Chilmington Green Section 106 Explained in Plain English

What is a Section 106 agreement?

A Section 106 agreement is a legal contract signed alongside a planning permission. It sets out what a developer must contribute to the area in exchange for being allowed to build. That can include money, land, buildings, footpaths, road improvements or affordable homes.

Think of it as the deal that turns a planning permission from “you can build here” into “you can build here, and here is what you will provide alongside the homes”. Without Section 106, the link between new homes and the services they need would be much weaker.

What might a Section 106 cover at a development like this?

• Affordable housing as part of the overall mix
• Land or contributions for new schools
• Highway improvements, including parts of the A28 Chart Road scheme
• Footpaths, cycle routes and crossing points
• Public open space and play areas
• Healthcare contributions
• Long-term management of shared spaces (often via a body like the CMO)

Why does Section 106 matter at Chilmington Green?

Building thousands of homes generates real impacts: more traffic, more school-age children, more pressure on healthcare, more demand for public space. Section 106 is one of the main tools councils use to make sure those impacts are handled.

At a development of this scale, the cumulative effect of Section 106 contributions is huge. They underpin much of the infrastructure described in our overview of Chilmington Green, and they are why the area is supposed to grow with - not ahead of - the services it needs.

What happened in 2026?

Section 106 arrangements at Chilmington Green have been the subject of discussion between councils and developers. We do not list specific case outcomes here unless they are clearly confirmed by official sources. We will continue to update this page as decisions are publicly confirmed.

Where decisions have been published - for example through council planning committee papers - we will summarise them in plain English and link to the original source. The latest update page is the best place to follow the most recent position.

Why were changes requested?

Developers can ask for changes to Section 106 agreements when they believe the original obligations are no longer affordable or deliverable. Councils have to weigh that against the wider public interest of getting the infrastructure and facilities a new community needs.

Common reasons for renegotiation include changes in build costs, market conditions, viability assessments and timing of phases. The legal route is generally a Section 106A modification application or an appeal to the Planning Inspectorate.

How can the public see what is going on?

Most planning documents - including draft and signed Section 106 agreements, viability assessments and committee reports - are published on the Ashford Borough Council planning portal. Some viability information is sometimes redacted, but the headline obligations are usually visible. The same portal is the right place to check applications related to specific phases.

How is this linked to Hodson Developments administration?

If a developer with major Section 106 obligations enters administration, councils need to look at whether those commitments can still be honoured and how. That is why the two issues are often discussed together.

Read about Hodson Developments administration.

If land changes hands during or after administration, the relevant Section 106 obligations generally transfer with it. That makes the identity of any new landowner - and their willingness and ability to deliver - a key part of the story for residents.

Why residents should care

• Section 106 helps fund roads, schools and community space
• It influences whether facilities arrive on time
• It affects how safe and well-connected the area becomes
• It helps determine the long-term quality of the new community
• It shapes how much affordable housing is delivered
• It affects whether shared spaces are properly maintained for years to come

What should happen next?

Watch for clear council updates on Section 106 outcomes, infrastructure funding and any changes that might affect the timing of roads, schools or facilities at Chilmington Green.

Section 106 versus the Community Infrastructure Levy (CIL)

Some councils also use the Community Infrastructure Levy to fund infrastructure from new development. CIL is a fixed charge per square metre, used for broader infrastructure across an area, while Section 106 is targeted at site-specific impacts. The two tools work alongside each other rather than replacing each other.

Common myths about Section 106

• “Developers always wriggle out of it.” Not always. Many obligations are delivered exactly as agreed; the renegotiations that make headlines are the exception, not the rule.
• “Section 106 pays for everything.” No. It is one funding route alongside council budgets, government grants and CIL.
• “Once signed, it is set in stone.” Agreements can be modified, but only through specific legal routes and with public scrutiny.

Official links

• UK Government - planning obligations (Section 106)
• Ashford Borough Council planning portal
• Ashford Borough Council
• Kent County Council