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High Court dismisses Maidstone judicial review bid of s.106 cash

Words: Huw Morris

The High Court has rejected a bid by Maidstone Borough Council for a judicial review into how Kent County Council released developer contributions for a road project.

Kent had asked the borough to release £200,000 in Section 106 contributions for surveys and traffic modelling into a Leeds-Langley bypass. Maidstone told the court the contributions should be used for junction improvements.

The High Court ruled Kent was acting within its statutory powers and ordered the borough to pay £9,000 costs.

Maidstone leader Martin Cox said he was disappointed by the decision but that the fundamental reasons for launching the legal challenge remain. The borough is considering the ruling and reviewing its options.

“Section 106 money, identified through the planning process in order to mitigate against the impact of specific developments, should not be used for any other purpose, other than that it is intended for,” he added. “To use the money otherwise means that measures to reduce the impact of traffic arising from housing developments in the borough in the foreseeable future is compromised. In my view, this is detrimental to the communities of Maidstone and, is therefore, unacceptable.”

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