The High Court has dismissed a challenge against plans to demolish Chatham Docks in Kent and replace it with a major business park known as Basin3. The proposed development, spearheaded by Peel Waters, aims to create a waterside campus covering 31,000 square meters, designed to attract businesses in growth sectors such as creative industries, manufacturing, and technology.
The legal battle stemmed from objections raised by ArcelorMittal Kent Wire, a steel manufacturer operating on the site. The company argued that repurposing the docks would have “seismic adverse consequences” for British industry and could lead to job losses. In their appeal, they claimed that Medway Council had acted unlawfully by granting permission for a development that did not adequately address the future use of the site.
Judicial Review Findings
The judicial review, heard by Judge Sir Michael Chamberlain in October, concluded in favor of Medway Council. The judge acknowledged the community’s divided opinion on the redevelopment, noting that the council’s decision was made with a narrow majority of eight votes to seven. However, he clarified that the court’s focus was not on the merits of the project but on the legality of the council’s actions.
ArcelorMittal’s case was built on three main arguments. The first claimed that the council had approved uses not included in the original application, specifically allowing office space on the site. Medway’s representative, Jenny Wigley KC, countered that the permission granted was clear and aligned with the application, which sought to facilitate research and development, general industrial, and storage uses.
The second argument alleged that planning officers misled the committee regarding the conditions ensuring that a portion of the site would remain dedicated to general industrial use. Rupert Warren KC, representing ArcelorMittal, suggested that officers had not provided a clear interpretation of the conditions. Judge Chamberlain found insufficient evidence to support claims of misleading information.
The third point contended that the redevelopment contradicted Medway Council’s 2003 Local Plan, which prohibits permissions outside of general industrial use. Sir Chamberlain determined that the application complied with the policy as explained during the planning committee meeting.
Future Prospects for the Development
The court also considered whether comments made by planning officers regarding potential future residential use of the site were misleading. Judge Chamberlain ruled that, since the current application did not include any plans for housing, the remarks made were factually accurate and thus not misleading.
Following the court’s decision, the development is expected to proceed, with Basin3 positioned adjacent to Medway’s university cluster and the Waterfront UTC school. The project is anticipated to generate numerous employment opportunities and enhance public access to the waterfront, including the creation of a new tree-lined promenade that will span over half a kilometer along the water basin.
Peel Waters has already invested over £200 million into the site, which has also facilitated the construction of more than 600 new homes. Leigh Thomas, development director at Peel Waters, expressed optimism about the ruling, stating, “This means we can now move forward with our plans for Basin3, transforming underused brownfield land into a modern, high-quality employment campus.”
Medway Council’s portfolio holder for planning, Cllr Simon Curry, echoed this sentiment, emphasizing the expected job creation and economic growth the project will bring to the area. The plans also include improved cycling and walking paths along the River Medway, enhancing community connectivity.
The decision was met with disappointment from ArcelorMittal, with former MP Kelly Tolhurst expressing her discontent. She voiced concerns over the implications for local industry and the potential loss of jobs, stating, “I’ve got a great sadness because they’ve won… the local council sided with a developer.”
As the community awaits the development’s progression, the impact of this ruling will be closely monitored, particularly by those concerned about the future of industrial activity in the Medway area.
