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S106 developer contributions

A Deed of Agreement (Section 106) is a legal document set up following a large development planning approval and is between the developer and Maidstone Borough Council (MBC) Legal Department.  Marden Parish Council (MPC) produced a working document (Planning Policy No. 3 Developer Contributions) which has been sent to MBCon several occasions and is available to view under the Policies Tab of this website.  The Parish Council does not have any involvement/consultation in the S106 legal process.

All 6 developments (Highwood Green, The Parsonage, Appledown Grange, Russet Grove, Windsor Meadow and Vicarage Field) have S106 documents attached to the application and contributions are to be made to Education (Primary and Secondary), Libraries, Adult Social Services, Community Living, Youth Provision, Healthcare and Open Space.  Some documents also set out Highways contributions.

Kent County Council (KCC) is responsible for Education, Libraries, Adult Social Services, Community Living, Youth Provision and Highways however majority of the money is received  by MBC from the developer and then transferred to KCC.   MBC is responsible for Open Space, Healthcare and some Highways (ie railway station improvement)

Below is a breakdown of the contributions set out in the developer S106 agreements and precise details are given as to where this money can be spent and by what date.  Money cannot be transferred to other areas and if it is not spent by the specified date the developer can request that this is passed back to them.

Marden Parish Council is only notified of the amount of funds to be paid by the developer from the S106 document however this is index linked (which is why the first column of figures on the spreadsheets below differ from that which is finally received) and the final amount is provided by KCC/MBC on request.  MPC, along with all agencies, can only spend on the areas outlined in the document.

The latest information was received in November 2019 - however there are still some discrepancies which the Parish Council is taking up with MBC and KCC - this is currently being reviewed with the Clerk and Borough Councillor Russell in line with information received from MBC.

A breakdown of S106 monies received for Parish spending is given below:

MBC has devised a module to view monies received, although not complete, it allows you to see what has been received and what has been spent.  Maidstone PFM - Home (