New plans for Brighton Marina's Roaring Forties development have failed to get the backing of community activists.

Brunswick Developments went back to the drawing board after being refused planning permission for the 40-storey skyscraper.

But the Regency Society has issued a statement saying a scaled down version of the £235 million scheme unveiled in April is still unacceptable and should be withdrawn.

The project would provide 853 new homes, a public viewing gallery with stunning views of the coast, a swing bridge allowing people to walk or cycle all the way around the marina for the first time, seven restaurants and bars, a doctor's surgery and a multi-purpose sports court.

The proposals were considered a triumph for architects Wilkinson Eyre, the company behind the £25 million "winking eye" bridge over the Tyne in Gateshead.

But opponents say the Roaring Forties falls foul of the Brighton Marina Act 1968, which dictates nothing can be built taller than the height of the cliffs.

It is believed Brunswick has received legal advice stating this is not the case.

Lawyers have told the firm that Brighton and Hove City Council can grant permission and then separately give written consent to build above the height of the cliffs.

However, campaigners against the skyscraper believe this is not the case.

The Regency Society met to discuss the revised plans and decided it would oppose the height of the skyscraper as being in breach of the Act.

Michael Ray, chairman of the society, said: "The majority of our members want to stick to the Marina Act. At the time the Act was passed, it was to preserve the cliffline and that was put into the Act."

Dr Ray said there was a "get out" clause in the Act but that it was not meant for use for developments such as the Roaring Forties.