Planning obligations
What are Section 106 Planning Obligations?
Section 106 of the Town and Country Planning Act 1990 allows a Local Planning Authority to enter into a legally binding agreement or planning obligation with a developer in association with the granting of planning permission.
Section 106 agreements are used when it is considered that a development will have negative impacts that cannot be dealt with through conditions in the planning permission. They may require the developer to undertake particular works or provide specific services. Alternatively, they could involve the payment of a financial contribution, also know as a ‘commuted sum’, to the city council to deliver agreed works, services or maintenance.
Section 106 Process
The city council uses the following two stage process when applying Section 106 Contributions in order to mitigate the impacts of development.
Stage 1 - Mitigating the impact of development
1. Planning application received
2. Planning application assessed
Planning applications are assessed against the Planning Obligations Supplementary Planning Document and Housing Planning Guidance. These planning policies have been subject to extensive local consultation prior to adoption.
3. Section 106 agreement negotiated
Draft Section 106 agreement/planning obligation terms are negotiated and agreed in principle with the developer, as part of consideration of the planning application.
4. Planning panel approval
The planning application with requirement for a draft Section 106 agreement, is referred to Planning and Transportation Regulatory Panel for approval.
5. Representation by local members
Ward members are invited to attend and to make representations to the Planning and Transportation Regulatory Panel when applications within their ward are to be considered. This is an opportunity for ward members to propose measures that could mitigate the impacts of the development, for inclusion within the legal agreement, if the application were to be approved.
6. Identifying schemes to mitigate impacts of development
Following the grant of planning permission and the commencement of development, officers within the Sustainable Regeneration directorate identify key interventions which would mitigate the negative impacts of the development (as set out in the legal agreement signed with the developer). Central to this process is reference to both:
- relevant evidence based adopted council policy including Salford Greenspace Strategy Supplementary Planning Document; and
- local priorities, identified through Community Action Plans (CAP). Community committees from this year will be encouraged to structure each CAP to reflect the intervention areas that can be tackled with Section 106 contributions (as set out in the Planning Obligations Supplementary Planning Document)
These documents are drafted with full public consultation, and in the case of the Community Action Plans, are led by community representatives. These documents provide guidance as to priority interventions by area.
Stage 2 - Consultation and communication
7. Consultation
Following the identification of a scheme/measure that will mitigate the impacts of development, the city council will undertake consultation with local residents regarding the design and layout of such scheme.
The protocol requires that:
- Site notices be displayed in at least one place on or near the site where Section 106 contributions are to be invested. for not less than 21 days. If a multi-storey apartment block adjoins the site, where possible, site notices will be displayed within an appropriate communal area; and
- Notice, in writing, of the consultation process into a Section 106 funded scheme be given to any adjoining owner or occupier.
8. Reporting
An annual report is now submitted to community committees, Planning and Transportation Regulatory Panel and Planning Lead Member. This sets out details of contributions received and spent by community committee area.
Who to contact
- Name
- Tony Melia
- Address
- Sustainable Regeneration
Salford City Council
Civic Centre
Chorley Road
Swinton
M27 5BY
Map to this location - Telephone
- 0161 793 2063
- tony.melia@salford.gov.uk
This page was last updated on 6 February 2012
