Minister orders council to carry out Regulation 19 consultation on emerging plan

In a letter to the local authority’s Leader, Matthew Pennycook said he was extremely concerned that a decision taken by the council last week (3 September) not to progress the emerging plan placed Tonbridge and Malling’s ability to meet the 31 December deadline for plans to be submitted under the legacy plan-making system "in serious jeopardy".

The Minister said: “This decision risks undermining the time and resources invested in the Plan’s preparation to date and increases the likelihood that plan-making would need to restart under the new system, resulting in further delay to getting an up-to-date local plan in place.

“It also deprives local communities of a timely opportunity to consider and comment on the council’s Regulation 19 draft Plan, creating further uncertainty for residents, businesses and stakeholders alike.”

In his letter Pennycook highlighted that the existing Local Plan is 19 years old and that Tonbridge and Malling has consistently delivered below the target set by the standard method.

In addition to ordering Tonbridge and Malling to commence a Regulation 19 consultation by no later than 11 September, the Minister has also directed the council to:

1. Submit the emerging Plan consulted on under the above direction by no later than 31 December 2026 with any proposed minor modifications necessary after full consideration of representations received at consultation. “Should proposed modifications be more significant this should be set out to the Secretary of State, to consider whether further action is necessary”;
2. Not to take any step to withdraw the Plan and report monthly (from the date of the letter) to MHCLG officials on the progress of the Plan;
3. Progress the Plan up to the end of the examination process.

Pennycook has also directed Tonbridge and Malling to publish a revised Local Development Scheme by 11 September to reflect the milestones set out in his letter.

Commenting on the Government’s intervention, Cllr Matt Boughton, Leader of Tonbridge and Malling Borough Council, said: “Councillors were firm that we should not pursue the Local Plan until there was a guarantee of water supply to every property the Government wishes to see built across the borough.

“This intervention by the Government flies in the face of the devolution agenda, aimed at empowering communities. The Government should not use its powers to overrule democratically elected councillors and insist we proceed with the Local Plan on these numbers, despite there being no guarantee of water supply.

“We are considering our next steps and the decision last night was clear that the council will continue to work with Government and South East Water, but we will encourage every resident to tell the Government that we should not be planning to build more homes than our water infrastructure is capable of delivering, now and in the future.”