13 Aug 1997
DELIGHT WORLD LTD v. THE TOWN PLANNING APPEAL BOARD
- Citation
- DELIGHT WORLD LTD v. THE TOWN PLANNING APPEAL BOARD
- Court
- Court of First Instance
- Case number
- HCMP197/1996
A Justice of Appeal was not a 'public officer' within s17A(2) as then enacted; uncertainty as to a future event (the bypass routing) does not alone justify refusal because permission can be conditioned, but the Appeal Board properly dismissed the application on the separate and decisive ground that resumption for the Kam Tin drainage channel made the proposed development insufficiently defined and thus incapable of lawful grant; judicial review therefore dismissed.