Tonbridge and Malling Borough Council (TMBC) has formally launched its Regulation 19 Local Plan consultation under legal compulsion from central government, whilst simultaneously challenging the Secretary of State to withdraw the intervention.
Council Leader Matt Boughton has written a strongly worded response to Minister Matthew Pennycook, asserting that proceeding with the current framework is counterproductive, wasteful of taxpayers’ resources, and fundamentally flawed due to severe infrastructure limitations.
Council Pauses Plan Over Water Infrastructure Concerns
The friction between local and national leadership follows a decision made by Tonbridge and Malling Borough Councillors on 3 September to pause the Local Plan.
Despite extensive work undertaken to meet the Government’s prescribed housing targets and timelines, elected members refused to support the measure without verified infrastructure backing. Key areas of concern identified by the council include:
- Water Supply Shortages: Lack of confidence in South East Water’s capacity to support required housing growth without worsening regional shortages.
- Drainage Systems: Insufficient foul drainage infrastructure across the borough.
- Transport Strategy: Doubts surrounding the sustainability of the national “vision-led” transport model required by planning policy.
Despite these issues, Minister Pennycook issued a direct order within 24 hours directing the council to proceed immediately with public consultation.
Leader Warns Government Directives Risk Unsound Plan
In his correspondence with Minister Pennycook, Councillor Boughton warned that forcing the process forward compromises the plan’s legal viability.
“It is clear that it would be costly and counterproductive to progress a plan for which the majority of houses within it cannot actually be delivered and which therefore will not meet the soundness test. Such action would in fact actively frustrate the Government’s ambitions for housing delivery; potentially result in even more sustained water shortages throughout the borough… but also fail to provide a sound plan that can be legally adopted.”
Boughton highlighted that while TMBC launched the consultation to fulfill its statutory duty, the council maintains that the intervention ignores severe local realities.
“We have launched the consultation today because we are legally required to do so but we do not believe that this is a good use of taxpayers money or time. I hope that the Minister will see sense and let those of us that know and live in the local area make the right decisions for our borough.”
Regulation 19 Consultation Details
The Regulation 19 stage represents a formal statutory step before any plan is submitted to the Secretary of State for independent examination. Unlike earlier engagement phases, this consultation specifically assesses whether the proposed document meets legal standards and satisfies tests of “soundness”—meaning it is justified by evidence, deliverable, and aligned with national policy.
This draft incorporates evidence gathered over several years, alongside feedback from the Regulation 18 consultation conducted between November 2025 and January 2026.
Following the consultation closing date, TMBC is legally required to compile all submitted representations and forward them alongside the plan to the Secretary of State.
Residents, landowners, and local businesses can review the draft documents and submit formal representations directly via the official portal at www.tmbc.gov.uk/localplan.
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