11 May 2012
ORIENTAL GENERATION LTD v. TOWN PLANNING BOARD
- Citation
- ORIENTAL GENERATION LTD v. TOWN PLANNING BOARD
- Court
- Court of First Instance
- Case number
- HCAL62/2011
The Board's refusal to consider raising the BHR beyond 130 mPD was quashed because the material before the Board did not demonstrate that the 130 mPD BHR permitted full use of the site's GFA (notably GFA from slope, EVA and road setback requiring about 10 mPD). The 10 m NBAs and 20 m BG were quashed as arbitrary because the CO2 AVA and the evidence provided were inadequate to justify those specific dimensional restrictions; the Board must justify such restrictive measures with cogent, proportional evidence. The matters are remitted to the Board for re-consideration in accordance with these le…