Legal aspects of marina development and operation

Abstract

There is in Britain no co-ordinated legal framework regulating river and coastal zone management and use. This chapter attempts to establish an outline structure, drawing together the provisions relating to the planning, building and operation of marinas. There are problems arising from the distinct jurisdictional boundaries affecting land, foreshore, harbours, seabed, rivers and estuaries, each of which has its own structure of land ownership and is subject to different systems of regulatory control. And there is further complexity in the interrelationship between different sources of law: the common law relating to rights of ownership and navigation, the numerous private and local Acts of Parliament under which common law rights have been modified on a local and piecemeal basis, and general statute law, some of which applies to all property development, some of which is specific to certain areas (such as coastal protection), and some of which yields to modifications made by local Acts. This is not merely a conceptual problem: there may be very real practical difficulties in actually finding the documents containing the local legislation, or the charts and records referred to in them.

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