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

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

The Brighton Marina Act 1968 permits the extension, enlargement, alteration, or replacement of completed works after the statutory time limit, provided necessary approvals are obtained. Phase I works fall within the statutory powers and are authorised by the Act. Section 40 does not prohibit development outside its limits but defines the extent of development permitted by the Act.

Parties
Appellant: Robert Powell; First Respondent: The Brighton Marina Company Limited; Second Respondent: West Quay Development Company Partnership LLP; Third Respondent: Marine Management Organisation; Interested Party: Brighton and Hove City Council
Jurisdiction
England and Wales
Judgment Date
26 June 2015
Procedural Posture
Judicial Review / Appeal Against Refusal of Permission to Apply for Judicial Review
Outcome
Appeal dismissed; permission to apply for judicial review refused.
Legal Topics
Judicial Review, Statutory Powers, Development Consent, Interpretation of Private Acts
Administrative Law Planning Law Statutory Interpretation Judicial Review Statutory Powers Development Consent Interpretation of Private Acts

Case Brief

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Parties

Robert Powell

Appellant

The Brighton Marina Company Limited

First Respondent

West Quay Development Company Partnership LLP

Second Respondent

Marine Management Organisation

Third Respondent

Brighton and Hove City Council

Interested Party

Procedural Posture

Judicial Review / Appeal Against Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the power to extend, enlarge, alter, replace or relay works under section 5(2) of the Brighton Marina Act 1968 was subject to the time limit in section 23(1)
  2. 2 Whether the Phase I works constituted an authorised extension, enlargement or alteration of Work No. 6 under the Act
  3. 3 Whether section 40 of the Act impliedly prohibited development outside specified geographical limits

Ratio Decidendi

The Brighton Marina Act 1968 permits the extension, enlargement, alteration, or replacement of completed works after the statutory time limit, provided necessary approvals are obtained. Phase I works fall within the statutory powers and are authorised by the Act. Section 40 does not prohibit development outside its limits but defines the extent of development permitted by the Act.

Court Disposition

Appeal dismissed; permission to apply for judicial review refused.