Plans for a £17m marina on
The fishermen claimed that the controversial 400-berth scheme at Gallows Point in the
The case focused on the legality of the Menai Strait Oyster and Mussel Fishery Order 1962, which created the fishery for a 60-year term, in relation to the construction of a marina over 7ha of shore land.
Opponents to the plans claimed that although the fishery covers an area of 761ha, the marina was earmarked for one of the prime locations within the fishery and would “gravely prejudice the viability of the mussel fishery” in contravention of the Sea Fisheries (Shell Fish) Act 1967.
Counsel for the owners of the foreshore and seabed, Anglesey Council and the Crown Estate Commissioners, argued that the 1962 order was invalid and should be quashed.
Ruling in favour of the fishermen, Davis J held that the 1962 order was “lawful and valid” and “since it is clear that the proposed marina would ‘disturb or injure in any manner’ the mussel fishery constituted under the 1962 Order, the proposed marina development would be unlawful as being contrary to section 7(4) of the 1967 Act.”
The Crown Estate and Anglesey Council are considering whether to appeal.
Isle of
John Howell QC and Emma Dixon (instructed by the legal department of Isle of Anglesey County Council) appeared for the claimants; Clive Lewis QC (instructed by the Treasury Solicitor) appeared for the first defendants; Guy Fetherstonhaugh QC and James Segan (instructed by Andrew Jackson Solicitors) appeared for the second, third and fourth defendants.
