18 Jan 2007
CAPITAL RICH DEVELOPMENT LTD AND ANOTHER v. TOWN PLANNING BOARD
- Citation
- CAPITAL RICH DEVELOPMENT LTD AND ANOTHER v. TOWN PLANNING BOARD
- Court
- Court of Appeal
- Case number
- CACV386/2005
The Court found TPB had in fact relied upon the URA's asserted financial viability consequences; on the evidence the financial assertions were insufficiently supported and thus amounted to an irrelevant consideration that materially influenced the Board's decision. Because the irrelevant consideration was material the TPB's decision was unlawful and was quashed; the matter was remitted for reconsideration. The Court emphasised that financial viability can be a relevant planning consideration but must be properly evidenced and balanced with other planning and property rights considerations.