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Split Decision20 January 20263333923

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

Planning appeal 3333923 at Land at Chilmington Green, Ashford Road, Great Chart, Ashford, Kent, TN23 3DT (Kent County Council) was allowed in part (a split decision) on 20 January 2026 by Inspector Kean G, following an inquiry. The main issue, as the Inspector framed it: 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.

Discharge or modification of planning obligations in the s106 agreement (27 February 2017) securing the Outline Planning Permission (Ref 12/00400/AS) for a comprehensive mixed-use development of up to 5,750 residential units, employment, retail, education, community, leisure uses, open space and transport infrastructure at Chilmington Green.

Authority
Kent County Council
Appeal type
other · Section 106 Agreement
Procedure
Inquiry
Development
residential · Not Applicable
Inspector
Kean G
Postcode
TN23 3DT

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.

What the Inspector cited

Development plan policies
Policy CG1Policy CG18Policy CG8Policy CG10Policy CG15Policy CG17Policy IMP4Policy SP1Policy ENV1Policy COM1Policy COM3Policy HOU1Core Strategy Policy CS1(G)
Judgments
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

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Kent County Council

The authority’s record since 2016 · every decision in 2026

  1. Unknown12 March 20263376031
    Appeal 3376031
  2. Unknown2 March 20263347586
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  3. Unknown10 December 20253362633
    Appeal 3362633
  4. Unknown7 November 20253359373
    Appeal 3359373
  5. Unknown20 October 20253354382
    The Moor, Hawkhurst, Cranbrook, TN18 4NX

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.