Powell, R (on the application of) v Tthe Brighton Marina Company Ltd & Ors [2015] EWCA Civ 650 (26 June 2015)

Powell, R (on the application of) v Tthe Brighton Marina Company Ltd & Ors [2015] EWCA Civ 650 (26 June 2015)

The Brighton Marina Act 1968 permits extension, enlargement, or alteration of completed works after the statutory deadline, subject to statutory controls. Phase I works are an authorised extension of Work No. 6 and section 40 does not prohibit development outside its limits; further development requires separate statutory authorisation if needed.

Citation
[2015] EWCA Civ 650
Parties
Appellant: Robert Powell; First Respondent: The Brighton Marina Company Limited; Second Respondent: West Quay Development Company Partnership LLP; Third Respondent: The 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
Statutory Interpretation, Judicial Review, Development Consent, Private Act Powers, Marine Licensing
Administrative Law Planning Law Environmental Law Statutory Interpretation Judicial Review Development Consent Private Act Powers Marine Licensing

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Parties

Robert Powell

Appellant

The Brighton Marina Company Limited

First Respondent

West Quay Development Company Partnership LLP

Second Respondent

The 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 Brighton Marina Act 1968 permits extension, enlargement, or alteration of works after the statutory time limit
  2. 2 Whether Phase I works constitute an authorised extension, enlargement, or alteration under the Act
  3. 3 Whether section 40 of the Act impliedly prohibits development outside specified limits

Ratio Decidendi

The Brighton Marina Act 1968 permits extension, enlargement, or alteration of completed works after the statutory deadline, subject to statutory controls. Phase I works are an authorised extension of Work No. 6 and section 40 does not prohibit development outside its limits; further development requires separate statutory authorisation if needed.

Court Disposition

Appeal dismissed; permission to apply for judicial review refused.

Orders

  • Appeal dismissed
  • Permission to apply for judicial review refused