THE legality of Brighton’s tallest building will be contested in the High Court next week.

Opposition to the 40-storey tower at Brighton Marina will make the case at a judicial review on Wednesday and Thursday that the building obstructs marina traffic.

Development bosses behind the £250 million scheme have brushed off the concerns saying the tower’s foundations were a long way from the marina’s channel for boats.

Brunswick Developments Andrew Goodall said there had been good progress on the development of up to 850 homes with the cofferdam foundations of the 40-storey tower now complete and drying out.

Mr Goodall said: “We are waiting for the water to be removed over the next month before starting to build the tower and we will start work on the piling in June

“From January the whole project will take about four years so we are about 1.5 years in.

“We will wait a little longer before we start selling from off-plan, it will be about 18 months before they come on to market.”

Concerns have been raised by opponents about the aesthetics of flats already completed and the level of foreign ownership of homes coming on to the market with some claiming up to 90 per cent of homes have been sold to overseas buyers.

Mr Goodall said: “It’s about 50/50 but of those most of them are rented out.

“Last time I spoke to [estate agents] Leaders there were just a couple left.

“We’re very happy how it’s gone at the moment.”

Resident and architecture expert Robert Powell first applied for a judicial review in August over possible interference with public rights of navigation.

Brighton Marina Action Group failed with an earlier review in 2015 over the height and density of the development.

Mr Powell said a line of steel deflection piles to mark the northern limit of the dredged channel will be a hazard to yachts.

He said: “The floating booms have to move vertically some 7.5 metres with the tidal variation but I believe the fixing detail is inadequate and will corrode over time in the marine environment.

“Any vessel losing engine power could clash with the steel piles and the narrowness of the navigable channel will make it extremely difficult for yachts to turn into wind to lower their sails.

Mr Goodall said: “The cofferdam has been in place already for nearly six months, there will be no interference with the development as the building fits within the cofferdam.

“It is outside the dredged channel, you couldn’t get to the cofferdam, you can’t get to the building because its not in the dredged area.

“It is a long away from it.”