 The Council will continue to protect, preserve and promote the range of historical, architectural and archaeological sites, buildings and structures of merit or heritage value within the Borough. 14.1 Within the urban area of Sandwell a high proportion of the development dates from the 19th century, and evidence of earlier settlements and structures has, in many cases, been concealed by later developments. Continuing research and evolution is necessary in order to prove and detail the evolution of the Borough. 14.2 A number of sites, buildings and structures in the Borough are scheduled by the Department of Culture, Media and Sport as either Listed Buildings or Ancient Monuments worthy of protection on a national scale. The Council has a statutory responsibility to safeguard these sites and buildings as part of the national heritage. 14.3 The Black Country area is particularly rich in connections with the Industrial Revolution and the development of industrial processes often by firms or individuals who are now part of our national history. There are a wide range of linkages between persons, buildings or locations which need to be developed and promoted in a local context, but having strong national relevance to a particular period or evolution of history. The development of such linkages may enhance the merit and importance of many individual buildings, sites and structures which are not formally listed. 4.4 More recently, the Borough has benefited from the rich and diverse cultures of the ethnic minority population. These cultures will also be protected, preserved and promoted as part of the Borough ’s heritage asset. 14.5 The policies of this section are primarily aimed at the protection and conservation of physical structures that are of historical, archaeological or architectural significance. Such physical features-land use, buildings or structures -will be protected and enhanced as necessary to widen community appreciation and understanding of the origins of the area. The Borough's Heritage Strategy promotes conservation areas, heritage trails, town trails and places a greater emphasis on local historical events.  
Listed Buildings will be fully safeguarded by use of statutory powers. Their regular maintenance will be encouraged.
Consent for the demolition of a listed building will not be granted unless every option for its restoration, retention and alternative use has been exhausted.
When considering proposals for the demolition, alteration or extension of Listed Buildings or buildings and other structures within their curtilage, the Council will have regard to the possibility that earlier concealed structures may be found within or under the buildings. Where consents are granted, conditions may be imposed to ensure that such features may be investigated, recorded, and where feasible and appropriate, preserved in situ or elsewhere.
The Council will not permit any external, or internal alteration, or addition to a listed building where there would be an adverse effect on its architectural or historic character.
The Council will encourage the reuse of Listed Buildings, particularly where new uses may lead to a building's preservation. However, it is expected that any external alterations carried out should not be detrimental to the character or appearance of the building.
The Council will seek to preserve and enhance the settings of listed buildings by appropriate control over the design of new development in their vicinity, control over the use of adjacent land, and where appropriate, by the preservation of trees and landscape features. 14.6 Sandwell currently contains 179 listed buildings, which is a relatively small number for a Borough of this size. Therefore, it is essential that emphasis is placed on the need to protect these buildings and that their scarcity should be recognised. 14.7 The Council will give particular attention to their protection by full use of its statutory powers. The Council will at the same time provide advice to owners on the management and maintenance of their property, to maintain the fabric and special features of the buildings and to restore lost or altered features, in accordance with the guidelines presently set out in the Planning (Listed Buildings and Conservation Areas) Regulations, 1990 and in accordance with PPG15 Planning and the Historic Environment. 14.8 In addition to the national recognition of the intrinsic value of the buildings, conferred by their listing, the Council recognise the local value of the built heritage to the community, providing local landmarks and visitor attractions. 14.9 In the case of unlisted buildings within the curtilage of a Listed Building, particularly later or recent additions, whose removal may often be beneficial to the principal building, a more flexible approach will be necessary and each will be judged on the merits of the case. 14.10 While the existence of historic features may be known in advance and considered as part of the application process, many features may only be suspected or completely concealed until the development is actually in progress (e.g. timber framing). It is essential that these features be investigated and recorded. Often, the discovery will necessitate a revision of the proposals, as an opportunity may be presented to preserve or enhance the feature. This may be as part of the development or may involve the display or re-use of artefacts elsewhere in the building, or at a local museum. Each case is likely to be an individual and unique event .It is possible, by co-operation with the developer or owner and the Council's expertise, to respond positively to such discoveries, to ensure that the Borough's heritage is recorded and, if possible, preserved.
Planning applications made in Conservation Areas will be expected to show sufficient detail, so that the impact of the proposed development on the character and appearance of the area can be fully assessed. Consent to demolish a building in a Conservation Area will be granted only where it can be shown that its repair is not economically viable, that it is of reasonable beneficial use, of inappropriate structure or design, or where its removal or replacement would benefit the appearance or character of the area. Demolition will only be permitted where there are approved detailed plans for redevelopment.
The Council will require development to respect the character of the existing architecture, in scale, grouping and materials.
Having regard to the special character and unique townscape qualities of individual Conservation Areas, the Council will consider whether it is appropriate to exercise control over detailed features of the Conservation Area by the making of Directions under Article 4 of the Town and Country Planning (General Permitted Development) Order, 1995, or Areas of Special Advertisement Control. 14.11 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 or appearance of which it is desirable to preserve or enhance. "Further designations of Conservation Areas will be made, where appropriate, and existing Conservation Areas will be reviewed. The Council will pay special attention to the desirability of preserving or enhancing the character or appearance of an area.  14.12 However, it is the quality and interest of an area, rather than individual buildings, which should be the main consideration in identifying Conservation Areas. The quality of the area depends a great deal on the historic layout, the mix of uses, characteristic materials, scaling and detailing of contemporary buildings, quality of advertisements, shop fronts, street furniture, vistas along streets and between buildings, the extent of traffic intrusion and public spaces. Many of Sandwell's Conservation Areas form part of the Borough's Town Centres. The aim of these designations is to encourage good quality, well thought-out design solutions that will make a positive contribution to the character of the Conservation Area. See also: Development Control Policy DC8: Development in Conservation Areas and Areas of Townscape Value and Policy UD2:Design Statements. 14.13 Sandwell currently has six Conservation Areas: - High Street, West Bromwich
- Market Place, Wednesbury
- Church Square, Oldbury
- Smethwick Summit, Galton Valley, Smethwick
- Factory Locks, Tipton
- Windmill End
In addition to statutorily protected sites, the Council will seek to retain and preserve other noteworthy buildings and structures which are a vital part of the local architecture and history and which contribute to the uniqueness of the locality. This will be achieved through a Local List of Buildings. 14.14 Although the Local List does not give any legal protection to buildings or features, it aims to give a degree of recognition to buildings of local, historical, architectural and townscape importance which have not been listed. The intention is to prevent unnecessary demolition and gratuitous and insensitive alteration. Anyone considering undertaking alteration to a property on the Local List should justify the proposals and consider how they can retain their quality and special features. Any new development or alteration must be sympathetic and demonstrate an architectural improvement. The Local List will be a material consideration when determining planning applications. The full Local List is available as an appendix to the UDP. It is anticipated that the Local List will be updated as more important buildings are identified. 14.15 The Local List will also assist with the identification of areas suitable for designation as Conservation Areas, where a collection of buildings of local interest has group value.
In addition to statutorily protected Conservation Areas, the Council will protect other noteworthy areas within the Borough through the designation of Areas of Townscape Value. 14.16 Areas of Townscape Value will be designated in areas of local townscape importance, which are not necessarily of Conservation Area standard. Areas of traditional terraced housing, the historical centres of an area, or even a collection of buildings along a street could be given this designation. Each area will receive Council approval as they are identified, and a report will be produced outlining their special qualities. 14.17 It is the Council's intention that the townscape value of these areas should be protected where possible, particularly with regard to scale and massing and traditional features. The Council will not reject modern designs, however, any proposals for alteration or redevelopment in these areas must be justifiable, and be an improvement on the existing. All applications for development within an Area of Townscape Value will be assessed against the criteria set out in the Development Control Policy DC8:Development in Conservation Areas and Areas of Townscape Value. See also Policy UD2:Design Statements. With regard to town centre areas, the Council will assess all proposals against the Development Control Policy DC12 -The Design and Installation of Shop Front Roller Shutters.
The Council will protect Registered Parks and Gardens of Special Historic Interest, together with parks and gardens identified on the Sandwell Historic Environment Record or notified by the Staffordshire Parks and Gardens Trust, from inappropriate built development and insensitive alterations, and treat the effect of development proposals as material considerations when determining planning applications.
Any proposals for development within the Parks will be considered in the light of its special character, including the development’s relationship to the Park’s origin, design, history, landscape, flora, fauna, management and environmental quality. An historic landscape appraisal report may be required.
The Council will also protect registered parks and gardens from inappropriate development on sites adjoining the park where such developments will be detrimental to the appearance, setting, landscape or special features of the park. 14.18 No statutory controls follow from the inclusion of a park or garden on English Heritage’s Register of Parks and Gardens of Special Historic Interest. However, PPG15-Planning and the Historic Environment, recommends that local authorities protect their registered parks and gardens through the Development Plan and development control processes. 14.19 Brunswick Park in Wednesbury, Warley Woods and parts of Great Barr Hall Park are currently registered as Parks and Gardens of Historic Interest.
The Council will seek to protect the Borough's canal heritage, including canalside buildings and associated structures and areas around the canal network that are of special interest.
Where the opportunity exists, encouragement will be given to the use of canals as a feature to enhance the quality of development through appropriate layout and orientation.
The Council will assess all proposals for development adjacent to the canal network against the guidelines and criteria set out within the Development Control Policy DC4-Canals. In particular, the Council will seek to ensure that:
- The original scale, style, materials and character of the canals is not prejudiced or eroded and that its buildings, structures and artefacts are retained;
- The design, layout, boundary treatment and landscaping of canalside development takes full account of the opportunity created by its setting;
- The nature conservation value of the canal network is protected.
Where appropriate, the enhancement of the canals and their settings will be secured through S106 Agreements.  14.20 The Borough has many miles of canal, which have enormous historic and heritage value as the arteries of the industrial revolution. A large number of canal structures are Listed Buildings and many other important buildings are located alongside or close to canals. There are some concentrations of such structures in specific areas of interest such as in the Galton Valley and Factory Locks Conservation Areas. However, the majority of listed canal structures are dispersed throughout the Borough, and are intermingled with other structures which are not listed, but which are an essential part of the canal character. 14.21 The canals have become underused since the decline in their economic importance, and canalside development has 'turned its back 'on the canals. The Council recognise the limited potential of the canals to transport goods and people and will encourage their use for this purpose where appropriate. As canals are a linear feature this trend can only be reversed gradually by the use of development control powers and a series of improvement and restoration works. The Council will also endeavour to encourage developers to recognise the importance of the canal network as an environmental asset to their proposals. In addition, the nature conservation value of the canals should not be underestimated. Over time, the canal network has naturally regenerated and now provides valuable habitats for both flora and fauna. The nature conservation value of these areas will be protected and enhanced where appropriate. The policies contained within the Nature Conservation Chapter should also be referred to. 14.22 Where areas of significant recreational use form part of the canal network, sensitive treatment will be necessary to ensure that the requirements of the user do not compromise the heritage value of the area. Therefore, these policies are essential if the heritage value of the canals is to be realised in the longer term as a unique linear environment.
The Council will pursue the designation of Soho Foundry as a World Heritage Site. 14.23 Soho Foundry is not currently on the DCMS’s Tentative List of Potential UK World Heritage Sites. However, the Council will make every effort to encourage its inclusion on the list through the production of a programme of enhancement and promotion in conjunction with appropriate partners. No additional statutory controls come from the inclusion of a site on the World Heritage List. However, the designation will highlight the outstanding international importance of the site as a material consideration to be taken into account when determining planning applications and applications for listed building consent.
The Council will define areas, buildings, structures and sites, which merit consideration as areas of potential industrial archaeological interest.
In considering proposals for development, the Council will have regard to the industrial or historical importance of the site or building, and will make positive recommendations for the recording, restoration, preservation, adaptation or demolition and rebuild elsewhere of the relevant features of the development. 14.24 The principal reasons for the rapid growth of the urban areas of the Borough were the mining and industrial activities of the 18th, 19th and 20th centuries. The area became one of national industrial importance. Although the legacy of dereliction, pollution and poor building should be removed where possible, it must be recognised that this also includes buildings, sites and artefacts of historical significance. Only part of this is buried; a majority remains above ground in existing buildings, plant and machinery and its artefacts may still be in use. Most of this heritage is unprotected by Scheduled Ancient Monument or Listed Building designation. Under existing criteria, much of this heritage is not recognised as being of sufficient national historic, archaeological or architectural importance to merit statutory protection. 14.25 Areas of potential archaeological significance will be identified by continual local monitoring and assessment of relevant information sources, including the Sandwell Historic Environment Record, where information is consolidated and recorded. Referral of applications for development will also disclose sites or areas where archaeology or conservation is necessary before redevelopment or demolition is permitted to take place.
Development, which would adversely affect Scheduled Ancient Monuments or other archaeological sites of national importance, or their settings, will not be permitted. 14.26 Archaeological remains of various types, ranging from flint tools to industrial buildings, provide evidence for the development of the Borough from prehistoric times to the present day. Archaeology provides a valuable educational, recreational and promotional resource for the Borough. The policies adopted by the Council follow advice given in Planning Policy Guidance Note 16-Archaeology and Planning, (PPG16), November 1990. 14.27 There are 5 Scheduled Ancient Monuments in the Borough and these are listed in the Archaeology Proposals section along with non-scheduled sites, which the Council considers to be of national, regional and local importance and therefore merit preservation.
In considering proposals for development, the Council will seek to ensure that archaeological sites of special regional or local importance are identified as being particularly worthy of preservation in situ. Other sites will be preserved wherever possible, but where it would be unreasonable to withhold planning permission for the development of such sites, provision will be made through agreements and conditions of planning permissions for an appropriate level of archaeological investigation and recording, prior to damage or destruction through development.
It is essential that archaeological sites and their settings are preserved and enhanced so as to fully exploit their archaeological, recreational and educational value, and, where appropriate, made attractive to visitors.
In Areas of Potential Archaeological Importance, the local planning authority will require archaeological information (derived, if necessary, from an archaeological evaluation), prior to the determination of planning applications. This information will be needed to assess the archaeological implications of the development proposals and to identify requirements for archaeological preservation or investigation.
The integration of the preservation of archaeological deposits with other land uses will be achieved by means of management agreements. 14.28 Areas of Potential Archaeological Importance will be identified by continual local monitoring and assessment of relevant information sources, including the Sandwell Historic Environment Record, where information is consolidated and recorded. Referral of applications for development will also disclose sites or areas where archaeology or conservation is necessary before redevelopment or demolition is permitted to take place. 14.29 Sixteen areas of Potential Archaeological Importance in the Borough have been identified and are shown on the UDP Proposals Map and listed in the Archaeology Proposals section. Each area fulfils one or more of the following criteria: - Ancient structures, either buildings or earth works, are visible or have been located by excavation, or objects have been found by chance or by deliberate search;
- Early settlement or other activity is indicated by written documents or maps;
- There has been little ground disturbance through earthmoving, mining or similar activities, so that archaeological features as yet unknown might be expected to be preserved.
14.30 The boundaries of these areas may be modified, and further areas may be identified, as more archaeological information becomes available. The Borough Archaeologist will be able to give up-to-date advice on the extent of the areas of archaeological importance. Prospective developers are encouraged to consult the Borough Archaeologist in advance of submitting planning applications in Areas of Potential Archaeological Importance. 14.31 Archaeological evaluation consists of excavated trenches, combined with non-destructive surveys, where appropriate. Archaeological investigation, prior to damage or destruction, would consist of archaeological excavation, or observation and recording of archaeological features exposed during development, as appropriate.
The Council will seek to enhance knowledge of the past development of the Borough by undertaking or commissioning appropriate archaeological work, and will contribute to the Sandwell Historic Environment Record. 14.32 Future archaeological work will consist of: - Observation of ground disturbance to elucidate visible features, to locate buried archaeological features, and to determine the potential preservation of archaeological deposits;
- Archaeological excavation to elucidate visible features, locate buried archaeological features, and to determine the potential preservation of archaeological deposits;
- Non-destructive surface surveys including the observation and recording of earthworks, buildings and other upstanding structures, searching ploughed field surfaces for objects, geophysical and other prospecting, and aerial photography.
14.33 The Historic Environment Record or HER is a record of all known sites and monuments of archaeological and historical importance in the Borough of Sandwell. The record is sometimes called the Sites and Monuments Record (SMR). It records the archaeology of the Borough from its earliest prehistoric remains through to recent times. The HER is maintained by Sandwell MBC.
|
