The landowners had argued that a waterway must have a history of commercial use to be subject to common law, which says the public has the right to use it for navigation.
But Open Spaces Society general secretary Kate Ashbrook said that the development is earmarked for registered common land which the public has the right to use.
The most common way to talk about this trend is to use the terms public cloud and private cloud, but it all comes down to changing the way IT builds systems to support the business.
John Caffrey, Brown's attorney, said a landmark 1998 decision by the state's highest court established that recreational use can be considered in deciding whether a waterway is open to the public under common law.
"As the public become more educated about what's going on in medical testing, most people use their common sense that this is something that should be encouraged'" Mr Garnier said.