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Planning Information / Constraints

There are many issues that are taken into account when the Planning case officer considers an application. Information about the common constraints is listed below.

Article 3/4 Directions

These are issued by the Council where specific control over development is required in conservation areas, primarily where the character of an area of acknowledged importance would be threatened.

Such Directions are usually applied over an area rather than an individual property and are registered as a Local Land Charge, so that you will normally be aware of their existence.

The effect of such a Direction is to remove permitted development rights, thereby necessitating a planning application to be made.

Flood Risk

Around 5 million people, in 2 million properties, live in flood risk areas in England and Wales. The Environment Agency has an important role in warning people about the risk of flooding, and in reducing the likelihood of flooding from rivers and the sea. We have to consult the agency on applications that are in areas at risk from flooding. Planning Policy Statement 25 ‘Development and Flood Risk’ and its associated Practice Guide set out Government policy and advice on the subject.

The UDP Proposals map identifies the areas flood risk in Oldham. The information was updated in June 2006.

Further information is available from the the Environment Agency website, including a search by Postcode.

Contaminated land

The Council’s Pollution Control team are responsible for commenting on planning applications where there may be issues relating to contaminated Land or a landfill site. For further details, please see our Pollution Control - Contaminated Land page in the A to Z of Services section of the website.

TPOs

The Council has specific powers to protect trees by making Tree Preservation Orders. There are currently over 400 tree preservation orders (TPOs) across the Borough.

Please see our Protected Trees page for more information.

Conservation Areas and Areas of Outstanding Natural Beauty

There are currently 36 Conservation Areas in Oldham. The Council, as Local Planning Authority, is obliged to identify areas of special architectural or historic interest; the character or appearance of which it is important to preserve or enhance. Designating a conservation area is a statement of intent by the Council to protect and, where possible, improve upon its special qualities.

Please see our Conservation Areas page for more information.

An Area of Outstanding Natural Beauty (AONB) is an area of countryside with significant landscape value in England, Wales or Northern Ireland, that has been specially designated by Natural England.

You can find more information on the Natural England website.

The primary purpose of the AONB designation is to conserve and enhance the natural beauty of the landscape, with two secondary aims:

  1. meeting the need for quiet enjoyment of the countryside
  2. having regard for the interests of those who live and work there.

To achieve these aims, AONBs rely on planning controls and practical countryside management.

Listed Buildings

Buildings of "Special Architectural or Historic Interest" are "listed" by English Heritage.

The "listing" of a building provides statutory protection against alteration or demolition which would damage its special architectural or historical interest. Owners of listed buildings may have to apply for consent to undertake work, both internally or externally, over and above that required for planning consent.

Please see our Listed Buildings page for more information on Oldham’s Listed Buildings.