On 10 August 2015 Brighton Marina Company Limited, submitted an application to the Marine Management Organisation (MMO) for a marine licence to undertake Phase 2 of the Outer Harbour Development in Brighton Marina. The application includes construction of a cofferdam, three blocks of residential apartments that include community and café facilities, with a viewing gallery near the top, and a single storey below ground car park.
Deflector piles will also be positioned around the supporting piles and arranged to protect the base of the towers. Additionally, a new deck over the spending beach will be constructed that will support the construction of the suspended car park over the Outer Harbour.
The MMO determined the application on 24 February 2016 and all information relating to the MMO’s decision is contained within the attached decision report.
The marine licence application and related documentation is available on the MMO’s Marine Licensing Public Register.
Update June 2017
In March 2017 a Judicial Review hearing took place challenging the way in which the MMO reached its decision to grant a marine licence in February 2016.
In particular lawyers for the claimant, a local resident, MMO failed to consider whether phase 2 of the Brighton Marina development would amount to an actionable interference with public rights of navigation. They also claimed that in instances where works unlawfully interfere with public rights of navigation MMO is not empowered to issue a marine licence unless a harbour revision was also made, extinguishing public navigation rights or permitting interference with the same.
On Friday 23 June the Hon. Mr Justice Holgate handed down his judgement at the High Court in London. In doing so he concluded the MMO had fulfilled its obligation under section 69(1) of Marine and Coastal Access Act 2009 (the 2009 Act) ‘admirably’.
In his judgement Mr Justice Holgate stated that ‘the Claimant’s argument involves a fundamental misunderstanding of MCAA 2009, and of section 69(1) in particular…’ finding that MMO had gone to ‘substantial lengths to collect evidence on the relevant navigation issues’ and ‘had consulted and re-consulted on the relatively narrow points raised by the claimant’.
The judgement made clear that the MMO’s decision that the proposed activities would not interfere with navigation or safety of navigation in the entrance to the marina so as to justify refusing the application was a correct application of the relevant legislation. It also set out that ‘there was no statutory requirement or need to consider whether the effect on public rights of navigation would also be actionable’.
The judge also denied a right to appeal the judgement.
The marine licence application and related documentation is available on the MMO’s Marine Licensing public register (case reference MLA/2015/00349/2)