R(Powell) V Brighton Marina Company Ltd & Ors
Public Law and Judicial Review
High Court hears challenge to huge marina development and considers whether requirement of promptness in JR contrary to EU law.
The Brighton Marina Company has planning permission for a large residential development in the Outer Harbour of Brighton Marina, the centerpiece of which is a tower block almost 40 storeys high, dubbed “The Roaring Forties”.
On 17 June 2014 the High Court (Patterson J) heard a challenge to the development based on submissions that it is ultra vires the Brighton Marina Act 1968. The 1968 Act is the local Act under which the Marina was built in the 1970s.
The Defendants resisted the challenge on a number of bases, including a lack of promptness in issuing the claim. The Claimant responded by arguing that the requirement of promptness did not apply, as it was contrary to EU Law. He submitted that the challenge was within the scope of Article 11 of the EIA Directive and hence Uniplex applied.
Judgment was reserved.
Matt Hutchings and Emma Dring represented the Claimant, Mr Powell.