Great Yarmouth Port Company & Anor, R (On the Application Of) v Marine Management Organisation & Anor
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE CRANSTON
Areas of Law
- Administrative Law
- Maritime Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
This case involved a judicial review of the MMO's refusal to make a Harbour Revision Order for Great Yarmouth. The court examined whether the MMO correctly interpreted section 14(2)(b) of the Harbours Act 1964, which led to the conclusion that the MMO had acted within its discretionary power and with a fair judgment based on evidence. The claimants' arguments about irrationality and procedural unfairness were dismissed, and the MMO's decision was upheld.
Judgment
Mr Justice Cranston:
Introduction
This judicial review is a challenge to a decision of the Marine Management Organisation (“the MMO”) not to make a Harbour Revision Order in respect of the port of Great Yarmouth. The decision of the MMO was that it was not satisfied that the making of the order was desirable in the interests of the improvement, maintenance or management of the harbour in an efficient and economical manner. That is the test set out in section 14(2)(b) of the Harbours Act 1964 (“ the 1964 Act ”). The challenge turns on the proper interpretation of those words and also well known principles of judicial review. The claimants are the Great Yarmouth Port Company Limited (“the Company”) and the Great Yarmouth Port Authority (“the Authority”). The defendant is the MMO since it exercises delegated power from the Minister under the Harbours Act 1964 (Delegation of Functions) Order 2010, SI 2010 No 674 (“the Delegation Order”). The interested party, Bourne Leisure (Hopton) Ltd (“Bourne Leisure”), operate a significant leisure complex on the coast south of Great Yarmouth.
Background
Great Yarmouth, situated at the mouth of the River Yare, has been an important trading port for centuries. Statutory powers were granted to the commissioners of the port as early as the late 1600s. The port’s jurisdiction once extended a considerable distance into the Norfolk Broads. However, it now comprises the river port, with berths on both sides of the river and extending to just upstream of Haven Bridge, and the deep water Outer Harbour. Although in close proximity these have distinct entrances from the sea.
The privilege of taking dues and tolls at harbours where customable goods were landed was part of the Royal prerogative. The Crown granted rights to make harbours over a person’s own land or the land of another: see Coulson & Forbes, The Law of Waters , 6 th ed, 1952, 83. To facilitate the making of private Acts for particular harbours, Parliament enacted the Harbours, Docks, and Piers Clauses Act 1847, which contained model clauses. The Great Yarmouth Port and Haven Act 1866 constituted commissioners for the conservation and improvement of the port and harbour. That Act was amended over the following century. The Great Yarmouth Outer Harbour Act 1986 (“the 1986 Act”) conferred power on the commissioners to construct works and to acquire lands in relation, as the name suggests, to the outer harbour. Section 41 of the 1986 Act empowers the commissio