Agenda Item 7

Sandwell Metropolitan Borough Council

Report to the Cabinet Member for Regeneration and Transport

18th June 2008

Character Appraisal Study and Boundary Review of the Factory Locks, Tipton Conservation Area (Cabinet Forward Plan Ref No.RT210)

1. Summary Statement

1.1 The purpose of this Cabinet report is to provide information on the comprehensive character assessment and objective appraisal of the Tipton, Factory Locks Conservation Area and its surroundings which has been undertaken over the last 4 months.

1.2 An Appraisal Study report has been prepared by Birmingham University Archaeology unit in accordance with the requirements of Sandwell Metropolitan Borough Council to undertake conservation area reviews across its six established conservation areas. The Council has programmed two areas for review in 2007/2008 – Factory Locks Tipton, and Church Square, Oldbury. This report covers the first of those areas and a comprehensive amended version is now available.

1.3 The current conservation area boundary is indicated on the attached plan Appendix 1. Following detailed site analysis and consultation with Tipton Civic Society, a significant extension of the Conservation Area boundary is now being suggested. This extended area is therefore indicated on a separate plan in Appendix 2. The principal aim of the report is therefore to establish a new boundary to the Conservation Area that is robust, justifiable and defendable.

1.4 The Appraisal Study has been carried out in accordance with the guidelines set out by English Heritage in their publication entitled “ Guidance on Conservation Area Appraisals ” dated August 2005. It has been framed by policies contained in the Unitary Development Plan, and local policies and proposals set out in the emerging Tipton Area Action Plan.

1.5 Following approval at your Cabinet in January a full consultation exercise has now been undertaken to include a letter drop to all landowners within the proposed area and all residents in its proximity, information posted on the Council’s website, widespread leaflet distribution, and a public meeting held in March. In general there has been overwhelming support for the extension of the Conservation Area as proposed with no objections, but further comments on responses are described outlined below.

Further details are attached for your information

2. Recommendations

2.1 That the Head of Legal Services, in consultation with the Director of Planning and Transportation, be authorised to carry out the necessary legal procedures to extend the boundaries of Factory Locks, Tipton Conservation Area as shown on the plan now submitted.

In accordance with the authority delegated to the Cabinet Member for Regeneration and Transport, the following course of action has been agreed, which will be set out in the formal record of the decisions taken by the Member:

(1) the recommendation(s) above is/are approved.

(2) the recommendation(s) above is/are approved as now amended.

(3) the recommendations above are not approved.

______Cabinet Member for Regeneration and Transport

Date 18th June, 2008

Robert A Lee Director of Planning and Transportation

Peter Manley Head of Corporate Property

Keith Heyes Head of Culture

Neeraj Sharma Head of Legal Services

Contact Officer Graham Eyre-Morgan Borough Archaeologist 0121 569 4025 Character Appraisal Study and Boundary Review of the Factory Locks, Tipton Conservation Area

3. Strategic Resource Implications

3.1 There are revenue implications as the review of Conservation Areas is likely to result in new designations, amendment of boundaries of Conservation Area status, all of which involve work for staff involving record keeping, answering queries, processing applications for ‘Conservation Area Consent’ (CAC) (which unlike planning applications do not attract a fee). These costs will be met by existing budgets of the Director of Planning and Transportation.

3.2 In house specialist staff to implement the appraisal, public consultation and review process are limited to the permanent Borough Archaeologist and Historic Environment Assistants. There is an ongoing statutory workload for these staff into which the review work will need to be prioritised.

4. Legal and Statutory Implications

4.1 Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 imposes a duty on local planning authorities to designate as conservation areas any ‘areas of special architectural or historic interest the character of appearance of which it is desirable to preserve or enhance.’

4.2 Designation introduces a general control over the demolition of unlisted buildings and provides the basis for policies designed to preserve or enhance all the aspects of character or appearance that define an area’s special interest.

4.3 Local planning authorities also have, under Section 69 of the Act, a duty to review their areas from time to time to consider whether further designations of conservation areas is called for, and to review existing conservation areas and their boundaries.

4.4 Planning Policy Guidance Note 15, paragraph 4.4 states that ‘the definition of an area’s special interest should derive from an assessment of the elements that contribute to (and detract from) it’. A comprehensive appraisal of the character of a conservation area provides a sound basis for development control decisions and for developing initiatives to improve the area.

4.5 Due to recent changes to the development plan process, and the eventual replacement of the Local Plan with a Local Development Framework, Conservation Area Appraisals are no longer considered appropriate for adoption as SPG (now known as SPD: Supplementary Planning Document). However, if Appraisals are endorsed by the Council they can still be a material planning consideration when assessing relevant applications in the area that they cover.

4.6 It is envisaged that once the amended Conservation Area boundary is adopted by the Council it will be incorporated into the Local Development Framework as appropriate.

5. Implications for the Council’s Corporate Priorities

5.1 Undertaking the statutory duties to review Conservation Areas in the borough will contribute to achieving the priority of creating a physical environment which is attractive to residents and employers.

6. Background Details

The current Factory Locks Conservation Area

6.1 The present conservation area sits on Telfords New Main Line section of the Birmingham and Wolverhampton Canal which was constructed in 1826. This new main line runs from near Smethwick Locks and rejoins the Old Line at Hurst Lane, Tipton immediatley after passing through Factory Top Lock. The name ‘Factory’ refers to the James Kier Alkali works adjacent on factory Street. Factory Locks have served as a major focus for canal life, with its canal function and locks slowing the boats, and its many large and important industrial sites adjacent.

6.2 The locks are somewhat unusual in this area. The locks are offset to one side so that the towpath runs straight alongside the locks. The large pounds are also unusual, a possible reason is that they reflect the large amount of traffic that once used this area of the canal. The size of the pounds would have allowed boats to pass each other between the locks. The bottom lock has a cast iron cantilever footbridge with a gap for a tow rope to pass through on one side.

6.3 There are in addition four bridges in the Conservation Area, three of these are good canal features. The brick and cast iron footbridge at the junction of the Old and New Main Line is a superb example of a canal bridge. The Wood Street footbridge is of cast iron lattice work sat on brick abuttments, not unique but another excellent example of a canal bridge. Factory Road Bridge is a narrow and difficult bridge for motorists but nevertheless privides a fine feature setting for the locks. The fourth bridge is at Hurst Lane and is a modern road bridge and unfortunately shows its worst side to the canal.

6.4 The Boat Gauging House (Grade II Listed) was built in 1873 and is adjoining the top lock. The building has been of much concern in recent times with the possiblities about its future use. The building itself is a fine built structure with blue and red brickwork with round leaded windows, other buildings that constitute the Factory Locks conservation area include:

6.5 The cantilever bridge is thought to date from the contruction of the locks in 1826 and installed to allow boatmen to cross the canal .

6.6 The Boatmens Mission was built in 1892. This building is sadly much altered yet is only one of two left in the West Midlands (the other is in Walsall) out of the original five that were built for the boatmens spritual welfare.

6.7 The Malthouse Stables has received careful restoration and provided with a new use to bring it back to life. This building was constructed in the early 19th century as a two storey stable block with fourteen stalls on the ground floor for the canal horses.

6.8 A Canalside Hut/Office is situated within the coalyard adjoining Factory Road Bridge. This is a small brick building with chimney that which now serves as an office. It is typical of small canal side buildings such as lengthsmans huts, hovels and toll boths.

6.9 Other lesser features include short sections of the original canal brick built wall with its coping stones which can be observed in several areas and many of the towpaths have very old paviours.

The Revised Area

6.10 Tipton owes much of its historical development and its consequent character to the canal system. The waterways were shaped initially by the physical constraints of the natural landscape but they in turn shaped the built environment to a degree that still has a profound effect today even in locations where the canal itself has long disappeared. They have become an integral part of the landscape and should therefore now be used as a framework for the future and enhanced through more positive planning policies and a higher standard of urban design. This can best be achieved by extending the extent of the Conservation Area.

6.11 It is therefore considered that the existing Factory Locks Conservation Area should be extended to take in the complete circle of canals around the town centre (inclusive of the infilled section of the former Tipton Green locks) and stretching as far as Pitchfork Bridge on the Old Line, the Birmingham New Road bridge on the Dudley Canal and Watery Lane Bridge on the New Line. These linear routes have sufficient character and historic fabric to warrant designation, containing as they do a further three listed buildings and no fewer than 23 structures which warrant local listing. (See appendix 3). In addition, this enlarged Conservation Area would link several important pockets of public open space.

6.12 Sandwell`s UDP states: The Council will seek to protect the Borough’s canal heritage, including canal side buildings and associated structures and areas around the canal network that are of special interest. Although new developments are now addressing themselves to the waterway, design standards generally leave a lot to be desired. Two particularly poor recent examples are the apartments on the Old Main Line Canal at Dudley Port Bridge, and on the Main Line just west of Factory Bridge. By contrast two very promising developments are the Round’s Wharf site in Castle Street and the as yet un-built Revurban scheme at Factory Junction. It is significant that both these projects adjoin listed buildings and the latter is also in the Conservation Area, thus illustrating that the Planning Authority can dictate a higher design standard in locations where greater statutory powers exist.

6.13 This proposal would fit neatly into the Black Country Consortium’s vision of the whole West Midlands canal system as a World Heritage site. It should also be noted that several precedents exist for linear canal Conservation Areas including Smethwick Summit in Sandwell, but most notably the whole 46 mile length of the Staffordshire and Worcestershire Canal.

6.14 The Black Country Society first suggested the idea of a Conservation Area based on Tipton’s canals in the mid-1970s, but the local authority response at that time was that it was not possible to make such a designation in an industrial area. Nevertheless with the onset of de- industrialisation in the 1980s Factory locks became Sandwell’s fourth Conservation Area in 1986. The opportunity now exists to extend the area, which fully acknowledges the historic form and fabric of the town’s canals and generates the best possible development solutions.

6.15 Starting at Factory Junction it is proposed that the Barge and Barrel pub be included. This building is in largely original external condition and has good townscape value in its location at the junction of Factory Road and Hurst Lane. Improvements at the rear in 1996 helped to integrate the premises into the canal environment. West of Factory Road Bridge the boundary should be drawn to include the former coal wharf and to the north of the locks the whole of the open space between the canal and railway. Since the demise of Buller`s foundry around 1980 this land has become part of the green linear transport corridor which has assumed great importance in improving the image of Tipton as viewed from the train.

6.16 This green space continues to Tipton station to encompass the survival of the Three Furnaces roving bridge. The proposed relief road underpass will result in the new boundary to be drawn on the southern limit of the new road but it would be hoped that the brick wall to the canal towpath, which probably dates from the 1850s, would survive the new development. Moving westward along the New Line the new area would contain Caggy`s boatyard with its listed roving bridge and thereafter the space between canal and railway as far as Watery Lane bridge which forms a logical termination point to the town centre section of the waterway.

6.17 Returning to Factory Junction the new conservation area would include the whole of the Boat Gauging House site and the adjacent open space of nature conservation value, which abuts the Beaumont Close housing. On the west side of the Old Line canal there is a group of industrial units in the existing Conservation Area which are of no value but were included to safeguard the site, which, if redeveloped would have significant impact on the setting of Malthouse Stables and Factory Junction.

6.18 Continuing along the Old Line the new boundary would then take in the listed Fountain Inn and the adjacent cottage, which, although altered, is an important historic reference point as it may well predate the canal. Beyond Owen Street Bridge Coronation Gardens should be included and the space between the canal and Lower Green followed by the Rounds site in Castle Street with its listed Georgian house. It would then carry the Conservation Area through the former stop lock along the Dudley Canal to the Birmingham New Road Bridge to make a symbolic link with the Black Country Living Museum and to include the open space on Dudley Road. A convenient termination point on the Old Line would be Pitchfork Bridge.

6.19 The final portion of the proposal consists of the route of the former Tipton Green locks which has survived as a public walkway conveniently linking the Old and New Lines. It is believed that this section of canal is restorable and planning polices should reflect this.

7. The Consultation Process and Responses Received

7.1 Over 500 letters explaining the process and the proposals to extend the Conservation Area were sent to local residents and landowners. A leaflet, which is appended to this report, accompanied the letter to provide further information on issues around the implications of extending the area. In addition the letter invited interested parties to a public meeting which was held at Malthouse Stables in March.

7.2 The meeting was chaired by the Cabinet Member and attended by over 20 people – mainly comprising members of Tipton Civic Society but including representatives of Birmingham Canal Navigations, Inland Waterways and two local residents. Although several points of clarification were raised the concensus view was that the proposals are to be welcomed.

7.3 Following the meeting formal written response have been received from Tipton Civic Society, Inland Waterways and Birmingham Canals, requesting clarification on boundaries and suggesting detailed amendments to the report. These comments have all been addressed satisfactorily and the report amended accordingly.

7.4 In addition to the above consultation the draft report has been available to view on the Councils web site since March.

Source Documents

Planning and the Historic Environment. Planning Policy Guidance (PPG) 15 DOH/DOE 1994 Conservation Area Practice EH 1995 Conservation Area Appraisals EH 1997 Conservation Local Regeneration EH 1998 The Historic Environment – a force for our future. Dept of Media, Culture & Sport 2001 The Heritage Dividend EH 2002 Informed Conservation. Kate Clark EH 2001 Planning Policy Statement 12. ODPM

Appendix 1

The present designation for the Factory Locks Conservation area is shown on the Figure below.

MP .5 ) SANDWELL Historic EnvironmentAllotment Gardens Record

2 %%% Warehouse 144.5m Factory Locks

Warehouse 146.9m Tipton The Barge and Barrel D O (PH) L T O N W A Conservation Area Factory Y

s k Bridge r t o o p W e

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T S R FB U H Bollard Bo llard St Pauls CE School ) ) Middle Lock (4/5) Listed Buildings BM 145.31m Middle Lock (4/5) Pond Depot BottomBottom LockLock && Works Factory Road Bol Malthouse lard Bridge ) Stables Works Cantilever Footbridge (4/6) (Community Fa Cantilever Footbridge (4/6) ctory Recreation Locks Centre) Statutory Designations 143.3m

l Bo e llard v ) 1st June 2004 e Weir L El Sub Sta BoatBoat GuagingGuaging HouseHouse BoatBoat GuagingGuaging HouseHouse F n A o C t FB T p O m R a TiptonTipton CanalCanal BasinBasin (4/3)(4/3) TiptonTipton CanalCanal BasinBasin (4/3)(4/3) Y h Bir To Statutory schedule reference numbers mi win r n g R Weir gham C Path e O anal v l A Birm o D ingham Level W Factory Locks, Tipton are shown on the plan Wood Street Foot Bridge M P . Conservation 25 Conservation Tow Conservation ing Pa th

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Appendix 2

The area to be revised for the extended conservation area.