The Supreme Court has upheld the original judgement in the case of T W Logistics Ltd v Essex County Council and Ian Tucker. The public can continue to use a privately owned wharf for recreation, even though the wharf continues to be used as a working harbour. 

This does need not stop the harbour from working, but the parties must "give and take". The presence of the village green does, however, cast a shadow over any potential future redevelopment, which may have been the key issue all along.