R. (on the application of Powell) v Brighton Marina Co Ltd

摘要

The claimant local resident (P) sought the quashing of a decision of the third defendant Marine Management Organisation (M) to grant consent under the Brighton Marina Act 1968 s.24 to permit development at the marina. He also sought an order prohibiting the first and second defendants (B and W) from proceeding with the works which they had commenced. The 1968 Act authorised B to construct a marina, with recreational and residential facilities, and to reclaim land from the sea for that purpose. Section 23 of the Act required B to complete the works by October 1, 1979. In 2006, planning permission was granted for a residential-led mixed use development at the marina, comprising 11 buildings which were proposed to be constructed on a deck above the existing beach. In December 2013, M granted consent under s.24 for the construction of an engineered basement below the deck to house a car park. B and W promptly began piling works. P submitted that what was being constructed was structurally distinct from the works authorised under s.5 of the Act; it was not an extension or alteration of the existing works. He argued that the power to "make" under s.5 was subject to the time limit for completion of the works, namely October 1, 1979. He submitted, alternatively, that even if part of the current work comprised extending the pier or breakwater, that was ancillary to the main purpose, which was development within s.40.