A salutary warning about housing developments!
Chilmington Green is a new community in Ashford Kent intended to provide up to 5,750 homes, a district centre and community infrastructure. Hodson Developments obtained outline planning permission in 2017. Their partners are Ashford Borough Council, Kent County Council and Homes England, the government’s housing and regeneration agency.
The scheme included the provision of around £125 million under a s106 agreement towards local amenities including a secondary school, four primary schools, shops, healthcare, sports and leisure facilities and significant areas of public open space. Some residents have now moved into their new homes.
The developers have now submitted a proposal (as summarised on the Ashford Borough Council Planning website) to modify or discharge obligations contained in the section 106 agreement dated 27 February 2017 attached to planning permissions relating (among others) to affordable housing; carbon off-setting; combined heat and power; early community development; informal natural green space; children’s and young people’s play space; allotments; Discovery Park; cemeteries; Community Hub; Local Centre Hubs; education; ecology; A28 improvement works; off-site pedestrian and cycle links; provision of bus services; off-site traffic calming; public art and heritage interpretation.
Kent County Council have stated that they will fight the proposals. In relation to work on the A28 they say they have a duty to protect the network from negative impacts of traffic from new developments. [Does that sound familiar?] Ashford Borough Council have also said they will oppose the changes and that they want Chilmington Green to remain “the sustainable development it was planned to be”.
A Planning Inquiry will now decide whether Hodson Developments can withdraw from its promised funding commitments.
But imagine the uncertainty of those who had planned their future in Chilmington Green.
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Thought this was a recent submission from the developer but the Ashford BC website but in fact dates back over 2 1/2 years! And still no date for the planning enquiry. And after that, based on the Stag Enquiry, a further (3 to 6 months?) will be required for report/decision!
I for one was thinking of raising at the Stag Enquiry the principle of undertaking the S106 infrastructure and affordable housing commitments FIRST so that situations like this where a Council is threatened with a half-built development in place for years unless it caves in but it didn’t seem the right place/time to raise it.
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The appeals made in 2022 were initially refused by the Council. They did not advertise them as they argued they were defective. The developers amended them and later appealed to the Inspectorate for non-determination. Subsequently the Inspectorate validated the appeals and directed the authority to advertise them. The consultation period ended on 18 December 2024.
Paul’s central points that there are houses built when the infrastructure is not and that the process has taken an inordinately long time are well-founded.
Details from Ashford Borough Council regarding the Chilmington Green S106B appeal
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Interesting. As is common practice for developers, the Guildford developers are seeking to vary their obligations. it is a common device to get out of affordable housing commitments by appealing using visibility assessments citing reduced profit projections to a level below 20%. I have no recent figures but Shelter in 2017 published a report on research across 11 local authorities, covering nine of England’s biggest cities, to reveal the impact of viability assessments in urban areas across the country. It found that where viability assessments were used, new housing sites achieved just 7% affordable housing. The Stag Brewery starts from a low obligation proposal at this 6.1% and it was priginally 30%. Doubtless even the 6.1% will be at risk from this planning loophole.
https://england.shelter.org.uk/professional_resources/policy_and_research/policy_library/report_slipping_through_the_loophole_how_viability_assessments_are_reducing_affordable_housing_supply_in_england
http://www.gov.uk/guidance/viability
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