential heritage benefits that could weigh in favour of a proposed scheme:

11 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham • It sustains or enhances the significance of a heritage asset and the contribution of its setting. • It reduces or removes risks to a heritage asset. • It secures the optimum viable use of a heritage asset in support of its long term conservation. • It makes a positive contribution to economic vitality and sustainable communities. • It is an appropriate design for its context and makes a positive contribution to the appearance, character, quality and local distinctiveness of the historic environment. • It better reveals the significance of a heritage asset and therefore enhances our enjoyment of it and the sense of place.

3.18 Public Benefits 87. Where a proposal causes minor harm there will still be a loss of value to society caused by that harm. This is a loss of public benefit that needs to be weighed against any other public benefits the proposal will bring, including, possibly, the conservation benefit of the proposal being part of realising the optimal viable use of the asset. Flexibility and imagination in the design process is crucial to minimising conflict. Some works may seem individually to be of little importance but can cumulatively be destructive of a heritage asset’s significance.

93. Keeping land in active use is a public benefit. It will be very rare that a decision has to be made between keeping a designated heritage asset and returning the site to active use but in such cases a balance still has to be struck between the loss to society of the significance of the designated asset and the benefits of returning the site to use. Loss of the highest graded assets will only be on wholly exceptional grounds.

In addition the English Heritage website states: (http://www.english- heritage.org.uk/professional/advice/hpg/decisionmaking/NPPF/ (10/10/2012))

Public benefits in this sense will most likely be the fulfilment of one or more of the objectives of sustainable development as set out in the NPPF, provided the benefits will endure for the wider community and not just for private individuals or corporations. It is very important to consider if conflict between the provision of such public benefits and heritage conservation is necessary.

The NPPF seeks economic, social and environmental (including historic environmental) gains jointly and simultaneously. The planning system should actively guide development to sustainable solutions. Pursuing sustainable development involves seeking positive improvement in the quality of the built environment. Substantial harm or loss should be refused unless it is demonstrated that it is necessary to deliver substantial public benefits that outweigh that harm (paragraphs 8, 9 and 133). The public benefits may be achieved with less or no harm by alternative design or location.

Sometimes harm is necessary to enable change of use of the asset to its optimum viable use. The optimum viable use is either the sole viable use of the asset or, if there is more than one viable use, the use most consistent with its ongoing conservation. Enabling such a change of use can be a public benefit that outweighs the harm done.

12 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham 4. Setting

4.1 Legislative Background

The Planning (Listed Buildings and Conservation Areas) 1990 Act states:

16 (2)In considering whether to grant listed building consent for any works the local planning authority or the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

66.—(1) In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

However, the Act is silent on what the definition of setting actually is and thus precisely what is being referred to and thus protected.

It is noted that Conservation Areas are not similarly protected

4.2 Definition of Setting PPS 5 defined “setting” for the first time and The National Planning Policy Framework adopted this definition intact.

Setting of a heritage asset: The surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral.

It is noted that setting is not just a matter of views.

The following statements in the National Planning Policy Statement are relevant: 128. In determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting.

132. When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting.

137. Local planning authorities should look for opportunities for new development within Conservation Areas and World Heritage Sites and within the setting of heritage assets to enhance or better reveal their significance. Proposals that preserve those elements of the setting that make a positive contribution to or better reveal the significance of the asset should be treated favourably.

The PPS 5 Practice Guide paragraphs 113-114 added these key points which have been carried over into the framework:

13 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham 1. Setting is not just a matter of views 2. The contribution a setting makes does not depend on public access 3. All heritage assets have a setting.

However this statement contradicts a court judgement on the definition of setting: “in that setting is a visual concept” paragraph 98 R. (on the application of K. Miller) v. North Yorkshire County Council [2009] EWHC 2172 (Admin).

4.3 Historic England The Setting of Heritage Assets 2015 Historic England 2016 produced the following document:

Historic England, 2015, The Setting of Heritage Assets Historic Environment Good Practice Advice in Planning 3

This replaced two English Heritage documents which are:

History in The View: A method for assessing heritage significance within views (Written 2008 Published 2011).

The Setting of Heritage Assets: English Heritage Guidance (2011).

The principal difference is that it notes a number of different methods of analysis are suitable as opposed to just those set out in the previous advice. In particular the most recent advice advocates the uses of Geographic Information Services to analyse setting.

Therefore the methods outlined in History in the View and The Settings of Heritage Assets are still applicable.

4.4 History in The View 2011 Methodology English Heritage published “History in The View: A method for assessing heritage significance within views” (Written 2008 Published 2011). This document is largely concerned with considering the visual impacts from formal viewpoints, rather than assessing the impact on setting, which encompasses other matters and the view from a heritage asset.

It also considers the impact on established viewpoints which are designated as such in the London Development Framework. Indeed their worked example would be classed as “iconic” in the above grading. The method for Part 1 of the assessment has been tested on the Townscape View from City Hall to the Tower of London (designated view 25 in the LVMF 2007). This worked example was chosen because it is a designated view in the London Plan, it has particular heritage significance associated with it, and is a view of a World Heritage Site that is currently subject to change.

They suggest the following methodology: 1. Baseline Analysis which locates viewpoints and what heritage assets are within them 2. Assessment of the significance of the heritage assets within the setting 3. Assessment of the impact of the development proposal.

14 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

4.5 The Setting of Historic Assets 2011 Methodology In October 2011 English Heritage published the document “The Setting of Heritage Assets”. This detailed their views as set out in the PPS 5 Good Practice Guide. In particular they give a methodology for assessing the implications of development proposals. They suggest the following process:

• Step 1: identify which heritage assets and their settings are affected; • Step 2: assess whether, how and to what degree these settings make a contribution to the significance of the heritage asset(s); • Step 3: assess the effects of the proposed development, whether beneficial or harmful, on that significance; • Step 4: explore the way of maximising the benefits

In addition they state the key principles which include

The design of a development affecting the setting of a heritage asset may play an important part in determining its impact. The contribution of setting to the historic significance of an asset can be sustained or enhanced if new buildings are carefully designed to respect their setting by virtue of their scale, proportion, height, massing, alignment and use of materials. This does not mean that new buildings have to copy their older neighbours in detail, but rather that they should together form a harmonious group. (121)

• A proper assessment of the impact on setting will take into account, and be proportionate to, the significance of the asset and the degree to which proposed changes enhance or detract from that significance and the ability to appreciate it. (122)

Part of the 2011 Methodology was a check list of factors which may be relevant to consideration of setting. They however noted that what was key was a statement of what is important and why.

4.6 2015 Historic England The Setting of Heritage Assets 2015 Methodology

This adopted the methods outlined in the 2011 documents but added a step 5 “make and document the decision and monitor outcomes”. The 2015 documents also adopted the check list of the 2011 document. (Appended)

4.7 The Contribution Setting Makes to the Significance of a Heritage Asset The NPPG definition Significance (for heritage policy) is: The value of a heritage asset to this and future generations because of its heritage interest. That interest may be archaeological, architectural, artistic or historic. Significance derives not only from a heritage asset’s physical presence, but also from its setting.

Historic England qualify this in GPA2 para 4. When they say ”The first step for all applicants is to understand the significance of any affected heritage asset and, if relevant, the contribution of its setting to its significance. The significance of a heritage asset is the sum of its archaeological, architectural, historic, and artistic interest.”

15 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

Listed Buildings have to be special and Ancient Monuments have to be Nationally Important before they are designated.

Setting is not a factor in assessing the criteria for scheduling for example the criteria for scheduling has been tested by the Courts – Ex parte v Rose Theatre Trust.

The DCMS 2010 document Principles of Selection for Listing Buildings states the statutory criteria for listing as being:

The statutory criteria for listing are the special architectural or historic interest of a building. Many buildings are interesting architecturally or historically, but, in order to be listed, a building must have “special” interest.

The general principles outlined below take precedence over the Selection Guides, which are published as supplementary information.

When making a listing decision, the Secretary of State may take into account the extent to which the exterior contributes to the architectural or historic interest of any group of buildings of which it forms part. This is generally known as group value. The Secretary of State will take this into account particularly where buildings comprise an important architectural or historic unity or a fine example of planning (e.g. squares, terraces or model villages) or where there is a historical functional relationship between a group of buildings.

This document sets out the core criteria for listing as follows: 1. Age and Rarity 2. Aesthetic 3. Selectivity 4. National Interest

Thus setting is not one of the core factors for designating a building and is rarely mentioned in the designation guides. In contrast group value and associations are key factors and often in such cases setting and group value are in effect the same thing. For example consider Newton Park, Newton St Loe, Bath BA2 9BN (see the Photograph on the Front Cover of Historic England Good Practice Advice (GPA3)). Here there are a number of Heritage Assets: 1. Historic Park (Designated II*) 2. Lodges to the Park 3. Georgian Mansion Grade I 4. Stable Block Grade II* 5. Dairy & Laundry Grade II 6. Gate House 7. Castle Keep/Fortified Manor 8. Garden Walls Grade II* 9. Wansdyke (Prehistoric Scheduled Monument) 10. Medieval Fish Ponds

The totality of the association of these heritage assets forms the “setting” of each individual asset and gives an added significance to each individual asset because they show the evolution of housing for the well to do from: 1. Castle to 2. Fortified Manor then 16 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham 3. Mansion

In the case of a specialised industry such as pottery or jewellery a clear criteria for listing is the fact that the building is located in one of those specialist areas (See Industrial Buildings Designation Guide).

It is thus in general difficult to reconcile the Framework with the statutory and established criteria for listing in any event.

4.8 Setting and the Significance of Heritage Assets Historic England go on to say Setting is not a heritage asset, nor a heritage designation, though land within a setting may itself be designated (see Designed settings below). Its importance lies in what it contributes to the significance of the heritage asset. This depends on a wide range of physical elements within, as well as perceptual and associational attributes pertaining to, the heritage asset’s surroundings. The following paragraphs examine some more general considerations relating to setting and significance.

This document stated the key circumstances for setting which are as follows:

Views which contribute more to understanding the significance of a heritage asset include: those where relationships between the asset and other historic assets or places or natural features are particularly relevant those with historical associations, including viewing points and the topography of battlefields those where the composition within the view was a fundamental aspect of the design or function of the heritage asset, and those between heritage assets and natural or topographic features, or phenomena such as solar and lunar events

7 Assets, whether contemporaneous or otherwise, which were intended to be seen from one another for aesthetic, functional, ceremonial or religious reasons include: military and defensive sites telegraphs or beacons prehistoric funerary and ceremonial sites historic parks and gardens with deliberate links to other designed landscapes, and remote ‘eye-catching’ features or ‘borrowed’ landmarks beyond the park boundary

4.9 Other Factors PPS 5 Introduced the concept that setting is not just a matter of views and noted that things such as: 1. Noise 2. Smell 3. Dust 4. Movement are factors to be taken into account.

17 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham In addition in 2009 a judgement on the definition of setting concluded that: “in that setting is a visual concept” paragraph 98 R. (on the application of K. Miller) v. North Yorkshire County Council [2009] EWHC 2172 (Admin).

It is thus suggested that this judgement can only be overturned by a change in the law not Government or English Heritage Policy.

The Historic England 2015 document added other factors which includes for example soil chemistry and hydrology. In addition they have included a number of subjective adjectives - the “sense of” 1. Tranquillity, 2. Remoteness, 3. ‘Wildness’ 4. Sense of enclosure, 5. Seclusion, 6. Intimacy or privacy

4.10 Setting Check List The Historic England check lists are as follow:

The Asset’s Physical Surrounding a. Topography b. Other heritage assets (including buildings, structures, landscapes, areas or archaeological remains) c. Definition, scale and ‘grain’ of surrounding streetscape, landscape and spaces d. Formal design e. Historic materials and surfaces f. Land use g. Green space, trees and vegetation h. Openness, enclosure and boundaries i. Functional relationships and communications j. History and degree of change over time k. Integrity l. Issues such as soil chemistry and hydrology

Experience of the Asset a. Surrounding landscape or townscape character b. Views from, towards, through, across and including the asset c. Visual dominance, prominence or role as focal point d. Intentional intervisibility with other historic and natural features e. Noise, vibration and other pollutants or nuisances f. Tranquillity, remoteness, ‘wildness’ g. Sense of enclosure, seclusion, intimacy or privacy h. Dynamism and activity i. Accessibility, permeability and patterns of movement j. Degree of interpretation or promotion to the public k. The rarity of comparable survivals of setting

The Asset’s Associative Attributes a. Associative relationships between heritage assets b. Cultural associations c. Celebrated artistic representations and Traditions

18 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham

Location and Siting of Development a. Proximity to asset b. Extent c. Position in relation to landform d. Degree to which location will physically or visually isolate asset e. Position in relation to key views

The Form and Appearance of the Development a. Prominence, dominance, or conspicuousness b. Competition with or distraction from the asset c. Dimensions, scale and massing d. Proportions e. Visual permeability (extent to which it can be seen through) f. Materials (texture, colour, reflectiveness, etc) g. Architectural style or design h. Introduction of movement or activity i. Diurnal or seasonal change

Other Effects of the Development a. Change to built surroundings and spaces b. Change to skyline c. Noise, odour, vibration, dust, etc d. Lighting effects and ‘light spill’ e. Change to general character (eg Suburbanising or industrialising) f. Changes to public access, use or amenity g. Changes to land use, land cover, tree cover h. Changes to archaeological context, soil chemistry, or hydrology i. Changes to communications/accessibility/permeability

Permanence of the Development 1. Anticipated lifetime/temporariness 2. Recurrence 3. Reversibility

Longer Term or Consequential Effects of the Development a. Changes to ownership arrangements b. Economic and social viability c. Communal use and social viability

Enhancement may be achieved by Actions including: a. removing or re-modelling an intrusive building or feature; b. replacement of a detrimental feature by a new and more harmonious one; c. restoring or revealing a lost historic feature; d. introducing a wholly new feature that adds to the public appreciation of the asset; e. introducing new views (including glimpses or better framed views) that add to the public experience of the asset; or f. improving public access to, or interpretation of, the asset including its setting.

19 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham 4.11 Case Law Of importance is a (2011) judicial review and subsequent appeal of a planning application where the setting of a heritage asset, Hampton Court, was a key issue. The relevant cases are:

Garner v Elmbridge Borough Council, Neutral Citation Number: [2011] EWHC 86 (Admin) Case No: CO/10474/2009

Garner vs. Elmbridge: decision by Mr Justice Ouseley

This case is now authority for the position that if a scheme is neutral with regard to a listed building it does not harm it. The test is somewhat similar to development in conservation areas: if it does not harm then it preserves or enhances the conservation area.

In addition as this was a borderline case it also coincidentally defines the standard of tree screening needed for the impact to be considered neutral.

Plate 6 The view from Hampton Court Station towards Hampton Court

In the above photograph the Hampton Court Station is just visible through the trees that are present – that is the tree screen does not have to block out the view of something entirely.

In addition in 2009 a judgement on the definition of setting concluded that: “in that setting is a visual concept” paragraph 98 R. (on the application of K. Miller) v. North Yorkshire County Council [2009] EWHC 2172 (Admin).

It is thus suggested that this judgement can only be overturned by a change in the law not Government or English Heritage Policy.

20 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square Digbeth Birmingham 4.12 English Heritage Policy on Screening

The Setting of Heritage Assets states on page 22: Options for reducing the harm arising from development may include the relocation of a development or its elements, changes to its design, the creation of effective long-term visual or acoustic screening, or management measures secured by planning conditions or legal agreements.

Where attributes of a development affecting setting may cause some harm to significance and cannot be adjusted, screening may have a part to play in reducing harm. As screening can only mitigate negative impacts, rather than removing impacts or providing enhancement, it ought never to be regarded as a substitute for well-designed developments within the setting of heritage assets. Screening may have as intrusive an effect on the setting as the development it seeks to mitigate, so where it is necessary, it too merits careful design. This should take account of local landscape character and seasonal and diurnal effects, such as changes to foliage and lighting. The permanence or longevity of screening in relation to the effect on the setting also requires consideration. Ephemeral features, such as hoardings, may be removed or changed during the duration of the development, as may woodland or hedgerows, unless they enjoy statutory protection. Management measures secured by legal agreements may be helpful in securing the long-term effect of screening

5. Historic England Policy on Tall Buildings The Historic England 2015 document “Tall Buildings Historic England Advice Note 4” sets out their views on Tall Buildings. They note that Tall Buildings require detailed scrutiny because of their visibility over a wide area. In particular they suggest that a Heritage Statement is required. They emphasise the impact Tall Buildings can have on the setting of Heritage Assets.

However they note the fact that Tall Buildings are often landmarks and examples of outstanding architecture. They note that many tall post-war offices are listed.

6. Historic Background At the time of Domesday Birmingham itself was a small hamlet of 4 hides with 2 slaves, 5 villagers and 2 smallholders. In 1166 the Lord of the Manor – Peter de Bermingham obtained a charter to create a market near his Castle and a planned Market Town around the area which became the Bull Ring. To the South this was bounded by an area of marshy ground which was the flood plain of the river Rea. Rapid expansion followed so that it was the third largest town in Warwickshire by 1327.

The routeway from the South into Birmingham followed the Digbeth/Deritend High Street with a bridge crossing the river Rea, which was one of the only crossings of the river Rea in the area. Digbeth is originally the name of a road which linked Birmingham to towns to the east – Coventry, Stratford and Warwick, amongst others. The bridge at Digbeth, to the North of the site, was an important crossing point of the River Rea for those entering or leaving Birmingham. The original bridge is considered to be of Medieval date and at one point it was connected to a causeway to enable better access to the Bull Ring market in Birmingham itself.

21 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth By the end of the medieval period Digbeth and Deritend were suburbs of Birmingham which included sites of pottery manufacture (giving rise to Deritend Ware) and leather tanning.

In the mid-16th century the antiquarian and traveller John Leland described Deritend High Street as a “pretty strete, in which dwelle smithes and cuttlers” (Leland 1540). The timber framed Old Crown Inn, probably dating to the early sixteenth century, still stands on the north side of High Street, and another timber framed inn, now in Cannon Hill Park, The Golden Lion, stood on the south side.

In 1643, the Battle of Birmingham, part of the Civil War, was fought up into the town through Digbeth.

From the 17th century onwards the area was further settled and industrialised, not least due to the ready supply of water.

As Birmingham grew during the eighteenth century Deritend became subsumed within the town. The cutting of Bradford Street in the later eighteenth century led to infilling, mainly with housing and small-scale industrial buildings, of the land between it and High Street, Deritend by the end of the century. The increasing industrialisation of Birmingham from the late eighteenth century and throughout the nineteenth century turned Deritend into an essentially industrial suburb. There was increasingly dense industrial building in the backplots of Deritend in the early to mid-nineteenth century and the consolidation of smaller industrial holdings into large factories in the latter half of the nineteenth century and into the twentieth century.

Building in the areas immediately around the River Rea was facilitated in the 1850s by culverting the river and by the raising of surrounding areas using imported materials. The River Rea was straightened in the late eighteenth century. It continued to flow erratically in the early nineteenth century and was a flooding risk. It became increasingly polluted by industry and sewage, and the old river channel was described as being a 'sewage lake' (Bunce 1878, 324). This led to the culverting works in the 1850s.

Digbeth was accessed by the Grand Union Canal and the Digbeth Branch Canal in the 18th and early 19th centuries. Railways also arrived in Digbeth in the 19th century, with the volume of manufacturing in the area making it of national importance. Workers and factory owners also lived in the area.

22 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 4: Digbeth Bridge, 1732 (Harris)

In the above engraving, the development area is located on the far side of the bridge. The area is occupied by the pool in the river and part of the open field behind.

Deritend remained largely industrial into the late 20th century and was home to some very large firms, such as Birds Custard. The area suffered in the Second World War and some bomb damaged buildings were never re-built. The recession of the 1970s and early 1980s led to the disuse and dereliction of many industrial properties in Deritend. Some industry continues in Deritend but the majority of the former industrial properties have been demolished with new service sector or retail properties constructed on their sites.

23 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

7. Conservation Area

7.1 Extent of The Conservation Area The development area is located just outside the Digbeth, Deritend and Bordesley High Streets The Boundary follows the Digbeth High Street, Deritend. The application area is located in the High St Corridor Character Area.

The North side of the High Street is characterised by historic buildings, many are listed and locally listed; while the south side consists of recent buildings none of which are listed.

The extent of the Conservation Area is shown in the following figure.

7.2 Conservation Area Appraisal A Conservation Area appraisal has been prepared and is published as the following document: Birmingham City Council, 2009, Digbeth, Deritend and Bordesley High Streets Conservation Area Character Appraisal and Supplementary Planning Policies

1.The High Street Corridor The built fabric along the High Street corridor dates mostly from the mid- nineteenth to the early twentieth century and is more varied in type than elsewhere in the conservation area. It includes, for example, retail shops, banks, warehouses, manufactories, and civic and religious institutions. Architectural variety adds interest to the street scene and the fine roofscape provides a cohesive townscape element. Traditional buildings range in height from three to five storeys and the human scale is augmented by active street level frontages.

Characteristic plot sizes vary from relatively narrow burgage and other early holdings to larger sites formed by plot amalgamation in the late nineteenth and early twentieth centuries. With the exception of Heath Mill Lane the streets on the north side of the High Street corridor were cut through early frontage plots. This is particularly obvious in the lines followed by Meriden and Milk Streets, both brought down to join Digbeth from the land behind. The rear boundary of the building plots on Bordesley High Street is closely defined by the impressive bulk of Bordesley Viaduct. From there its course veers northward and the railway’s presence as seen from High Street Deritend and Digbeth gradually decreases.

The ancient route followed by Digbeth and the High Streets curves gently down the Rea Valley from Park Street to the river at Floodgate Street, then winds more steeply through Deritend before climbing up Bordesley High Street to the conservation area boundary on the Coventry Road. This topography allows fine westerly views. The wide view from High Street Bordesley towards the city centre with High Street Deritend in the foreground is the most important in the conservation area. Enclosure is dissipated through the post war widening of Digbeth and the High Streets and the loss of the earlier fabric on their southern sides.

The timber-framed Old Crown public house on Deritend High Street provides a landmark of considerable visual and historical significance and is a key feature of the conservation area. The former Digbeth Cold Stores and Digbeth Police

24 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth Station, with its corner tower, both on Digbeth, and the principal building of the former Devonshire Works, Devonshire House, on High Street Deritend, cranked to follow the street frontage, are important landmark buildings. On High Street Bordesley the Rainbow public house on the corner with Adderley Street and the former Birmingham District and Counties Bank at 123 are significant representatives of the traditional character and quality of the conservation area. The campanile of the former St Edmund’s Home for Working Boys, the chimney stack of the former Devonshire Works, both on High Street Deritend, and the pyramidal roof of the former Bonser’s Iron Warehouse on Digbeth provide prominent landmarks.

On Park Street redevelopment associated with the Bullring shopping centre has introduced contemporary buildings which step up in scale to six storeys. At high level a suspended bridge connects the car parking on the east side of the street with Selfridge’s department store opposite. The bridge carrying Moor Street Station closes views north and south along the street and the covered platforms are prominent as the land rises to the west. The station wall creates a robust boundary on the north side of the new length of Moor Street. The architectural character and traditional scale of the station buildings provide a vivid contrast to the shopping mall development beyond the conservation area boundary to the south and west.

7.3 The Special Character of the Conservation Area The Conservation Area Appraisal sets out the Character of the Conservation Area. The key points are: • Variable functions of buildings • Variable Architectural Styles of buildings • Variable Scale and Height of buildings This is a reflection of the fact that Digbeth/Deritend High Street is an arterial road in an industrial area that has developed since the Medieval Period.

The conservation area lies within the inner city. On the northern boundary Warwick Bar Conservation Area is similar in character and the two areas flow one into the other. On the west, the conservation area boundary is defined by wide roadways and the traditional scale of development in the area is set against the metropolitan scale of the city centre.

25 Historic Environment Consultancy 38 Elvendon Rd Goring Oxon RG8 0DU, T01491 875584 E:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth

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26 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU 01491 875584 [email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

7.4 The Setting of The High Street Digbeth High Street/Deritend High Street is one of the few medieval route ways into the historic centre of Birmingham which is preserved and has Medieval and Post Medieval Buildings present as well as the course of the river Rea. In addition there are a number of listed Victorian Buildings. There are also views of more recent landmarks such as the Rotunda. However there are gap sites, dereliction and other recent unattractive buildings.

The High Street forms the edge of the Conservation Area with the Northern side consisting of a mix of historic and recent buildings while the south is characterised by utilitarian buildings, gap sites and little of historic interest.

The application area is one such gap site.

Plate 7 Looking East from the junction with Chapel House St

27 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU 01491 875584 [email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Plate 8 Looking West from the junction with Chapel House St

Plate 9 High St Looking East

28 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Plate 10 High St Looking West

Plate 11 High St Looking West

29 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 8. Conservation Area Designated Views The Conservation Area Appraisal Map 3 identifies Vistas and Views as well as Key Landmarks and Local Landmarks. The following plan shows these with the application area redlined:

Figure 6 Views identified in the Conservation Area Appraisal Key is as follows: Double arrow Vista Arrow – Significant View Star - Key Landmark

30 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 8.1 The High Street Vista The CAP comments on these views:

There is a good view south through the arch towards the Old Crown public house on High Street Deritend. At the south end of the street there is an important view to the east along the viaduct to the campanile of the former St Edmund’s Home for Working Boys (175 High Street Deritend); from the north end the blue painted Custard Factory studios are clearly visible above the railway.

Plate 12 Conservation Area Appraisal Vista looking West

Plate 13 Conservation Area Appraisal Vista looking East

31 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 8.2 Designated View South End of Floodgate Street The view to the North East along Floodgate Street is identified as a key view in the Conservation Area Appraisal. The view to the south east (the application area) is a gap site and it is outside of the Conservation area.

The proposal will create a vista following the course of the River Rea. This is regarded as a strong conservation positive.

Plate 14 Looking North West along Floodgate Street

Plate 15 Looking from Floodgate Street towards the Application Area

32 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 7 Visibility Analysis Floodgate Street View Point as existing

33 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 8 Floodgate Street View Point Visibility Analysis of the approved scheme

34 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 9 Floodgate Street View Point Visibility Analysis of the proposed scheme

35 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

8.3 Designated View North End of Floodgate The view from the north east end of Floodgate Street towards the High Street is highlighted in the Conservation Area Appraisal. The development area is not visible at present in this view.

Plate 16 North End of Floodgate Street looking South

36 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 10 Visibility Analysis Designated View North-East of Floodgate Street, as existing

37 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 11 Visibility Analysis Designated View North-East of Floodgate Street, as approved 38 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 12 Visibility Analysis Designated View North-East of Floodgate Street, as approved

The Visibility Analysis suggests the main block of the proposed scheme will be visible from this view point.

39 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 8.4 Designated View High St East The application area is not currently visible from this view point. Some of the proposed development will become visible.

Plate 17 Looking towards the Application Area from High Street View Point

Figure 13 Visibility Analysis High Street View Point as Existing

40 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 14 Visibility Analysis High Street View Point as Approved

Figure 15 Visibility Analysis High Street View Point as Proposed

41 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 8.5 High Street Eastern most View Point It will be possible to see the southern part of the development area from this view point. However this differs little from the previously approved scheme.

Plate 18 Looking towards the Application Area

Figure 16 Visibility Analysis High Street East as existing 42 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 17 Visibility Analysis High Street East as Approved

43 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 18 Visibility Analysis High Street East as Proposed

44 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

9. The White Swan

9.1 Location Distance to Connaught Square minimum 3 m Distance to Connaught Square maximum 187 m Direction Adjacent Grid Reference 407820 286203

The location of the building and the proposed building is shown in the following plan.

Figure 19 The location of White Swan Bradford Street in relation to Connaught Square

45 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 9.2 The Building

Plate 19 The White Swan South West Elevation

Plate 20 The White Swan South East Elevation

46 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Plate 21 The White Swan South East Elevation

Plate 22 The White Swan South East Elevation

47 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 9.3 The Listed Building Description BIRMINGHAM BRADFORD STREET SP 08 NE 7/10007 The White Swan Public House II

Public house. 1899-1900 by James and Lister Lea for Ansells Brewery.

Red brick and terracotta (terracotta probably from Hathern Station. Brick and Terracotta Company of Loughborough). Slate roof with coped gables, terracotta dentilled eaves and pierced ridge tiles. Brick axial and gable end stacks.

Plan: Situated on corner site. Public bar with entrance on Bradford Street and corner; passage to smoke-room at back on left and outdoor and passage to stairs on right in Birchall Street. Jacobean or Flemish style.

Exterior: 2 storeys and attic. 4-bay front to Bradford Street. Bays 2 and 4 Dutch gabled; canted corner with canted terracotta oriel over doorway and 3-bay front to right on Birchall Street, the left bay Dutch gabled, the right plainer lower 2-storey range.

Terracotta ground floor with panelled plinth, the large bar windows and doorways have cable-moulded arrises, the central doorway on Bradford Street has segmental pediment on consoles in the entablature above. Bar windows have leaded panes and stained glass. Recessed wooden canted bays on first floor with pulvinated friezes and ogee lead canopies and simple- light windows between with cornices. The attic windows have cornices and aprons and are in Dutch gables with flanking finials and pendants and aedicules at apex with semi-circular pediments; pedimented dormer between gables on Bradford Street front.

Interior: Good Minton tiled interior with friezes in public bar, passages, stairs and outdoor. Public bar also has tiled ceiling and panelled front to bar counter and pilastered bar back with arched mirrors and balustrade and clock above. Partition in public bar has been removed; but entrance lobby survives; ceiling lined in Lincrusta paper. Passages have engraved glass in doors and- particularly good wall tiling which also lines stair well; the stairs have moulded balustrade and newels. Smoke-room has tiled frieze and small iron chimney piece and grate.

Source: A Crawford, M Dunn and R Thorne. Birmingham Parks 1880-1939.

Listing NGR: SP0782086203

Listing Reference Number 409971 Listing Grade II Conservation Area Not in Conservation Area Use Class Public House Function Public House Historic Function Public House Building Date Period Victorian Century C19 Late Approximate Date 48 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth Precise Date 1899 Architect James & Lister Lea Architectural style Tudorbethan Plan Form Corner Public House Number of Storeys 2 plus attic Materials Brick Dressings Terracotta mouldings Roof Material Slate

9.4 The Importance of the Building The importance of the building lies in its interior which is fairly intact, with Art Nouveau stained glass windows and etched glass lights in the doors. The pub is typical of the Birmingham style of pubs of its time and is considered special in that it is largely unaltered.

The Building is Grade II listed and the Interior is a CAMRA nationally important historic interior.

The importance of the building is summarised in the following table using the DCMS criteria for listing. Criteria Factor Date Other factors have to be considered for Victorian Buildings Rarity of Building Type Public Houses of this date are common Work of prominent Architect James and Lister Lea - known architect. Architectural Interest Architectural Style The archiectural style contributes to the special interest of the building Architectural Design The White Swan is an ornately decorated public house particularly the interior Aesthetic Interest The building is aesthetically pleasing and stands out amongst its modern and derelict surroundings Decoration The ornate terracotta mouldings make this a factor. Craftsmanship/Virtuosity The building does not demonstrate a very high standard of craftsmanship. Innovation This building does not use innovative building techniques or materials. Significant Plan Form The plan form is common to Victorian corner pubs. Historic Interest This building does not illustrate important aspects of the nation’s history. It is not associated with a Nationally Important person.

Group Value There are few nearby historic buildings so there is no group value. Other Factors Example of Regional The building is not an example of a regional industrial Specialism specialism. Contribution of Setting The surrounding buildinghs and derelict land does not add to the importance derived from the setting that is the building would still be listed in any event. Reason Building is Listed The White Swan is a surviving example of an elaborately decorated Victorian public house with an exceptional historic interior.

49 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

9.5 Summary of “Significance HE” The Significance of the Building is summarised below using the criteria outlined in English Heritage 2008 Understanding Heritage Values Conservation Principles Policies and Guidance.

Criteria Factor Evidential The building dates from a period when the physical evidence of the building adds little novel information. Historical Illustrative The building does not illustrate an unusual historic connection. Association The building is not associated with a notable person, family, event, movement or cultural heritage. Aesthetic The building is aesthetically pleasing and stands out amongst its modern and derelict surroundings Design The White Swan is an ornately decorated public house particularly the interior Detailing & Craftsmanship The ornate terracotta mouldings make this a factor.

Architect James and Lister Lea - known architect. Innovation This building does not use innovative building techniques or materials. Communal Urban Public Houses are usually key communal buildings for a locality so there is a high communal value.

9.6 The Setting The Setting Setting Type Compriomsed - derelict & demolished buildings Date of Surrounding Buildings 19thC-Modern Are Other Recent Tall Buildings visible? The Contribution the Setting The surrounding buildinghs and derelict land does makes to the Importance of not add to the importance derived from the setting the Building that is the building would still be listed in any event. The Contribution Setting The surrounding buildings and derelict land do not Makes to the Significance of add to the importance of the building, that is the the Building building would still be listed in any event whatever the setting. The building was constructed as a corner public house and is still located on a corner. The vacant area behind does detract from the building, however the surviving historic industrial buildings do contribute to the significance of the building. Statement of What is The interior is key, not the exterior due to the important & Why interior's intactness and elaborate nature.

50 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Plate 23: The rear of the White Swan from the development area The wall with graffiti is the boundary wall of the pub and also the approximate location of the wall of the closest of the proposed buildings.

The White Swan is a surviving example of an elaborately decorated Victorian public house In fact whatever the setting the building would meet the criteria for listing.

9.7 The Impact on the Setting of the Building Distance 3 m mimimum 187 m maximum Direction to Connaught Adjacent Square What will be visible The southern and eastern parts of the proposed buildings

The Impact on the Setting Positive. The White Swan was intended to be the corner of a block of large buildings. These have now been demolished leaving derelict ground. The proposed development will add modern high quality buildings to the street scene which will remove a detracting gap site and some poor quality modern buildings. It will restore the sense of enclosure at a historic cross roads. Statement of What is The interior is key, not the exterior due to the interior's important and Why intactness and elaborate nature. Is the setting contribution to Importance Unaffected the Importance Harmed Is Significance Harmed? Positive

No Viewshed has been produced for the White Swan owing to its immediate proximity to the development area. There is not enough gap between the existing building and the proposed in this situation to run Viewshed analysis.

51 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 10. The Anchor

10.1 Location Distance to Connaught Square minimum 14 m Distance to Connaught Square maximum 197 m Direction to Connaught Square East Grid Reference 407673 286295

The location of the building and the proposed building is shown in the following plan.

Figure 20: The location of The Anchor Public House Rea Street in relation to Connaught Square

52 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 10.2 The Building

Plate 24: The Anchor, southwest elevation

Plate 25: The Anchor, southeast elevation

53 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Plate 26 The Anchor Public House from the South

Plate 27 The Anchor Public House South East Elevation

54 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 10.3 The Listed Building Description BIRMINGHAM BRADFORD STREET SF 08 NE 7/10004 The Anchor Public House II

Public house. 1901 by James and Lister Lea for Holt Brewery Company.

Red bricked terracotta (terracotta probably from Hathern Station Brick and Terracotta Company of Loughborough). Flat roof concealed behind parapet. Brick end and axial stacks.

Plan: situated on corner site with entrance on corner to central public bar which is partitioned on right with separate entrance; doorways also to left and right to passage, outdoor and smoke room.

Louis XIV style influence.

Exterior: 2 storeys 1:2:2 bay Bradford Street front and 2:1:2:1 Rae Street elevation to right with 1-bay rounded corner. The terracotta ground floor has large bar windows with moulded elliptical arches with raised voussoirs and keystone and leaded panes with stained glass. The round arch doorways have similarly treated arches and fanlights. Entablature above ground floor with moulded cornice and fascia. On first floor the terracotta 2-window bays are pilastered and have raised voussoirs to round arches and friezes above with rabesques and cartouchs. The curved corner window is similarly treated but has flat arch and 1-window bays are plain.

Terracotta moulded cornice and parapet. Plain brick lower 2-storey, 2 bay wing on left.

Interior: Public bar has entrance porch in corner, low panelled screen with Art Nouveau stained glass panels, anaglypta ceiling, pilastered and panelled bar-front and bar-back with engraved mirror glass, pilasters and canopy with wavey fretwork and fluted pilaster drops forming lyre shapes. Hallway has radiator and glazed hatch.

Source: A Crawford, M Dunn and R Thorne. Birmingham Pubs 1880-1939. Listing NGR: SP0767386295

Listing Reference Number 409970 Listing Grade II Conservation Area Not in Conservation Area Use Class Public House Function Public House Historic Function Public House Building Date Period Edwardian Century C20 Early Approximate Date Precise Date 1901 Architect James and Lister Lea Architectural Style Art Nouveau Plan Form 2 Bay Corner Public House plan form Number of Storeys 2 Materials Brick Dressings Terracotta mouldings Roof Material Flat, hidden behind parapet 55 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

10.4 The Importance of the Building The importance of the building lies in its interior which is fairly intact, with Art Nouveau stained glass windows and etched glass lights in the doors. The pub is typical of the Birmingham style of pubs of its time and is considered special in that it is largely unaltered.

The Building is Grade II listed and the Interior is a CAMRA nationally important historic interior.

The importance of the building is summarised in the following table using the DCMS criteria for listing.

Criteria Factor Date Other factors have to be considered for Edwardian Buildings Rarity of Building Type Public Houses of this date are common Work of prominent Architect James and Lister Lea are well known Birmingham Architects who designed many Birmingham Public House Architectural Interest Architectural Style The Art Nouveau style adds to the interest of the building. Architectural Design Design is a significant factor in the special interest of this building because of the decorative elements. Aesthetic Interest The building is aesthetically pleasing, standing out amongst its more industrial surrounding buildings Decoration Ornate Terracotta mouldings - fair interest Craftsmanship/Virtuosity The building does not demonstrate a very high standard of craftsmanship. Innovation This building does not use innovative building techniques or materials. Significant Plan Form Common plan form Historic Interest This building does not illustrate important aspects of the nation’s history. It is not associated with a Nationally Important person.

Group Value There are other contemporary building nearby. This does not add to the interest in the building. Other Factors Noted by CAMRA as having a nationally important interior Example of Regional The building is not an example of a regional industrial Specialism specialism. Contribution of Setting While the surrounding buildings are Victorian the setting does not add to the importance of the building that is the building would still be listed in any event. Reason Building is Listed Good unaltered survival of an Edwardian public house with nationally important interior

56 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 10.5 Summary of “Significance HE” The Significance of the Building is summarised below using the criteria outlined in English Heritage 2008 Understanding Heritage Values Conservation Principles Policies and Guidance.

Criteria Factor Evidential The building dates from a period when the physical evidence of the building adds little novel information. Historical Illustrative The building does not illustrate an unusual historic connection. Association The building is not associated with a notable person, family, event, movement or cultural heritage. Aesthetic The building is aesthetically pleasing, standing out amongst its more industrial surrounding buildings Design Design is a significant factor in the special interest of this building because of the decorative elements. Detailing & Craftsmanship Ornate Terracotta mouldings - fair interest

Architect James and Lister Lea are well known Birmingham Architects who designed many Birmingham Public House Innovation This building does not use innovative building techniques or materials. Communal Urban Public Houses are usually key communal buildings for a locality so there is a high communal value.

10.6 The Setting Setting Type Comprised - derelict & demolished buildings Date of Surrounding Buildings 19thC - Modern Are Other Recent Tall Buildings visible? The Contribution the Setting While the surrounding buildings are Victorian the makes to the Importance of setting does not add to the importance of the the Building building that is the building would still be listed in any event. The Contribution Setting The building is a street corner public house. To be Makes to the Significance of still located on a street corner with similarly aged the Building buildings surviving nearby, the setting is a good contributory factor to the significanc e of the building. Statement of What is The interior is key, not the exterior due to the important & Why interior's intactness and elaborate nature.

57 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Plate 28: Looking towards the location of the proposed Connaught Square Building from the Vicinity of The Anchor

The building is located in the former industrial heartland of Digbeth. Industrial buildings are located to the south and west, with the development area to the east. Digbeth coach station is located to the north.

10.7 The Impact on the Setting of the Building Distance 14 m mimimum 197 m maximum Direction to Connaught East Square What will be visible Western elevation

The Impact on the Setting The location of the development is currently derelict land. The construction of the proposed buildings will restore the crossroads - the setting of The Anchor - to being again a built-up crossroads and will therefore be a positive development. Is the setting contribution to Importance Unaffected the Importance Harmed Is Significance Harmed? Positive

58 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 21: Viewshed from The Anchor Public House Rea Street

59 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 22 Viewshed from the Southern Elevation of the Anchor

60 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU 01491 875584 [email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

11. 224 & 225 High Street

11.1 Location Distance to Connaught Square minimum 30 m Distance to Connaught Square maximum 190 m Direction South Grid Reference 407786 286381

The location of the building and the proposed building is shown in the following plan.

Figure 23: The location of 224 &225 High Street Deritend in relation to Connaught Square

61 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU 01491 875584 [email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 11.2 The Building Listing Reference Number 217291 Listing Grade II Conservation Area Digbeth Use Class Commercial Function ?Offices Historic Function Shops Building Date Period Victorian Century c19 Mid Approximate Date c1860 Precise Date Architect Unknown Architectural Style Plan Form 7 Bays plus corner Number of Storeys 5 Materials Polychromatic Brick Dressings Stone Roof Material Slate

Plate 29: 224 &225 High Street Deritend 224-225 High Street is a Victorian building with its original shop fronts.

62 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Plate 30: Listed Building 4 224-225 Prior to the Construction of Digbeth College

11.3 The Listed Building Description HIGH STREET 1. 5104 Deritend B12 Nos 224 and 225 SP 08 NE 7/56 26.8.81 II 2. Circa 1860. Polychromatic brick with stone dressings; slate roof. Five storeys;

7 bays plus the corner and another 7 bays on the left-hand return in Milk Street.

Ground floor with apparently original shop fronts. Panelled pilasters supporting an entablature with boldly bracketed cornice. First, second and third floors with sash windows with shoulders and keystones with incised decoration and elaborately cut brick arch soffits and bold sills. Lavishly bracketted moulded cornice at second floor level. Fourth storey with square sash windows. Elaborate bracketted eaves cornice. The windows mostly blocked up.

Listing NGR: SP0778686381

63 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 11.4 The Importance of the Building

The importance of the building is summarised in the following table using the DCMS criteria for listing.

Criteria Factor Date Other factors have to be considered for Victorian Buildings Rarity of Building Type Houses are the commonest type of listed building Work of prominent Architect None Architectural Interest Architectural Style Pilasters, bracketed cornice, incised decoration Architectural Design Design is not a key reason this building is listed. Aesthetic Interest The building is a pleasant 19th century commercial building. Decoration Pilasters, bracketed cornice, incised decoration Craftsmanship/Virtuosity The building does not demonstrate a very high standard of craftsmanship. Innovation This building does not use innovative building techniques or materials. Significant Plan Form The building has a standard plan form. Historic Interest This building does not illustrate important aspects of the nation’s history. It is not associated with a Nationally Important person.

Group Value There is a group value with the other historic buildings on Digbeth High Street. Other Factors Example of Regional The building is not an example of a regional industrial Specialism specialism. Contribution of Setting The building is surrounded by buildings of different dates and therefore there is no added importance from the setting, ie the building would still be listed in any event. Reason Building is Listed Good survival of 19th century commercial façade

11.5 Summary of “Significance HE” The Significance of the Building is summarised below using the criteria outlined in English Heritage 2008 Understanding Heritage Values Conservation Principles Policies and Guidance.

Criteria Factor Evidential The building dates from a period when the physical evidence of the building adds little novel information. Historical Illustrative The building does not illustrate an unusual historic connection. Association The building is not associated with a notable person, family, event, movement or cultural heritage.

64 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth Aesthetic The building is a pleasant 19th century commercial building. Design Design is not a key reason this building is listed. Detailing & Craftsmanship Pilasters, bracketed cornice, incised decoration

Architect None Innovation This building does not use innovative building techniques or materials. Communal Shops are used by large numbers of people so there is an enhanced communal value.

11.6 The Setting Setting Type Compromised Historic Arterial Road Date of Surrounding Buildings 19thC - Modern Are Other Recent Tall The Tall Buildings of The City Centre such as the Buildings visible? Bull Ring and The Rotunda are visible. The Contribution the Setting The building is surrounded by buildings of different makes to the Importance of dates and therefore there is no added importance the Building from the setting, ie the building would still be listed in any event. The Contribution Setting The building is one of a small number of surviving Makes to the Significance of historic buildings along the High Street. The nearby the Building historic buildings contribute to the setting of the asset, however the modern structures are clear detractors.

Plate 31 Looking towards the location of the proposed Connaught Square Building

65 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Plate 32 Looking Towards The Application Area 225 High Street

11.7 The Impact on the Setting of the Building Setting Type Compromised Historic Arterial Road Date of Surrounding Buildings 19thC - Modern Are Other Recent Tall The Tall Buildings of The City Centre such as the Buildings visible? Bull Ring and The Rotunda are visible. The Contribution the Setting The building is surrounded by buildings of different makes to the Importance of dates and therefore there is no added importance the Building from the setting, ie the building would still be listed in any event. The Contribution Setting The building is one of a small number of surviving Makes to the Significance of historic buildings along the High Street. The nearby the Building historic buildings contribute strongly to the setting of the asset, however the modern structures are clear detractors

66 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Figure 24: Viewshed from 224 &225 High Street Deritend

67 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU 01491 875584 [email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

12. 85 High Street

12.1 Location Distance to Connaught Square minimum 66 m Distance to Connaught Square maximum 75 m Direction South East Grid Reference 407711 286442

The location of the building and the proposed building is shown in the following plan.

Figure 25: The location of 85 High Street Digbeth in relation to Connaught Square

68 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 12.2 The Building

Plate 33: 85 High Street Digbeth Listing Reference Number 217023 Listing Grade II Conservation Area Digbeth Use Class Industrial Function Warehouse Historic Function Warehouse Building Date Period Victorian Century C19 Mid Approximate Date c1860 Precise Date Architect Unknown Architectural Style Gothic elements Plan Form Single Bay Number of Storeys 3 Materials Brick Dressings Stone Roof Material Slate with iron decoration

69 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth

12.3 The Listed Building Description DIGBETH 1. 5104 Digbeth B5 No 85 SP 08 NE 7/29 II 2. Warehouse of circa 1860. Brick with stone dressings; slate roof. Ground floor entrance with lintel inscribed 'Bouser and Company' and iron and glazed fanlight within a stone arch with big keystone supporting a stone band inscibed "Warehouse". On it sits the first floor window of 2 lights with colonnette and shouldered flat heads beneath a broad relieving arch. Stone frieze.

Bracketted eaves cornice and pyramidal roof with iron cresting.

Listing NGR: SP0771186442

12.4 The Importance of the Building The importance of the building is summarised in the following table using the DCMS criteria for listing. Criteria Factor Date Other factors have to be considered for Victorian Buildings Rarity of Building Type Wharehouses of this date are common Work of prominent Architect None Architectural Interest Architectural Style The building is a utilitarian style so this is not a factor. Architectural Design Design is not a key reason this building is listed. Aesthetic Interest The building has a semi-ornate, pleasing façade Decoration Ornate roof decoration, stone mouldings and window Craftsmanship/Virtuosity The building does not demonstrate a very high standard of craftsmanship. Innovation This building does not use innovative building techniques or materials. Significant Plan Form The plan form is not significant. Historic Interest This building does not illustrate important aspects of the nation’s history. It is not associated with a Nationally Important person.

Group Value There is a group value with the other historic buildings on Digbeth High Street. Other Factors Example of Regional The building is not an example of a regional industrial Specialism specialism. Contribution of Setting The building is surrounded by buildings of different dates and therefore there is no added importance from the setting ie the building would still be listed in any event. Reason Building is Listed A good example of small Victorian warehousing with original decorative detail still present

70 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth

12.5 Summary of “Significance HE” The Significance of the Building is summarised below using the criteria outlined in English Heritage 2008 Understanding Heritage Values Conservation Principles Policies and Guidance. Criteria Factor Evidential The building dates from a period when the physical evidence of the building adds little novel information. Historical Illustrative The building does not illustrate an unusual historic connection. Association The building is not associated with a notable person, family, event, movement or cultural heritage. Aesthetic The building has a semi-ornate, pleasing façade Design Design is not a key reason this building is listed. Detailing & Craftsmanship Ornate roof decoration, stone mouldings and window

Architect None Innovation This building does not use innovative building techniques or materials. Communal The building does not have a commemorative or symbolic or spiritual function. The building has been used by few people so there is no real social value

12.6 The Setting Setting Type Compromised Historic Arterial Road Date of Surrounding Buildings 19thC -modern Are Other Recent Tall The Bull Ring, The Rotunda and other tall City Buildings visible? Centre buildings are visible. The Contribution the Setting The building is surrounded by buildings of different makes to the Importance of dates and therefore there is no added importance the Building from the setting ie the building would still be listed in any event. The Contribution Setting The building is a high street warehouse. Its position Makes to the Significance of on the High Street contributes strongly to its the Building significance, as the street is in the same location as when the building was constructed.

71 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth

Plate 34: Looking towards the location of the proposed Connaught Square Building

Plate 35 Looking towards 85 High Street and the Application Area

72 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth

12.7 The Impact on the Setting of the Building Distance 66 m mimimum 75 m maximum Direction to Connaught South East Square What will be visible Northern and western elevations

The Impact on the Setting The building is located in an area that has already experienced a great deal of alteration and now has a large number of modern buildings. The proposed develoment will add modern high quality buildings to the street scene which will remove a detracting gap site and some poor quality modern buildings. It will restore the sense of enclosure along a historic arterial road. The view of the spire of St Anne’s Roman Catholic Church from this position will be lost. Is the setting contribution to Importance Unaffected the Importance Harmed Is Significance Harmed? Positive. The significance of the building will be enhanced by the removal of a gap site.

73 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth

Figure 26 Views Shed from 85 High Street towards the proposed Connaught

74 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

13. Custard Factory / Devonshire House, High Street

13.1 Location Distance to Connaught Square minimum 74 m Distance to Connaught Square maximum 335 m Direction South West Grid Reference 407940 286386

The location of the building and the proposed building is shown in the following plan.

Figure 27: The location of Custard Factory Devonshire House High Street Deritend in relation to Connaught Square

75 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 13.2 The Building Listing Reference Number 217290 Listing Grade II Conservation Area Digbeth Use Class Industrial Function Factory Historic Function Factory Building Date Period Edwardian Century C20 Early Approximate Date Precise Date 1902 Architect Unknown Architectural Style Gothic Plan Form 6 Bay Rectangular with numerous extensions Number of Storeys 4 plus attic Materials Brick Dressings Stone, terracotta Roof Material Slate

Plate 36: Custard Factory Devonshire House High Street Deritend

76 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth

Plate 37 The Chimney Stack and the Custard Factory

Plate 38 The Chimney Stack

77 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth 13.3 The Listed Building Description HIGH STREET 1 5104 Deritend B12 Devonshire House SP 08 NE 7/55 II

1902. Red brick and terracotta with some stone dressings.

Four storeys plus attic; 3 bays. Ground floor of terracotta with 6 windows in recesses with ause-de-panier arches, those of the 2 outside bays with ogee gablets. The 3 storeys above are separated vertically by thin polygonal shafts with decorative finials which divide the bays, and horizontally by wide bands of brick to the outside and of terracotta to the centre.

In the centre, the bands inscribed ' and Sons Limited/ Devonshire Works/1837 and 1902' with foliage. Within the grid of shafts and bands, the first floor with couplets of 2- light transomed windows with arched lights and the second and third floors with central windows of cross type and outer couplets of arched windows. Arched parapet with, over the centre bay, a shaped gable with 2 arched windows, tilework of a ship in full sail and little pinnacles. Left and right of this composition, later wings of lesser interest, that to the left of 2, that to the right of 8 bays. To the left again, railings with the Bird's custard motif in them.

13.4 Summary of Importance The importance of the building is summarised in the following table using the DCMS criteria for listing. Criteria Factor Date Other factors have to be considered for Edwardian Buildings Rarity of Building Type Industrial Buildings are a common type of historic building. Work of prominent Architect None Architectural Interest Architectural Style Primarily functional but a fair amount of decoration is used Architectural Design The building was designed to serve a purpose. Low interest. Aesthetic Interest The building whilst being imposing has positive aesthetic qualities. Decoration Terracotta mouldings, arched head windows, detailed parapet –add to the interest Craftsmanship/Virtuosity The building does not demonstrate a very high standard of craftsmanship. Innovation This building does not use innovative building techniques or materials. Significant Plan Form The plan form is not particularly significant. Historic Interest Devonshire House was constructed for Alfred Bird & Sons, the founders of Bird's Custard Group Value There is a group value with the other historic buildings on Digbeth High Street. There is a group value with other building which formed the "Custard Factory". Example of Regional The building is not an example of a regional industrial Specialism specialism. 78 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth Contribution of Setting The building is surrounded by buildings of different dates and therefore there is no added importance from the setting, ie the building would still be listed in any event. Reason Building is Listed The distinctive façade and the link with Bird's Custard

13.5 Summary of “Significance HE” The Significance of the Building is summarised below using the criteria outlined in English Heritage 2008 Understanding Heritage Values Conservation Principles Policies and Guidance. Criteria Factor Evidential The building dates from a period when the physical evidence of the building adds little novel information. Historical Illustrative Association Birds are a household name brand and therefore there is an enhanced Historic Value. Aesthetic The building whilst being imposing has positive aesthetic qualities. Design The building was designed to serve a purpose. Low interest. Detailing & Craftsmanship Terracotta mouldings, arched head windows, detailed parapet - fair interest

Architect None Innovation This building does not use innovative building techniques or materials. Communal The building is as a landmark . This has been the case since it was built. A good number of people have worked in Devonshire House which adds to communal value. It is a destination shopping centre and cultural centre.

79 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth 13.6 The Setting Setting Type Compromised Historic Arterial Road Date of Surrounding Buildings 19thC - Modern Are Other Recent Tall Yes Buildings visible? The Contribution the Setting The building is surrounded by buildings of different makes to the Importance of dates and therefore there is no added importance the Building from the setting, ie the building would still be listed in any event. The Contribution Setting The setting of the building - numerous modern Makes to the Significance of buildings and a busy main road - do not contrubute the Building greatly to the significance of the building.

Plate 39: Looking towards the location of the proposed Connaught Square Building

13.7 The Impact on the Setting of the Building Distance 74 m mimimum 335 m maximum Direction to Connaught South West Square What will be visible Northern and eastern elevations of the northern proposed buildings

The Impact on the Setting The construction of the Bull Ring Trading Estate opposite the Devonshire Works has already caused impact on the setting. The proposed development will add modern high quality buildings to the street scene which will remove a detracting gap site and some poor quality modern buildings. It will restore the sense of enclosure along a historic arterial road. Is the setting contribution to Importance Unaffected the Importance Harmed Is Significance Harmed? Positive

80 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth

Figure 28 Views Shed from Devonshire House towards the proposed Connaught Square

Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584 [email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

14. Old Crown, High Street

14.1 Location Distance to Connaught Square minimum 164 m Distance to Connaught Square maximum 350 m Direction South West Grid Reference 408018 286323

The location of the building and the proposed building is shown in the following plan.

Figure 29: The location of Old Crown High Street Deritend in relation to Connaught Square

82 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth 14.2 The Building Listing Reference Number 217289 Listing Grade II* Conservation Area Digbeth Use Class Public House Function Public House Historic Function Public house, shops Building Date Period Tudor Century C16 Early Architect Unknown Architectural Style Tudor Plan Form Rectangular with extensions to rear Number of Storeys 2 Materials Timber frame Roof Material Tile

Plate 40 Old Crown High Street Deritend

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Heritage Statement Connaught Square, Digbeth

Plate 41: Old Crown Side Elevation

14.3 The Listed Building Description HIGH STREET 1. 5104 Deritend B12 The Old Crown Public House and Nos 186, 187 and 188 (formerly listed as Crown Inn) SP 08 NE 7/54 25.4.52 II* 2. Claimed to date from 1368 but more probably early C16. Timber framed with plaster infill; tile roof. Two storeys (and always so), the upper one jettied; 5 bays, the centre on an advanced and gabled porch wing, coved and carried on simple modillion brackets, the outer 2 with larger though less advanced gables with carved bressummers. The ground floor with a central large entrance, public house windows on the left and 2 shop windows and doors on the right. First floor windows all C19 3-light each outer gable and one either side of the porch.

84 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth

14.4 Summary of Importance The importance of the building is summarised in the following table using the DCMS criteria for listing. Criteria Factor Date Virtually all buildings of this date are listed. In Birmingham only 4% of the buildings are pre-Georgian in date. Rarity of Building Type Public Houses of this date are relatively rare. Work of prominent Architect None Architectural Interest Architectural Style Not a factor Architectural Design Design is not a key reason this building is listed. Aesthetic Interest The appearance of a timbered building is striking in its setting and is thus a key factor Decoration This building is not decorated so this is not a factor in determining if this building is worthy of listing. Craftsmanship/Virtuosity The building does not demonstrate a very high standard of craftsmanship. Innovation This building does not use innovative building techniques or materials. Significant Plan Form Common Public House plan form Historic Interest This building does not illustrate important aspects of the nation’s history. It is not associated with a Nationally Important person.

Group Value There is a group value with the other historic buildings on Digbeth High Street. Example of Regional The building is not an example of a regional industrial Specialism specialism. Contribution of Setting The building is surrounded by buildings of different dates and therefore there is no added importance from the setting, ie the building would still be listed in any event. Reason Building is Listed The building is listed owing to its age.

85 Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584:[email protected] www.historicenvironment.co.uk

Heritage Statement Connaught Square, Digbeth

14.5 Summary of “Significance HE” The Significance of the Building is summarised below using the criteria outlined in English Heritage 2008 Understanding Heritage Values Conservation Principles Policies and Guidance.

Criteria Factor Evidential Given the date pf this building there is an evidential value Historical Illustrative There is some illustrative value to the development of Birmingham. Association The building is not associated with a notable person, family, event, movement or cultural heritage. Aesthetic The appearance of a timbered building is striking in its setting and is thus a key factor Design Design is not a key reason this building is listed. Detailing & Craftsmanship This building is not decorated so this is not a factor in determining if this building is worthy of listing.

Architect None Innovation This building does not use innovative building techniques or materials. Communal Urban Public Houses are usually key communal buildings for a locality so there is a high communal value.

14.6 The Setting Setting Type Compromised Historic Arterial Road Date of Surrounding Buildings 19thC - Modern Are Other Recent Tall Yes towards City Centre Buildings visible? The Contribution the Setting The building is surrounded by buildings of different makes to the Importance of dates and therefore there is no added importance the Building from the setting, ie the building would still be listed in any event. The Contribution Setting The neighbouring buildings are sympathetic to the Makes to the Significance of Old Crown, however the buildings opposite and to the Building the rear of the building are strong detractors. Statement of What is The location on a historic routeway near to the River important & Why Rea even though it is the only Tudor building surviving.

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Heritage Statement Connaught Square, Digbeth

Plate 42: Looking towards the location of the proposed Connaught Square Building

14.7 The Impact on the Setting of the Building Distance 164 m mimimum 350 m maximum Direction to Connaught South West Square What will be visible North and east elevations of the Northern buildings

The Impact on the Setting Improved. The buildings on the opposite side of the High Street to the Old Crown are all modern. The proposed development will add modern high quality buildings to the street scene which will remove a detracting gap site and some poor quality modern buildings. It will restore the sense of enclosure along a historic arterial road. Statement of What is The location on a historic routeway near to the River Rea important and Why even though it is the only Tudor building surviving. Is the setting contribution to Importance Unaffected the Importance Harmed Is Significance Harmed? Positive

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Heritage Statement Connaught Square, Digbeth

Figure 30: View shed from Old Crown High Street Deritend

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15. The River Rea The Application Area is bisected by the River Rea. The application seeks to open up views of the River Rea thus allowing its relationship with Digbeth Bridge to be viewed.

15.1 The River Rea as a Heritage Asset The Conservation Area Appraisal suggests that the River Rea at Fazeley St is a Locally Listed Building. To the North of the Application area, adjacent to Floodgate St, a view of the river Rea is a designated view in the Conservation Area Appraisal.

15.2 The River Rea The river Rea is a tributary of the Tame (and then the Trent). It rises in the Waseley Hill area near Rubery and then flows through Birmingham through Longbridge, Kings Norton, Pebble Mill and then Digbeth.

It was culverted in the Victorian Period and is largely hidden and in places it has been built upon.

15.3 The River Rea on the Application Area

Plate 43 The River Rea from the Application Area Looking North

Historic Environment Consultancy 38 Elvendon Rd Goring on Thames Oxon RG8 0DU, T01491 875584 [email protected] www.historicenvironment.co.uk Heritage Statement Connaught Square, Digbeth

Plate 44 The River Rea from the Application Area Looking South

Plate 45 The River Rea from the Application Area Looking South

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Heritage Statement Connaught Square, Digbeth

Plate 46 The River Rea from the Application Area Looking South

Plate 47 The River Rea from Cheapside

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Heritage Statement Connaught Square, Digbeth

Plate 48 River Rea Looking North from Custard Factory

Plate 49: River Rea Looking North from Custard Factory

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Heritage Statement Connaught Square, Digbeth 15.4 Visibility Analysis River Rea Visibility analysis shows the fact that the river Rea will be visible along the entire stretch of the development area.

Figure 31 Visibility Analysis River Rea from South as existing

Figure 32 Visibility Analysis River Rea from South as proposed

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Heritage Statement Connaught Square, Digbeth

Figure 33 Visibility Analysis River Rea from North as existing

Figure 34 Visibility Analysis River Rea from North as proposed

Thus it can be seen that the River Rea will become visible from both the North and the South.

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Heritage Statement Connaught Square, Digbeth 16. The Proposals “Connaught Square- Erection of new buildings to provide one, two and three bedroom residential units (Use Class C3), commercial, retail, leisure and community uses (Use Classes A1, A2, A3, A4, B1, D1 and D2), car parking, new public square and pedestrian bridges over River Rea, landscaping, engineering operations and site clearance and associated works at land at High Street Deritend, Rea Street, Bradford Street, Birchall Street and Stone Yard”

The proposal will deliver a new mixed use residential-led development (770 residential apartments and 4,109 m2 commercial floor space and, bring this Site back into full, active use, which has been derelict for a number of years. Alongside the beneficial reuse of this Site, the proposal delivers significant regeneration benefits including: • Reuse and redevelopment of currently vacant previously developed land; • Provision of a mix of high quality housing; • Provision of a mix of new ground floor retail, commercial and community uses; • Delivery of high quality design enhancing the streetscene; • Opening up of the River Rea within the Site with a new public square; • Acts as a catalyst to wider investment, including the emerging Smithfield Masterplan area; • Increases the critical mass of local residents; • Increases activity and active frontages; • Increased natural surveillance; • Enhancement of this City Centre location within the Southside and Highgate Quarter and adjoining Digbeth Quarter; • New Homes Bonus of £4,711,045 over 4 years; • Deliver circa 243 FTE (Full Time Equivalent) jobs in the proposed retail, commercial and community space based upon the ‘Employment Densities Guide 3rd Edition 2015’; • Construction employment for the duration of the build period; and • Provision of Council Tax revenues from occupied property.

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Heritage Statement Connaught Square, Digbeth 17. Conclusions It has to be recognised that planning consent was granted for a previous scheme on this land in 2007 - planning Reference 2007/04049/PA, and was reapproved in 2010/05820/PA. The approval was for “Erection of new floorspace to provide for residential, retail, commercial, leisure and community uses (Use Classes A1, A2, A3, A4, A5, B1, C1, C3 and D2) plus ancillary parking, servicing and amenity space”.

The report to Committee in 2010 recognised that PPG 15 and PPG 16 had been replaced by PPS 5. It is thus suggested that most of the key decisions about the Historic Environment have been taken that is: • The importance of the archaeological remains was such that preservation by record was acceptable. It is noted that the land has been subject to archaeological investigation and a draft report has been produced. • The construction of taller buildings along Digbeth and Deritend High St is acceptable. • Construction of a building immediately adjacent to the White Swan is acceptable.

By 2010 most of the building on the land had been demolished creating a gap site on Digbeth and Deritend High St adjacent to the Conservation Area.

Since the previous scheme has been approved, the National Planning Policy Framework and other Historic Environment Policy has been introduced. It can be seen that the current scheme does not cause “substantial harm” to a Heritage Asset or its setting, indeed a number of heritage benefits result from the proposals.

These are: • Creating a vista and open space along the river Rea towards the Conservation Area and making it available as a public amenity. This in turn will allow an appreciation of the medieval layout of Birmingham and a Civil War Battle site. It is noted that there are very few surviving elements or reminders of the Market Town of Medieval Birmingham. • Removing dereliction surrounding the White Swan • Removing a gap site adjacent to the Conservation Area • Removing a recent utilitarian industrial building

It is noted that the application area is outside the Conservation Area and thus the following Supplemental Planning Policy stated in the Conservation Area Appraisal is applicable:

2.4. Development in the Conservation Area Setting New development in the setting of the conservation area should respect and preserve characteristic views within, from and into the area. The Council will not permit new buildings or additions to existing buildings beyond the conservation area boundary to intrude on or block key views or important sightlines.

The Application conforms to this and creates a new key view of the conservation area.

It noted that views of the spire of St Anne’s Roman Catholic Church along the High Street will be lost.

It is noted that there are numerous public benefits from the scheme which are outlined in the Planning and Design and Access Statement. As the impact on Heritage Assets is less

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Heritage Statement Connaught Square, Digbeth than substantial in all eventualities any harm caused to the Heritage Assets is outweighed by the Heritage and other public benefits.

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