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Tonbridge and Malling council is to defy the Government planning inspectors who are threatening to throw the borough's whole Local Plan scheme off course.
The council had thought it was on the home run after it submitted its Local Plan to the Planning Inspectorate for approval - and inspectors Louise Crosby and Luke Fleming had even begun holding the final public inquiry last October before calling an abrupt halt.
The inspectors said the council had not fully met its "Duty to Co-operate" with neighbouring boroughs - in particular Sevenoaks, which had said it could not provide enough space for all the new homes needed to meet its Government imposed target, and has submitted one for less.
The inspectors said Tonbridge and Malling had failed to enter into constructive talks with Sevenoaks to see if it could help out - even though Sevenoaks hadn't asked it to.
The inspectors acknowledged that no other boroughs had complained about a lack of co-operation from Tonbridge and Malling, but said the issue had been raised by others.
It didn't matter that Tonbridge and Malling had submitted a plan that met its own housing targets, it had failed to show "legal compliance."
In a letter to planning policy manager Ian Bailey, dated March 2, the inspectors said they were unmoved by the boroughs's arguments and they gave the council an utimatum: "Either withdraw the plan from examination or we will write a final report recommending its non-adoption because of a failure to meet the Duty to Co-operate rules."
The inspectors added: "This is now our final position on the matter."
If the planning inspectorate does not permit the council to adopt a Local Plan, the borough is thrown into a situation of "planning by appeal."
Without being able to show it has a schedule for considered housing provision, it will be forced to accept every application submitted - good or bad - or lose the case at appeal.
Cllr David Lettington, the cabinet member responsible for planning said: "We are extremely disappointed by the inspectors’ response and we plan to ask the Secretary of State to intervene in this matter.
"The actions of the inspectorate risk a substantial delay in having a local plan for housing in Tonbridge and Malling and run contrary to the government’s stated aims of ensuring 300,000 homes a year are built nationally."
Cllr Lettington said: "Failing our plan will do nothing to address the shortfall in plans for Sevenoaks but does mean that the housing needs of Tonbridge and Malling will not be met."
The council will not withdraw its plan and will instead ask the Secretary of State Robert Jenrick to over-rule his inspectors.
Ironically the Government is currently assessing the results from a planning White Paper consultation called Planning For The Future which proposed reforms to the planning system - one of which was the abolition of the duty to cooperate rule.
Read more: All the latest news from Malling
