The Planning Inspectorate has rejected a major appeal by Hodson Developments to modify or discharge 122 planning obligations at the Chilmington Green site in Ashford. This decision ensures that the developer remains legally bound to the original Section 106 agreement, which covers the delivery of up to 5,750 homes alongside essential schools, community facilities, and infrastructure.
Following an inquiry held last spring, the Inspector ruled that the vast majority of the contested obligations still serve a “useful purpose” under the Town and Country Planning Act 1990. The ruling represents a significant victory for Ashford Borough Council and Kent County Council, affirming that the timely delivery of community benefits cannot be sacrificed for developer profit.
The Inspector explicitly clarified that financial viability is not an overriding factor in these cases; instead, the statutory test focuses on whether the obligations remain necessary and proportionate to the development’s impact. Consequently, requests to reduce affordable housing, delay community hubs, or remove extra-care housing were all dismissed to ensure the long-term sustainability of the garden community.
Furthermore, the Inspectorate upheld requirements for infrastructure bonds and the stewardship model managed by the Chilmington Management Organisation. Even if a developer faces difficulty securing bonds due to market conditions, the Inspector noted that such security remains essential for public investment.
Cllr Linda Harman of Ashford Borough Council welcomed the decision, stating that the council will not tolerate breaches of these agreements. She emphasized that infrastructure must be built in tandem with housing to create a high-quality environment, rather than being deferred to a later date.