Issue - items at meetings - Brighton Marina Act 1968: application for a waiver regarding water depth

Joint report of the Monitoring Officer (Head of Law) and the Executive Director for Finance & Resources (to be circulated separately).

RESOLVED: That, on behalf of the council, it be agreed to grant consent under section 55(1) of the Brighton Marina Act 1968, in respect of the changes to the depth of the water in parts of the harbour to Brighton Marina associated with the implementation of the planning permissions BH2006/01124/FP and BH2012/04048 and that such consent shall be evidenced by the form of Agreements set out in Appendix 2 to this report.

106.1  The Monitoring Officer introduced the report in relation to the Brighton Marina Act 1968: Application for a Waiver Regarding Water Depth and stated that the report was only concerned with water depth as the agreed planning permission at the Marina would not comply with the depth. A licence had been granted by the Marine Management Organisation for Phase 1 of the development, and there had been no objection from the Harbour Authority. It was also noted that the application for the waiver was not permanent, but for the duration of the construction in relation to the planning permission.

106.2  Councillor Peltzer Dunn asked for clarification in relation to whether the reduction in water level was actually a diminution of the water in the main marina enclosure, and if this was case there would be any legal risk of non-compliance with the Brighton Marina Act. The Monitoring Officer noted that this had been raised by the applicant; however, he provided assurance that the basic requirement in the act was to maintain the depth and the application for the waiver was considering the most appropriate manner to address this.

106.3  Councillor G. Theobald thanked the Monitoring Officer for responding in relation to this matter, and noted he was satisfied that the response assured him the Council would not be open to legal challenge. The Chair agreed with these comments and noted this approach was correct and proper.

106.4  The Chair then put the recommendation to the vote.

106.5  RESOLVED: That, on behalf of the council, it be agreed to grant consent under section 55(1) of the Brighton Marina Act 1968, in respect of the changes to the depth of the water in parts of the harbour to Brighton Marina associated with the implementation of the planning permissions BH2006/01124/FP and BH2012/04048 and that such consent shall be evidenced by the form of Agreements set out in Appendix 2 to this report.