PLANNING APPLICATION NUMBER: P14/1248

Type of approval sought Full Planning Permission Ward St James's Applicant Head of Economic Development, Dudley MBC Location:

ST. EDMUNDS CHURCH, CASTLE STREET, DUDLEY, WEST MIDLANDS

Proposal PROPOSED UP-LIGHTING TO CHURCH (RESUBMISSION OF WITHDRAWN PLANNING APPLICATION P14/0504)

Recommendation Summary:

APPROVE SUBJECT TO CONDITIONS

SITE AND SURROUNDINGS 1. The application site comprises St Edmund’s Church which is a Grade II* Listed

building dating back to the 18th Century (SMR 942). It has a red brick finish with

stone dressings including quoin detailing, moulded door case and architraves. The

church graveyard and associated pedestrian footpath wrap around the sides and

rear of the building. The paving to the north comprises modern slabs whereas the

paving to the west is predominantly historic. There are a number of mature Maple

trees within the site, close to the northern and western elevations. The trees are

protected by virtue of the sites location within the medieval part of Dudley Town

Centre Conservation Area.

2. The Grade II Listed Statue of Lord Dudley is to the north as are 270-272 Castle

Street which are also Grade II Listed. The site also backs onto the Grade II Listed 2-

6 Castle Hill to the east.

PROPOSAL 3. Planning permission is sought to install free-standing and recessed lighting units to

light the northern and western elevations of the church. The first phase of the

lighting would involve the installation of five Philips eW Graze recessed lighting

units, below ground level within the modern paving to the north of the site These

units would be positioned 600mm away from the building centrally and opposite the

church wall piers. Two free standing Philips eW Reach Powercore Lighting units

would also be installed at ground level within the historic paved area behind the

stone wall and railings fronting Castle Street. These lighting units would be

enclosed within a cage 550mm high, 800mm wide and 550mm deep.

4. A second phase of the lighting proposals would be carried out at a later date when it

is proposed to install three additional Philips eW Graze recessed lighting units to the

northern elevation in order to light the Chancel.

5. The proposal forms part of the lighting strategy for the wider Dudley Market Place

redevelopment project.

HISTORY 6.

APPLICATION No.

PROPOSAL DECISION DATE

96/50450

Display of free standing contractors’ sign board for temporary period.

Approved with Conditions

25/04/96

P14/0504

Proposed up-lighting to church

Withdrawn

30/04/14

7. Application P14/0504 was withdrawn in order to enter into pre-application

discussions with English Heritage.

PUBLIC CONSULTATION 8. Direct notification was carried out to all surrounding units/properties, a site notice

was displayed and a noticed was placed in the local press. The final date for receipt

of representations is 22nd September 2014 and any correspondence received prior

to the Committee meeting will be reported as a pre-committee note.

OTHER CONSULTATION

9. English Heritage; No objection subject to condition

10. Group Engineer (Highways); No objection

11. Head of Environmental Health & Trading Standards; No objection

RELEVANT PLANNING POLICY

National Planning Policy Framework (2012) (NPPF)

Specifically Chapter 12, Conserving and enhancing the historic environment.

Black Country Core Strategy (2011) (BCCS)

• CSP1 The Growth Network

• CSP4 Place Making

• CEN4 Regeneration of Town Centres

• EMP6 Cultural Facilities and the Visitor Economy

• ENV2 Historic Character and Local Distinctiveness

• ENV3 Design Quality

Saved Unitary Development Plan Policies (2005) (UDP)

• DD1 Urban Design

• DD4 Development in Residential Areas

• HE4 Conservation Areas

• HE5 Buildings of Local Historic Importance

• HE6 Listed Buildings

• HE11 Archaeology and Preservation

• NC10 The urban Forest

Supplementary Planning Guidance/Documents

• Historic Environment Supplementary Planning Document (2006)

• Dudley Town Centre Area Development Framework (2005) (ADF)

• Dudley Town Centre Conservation Area Character Appraisal

• Dudley Town Centre Conservation Area Management Plan

ASSESSMENT

12. Key issues;

• Design and Historic Environment

• Archaeology

• Trees

• Residential Amenity

Design and Historic Environment

13. The Dudley Town Centre Area Development Framework (ADF) was adopted by the

Council as Supplementary Planning Guidance (SPG) in December 2005 and

presents a vision, development strategy and illustrative development framework. The

ADF recognises that the design, quality and appearance of the public realm is an

important component in defining the character of a place and is vital to attracting and

sustaining investment. The Market Place is identified as one of the five key public

realm projects which are prioritised for action and is a key site within the medieval

part of the town centre. The key aims identified within the ADF for the public realm

around the market place are to restore and enhance its identity as the heart of

Medieval Dudley. In order to achieve this it is important to reinforce the linear nature

of the space, emphasising its role as part of the medieval spine and the main route

towards the castle.

14. Saved Policy HE4 of the UDP states that the Council will safeguard approved

Conservation Areas, and that proposal for inappropriate alteration of buildings or

proposals for works which could be detrimental to their character or setting will be

resisted. Saved Policy HE6 of the UDP states that the Council will safeguard and

encourage the appropriate enhancement of buildings statutory listed as being of

historic or architectural value. Policy ENV2 of the BCCS states that all proposals

should aim to sustain and conserve the historic aspects of the civic, religious and

commercial core of the principal settlements of medieval origin such as Dudley.

15. The church is a prominent landmark building and the proposal forms part of the

comprehensive public realm improvements now underway within Dudley Market

Place. Lighting forms an important aspect of the overall project where it is proposed

to light key buildings and features to provide a series of visual ‘stepping stones’

along the medieval route. The proposed lighting to St Edmunds Church is a key

component of the overall effect which would enhance the prominence and

architectural merit of the building. The lighting would be low profile discrete units set

within the grounds of the church and not therefore attached to the Grade II* listed

building itself. Whilst the freestanding units would be positioned within the area of

historic paving, disturbance would be kept to a minimum. The ground cages would

not project above the existing wall and railings and conditions would be imposed to

ensure there would be no detrimental impact upon the setting of the Grade II* Listed

Building or the character and appearance of the Conservation Area. The proposals

which affect a listed building benefit from ecclesiastical exemptions and to this end

a ‘Consent by Faculty’ application is being prepared by the applicant under the

guidance of the Diocese of Worcester’s Heritage Buildings & Community

Development Officer.

16. It is therefore considered that proposal would preserve and enhance the character

and appearance of the Conservation Area and respect the setting and integrity of

the heritage asset. In this respect the proposal therefore complies with saved Policy

HE4 and HE6 of the Dudley UDP, Policy ENV2 of the Black Country Core Strategy

and The Dudley ADF (2005). Archaeology

17. Whilst there is some potential for below ground archaeological remains to survive

relating to medieval/post-medieval occupation, installation of the proposed lighting

units would involve minimal excavation works. The applicant advises that the

Church Archaeologist will also be consulted when compiling the required ‘Consent

by Faculty’ application and work will be carried out in accordance with their

instruction. The proposal is therefore considered compliant with saved UDP Policy

HE11 of the UDP (2005).

Trees

18. The excavations required for both the recessed lighting units and the cable runs

would be minimal. Amended plans were received moving the cable runs for these

lighting units to underneath the existing modern paving to ensure no damage is

caused to the maple trees. In this respect the proposal is therefore considered

compliant with saved UDP Policy NC10 The Urban Forest.

Residential Amenity

19. Whilst the site is within the heart of the town centre where there are residential

elements, it is, however, considered that the proposed development is unlikely to

have any significant affect on neighbouring amenity given the nature of the

proposed works and their siting within the context of a town centre. The Council’s

Lighting Engineer raises no objection to the proposed works. In this respect the

proposal therefore complies with saved UDP Policy DD4.

CONCLUSION

20. The proposed development would preserve and enhance the setting of the Grade

II* Listed Church and the character of Dudley Town Centre Conservation Area. The

lighting would increase the prominence of this landmark building and would make a

significant contribution to the wider Market Place lighting strategy in the wider public

interest. Consideration has been given to the NPPF, Policy CSP4, CEN4, EMP6,

ENV2 and ENV3 of the Black Country Core Strategy, saved Policy DD1, DD4 HE4,

HE5, HE6 & HE11 of the UDP.

RECOMMENDATION

21. It is recommended that the application is APPROVED subject to the following

conditions;

APPROVAL STATEMENT INFORMATIVE

In dealing with this application the Local Planning Authority have worked with the

applicant in a positive and proactive manner, seeking solutions to problems arising in

relation to dealing with the application, by seeking to help the applicant resolve

technical detail issues where required and maintaining the delivery of sustainable

development. The development would improve the economic, social and environmental

concerns of the area and thereby being in accordance with paragraphs 186 and 187 of

the National Planning Policy Framework.

Conditions and/or reasons:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing No: M300 48 Revision E.

3. Notwithstanding the details shown on the approved plans, development shall not begin until large scale architectural drawings/cross sections of the proposed protective cages and lights illustrating their overall height and positioning in relation to the adjacent church wall/railings and west elevation of the Church have been submitted to and approved in writing by the Local Planning Authority. Development shall proceed in accordance with the agreed details and retained for the lifetime of the development.

4. No works of construction, levels changes, re-grading or other site clearance or infrastructure works involving ground disturbance shall begin until the developer/applicant has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation (WSI) which has first been submitted to and approved in writing by the Local Planning Authority. The WSI shall include details of proposed archaeological monitoring and recording. Following approval of the WSI all such works will be carried out in accordance with the agreed details.

B Philips eW Reach Powercore lighting unit

Philips eW Graze recessed lighting unit

Existing feeder pillar in pavement againstchurch wall

B

B

FF1

F2

CASTLE STREET

B

Proposed cable runs. Any historic pavingaffected by the construction shall becarefully lifted and re-instated tothe approval of the DMBCConservation Officer.All excavation shall be subject to monitoringby Project Archaeologist

Proposed main cable run shall be positioned beneath existingconcrete paving slabs to limit any damage to adj. tree roots.Paving shall be lifted and relaid to same levels. All excavation shall be subject to monitoring by Project Archaeologist

B

B

CCCC C

Existing paving slabs to be lifted & cut aroundnew recessed lights. All paving to be reinstated tothe approval of DMBC Engineers & ConservationOfficer. All excavation shall be subject to monitoringand approval by the appointed Archaeologist.

600mm

eW recessed graze units to bepositioned 600mm away frombuilding and centrally oppositechurch wall piers

C

Existing redundant light unit to be removed

Existing redundant light unit to be removed

C

C

C

B

C

LIGHTING KEY

B

B

C C C

PHASE 2 EXTENSION to LIGHT CHANCELTo be carried out at a future date

TOP OF CAGE TOPROJECT NOFURHER THAN TOPOF RAILINGS ON WALL

TOP OF CAGE TOPROJECT NOFURHER THAN TOPOF RAILINGS ON WALL

Job: Dudley Market PlaceProject

Drawing: Proposed Lighting to St EdmundKing & Martyr Church ('bottom church'), Dudley

Job No: M300

Drawing No: M300 48Revision:A: 19.03.14 amendments to orientationreferencesB: 07.04.14 inclusion of lighting housingimages plus text amendmentsC: 14.8.2014 Omit eW Blast fittingsreplace with flush mounted eW GrazeunitsD: 05.09.14 Phase 2 added &notes oncage heightsE: 8.9.14 Cable run under path toprotect tree routes

Scale : Plan 1:100@ A1

Date: Jan 2014

Drawn: NC/LSChecked: LD© Crown Copyright and

database rights 2013.Ordnance Survey 100019566.

O:\DUE\EcoRegen\Design&Proj\Landscape\Project\M300 Dudley Market Place Oct 2012 onwards\lighting\Churches - consent by Faculty\M300 48 & 49 Proposed Church Lighting (pre-app)\M300 48 REV E St Eds Proposed Church Lighting.dwg