High Court determines challenge to the…

The High Court has handed down judgment in R (ArcelorMittal Kent Wire Ltd) v Medway Council [2026] EWHC 40 (Admin), dismissing the claimant's judicial review of the Council’s outline planning permission for the redevelopment of part of Chatham Docks (Basin 3) granted to Peel L&P Ports No.3 Ltd. The Court (Chamberlain J) held that, properly construed, the permission did not authorise primary Class E(g)(i) office use; the operative grant incorporated the application, which was expressly confined to E(g)(ii), E(g)(iii), B2 and B8, and conditions 26–27 could not lawfully expand the scope of the grant.

On alleged officer misdirection, the Court applied the Mansell principles and found the committee was not materially misled: condition 27 lawfully requires a scheme demonstrating the mix and enables control against Policy ED1 “in spirit”, without guaranteeing 18,000m² B2/B8 on its face.

On Policy ED1, the Court rejected a misinterpretation challenge: officers acknowledged a lack of strict compliance with the first limb but assessed “broad accordance” with policy aims, which was a planning judgment rather than an error of law.

Rupert Warren KC and Ben Fullbrook acted for the Claimant.

Jenny Wigley KC acted for the Defendant.

David Elvin KC and Matthew Henderson acted for the Interested Party.

The judgment is available here.