Housing Minister Matthew Pennycook has rejected Tonbridge and Malling Borough Council leader Matt Boughton’s request to withdraw or amend the Government’s direction requiring the council to progress its emerging Local Plan, despite concerns raised about water supply and infrastructure capacity.
In a letter dated 2 November 2026, addressed to Cllr Boughton, the Minister of State for Housing and Planning confirmed that the directions issued on 4 September remain in force.
The council had written to the minister on 11 September, arguing that exceptional circumstances justified reconsidering the Government’s intervention.
The dispute centres on concerns about whether sufficient water and wastewater infrastructure will be available to support the borough’s proposed housing growth. The emerging Local Plan includes proposals for 2,849 homes across nine sites in Tonbridge alone, and its Regulation 19 public consultation closed on 25 October.
In his response, Mr Pennycook said he did not consider that exceptional circumstances had been demonstrated to justify withdrawing or modifying the directions.
Government says concerns must be supported by evidence
Addressing the council’s concerns about water capacity, the minister acknowledged that infrastructure constraints can be a material consideration in planning decisions.
However, he said that where there is clear evidence that a regulatory regime is not operating effectively, any departure from the general planning approach must be based on substantive evidence, rather than a precautionary approach.
He added that the planning system should not become a proxy regulator for the water industry.
The letter points out that water companies have a statutory duty to provide new water and sewerage connections and must plan for future growth through their water resources and wastewater management plans.
Mr Pennycook also referred to the Government’s Water Delivery Taskforce, chaired by Minister Hardy, which was established to ensure water companies deliver their planned investments in water and wastewater capacity.
The letter highlights that South East Water’s former Chief Executive was summoned in April 2026 to answer for the impact that a lack of delivery was having on Local Plans and the supply of new housing.
It says the company has since been working with Defra, the Ministry of Housing, Communities and Local Government and regulators to explore short-term options to provide a reliable water supply for existing and new communities.
Independent examination will consider infrastructure
While rejecting the council’s request to change the directions, the minister said that ensuring development is supported by appropriate infrastructure, including water, is a key function of a Local Plan.
He said it would ultimately be for the independent Planning Inspector to examine the evidence supporting the emerging plan and consider the extent to which it appropriately addresses the borough’s infrastructure needs.
This will form part of the assessment of whether the Local Plan can be found sound and proceed towards adoption.
Mr Pennycook also welcomed the collaborative work being undertaken by the council and other relevant parties to identify solutions where additional capacity could be created through local intervention.
The letter concludes by saying the Government expects the council to continue progressing the Local Plan as directed. The minister also said he looks forward to receiving monthly updates on progress as the plan moves towards submission for examination.
Following the response, Cllr Boughton said the council was considering what options were available to it.
Related from Tonbridge Bean
- Last Chance for Tonbridge Residents to Comment on Local Plan – 09 October 2026
- Tonbridge and Malling Leader Challenges Government Directives as Local Plan Consultation Opens – 16 September 2026
- Government Overrules Council to Force Ahead with Tonbridge & Malling Local Plan – 06 September 2026
- Tonbridge & Malling Advances Final Local Plan Draft Ahead of Key September Council Vote – 29 August 2026
- Public Consultation on Draft Local Plan to Open November 2025: Tonbridge and Malling Seeks Public Input on Borough’s Future – 24th October 2025
Sources
- Matt Boughton, Leader of Tonbridge and Malling Borough Council – Facebook account – 05 November 2026
- The Rt Hon Matthew Pennycook MP letter to Cllr Matt Boughton – 02 November 2026
- Tonbridge and Malling Borough Council, Local Plan – Local plan – Tonbridge and Malling Borough Council (as of 09 October 2026)
- Cllr Matt Boughton letter to The Rt Hon Matthew Pennycook MP – 11 September 2026
Written by John
John is the ‘news’ editor for the Tonbridge Bean. Writing about all things politics and local development. He is particularly passionate about seeing a thriving High Street.
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