DEVELOPERS will have to seek new permission to build a 40-storey tower at Brighton Marina.

Campaigners fighting against high-rise tower blocks at Brighton Marina claimed a “partial victory” despite losing an appeal to stop 11 towers being built at the marina.

The Brighton Marina Action Group took developers to the Court of Appeal to challenge the legality of 11 towers due to be built as part of a £250 million redevelopment.

Campaigners Robert Powell and Professor John Watts contested the towers were “illegal” and in contravention of the 1968 act that permitted the original creation of the marina.

In the latest turn of events in the long-running dispute, justices Sir Jeremy Sullivan, Sir Christopher Floyd and Dame Mary Arden refused permission for a judicial review to halt the development in a hearing on Friday.

After a two-day hearing the court ruled phase one of the development, which is progressing at West Quay, is lawful. But the phase two development – of the so-called ‘Roaring 40s Tower’ – was not authorised and would need permission under the 2009 Marine and Coastal Access Act or the 1964 Harbours Act.

The court was told it would “necessary for the company to obtain a further act of parliament” to build the 40-storey tower.

In December, a High Court judge gave Mr Powell permission to appeal against a judgment last year that blocked a judicial inquiry into the high-rises.

Mr Powell said: “I am disappointed the Court of Appeal has ruled the development next to West Quay cannot be challenged. However, in relation to the rest of the development the judgment is helpful because Brighton Marina Company has admitted – at long last after 10 years – they are not allowed to carry out their plans with the consents they have.”

He said the result could be seen as a “draw” with partial victory for both sides.

He added: “The judgement is not entirely satisfactory since it does not give certainty on the outcome but it significantly changes the position of the tallest tower.”

The marina owners could not be contacted yesterday but previously said the legal action would have no impact on the ongoing construction work which is scheduled to be completed next summer.