A planning inspector will be called in to decide whether 1,300 new homes should be built at Brighton Marina.

Explore Living has published official notice of its appeal against Brighton and Hove City Council's controversial rejection in December of its plans for the homes and shops, offices and community facilities.

The proposals included one 28-storey tower and a string of smaller blocks in the western part of the marina, which is currently occupied by Asda, the main marina car park and McDonalds.

News of the appeal follows just weeks after the council revealed a new proposed city masterplan which included a ban on skyscrapers at the marina and a cap on housing for the Explore Living site at 650.

That document is due to come into effect in the autumn, although its progress could be altered by the outcome of last night’s by-election in the Goldsmid ward in Hove.

Explore Living's appeal will be heard by a Planning Inspectorate official in November, with a provision start date on November 3.

Councillor Gill Mitchell, leader of the council's opposition Labour group, accused its Conservative administration of "shifting the goalposts" while the developer was in the middle of its appeal.

The plans were originally recommended for approval by city planners but were turned down by the council's planning committee for being an overdevelopment of the site.

Explore Living managing director Karl Pickering said: "We will be coming to the appeal with all we can to show why our plans should be accepted and we hope we get the right outcome."

The council is bracing itself for a legal battle which will cost tens of thousands of pounds of tax-payers money.

Councillor Ted Kemble, the cabinet member for enterprise, employment and major projects, said he could not make detailed comment ahead of the appeal.

He said: "Any applicant has the right to appeal to the Planning Inspectorate if they feel their plans have been unfairly dismissed and the inspector will decide whether that's right.

"From my point of view as cabinet member for enterprise, employment and major projects, I have got to welcome any opportunity to draw employment into the city."