CAMPAIGNERS have launched a fresh legal challenge to the £250 million development of Brighton Marina.

Residents opposed to further works have been given leave by a High Court judge to a judicial review hearing.

Campaigners complain the building of new towers, including a 40-storey building into the marina waters, would interfere with boat users’ public rights of navigation.

Marina bosses said they are confident they have the correct licences for the work and that any legal challenge would not affect any ongoing building works.

A hearing at the High Court is now expected within a matter of months.

The appeal is the latest in a series of challenges from the Brighton Marina Action Group and its members against the expanding Brighton Marina.

The group was unsuccessful last year in convincing judges that the building of towers higher than the Brighton cliffs breached the original parliamentary act allowing the construction of the waterfront site in 1968.

The campaign group raised up to £75,000 for the previous judicial review costs and is set for a similar legal expense this time around.

Campaigners argue that the second phase of the redevelopment is extending the marina into water used by sailors and over a spending beach used as a safety feature.

The first phase of development was completed this summer.

Foundations for the next phase are currently being built with the three-year construction of new towers set to begin in October.

Brighton Marina Action Group’s Robert Powell said: “The development will certainly encroach on the marina and go where I have seen many times boats sailing.

“It is particularly galling that developers are riding roughshod over what Parliament authorised.

“I trust the courts will realise the good sense of the well-established law and put a stop to it.”

Andrew Goodall of Brunswick Developments said: “All that happened in court was the judge agreed to a judicial review having previously rejected the application by writing by saying there was an arguable point, but there is always an arguable point. I love living in a democracy and it is right for people to have the chance to argue their case.

“We have a licence in order and we have sought all the legal advice we need. This will not make a difference to our building programme at all.

“I think the time has passed for them. I don’t think there are many people who don’t think this is a fantastic development. They have voted with their feet and it is going fantastic.”

GROUP HAS DOGGEDLY OPPOSED MARINA’S DEVELOPMENT

AT THE heart of the battle over the future is patience and perseverance on both sides.

For Brunswick Developments’ Andrew Goodall the realisation of his marina vision has taken 20 years since first buying into the site.

He needed to tempt bus drivers with sandwiches in those early days to stop at the waterfront.

The £250 million redevelopment scheme currently under way was first drawn up in 2000, initially rejected before being accepted in 2006 and then there was a long wait for the aftershocks of the global crash to settle.

But every step of the way the marina development has been scrutinised by the Brighton Marina Action Group.

Formed in 2005 with neighbour Robert Powell at the forefront, the campaign group has resolutely opposed the expansion of the marina at every turn – at considerable personal expense.

The group was prominent in opposing a further expansion by X-Leisure and Explore Living for 1,300 homes which was the subject of a planning inquiry and unsuccessful developers’ appeal in 2009.

Campaigners tasted defeat at the High Court last year challenging the first phase of the development to build seven restaurants and more than 200 flats with judges ruling the 1968 Act did not prohibit further development.

Mr Powell claims that the expansion of the marina is not in keeping with the spirit of its founders’ intentions and that the site lacks the necessary infrastructure.