Article 4(1) DirectionatSun Clock Tower,Ascot Road,Watford:28thJune 2013

Request for Direction to be Confirmed

Request from Urban Design and Conservation Manager to Development Manager to confirm an Article 4(1) Directionin respect of Building and Land at Sun Clock Tower, Ascot Road, Watford.

IMPLICATIONS

Key Policies and General Policies

The site is located within the Holywell ward of Watford Borough. The special architectural value of the property has been identified in the Locally Listed Buildings in Watford document (Adopted: December 2010) and the Watford Borough Council Cabinetapproved the property as a Locally Listed Building on the 13th December 2010.

Paragraph 200of the National Planning Policy Framework (2012) states that theuse of Article 4 directions to remove national permitted development rights should be limited to situations where this is necessary to protect local amenity or the wellbeing of the area (this could include the use of Article 4 directions to require planning permission for the demolition of local facilities).

The Article 4(1) Directionaims to protect the character and appearance of the Sun Clock Tower and is in line with the Council’s Corporate Objectives (1. Improve the health of the town and enhance its heritage), as well as policies contained within the adopted Watford District Plan: 2000 (2003).

Financial

Officer time only for ensuring the appropriate notices and public notification are issued/carried out. There is the possibility that compensation may be payable if the Direction is confirmed and planning permission for development that would otherwise be permitted is subsequently refused.

RECOMMENDATIONS

That aDirection under Article 4(1) of the Town and Country Planning (General Permitted Development) Order 1995 be confirmed withdrawing the permitted development rights conferred by the order for the categories of development set out in paragraph 8 of this report In respect of the Sun Clock Tower, Ascot Road, Watford.

BACKGROUND

1.The Sun Clock Tower wasbuiltin 1934 for use as a pump house for the Sun Engraving Company, who had a large printing works on the adjacent site.It is an ornately decorated Art Deco style building, which is unusual in terms of form and composition and retains many of its original features. The structure is a landmark building next to one of the major junctions on the edge of Watford. The unusual building form gives visual interest and adds distinctiveness to the local area. It is now the only surviving building from the printing works, which was historically a major employer in the town.

2. Watford Borough Council has been engaged in a legal dispute with the current owner of the Sun Clock Tower, Mr Stuart Taylor, following the occupation by Mr Taylor of an adjacent portion of land that is owned by the Council. Following legal proceedings for trespass, the matter was heard by a judge at Watford County Court on the 12th November 2012. The judge ruled in favour of Watford Borough Council on the 13th November 2012.

3.In the December 2012 edition of the local news publication ‘MyWatfordNews’, Mr Taylor was quoted as saying: “I’ve considered with all the loses which have occurred and the destruction of an individual businessman it seems the best way forward is to apply for a demolition order”. Following this development, it was considered that an identifiable threat to the Locally Listed Building existed and that an Article 4 Direction was required to protect it from possible demolition.

4.The local planning authority has the power under Article 4(1) of the Town and Country Planning (General Permitted Development) Order 1995 to make a Direction withdrawing certain permitted development rights, where it is satisfied that such development should not be carried out within the area unless planning permission is granted for it on application. The permitted development rights that may be withdrawn by an Article 4(1) Direction include the painting of the exterior of any building or work (Part 2, Class C) and demolition (Part 31).

5.As set out in the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010, the power under Article 4(1) applies to a range of development that would materially affect some aspect of the external appearance of a property, such as building frontages. The Direction requires a period of public consultation, which must be a minimum of 21 days long. The order must be confirmed by the issuing authority within six months of it having been made. No responses were received from representatives of the Sun Clock Tower by the Council.

6.There is no requirement to obtain the Secretary of State’s approval for Article 4(1) Directions, but the local planning authority is required to send a copy of the direction as confirmed.

7.It is the view of the Urban Design and Conservation Manager that the following categories of permitted development could still threaten the character and appearance of the Sun Clock Tower:

.painting of the exterior of the building;

.demolition of the building.

8.Authority is therefore sought to confirm the Article 4(1) Direction in respect of the Sun Clock Tower,Ascot Road,Watford, withdrawing the following permitted development rights conferred by the Town and Country Planning (General Permitted Order) Order 1995:

Part 2 Class C: The painting of the exterior of any building or work.

Part 31 Class A: Any building operation consisting of demolition of a building.

Recommendation:

Power to make an Article 4(1) Direction is delegated to the Development Manager.

For the reasons set out above it is my view that an Article 4(1) Direction should be confirmed. Therefore, this is a formal request to sign and confirm the notice attached to this request. Could you please confirm that you concur with this approach and will sign the relevant notice.

Sian Finney MacDonald

Urban Design and Conservation Manager

28thJune 2013