A decision will be made on a controversial planning application to regenerate working docks just three weeks after a legal challenge.

Medway Council will consider the application by Peel Waters to turn Chatham Docks Industrial Estate into a business park called Basin 3 on May 30.

It comes just three weeks after an earlier hearing for the application was deferred due to a legal challenge.

A special planning committee will now take place next week where the updated report by officers, which responds to the points made by the legal representation from objecting businesses on the site, will be discussed, debated, and voted on by councillors.

However, even if the committee approved the application it could still not proceed until the secretary of state for levelling up, housing and communities, Michael Gove MP (Con), makes a decision about a request for a call-in of the application which was made by Rochester and Strood MP, Kelly Tolhurst (Con), who is opposed to it.

Until the minister makes a determination the application is under an Article 31 direction, meaning it cannot progress until this is lifted.

Mr Gove will decide whether or not the department for levelling up, housing and communities (DLUHC) needs to take over and determine the fate of the application.

The legal challenge raised by the businesses on the site says approval would be unlawful because it would prevent access to the wider Chatham Docks site, planning officers have misinterpreted policies in Medway’s 2003 Local Plan and the National Planning Policy Framework (NPPF), an environmental impact assessment is required and has not been completed, and officers have not properly considered the economic impacts of the proposals.

However, planning officers say they disagree with the legal challenge and will address the points raised in the new report.

They deferred the decision on the application, which was due to take place on May 8, in order to seek legal advice and to update their recommendations.

They also said the application by Peel Waters would not prohibit companies like ArcelorMittal Kent Wire from remaining on the site, but that would be a matter for negotiation between the two companies and was not the focus of the application.

Sky News reported Matthew Brooks, an executive from the steel manufacturer, wrote to Michael Gove saying if the application was approved the company may cease all operations in the UK - however Peel Waters’ managing director, James Whittaker, also wrote to the secretary of state laying out the case for the redevelopment.

Council leader Vince Maple (Lab) has suggested an alternative might be that ArcelorMittal offer to purchase the land from Peel Waters, but he said he was not aware such an offer had been made.

Following the announcement of deferral, Leigh Thomas, development director at Peel Waters said: “Whilst we’re disappointed that the planning application won’t be going to planning committee tomorrow, the significant benefits that the Basin3 proposals will deliver, including trebling the number of jobs on site, remain unchanged.

“Given the significant benefits and alignment with local and national planning policy, we hope the Basin3 application can considered by Medway’s planning committee as soon as possible.”

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The proposals, which would see the demolition of the existing warehouses and their replacement with workspaces of various sizes, will be discussed and voted on at the meeting on May 30.