A statute in 1950 granted to the port authority powers, inter alia, to grant licences for moorings on the foreshore. These powers overrode the ancient Royal Charter which vested the foreshore in the local authority. Accordingly licences issued by the port authority were effective and binding as against the local authority.
The court considered whether the Council, as owner of the foreshore was able to control licensing for the deep water moorings adjacent.
Judges:
Lord Justice Peter Gibson, Lord Justice Chadwick and Lord Justice Kay
Citations:
Times 25-Oct-2001, [2001] EWCA (Civ) 1273, [2001] EWCA Civ 1273
Links:
Statutes:
Ipswich Docks Act 1950 12, Charter of Henry VIII of 1518/19
Jurisdiction:
England and Wales
Citing:
Appeal from – Ipswich Borough Council v Moore and Another ChD 4-Jul-2000
Historically, powers had been granted to the authority, as riparian owners of the port, but powers had also been given to what had since become the Port Authority. The Authority had been given power to regulate traffic in the river, and to charge . .
Cited by:
Cited – Regina on the Application of Dart Harbour and Navigation Authority v the Secretary of State for Transport Local Government and the Regions QBD 26-Jun-2003
Captain Wyatt owned land near the harbour and wanted to moor his boat by it. The Harbour authority said he needed a licence. The Harbour authority requested him to move the boat as a danger to navigation. The Captain sought a judicial review of the . .
Lists of cited by and citing cases may be incomplete.
Local Government, Land, Transport
Updated: 12 April 2022; Ref: scu.166709
