HEAD STEP LTD. v. BUILDING AUTHORITY

HEAD STEP LTD. v. BUILDING AUTHORITY

Where an applicant resubmits plans that are substantially identical to earlier submissions, the Building Authority must consider the resubmission with regard to the law applicable at the date of the first consideration (here OZP No. S/K11/5 plot ratio 15); the Building Authority retains discretion under s.16(1)(d) and appeals lie to the Appeal Tribunal under s.50(2).

Citation
HEAD STEP LTD. v. BUILDING AUTHORITY
Parties
Applicant: Head Step Limited; Respondent: Building Authority
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 April 1995
Case Number
HCMP2491/1994
Procedural Posture
Judicial Review / Hearing on Judicial Review (leave Granted)
Outcome
Judgment for Applicant; judicial review granted in part
Legal Topics
Plot Ratio, Discretion Under Section 16(1)(d), Retroactive Application of Changed Planning Law, Resubmission Doctrine, Appeals to Appeal Tribunal Under Section 50(2)
Source Language
EN
Administrative Law Planning and Zoning Law Building and Construction Regulation Judicial Review Procedure Plot Ratio Discretion Under Section 16(1)(d) Retroactive Application of Changed Planning Law Resubmission Doctrine +1 more

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Parties

Head Step Limited

Applicant

Building Authority

Respondent

Procedural Posture

Judicial Review / Hearing on Judicial Review (leave Granted)

Legal Issues

  1. 1 Whether the Building Authority may apply a change in zoning law/OZP that post‑dates an original application to an identical resubmission
  2. 2 Whether resubmitted identical plans must be considered under the law as at the date of the first consideration
  3. 3 Whether the Building Authority has a discretion under section 16(1)(d) to grant approval despite contravening a draft or approved plan

Ratio Decidendi

Where an applicant resubmits plans that are substantially identical to earlier submissions, the Building Authority must consider the resubmission with regard to the law applicable at the date of the first consideration (here OZP No. S/K11/5 plot ratio 15); the Building Authority retains discretion under s.16(1)(d) and appeals lie to the Appeal Tribunal under s.50(2).

Court Disposition

Judgment for Applicant; judicial review granted in part

Orders

  • Declare that the Building Authority must consider the submission dated 13 May 1994 (fourth submission) with regard to Outline Zoning Plan No. S/K11/5 and the plot ratio of 15
  • Allow judicial review and remit the 13 May 1994 submission to the Building Authority for reconsideration in accordance with this judgment