Land at Chilmington Green, Ashford Road, Great Chart, Ashford, Kent, TN23 3DT

Authority: Kent County Council
Appeal type: other · Section 106 Agreement
Procedure: Inquiry
Development: residential · Not Applicable
Inspector: Kean G

Main issues, as the Inspector framed them

What is the current obligation, what purpose does it fulfil, is it a useful purpose, and would it serve that purpose equally well if modified as requested, applying the tests in s106A of the Town and Country Planning Act 1990

What decided it

The Inspector's conclusion that scheme-wide financial viability is not a relevant factor under s106A/B and that most obligations continued to serve their original useful purposes despite the Appellant's viability case.

Plan policies cited: Policy CG1, Policy CG18, Policy CG8, Policy CG10, Policy CG15, Policy CG17, Policy IMP4, Policy SP1, Policy ENV1, Policy COM1, Policy COM3, Policy HOU1, Core Strategy Policy CS1(G)

Judgments cited: R (Garden and Leisure Group Ltd) v North Somerset Council [2003] EWHC 1605 (Admin); R (Renaissance Habitat Ltd) v West Berkshire Council [2011] JPL 1209; R (Mansfield DC) v SSHCLG [2018] EWHC 1794 (Admin); R on the Application of Millgate Development Limited and Wokingham Borough Council [2011] EWCA Civ 1062; The City of York v Trinity One (Leeds) Limited [2018] EWCA Civ 1883; R on the application of Hodson Developments (Ashford) Ltd & Ors v Ashford Brough Council & Anor [2022] EWHC 3466 (Admin); Sosmo Trust v Secretary of State for the Environment [1983] JPL 806; Good v Epping Forest District Council [1994] 1 WLR 376; R (on the application of the City of York) v Secretary of State for Housing, Communities and Local Government [2018] EWHC 2699 (Admin); Warwickshire v Powergen (1998) 75 P & CR 89; R. (on the application of Mansfield District Council) v. Secretary of State for Housing, Communities and Local Government [2018] EWHC 1794, Administrative Court

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.