Legal News

Court interprets statutory requirements in granting marine licence (Powell v Marine Management Organisation)

Published on: 27 June 2017
Published by: LexisPSL
  • Court interprets statutory requirements in granting marine licence (Powell v Marine Management Organisation)
  • Original news
  • What is the significance of the decision for authorities and developers?
  • What is the policy and legislation background to the case?
  • What is the factual background to the case?
  • Why did the court dismiss the challenge?

Article summary

Planning analysis: In Powell v Marine Management Organisation, the court confirmed the approach which licensing authorities should take in determining an application for a marine licence under section 69(1) of the Marine and Coastal Access Act 2009 (MCAA 2009). The decision establishes that the ‘need to prevent interference' with legitimate uses of the sea is not an absolute requirement, and must be weighed against other statutory requirements according to the particular circumstances. or take a trial to read the full analysis.

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