Powell, R (on the application of) v The Brighton Marina Company Ltd & Ors [2014] EWHC 2136 (Admin) (27 June 2014)

Powell, R (on the application of) v The Brighton Marina Company Ltd & Ors [2014] EWHC 2136 (Admin) (27 June 2014)

The Brighton Marina Act 1968 provides a continuing power to extend, enlarge, alter, replace or relay the original works after their completion, and Section 40 permits development on any part of works 1-9 inclusive. The works in question fall within these statutory powers. There is no inconsistency between the BMA and the Marine and Coastal Access Act 2009. The claim was not brought promptly, and significant prejudice would result if relief were granted.

Citation
[2014] EWHC 2136 (Admin)
Parties
Claimant: Robert Powell; First Defendant: The Brighton Marina Company Limited; Second Defendant: West Quay Development Company Partnership LLP; Third Defendant: The Marine Management Organisation; Interested Party: Brighton and Hove City Council
Jurisdiction
England and Wales
Judgment Date
27 June 2014
Procedural Posture
Judicial Review / Judgment After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Local Acts, Marine Licensing, Delay in Judicial Review, Development Consent
Administrative Law Planning Law Environmental Law Statutory Interpretation Local Acts Marine Licensing Delay in Judicial Review Development Consent

Case Brief

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Parties

Robert Powell

Claimant

The Brighton Marina Company Limited

First Defendant

West Quay Development Company Partnership LLP

Second Defendant

The Marine Management Organisation

Third Defendant

Brighton and Hove City Council

Interested Party

Procedural Posture

Judicial Review / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether phase 1 of the development is authorised by Section 5(2) of the Brighton Marina Act 1968
  2. 2 Whether the powers under Section 5(2) are subject to the time limit in Section 23
  3. 3 Whether Section 40 of the BMA is an exhaustive statement of development powers

Ratio Decidendi

The Brighton Marina Act 1968 provides a continuing power to extend, enlarge, alter, replace or relay the original works after their completion, and Section 40 permits development on any part of works 1-9 inclusive. The works in question fall within these statutory powers. There is no inconsistency between the BMA and the Marine and Coastal Access Act 2009. The claim was not brought promptly, and significant prejudice would result if relief were granted.

Court Disposition

Claim dismissed