A planning application for a 420ft skyscraper will be decided by the Deputy Prime Minister.

The tower, dubbed the Roaring Forties, was to be the centrepiece of a £265 million development dominating Brighton Marina and would have been the tallest building in Sussex.

But Brighton and Hove City Council ruled last year the 998-flat development, which would have included ten smaller buildings, would be too big and generate too much traffic.

An appeal lodged by the applicants, Brunswick Developments, would have been decided by a Government-appointed inspector.

But John Prescott has decided to determine the appeal himself because it raises issues relating to residential development of five or more hectares or 150 or more dwellings.

Instead of writing a decision, the Inspector will prepare a report and then forward it to the Office of the Deputy Prime Minister.

Council representatives will appear at the inquiry to defend the planning committee's decision and present evidence to back up the reasons for refusing permission.

Among the reasons for refusal were that the development would fail to preserve views into and out of the Kemp Town Conservation Area and the Sussex Downs Area of Outstanding Beauty.

Other reasons were that the proposals would be an over-development of the site and failed to incorporate sufficient public and private amenity space, outdoor recreation space and on-site car parking spaces. The council said it was not yet possible to estimate the costs of the case. But the council will not be expected to pay Brunswick's costs if the developer wins, unless the council acts unreasonably when defending the appeal.

Campaigners maintain the Brighton Marina Act 1968 dictates nothing can be built taller than the height of the cliff.

Although there is a section which allows the council to vary the Act's terms, campaigners uncovered transcripts of parliamentary debates suggesting the clause was only ever intended to allow the council to permit the construction of basic features, such as lampposts.

Derek Granger, chairman of Kemp Town Society, said: "We believe this development would degrade the conservation area, particularly on the eastern side of Lewes Crescent.

"It's a gross over-development and would have a serious effect on the whole area."

Business leaders have defended the proposals.

Writer and broadcaster Simon Fanshawe, chairman of the Brighton and Hove Economic Partnership, has accused members of the planning committee of "narrowminded" decision making.

He said: "I'm very happy Brunswick Developments is pursuing this scheme because it will bring jobs and architectural excitement to the city.

"There will also be a considerable number of affordable houses and a considerable contribution to transport."

It is thought the planning committee's refusal of the application has cost Brunswick half a million pounds.