16 Aug 2006
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of First Instance
- Case number
- HCAL158/2005
The court held that a resubmission deemed a fresh application under Building (Administration) Regulation 29(3) can nevertheless constitute 'further particulars delivered ... upon refusal under paragraph (i)' for the purposes of section 16(1)(j), and that on the facts the proposed works involved the laying out of a means of access to Yen Ming Road so section 16(1)(h) could be engaged; accordingly the Tribunal's decision was legally flawed and must be quashed and the appeal restored for determination of the traffic‑related merits.