Court confirms that alleged policy non-compliance and ‘scope creep’ are matters of planning judgment, not permission construction (Arcelormittal Kent Wire Ltd v Medway Council)
Planning analysis: In ArcelorMittal Kent Wire Ltd v Medway Council, the High Court rejected a judicial review challenge to Medway Council’s grant of outline permission for redevelopment at Chatham Docks, where the claimant argued the decision unlawfully permitted office use, was based on misleading officer advice about safeguarding B2/B8 floorspace, and involved a misreading of Local Plan policy ED1. The court held the permission, properly construed, did not extend beyond the application, the officer report and advice did not materially mislead members, and the alleged policy error was in substance a disagreement with planning judgment rather than an error of law.