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.