Chilmington Green Section 106B planning appeal dismissed by Planning Inspector

This concerned requests by Hodson Developments to discharge or modify 122 planning obligations.

The Planning Inspectorate dismissed the appeal lodged by Hodson Developments regarding the Section 106 obligations at Chilmington Green development (up to 5,750 homes, and infrastructure including schools and community facilities). The outcome is a significant win for Kent County Council, Ashford Borough Council and the local community, as most of the developer’s requests were rejected.

A planning inquiry was held in spring last year. The Planning Inspector considered whether each obligation still served a “useful purpose” under the statutory tests in the Town and Country Planning Act 1990.

The vast majority of requests to discharge or modify obligations were dismissed, with the Inspector concluding that the existing Section 106 obligations remain necessary and proportionate to the development’s impacts.  This includes the need for the A28 dualling scheme (and associated bond) to mitigate the impact of the Chilmington Green development, new primary schools and other community related facilities.  

The Inspectorate’s decision reinforces the principle that planning obligations should be retained unless there is clear evidence they no longer serve a useful purpose.
The timely delivery of facilities and infrastructure provision remain central to the vision for Chilmington Green.

KCC’s Cabinet Member for Economic Development and Special Projects, David Wimble, said “Kent County Council is committed to defending the interests of residents by ensuring any new build developments deliver the necessary financial contributions to achieve community infrastructure such as roads and schools that can meet the needs of the new population.

“KCC worked closely with Ashford Borough Council to robustly defend the need for delivery of critical infrastructure at Chilmington Green. Together, we ensured that the obligations secured through the original planning agreement remain in place, safeguarding essential investment in roads, schools, and community facilities for the benefit of residents and future generations.”

Planning Inspectorate decision in more detail

Education

The Appellants’ application to discharge the requirement for a fourth primary school was dismissed. It was found that the obligation to provide a fourth primary school remained a useful purpose, as at this stage there can be no certainty it will not be required. Similarly, the requests to delay deliver of primary schools two and three were rejected.  The Inspector found that “KCC is open to a monitor and manage mechanism such that the occupation triggers would be pushed back as appropriate, as clearly school places should be delivered in line with demand, but there remains the need for formal triggers and obligations to provide certainty.”

The Appellants’ proposal to discharge the requirement for bonds for all primary schools was dismissed. The Inspector clarified that the requirement for bonds to provide financial surety was common practice, and served a useful purpose, noting that KCC had had to call in the bond for primary school 1.

Requests to amend the Secondary School obligations were withdrawn prior to the inquiry.

Highways Infrastructure and Bonds

The provision of the A28 dualling scheme is required to avoid severe residual cumulative impacts on the highway network from the Chilmington Green development.  The Inspector found that the scheme has to be stopped or delayed unless and until made acceptable in planning terms by providing security for the A28 improvement works to mitigate the impact of the Chilmington Green development.

The request to discharge the obligation for an infrastructure bond for the A28 dualling scheme was dismissed.

The Inspector found that these bonds provide essential security for public investment and ensure infrastructure is delivered alongside housing. The Inspector noted that inability to obtain a bond due to market conditions or developer financial strength does not remove the need for such security.

Environment and Social Contributions

Obligations for ecological enhancement, public art, archaeology, library, youth services, and social care contributions were upheld. The Inspector found these continue to serve useful purposes in mitigating the impacts of development and supporting the wider community.

ENDS