2015 Summer Newsletter
Following the elections and re-elections at the May 2015 AGM, the KTS Committee now consists of:
Paul Phillips – Chairman
Jill Sewell – Hon Secretary/Planning/Blue Plaque Representative
Joan Griffiths – Treasurer/Membership Secretary/Events Organiser/Newsletter editor
Derek De Young – CAG Representative
Vanessa Minns – ‘Whose been living in my House’ Editor
Vaughan Rees – Charities Commission liaison
Simon Smith – Deputy CAG Representative
A brief summary of the 2015 AGM is included here:
The Chairman thanked the KTS Committee members for their continuous hard work covering all the important issues and duties involved in running the Society and achieving its charitable aims in this exceptionally busy year. He reminded the meeting of the immense amount of work undertaken. Derek attended CAG which involved monitoring the B&HCC planning web site on a weekly basis, deciphering the documents and where necessary making presentations. As Jill had informed the meeting this year it involved his making thirteen presentations – there had only been two or three the previous year. It was difficult to know what was going on in properties internally and at the rear, and members were asked to watch for planning notices and scaffolding going up and drop a notice into Flat 2, 4 Sussex Square if they became aware of any such.
Attention was drawn to the urgent need for 3 volunteers to replace Joan, who is retiring at the end of 2015, to carry out her various roles at Treasurer/Membership Secretary, Fund Raising Events organiser and Editor/distributor of the quarterly Newsletter.
The Marina fundraising campaign in support of Robert Powell had been carried out throughout the year. Robert reported on where he was and clearly outlined the present position with the 16/17 June hearing. RA summary of the actual hearing and the Judgement handed down on Frday 26 June is shown on pages 2 and 3.
The Marina was looking to become a Neighbourhood Forum, which would effectively limit the Council’s input on any development there. This was obviously dangerous to the setting of the Estate and he and Jill Sewell had both written objecting the area was too small. Jill had had the reply that there was no power to require an area to be extended.
Black Rock was in the course of pre-planning discussions (again). Talks with Standard Life and Venue Ventures for a major new conferencing and events centre on the Black Rock Site are taking place. A 10,000 seat stadium is being discussed with traffic and parking measures a coach picking up and dropping off point. It is known as the Brighton Waterfront project.
These and other proposals require constant attention and further help for the Committee is sought.
The suggestion was put forward that a legal consultant be appointed by the Society. The cost needing verification and approval beforehand.
Membership and Fundraising events
Joan advised that the recent membership drive had increased the membership by 19 to 218 paid up members, comprising 140 from the Estate and 78 from Brighton and beyond.
Joan also reported that a programme of events, one each month, has been arranged (See full details on pages 3 and 4)
‘Who’s Been Living In My House’
Vanessa updated the meeting on ‘Who’s Been Living in My House’. She said that all the research for Stage 1 has been completed. That is that every resident/owner of every property on the Estate has been established up to 1970 – as far as possible. Attempts are now being made to find an IT consultant who can transfer all the research files into new pages on the KTS website. She said that the next stage of the project will be to illustrate the records with histories, portraits, maps and anecdotal information to which she hoped the membership and public would contribute. Vanessa then urged members present to spread the word.
Jill pointed out a few ‘typos’ in the 2014 Minutes and the correction needed to Item 9 concerning ‘WBLMH’ as follows:
In Vanessa Minn’s absence the Chairman referred the members to her report on page 8 of the Notice Leaflet. Discussion then followed as to how much and how interesting the results have been so far and then ways of speeding up the process and engaging outside interest.
SUMMARY OF THE MARINA APPEAL HEARING of 16-17 JUNE 2015
In the Royal Courts of Justice, The Strand, before three high court judges, Lady Justice Arden, Lord Justice Sullivan and Lord Justice Floyd. It is an Appeal case of the Judgment handed down by Mrs. Justice Patterson on June 27th 2014 from the original hearing before Justice Foskett in April 2014.
The claimant’s case (Robert Powell, on behalf of those supporting him) rested on interpretation of key issues in both Appeals, which were summarized as follows:
1) Whether the development (Brunswick) of Phase 1 is authorized under Section 5 (2) of the Brighton Marina Act 1968 (BMA). RULING: The development is authorized…
2) Whether the powers under Section 5(2) of the BMA are subject to the time limit. RULING: Powers are conferred on to BHCC…
3) Whether the Section 40 of the BMA is an exhaustive statement of the powers of the first and second defendants for the building in the Marina. RULING: The common ground is that Sec 40 neither permit or prohibits development outside works 6-9.
4) Whether a marine licence under part 4 of the Marine and Coastal Access Act 2009 can authorize that which is not permitted under the 1968 Act. RULING: Yes it can, under Section 24(1) with respect to matters ‘seaward’ of the land as to its impact on the requirement to maintain the navigable channel.
5) Whether the claim was brought promptly: RULING: An outline of their claimants position should have been brought forward before the last day of the 3 month period.
6) Whether promptness applies. Ruling: Yes it does.
7) What relief is appropriate. RULING: This is to be decided
Our Appeal to have the right of a Judicial Review was denied.
Richard Buxton our Solicitor advocate spoke informatively for two hours before lunch and then for over an hour and half in the afternoon, covering all the points of our legal challenge. He was well prepared and made references to the extensive passages within the files lodged before the courts at his fingertips. He was robust in answering the questions put forward by the three senior judges.
Richard Drabble QC for the defense opened his address, speaking for just fifteen minutes before the Court rose at 4 pm and continued Wednesday morning for one hour, followed by the Marine Management Organisation’s (MMO) barrister, Sasha Blackmore, also for an hour, before Mr. Buxton concluded the proceedings with a fifteen minute summary of our legal case before the Court rose at 1 pm.
The issue of the law for the judges’ consideration is whether the approved Brunswick development is being built inside (landward) or not, as it is being built on, or as an extension of, or outside the inner walls (tidal barrier walls) of the Marina, of the inner harbour. The case turns on the interpretation of the Brighton Marina Act. Equally, the MMO, to whom the powers of the Board of Trade have been delegated as provided in the BMA, has been given considerable powers under the Harbours Act 1964 and the Marine and Coastal Act of 2009. These deal with Navigation rights within the harbour. The developer is required to apply for a licence for the works, which they did (belatedly) for Phase1. They have, at the time of this Appeal, only now applied for Phase 2. The question raised for the Judges’ determination, is whether The Brighton Marina Act is the final word on whether the development within the Marina was ‘prohibited’ or ‘permitted’ under the relevant sections. It was concluded that section 40 neither permitted or excluded development beyond 1979, being the date by which year the Marina must be built. Much was made of the grounds for the rights to ‘extend’ the quay. Judge Sullivan was sympathetic that a ‘private’ Act of Parliament’ was not ‘rigid’. He supported the idea that new development on top of the ‘inner harbour walls’ was sanctioned by S5(2) , despite the limitations imposed on development to be ‘landward’ in S40. Section 5 (2) permits the ‘extend, enlarge, alter, replace or relay the same’. Much was made by Mr Drabble of the common law ‘property rights’ of the developer’s right to develop. (Unfortnately, the extract of 5(2) omitted ‘the same’ in court papers.
The Court has ruled that Phase 1 of the development currently proceeding alongside the West Quay is lawful. The court found that Phase 1 of the development is authorised by sections 5(2) and 40(1) of the Act. We disagree, but the Court accepted that the underwater car park and the two towers are simply an ‘extension’ of the pier/breakwater. Considerable time was spent on the Harbour Act and the Marine and Coastal Act. The licence granted under Phase 1 allows the developer to ignore the minimum water depth of 8 feet to be maintained. The ‘spending beach’ denies the ability to navigate boats over which the development is to be built, so navigable rights could not apply in the Phase 2 of the development.
The 40 storey tower is also in Phase 2. It was generally agreed by the Judges that development should not be outside the ‘lines of deviation’, which would exclude the 40 storey tower. The Judges claimed that the Appeal was not to consider Phase 2 as the MMO has to determine its decision whether or not to issue a licence. The Tower also interfers with the navigation of the boats. So we are now left with some uncertainty to the future determination by the MMO as to whether they will grant a licence for this tower or not.
It was clear to me that Judge Sullivan, though exceptionally well informed of the Acts in the case, was irritated by the ‘narrow’ interpretation of the BMA as presented by Buxton. He was disposed to dismiss the Appeal from the start and influenced the other judges accordingly, by obtaining a ‘common ground’ admission that the BMA neither permits or prohibits ‘extension’ or ‘enlargement’ of the piers.
Though spared the cost of raising very considerable funds for a Judicial Review, the ruling for costs remains, which we are informed is limited to a maximum of £10,000 under the court Aarhus Convention rules.
KTS MEMBERS EVENTS
A lot of thought and effort (plus finance) is given to the events for our members and support of these ventures is vital. Arrangements are in place for July through to October. Please come along and support our aims using the booking form below.
SATURDAY 18 JULY OUR ANNUAL GARDEN PARTY
FRIDAY 21 AUGUST – evening performance ‘Mack and Mabel’ Chichester Festival Theatre. Based on the true romance between Hollywood legends Mack Sennett and Mabel Normand, Mack & Mabel has Music and lyrics by Jerry Herman La Cage aux Folles. Olivier Award-winner Michael Ball returns to Chichester to play Mack Sennett, following his celebrated performance in Sweeney Todd. Rebecca LaChance makes her Chichester debut as Mabel. The Artistic Director is Jonathan Church whose most recent musical hits for Chichester include the award-winning Singin’ in the Rain (2011). A 3-course pre-performance dinner will be served at Murrays at The Ship Hotel. The coach leaves Sussex Square bus stop at 3.45 pm.
The fully inclusive cost is £64 and the numbers are limited to 30 people.
FRIDAY 25 SEPTEMBER – the return of our ever popular Informal Lunch at Busby & Wilds
£25 for 3 courses, £20 for 2 courses with a welcoming drink 12 noon for 12.30. Please advise Joan@rottingdean.me or 01273 625130 if you wish to reserve.
THURSDAY 29 OCTOBER – Glyndebourne: Mozart’s ‘Abduction from the Seraglio’ Coach leaves at 3.45 pm back by 10.30 pm. A light pre-opera meal in the marquee with wine. Fully inclusive cost is £76. As the weather last year was so inclement we felt a meal in the marquee would be more appropriate. Mozart wrote this charming singspiel, a farcical romance set in a Turkish harem, establishing his reputation in Vienna.
BOOKING FORM Please send to: Joan Griffiths, 15 Rottingdean Place, Falmer Road, Rottingdean
BN2 7FS (or pop application into 4 Sussex Square letterbox by hand if that is more convenient)
From Name………………………………………….Email or phone………………………………………………
FRIDAY 21 AUGUST ‘Mack and Mabel’ Chichester ….tickets @ £64 each = £…
FRIDAY 25 SEPTEMBER – RESERVATION for Lunch at Busby & Wilds (pay B&W direct for this)
THURSDAY 29 OCTOBER – Glyndebourne: ‘Abduction …’ ….tickets @ £76 each = £…………..……..
Please make cheque payable to KEMP TOWN SOCIETY
2015 GARDEN PARTY, SATURDAY 18 JULY 2015 12 – 4 pm
North Garden (entrance double gates)
2015 Theme: ‘A Life on the Ocean Wave’
Our far-famed Bring-a-plate food stall
A wine bar with jugs of Pimm’s
Cake and produce stall
Piñatas, face painting, a treasure hunt for the children,
plus a PRIZE for the best nautical/piratical costume.
Jazz and swing from Johnny Muxlow’s Hot Five
A Strolling Magician. An enticing Raffle
A beautiful scarf and pashmina stall
A secondhand book stall plus Kemp Town artefacts
KTS Members free – please bring a plate of finger food
and possibly a picnic chair or rug should you need to
ensure you have a seat!
Guests, friends and new residents most welcome £5 entrance
Calling all volunteers to help
for just one hour!
Setting up Friday afternoon set up from 2 pm
Cleaning up at end of the day’s event or Sunday 11 am
Giving wonderful prizes for the raffle
Baking a cake or making jam for the cake stall
Donating books. Helping on a stall
Organising and helping with children’s activities.
Please contact Ann Wroe
Phone: 07833 050351 or 0207 8307044 (daytime)
Email: email@example.com or a note to
Flat 3A, 14 Lewes Crescent
The party takes place with the permission of Kemp Town Enclosures