25 Nov 2021
AGRADE HOLDINGS LTD v. TOWN PLANNING BOARD
- Citation
- [2021] HKCFI 3559
- Court
- Court of First Instance
- Case number
- HCAL824/2020
The Board's decision was quashed because it irrationally and unlawfully relied on speculative cumulative impacts from adjoining lots and imposed an unlawful requirement of a comprehensive planning approach that fettered its discretion and denied the applicant procedural fairness; there was no evidential basis to refuse a rezoning otherwise acceptable on land use compatibility and technical assessments, so certiorari was granted and the matter remitted for reconsideration.