CINAT COMPANY LTD. V. THE ATTORNEY GENERAL

CINAT COMPANY LTD. V. THE ATTORNEY GENERAL

The triangular area formed part of the 'site' at the planning/design stage because it was owned and controlled by Mai Lee and was available and used to enable Carson Mansion to comply with the Building (Planning) Regulations; therefore the Building Authority correctly rejected the applicant's building plans and the judicial review and declarations fail.

Citation
CINAT COMPANY LTD. V. THE ATTORNEY GENERAL
Parties
Applicant/plaintiff: CINAT COMPANY LIMITED; Respondent/defendant: THE ATTORNEY GENERAL
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 July 1993
Case Number
HCMP3876/1992
Procedural Posture
Judicial Review and Originating Summons Concerning Building Authority Decision Under Building (planning) Regulations / High Court Hearing and Judgment (decision Delivered)
Outcome
Consolidated proceedings dismissed; applicant's judicial review and declarations refused
Legal Topics
Definition of 'site' for Planning, Plot Ratio Calculation, Site Coverage, Judicial Review of Administrative Decision
Source Language
EN
Administrative Law Planning and Building Law Property Law Definition of 'site' for Planning Plot Ratio Calculation Site Coverage Judicial Review of Administrative Decision

Case Brief

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Parties

CINAT COMPANY LIMITED

Applicant/plaintiff

THE ATTORNEY GENERAL

Respondent/defendant

Procedural Posture

Judicial Review and Originating Summons Concerning Building Authority Decision Under Building (planning) Regulations / High Court Hearing and Judgment (decision Delivered)

Legal Issues

  1. 1 Whether the triangular area formed part of the 'site' for purposes of plot ratio and site coverage under the Building (Planning) Regulations at the planning/design stage
  2. 2 Whether Mai Lee owned or had a realistic prospect of control of the triangular area at the relevant planning stage
  3. 3 Whether the Building Authority erred in rejecting the applicant's building plans on the basis that only 19 sq.ft. of roofed-over area remained

Ratio Decidendi

The triangular area formed part of the 'site' at the planning/design stage because it was owned and controlled by Mai Lee and was available and used to enable Carson Mansion to comply with the Building (Planning) Regulations; therefore the Building Authority correctly rejected the applicant's building plans and the judicial review and declarations fail.

Court Disposition

Consolidated proceedings dismissed; applicant's judicial review and declarations refused

Orders

  • Consolidated proceedings dismissed with costs to the respondent