23 Mar 2007
TANG MOON KAU v. THE SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS
- Citation
- TANG MOON KAU v. THE SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS
- Court
- Lands Tribunal
- Case number
- LDRW8/2005
For temporary occupation under the Railways Ordinance the land is to be valued by reference to its lawful existing use and applicable planning controls; the Pointe Gourde/Melhado principles from resumption cases do not apply to negate planning restrictions for temporary occupation valuation; the subject land lacked the physical attributes for open storage (fill and vehicular access), therefore valuation as a fishpond is appropriate and the Respondent's valuation of $9,000 is adopted.