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Motion on Chatham Docks’ place in the Medway Council Local Plan voted down due to legal advice saying it could enable legal challenges

A motion about the future of Chatham Docks was voted down amid claims it could lead to the collapse of a council’s Local Plan process.

At Medway Council’s full council meeting on Thursday (April 24), the Independent Group put forward its motion asking for officers to consider marking the site exclusively for employment use in the Local Plan.

A motion asking for officers to consider designating Chatham Docks employment land in the Local Plan was defeated over concerns of predetermination. Picture: Phil Drew
A motion asking for officers to consider designating Chatham Docks employment land in the Local Plan was defeated over concerns of predetermination. Picture: Phil Drew

It’s the second time it has done so, after originally tabling it in January.

The motion had previously been put forward by the Labour Group while they were in opposition in 2020 and 2021.

The first time the motion was produced, legal officers raised concerns even discussing the motion could open the authority up to challenges when creating its Local Plan and it was delayed while outside advice was sought.

The motion returned unchanged, but Bhupinder Gill, assistant director of law and governance at Medway Council, said it was still his opinion the motion should not be debated until the June meeting when the Local Plan draft is presented.

Outside legal advice from the King’s counsel said the motion could be debated if insisted upon, but councillors must demonstrate they have an open mind about the local plan and not suggest they have already decided before the process is complete.

At the meeting in January there were questions about whether any vote, for or against, could be construed as predetermination and so open to legal challenge.

Cllr Elizabeth Turpin (IndGr) said she wanted a debate of the discussion of the Local Plan before the June meeting when significant changes could not be made
Cllr Elizabeth Turpin (IndGr) said she wanted a debate of the discussion of the Local Plan before the June meeting when significant changes could not be made

But Mr Gill now said a vote against the motion would only be considered as a rejection of the motion at this time and not a decision about how land should be designated in the Local Plan.

Mr Gill recommended councillors vote against the motion and discuss the Local Plan fully at the June meeting.

Cllr Elizabeth Turpin (IndGr), who put the motion forward in January, said it was important to debate it now because the June meeting would be too late to make significant changes.

She said: “When the Local Plan is considered at the June meeting, I will do so with an open mind and will consider all options and recommendations based upon the evidence before me.

“But in June it will be too late as the plan will be in draft form and major changes cannot be made.

Medway Council's assistant director, legal and governance, Bhupinder Gill said it remained his advice the motion should not be debated because of risk of legal challenges
Medway Council's assistant director, legal and governance, Bhupinder Gill said it remained his advice the motion should not be debated because of risk of legal challenges

“In the regulation 18 documents, Chatham Docks was mentioned 18 times, but not once in relation to employment, local existing jobs, or potential loss of jobs.

“Employment is mentioned 100 times, but never in the same context as Chatham Docks.”

She added she had been optimistic for Chatham Docks’ future when Labour took control of Medway Council in May 2023 based upon their previous statements, but now she felt they had backtracked.

She continued: “The Labour group, while in opposition, brought this exact motion forward on two separate occasions and all members of the Labour group at that time voted in favour of this motion.

“Following the political change of administration, I was initially hopeful this would be an important site, not brushed under the carpet with hopes the problem goes away unnoticed.

“The businesses, workers and families at Chatham Docks feel let down; many will have voted for this administration based on the clear message prior to the election.

“This motion calls for consideration to be given to retaining the employment land status of Chatham Docks, a piece of infrastructure most places would give their right arm for.

“Let us not partake in self-sabotage but instead ensure the full, evidence-based work is carried out to make informed and correct decisions for now and future generations.”

The Labour and Conservative groups decided not to engage with the motion, and beyond an explanation of this none of their members spoke in the debate.

Medway Tories’ leader Cllr George Perfect said: “The King’s counsel advises we should not discuss the motion and we should reserve our positions until the Local Plan comes before us in June.

Medway Tories' leader, Cllr George Perfect, said his group would be abstaining on the motion based upon the legal advice
Medway Tories' leader, Cllr George Perfect, said his group would be abstaining on the motion based upon the legal advice

“Nobody from my group will be speaking on this motion and we shall not be supporting it and will be abstaining on the basis the time for discussing the Local Plan is the June meeting.”

Labour’s Cllr Simon Curry said: “The council has been without a Local Plan for two decades, with all the implications this has for our communities.

“We should not do anything which increases the risk of that plan being challenged in the courts.

“No member of the Labour and Co-operative group will be debating this motion tonight and we will not be supporting it.

“We will be voting against it so we can demonstrably come to the June meeting with open minds.”

Cllr Simon Curry (Lab) said it was important to deliver a Local Plan and minimise the risk of legal challenges which could prevent this
Cllr Simon Curry (Lab) said it was important to deliver a Local Plan and minimise the risk of legal challenges which could prevent this

Cllr Turpin called the decision by Labour and Conservatives “disappointing” and said she had hoped to hear what Labour had to say about Chatham Docks.

She said: “It’s very disappointing that debate will not take place this evening, as it has in the past.

“It would be interesting to hear what the Labour administration has got to say about this and if there was to be a lockdown on debate on the Local Plan that should have been timetabled.

“It’s unacceptable elected members are being restricted. We all know June will be too late.

“I brought this motion to ensure the work is being done before that June date, so I hope it is.”

The Labour group voted against the motion while the Tories abstained. The Independent Group, Reform UK and independent councillor Chris Spalding voted for it.

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