Powell, R (on the application of) v The Brighton Marina Company Ltd & Ors

Powell, R (on the application of) v The Brighton Marina Company Ltd & Ors

The Brighton Marina Act 1968 provides a continuing power to extend, enlarge, alter, replace or relay the works authorised under Section 5(1), not limited by the 1979 completion date. Section 40 permits development on any part of works numbers 1-9 inclusive, including underground car parks, within statutory controls. The works being constructed are within statutory authorisation. The claim was not brought promptly, and substantial prejudice would result from granting relief.

Parties
Claimant: Robert Powell; First Defendant: The Brighton Marina Company Limited; Second Defendant: West Quay Development Company Partnership LLP; Third Defendant: Marine Management Organisation; Interested Party: Brighton and Hove City Council
Jurisdiction
England and Wales
Judgment Date
27 June 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Delay in Judicial Review, Local Act Powers, Marine Licensing, Development Control
Administrative Law Planning Law Environmental Law Statutory Interpretation Delay in Judicial Review Local Act Powers Marine Licensing Development Control

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Parties

Robert Powell

Claimant

The Brighton Marina Company Limited

First Defendant

West Quay Development Company Partnership LLP

Second Defendant

Marine Management Organisation

Third Defendant

Brighton and Hove City Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether phase 1 development is authorised by Section 5(2) of the Brighton Marina Act 1968
  2. 2 Whether Section 5(2) powers are subject to the time limit in Section 23
  3. 3 Whether Section 40 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 works authorised under Section 5(1), not limited by the 1979 completion date. Section 40 permits development on any part of works numbers 1-9 inclusive, including underground car parks, within statutory controls. The works being constructed are within statutory authorisation. The claim was not brought promptly, and substantial prejudice would result from granting relief.

Court Disposition

Claim dismissed