Local Plan Regulation 19
Birling Parish Council
Regulation 19 Local Plan consultation opens
A consultation has launched for Tonbridge and Malling’s Draft Local Plan, known as Regulation 19, following a legal direction from the Government to proceed with the plan-making process.
Tonbridge and Malling Borough Councillors had previously voted to pause the local plan at their meeting on 3 September. Whilst recognising the significant work that had been carried out to positively prepare a Regulation 19 Local Plan to meet the Government's requirements, including their prescribed housing target and timescales, councillors did not have confidence in the capacity of South East Water’s infrastructure to support the significant additional housing numbers required.
The Council also had major concerns about wider infrastructure delivery including foul drainage and the sustainability of the ‘vision led’ transport approach required by national planning policy.
The consultation, which it would be unlawful for the Council to not now undertake given the Government’s direction, gives residents, businesses, landowners and organisations the opportunity to make formal representations on the Plan before it is submitted for independent examination.
The draft Local Plan has been prepared using evidence gathered over a number of years and has been informed by comments received during the
Regulation 18 consultation, which took place between November 2025 and January 2026.
The Regulation 19 stage differs from earlier consultations as it focuses on whether the proposed Local Plan has been prepared in accordance with legal and procedural requirements and whether it is considered "sound". A sound plan is one that is justified by the available evidence, has been positively prepared, is capable of being delivered and is consistent with national planning policy.
Councillor Matt Boughton, Leader of Tonbridge and Malling Borough Council, said:
"Councillors were firm that we should not pursue the Local Plan until there was clear evidence that a water supply can be provided to every property the Government wishes to see built across the borough. As a result of the Government’s actions, we are lawfully bound to now proceed with this consultation and are inviting residents and interested parties to review the draft Local Plan and submit their comments. Our communities should rest assured however that we are also making the case to Government about the exceptional circumstances that we believe mean the Council should not progress further with the Plan at this time
"The council remains deeply concerned about the availability of water supply and infrastructure capacity to support the level of growth required by Government housing targets. However, it is important that residents take this opportunity to have their say through the formal process."
"This is an important stage, and I would encourage everyone taking part to review the draft Plan and supporting evidence thoroughly before submitting their comments, particularly on the areas that matter most to them. "
Following the consultation, the council is required to review and present the representations received and submit the Local Plan and supporting evidence to the Secretary of State for independent examination.
Details of the consultation, supporting documents and information on how to make representations are available at the council's Local Plan webpages - www.tmbc.gov.uk/localplan.
Contact Information
Parish Clerk
Find Birling Parish Council
Birling, West Malling, Kent