Role of the county council
4.1 In most circumstances, we would not expect Kent County Council to need to be a signatory to any section 106 agreement. However, in circumstances where the relevant obligation would require the County to give reciprocal covenants to TMBC and/or the relevant developer, then the County will be required to be a signatory.
4.2 Kent County Council is a key service and infrastructure provider within Tonbridge and Malling Borough. As such, it is important to recognize the need for a collaborative working approach between the County and Borough Council in securing necessary planning obligations. As part of this, Tonbridge and Malling Borough Council undertakes to:
- Highlight to developers at the pre-application stage the need to engage with the County Council to establish what requirements they might have in order to incorporate into the finalised proposal and application submission (and for this to be enshrined within the planning performance agreement where applicable and possible to do so);
- Consult the County Council on all applications for major development across the Borough and invite views on likely infrastructure and services required;
- Request that the County Council at all times clearly sets out the basis on which infrastructure or other contributions are required and provides this information by a specified deadline;
- Fully consider any representations from Town Councils, Parish Councils and other community groups seeking contributions where they are in accordance with the adopted development plan and have been fully evidenced.
- Ensure the County council has sight of, and were able to provide comments on, draft agreements where we are collecting contributions on items which would ultimately be delivered by the County Council.
4.3 Tonbridge and Malling Borough Council are the local planning authority that will have the ultimate responsibility for the determination of planning applications across the Borough. To assist the Council’s assessment of any proposals and the need for planning obligations, the County Council will be expected to clearly stipulate the type of infrastructure contributions required to make the development acceptable in planning terms having regard to adopted policy and established evidence base and reasoned justification for the contributions sought.
4.4 The Borough Council’s Development Management case officer will be responsible for leading and coordinating all negotiations regarding planning obligations. Where developer approaches are made at a pre-application stage direct to the County Council, the Borough Council should be copied in to any advice given. Once an application has been formally submitted, any such approaches should be directed back to the relevant case officer with any appropriate advice or guidance to assist negotiations.