Oldham Metropolitan Borough Council

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Section 106 Planning obligations

In considering an application for planning permission, the Council may seek to secure benefits to an area or restrict uses or activities related to a proposed development through the negotiation of a ‘planning obligation’ with the developer. Such obligations, authorised by section 106 of the Town and Country Planning Act 1990 (hence the name), generally either improve the quality of the development, or overcome difficulties which would otherwise result in planning permission being refused.

Examples of the use of planning obligations:

• Provision of affordable housing;
• Improved community facilities - Public open space / play areas, educational facilities;
• Improved transport facilities - contributions have previously been used towards Oldham bus station, park and ride and provision of cycle lanes;
• Public art;
• Renewable energy measures;
• Specific measures to mitigate impact on a local area - parking restrictions, landscaping or noise insulation;
• Restrictions and obligations on the use of land.

This list is not exhaustive. Each planning application and section 106 obligation is dealt with individually on its merits and restrictions and requirements not on this list may also be needed. The picture below shows improvements made to St Chad's Play Area in Uppermill.

Planning permissions can therefore be subject to conditions or planning obligations enabling proposals to go ahead which might otherwise be refused.

For further information on how the Council calculates Section 106 sums please see the Good Practice Guide (revised October 2007) (PDF 70Kb).

Reports to Planning Committee

For more information on how the resources are used and managed and some of the projects that have been completed please see the reports below:

• Full list of all signed Section 106's and Planning Obligations (Aug 2008) (PDF 116Kb)
• Report to Planning Committee (October 2007) (PDF 1237Kb)
• Report to Planning Committee (August 2006) (PDF 645Kb)
• Appendix 1 to above report, August 2006 (complete list of all signed Section 106's) (PDF 102Kb)
• Report to Planning Committee (November 2005) (PDF 674Kb)
• Report to Planning Committee (May 2005) (PDF 635Kb)
• Appendix 1 to above report, May 2005 (complete list of all signed Section 106's) (PDF 140Kb)
• Appendix 2 to above report, May 2005 (context & management of Planning obligations within Oldham Council) (PDF 98Kb)
• Report to Planning Committee (August 2004) (PDF 757Kb)
• Appendix 1 to above report, August 2004 (complete list of all signed Section 106's) (PDF 143Kb)
• Report to Planning Committee (December 2003) (PDF 245Kb)

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