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January 2026 update

Section 106 Appeal Dismissed: A Community 'Win' at Chilmington Green

Last updated: July 2026

Short answer

On 22 January 2026, BBC News reported that a planning inspector had dismissed Hodson Developments' request to discharge or modify around £50m of Section 106 obligations at Chilmington Green. The obligations include a £30m contribution to the A28 Chart Road dualling scheme and millions more for schools and community infrastructure.

What was at stake

Chilmington Green's planning permission is tied to a large Section 106 agreement. That agreement secures money and land for the roads, schools, community facilities and open space needed to support up to 5,750 new homes. The most eye-catching single item is a £30m contribution towards Kent County Council's A28 Chart Road dualling scheme.

What Hodson asked for

As reported by BBC News and KentOnline, Hodson asked a planning inspector to discharge or modify those obligations. In practical terms, the request would have cut around £50m of committed developer funding for local infrastructure.

What the inspector decided

The inspector dismissed the request. Both Ashford Borough Council and Kent County Council described the outcome as a "win" for the community, because the obligations remain in place and can still be enforced.

In legal terms this is a Section 106A modification application heard by the Planning Inspectorate. Because the inspector was not persuaded that the obligations should change, the original commitments continue as written.

Why it matters

  • Around £50m of promised local infrastructure funding remains committed on paper
  • The £30m contribution to the A28 Chart Road dualling scheme stays part of the picture
  • School and community contributions tied to the site are protected
  • Councils have a stronger position when negotiating future delivery

The important caveat

Winning an appeal keeps obligations alive. It does not, on its own, guarantee delivery. In March 2026 - about two months after this ruling - Hodson Developments (Ashford) Ltd and four associated companies entered administration. That has raised fresh questions about who ultimately pays and when the money actually flows.

The likely path is that any land held by the companies in administration would be sold, with the Section 106 obligations transferring to the buyer. That is why the identity and ambition of any future landowner will matter as much to residents as the appeal outcome itself.

Sources

Frequently asked questions

What did Hodson ask for?

Hodson Developments asked a planning inspector to discharge or modify Section 106 obligations tied to Chilmington Green, including a £30m contribution to the A28 Chart Road dualling scheme and further millions for schools and other infrastructure.

What did the inspector decide?

The planning inspector dismissed the request. Ashford Borough Council and Kent County Council described the outcome as a 'win' for the community. BBC News reported the decision on 22 January 2026.

Does this mean the money is guaranteed?

No. Winning the appeal preserves the obligations on paper. Actual delivery still depends on the developer's ability to pay - which has since been affected by Hodson entering administration in March 2026.

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