Brighton marina development

Michelmores Successfully Obtains a Marine Licence for Phase 1 of the £235m Brighton Marina Development

Lawyers from Michelmores' nationally recognised Marine Regulation Team have successfully obtained marine planning permission (a marine licence) for Phase 1 of the £235 million Brighton Marina Development. 

The overall development includes over 800 homes, a new yacht club and RNLI building, a multi-purpose sports court, children’s play areas, doctors’ surgery, indoor / outdoor community space and a 40-storey tower which will be the tallest building in Sussex. 

Securing the grant of the marine licence has enabled construction work to commence on Phase 1 of a development which has taken 10 years to come to fruition.

Andrew Oldland QC, Head of Marine Regulation at Michelmores said:

“This is an exciting project to be involved in and we are delighted that we have helped to secure the grant of the marine licence for Phase 1.  The licensing application process was complex, not least because the development site is located adjacent to one of the newly designated Marine Conservation Zones of which seahorses are a protected feature.  Despite this we were able to guide the application efficiently through the Marine Management Organisation's new procedure for dealing with sites located in or near MCZ's in the face of sustained opposition.”

Generally a marine licence is required for activities such as the construction, alteration or improvement of any works and the removal from the seabed of any substance or object up to the mean spring high tide water mark.  Terrestrial planning permission is required to the mean low water mark or boundary of internal waters.  As Lara Moore, a solicitor in the Marine Regulation Team explains:

“This means that a number of coastal development projects (including those located on tidal rivers) require both a marine licence and terrestrial planning permission.  The interaction between these two regimes can be fraught with difficulty.   It is important to understand fully the processes and requirements of both regimes in order to gain the consents required to carry out development work in such areas in a time effective manner.”

Michelmores nationally recognised Marine Regulation Team is one of only a handful of law practices in the UK able to advise on:

  • Marine Licensing and Planning
  • Marine Conservation Zones (MCZs)
  • The interaction between marine licensing and terrestrial planning permission
  • Article 10 Exceptions under the Marine EIA Regulations
  • Marine Wildlife Licences

For more information, please contact Andrew Oldland QC at andrew.oldland@michelmores.com