Chilmington Green s106B Appeal

In May and October 2022, the Council received applications from Hodson Developments Ltd to change several of the planning obligations included in the Chilmington Green s.106 Agreement. These obligations set out what the developer will provide or help to fund, and when, as the Chilmington Green development is built out. The Council considered that these applications were not in the format required by the relevant legislation for such applications and consequently made the applications invalid. Because the applications were invalid the public was not notified of them.

In October 2023, Hodson Developments Ltd submitted an appeal to the Planning Inspectorate against the Council’s non-determination of their applications. The Inspectorate has validated the appeal and at the same time asked Hodson to provide additional documents to explain the changes proposed – these documents have now been submitted. The Inspectorate has asked the Council to publicise the application and appeal and provide the opportunity for the public to comment over a period of four weeks. Comments should be submitted to the Council and not the Planning Inspectorate, this is because the original applications were not publicised. We will forward all comments made by the deadline to the Planning Inspectorate. The publicity period ends on 18 December 2024.

The appeal documents can be viewed on our Public Register using the planning application search links inputting the following reference: AP-90647 & AP-90718.

Who can comment?

Anyone can comment on an appeal.

How can I comment?

• Email: planning.comments@ashford.gov.uk
• Post: By letter to – Planning Applications, Ashford Borough Council, Tannery Lane, Ashford, Kent TN23 1PL
• Make your views known to your Borough Councillor, Parish, or Town Council, who may wish to make representations on your behalf

By e-mail is the best method as it makes sure we have your comments quickly. If your preference is to submit a manual representation by post, we would suggest you allow time for postal delays in current circumstances.

All representations made by the deadline will be forwarded to the Planning Inspectorate and will be considered by the Planning Inspector when determining the appeal. Any representations submitted after the deadline will not usually be considered by the Inspector. All representations made will be published on the Council’s website, once the deadline for representations has passed.

The appeal will be determined by a Planning Inspector following a public inquiry. We will publish the date and time for this when it has been confirmed.

If you have questions about the appeal process or timetable then please contact the Planning Inspectorate via: helen.skinner@planninginspectorate.gov.uk.

The procedure to be followed is set out in the Town and Country Planning Appeals (Determination by Inspectors) (Inquiry Procedure) (England) Rules 2000, as amended.

For any group or organisation who wish to take an active part in the Inquiry, the opportunity is available to apply for what is known as Rule 6 status. Although unusual, there is also scope for interested individuals to take part on the same basis. Rule 6 status means that you would be able to present your evidence on a formal basis and cross examine the evidence of others. You can find guidance at the following link: View Rule 6 guidance on GOV.UK.

Arrangements for the Inquiry are currently being finalised by the Planning Inspectorate. These will include a pre-Inquiry conference call with the lead parties to deal with procedural and administrative matters, including how the evidence will be heard. As a Rule 6 party, it is anticipated that you would also be a part of that process. If, having read the above guidance, you wish to apply for Rule 6 status and/or have any related questions, you should contact the Planning Inspectorate immediately. If you are interested but are unable to access the guidance electronically, again, you should contact the Planning Inspectorate who will try and assist.

If, having read the above guidance, you wish to apply for Rule 6 status it is essential that you contact the Planning Inspectorate immediately.

You can get a copy of one of the Planning Inspectorate’s “Guide to taking part in planning appeals” booklets free of charge from GOV.UK at or from us.

When made, the decision will be published online at the Planning Inspectorate website.