Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non-building area (nba)

  • 18 Nov 2015

    TOWN PLANNING BOARD v. ORIENTAL GENERATION LTD

    Citation
    TOWN PLANNING BOARD v. ORIENTAL GENERATION LTD
    Court
    Court of Final Appeal
    Case number
    FAMV17/2015

    The Court dismissed the majority of leave applications and refused leave except in narrow respects: leave was granted on Hysan's Question 2 concerning proportionality/GPI and on TPB's Question 7 in FAMV30/2015 relating to the dimensions of a non-building area; TPB's FAMV17 application was dismissed. The Court treated many contested questions as either factual, not raised below or already addressed by the Court of Appeal; the standard of review in the planning context remains largely Wednesbury with limited obligations to make further inquiries, and members who take part in a decision must be…

  • 18 Nov 2015

    LEIGHTON PROPERTY CO LTD AND ANOTHER v. TOWN PLANNING BOARD

    Citation
    LEIGHTON PROPERTY CO LTD AND ANOTHER v. TOWN PLANNING BOARD
    Court
    Court of Final Appeal
    Case number
    FAMV31/2015

    The Court refused most applications for leave to appeal and affirmed that review of the Town Planning Board's planning judgments is context specific: courts will generally apply restrained review (Wednesbury/Tameside framework) but require that any Board member participating in deliberation be adequately informed of representations; leave was granted only on narrow points (Hysan's proportionality/GPI point and TPB's question on the legal basis for determining NBA dimensions) because those issues raised arguable points of law; other challenges were refused as either factual matters or not rais…

  • 18 Nov 2015

    HYSAN DEVELOPMENT CO LTD AND OTHERS v. TOWN PLANNING BOARD

    Citation
    HYSAN DEVELOPMENT CO LTD AND OTHERS v. TOWN PLANNING BOARD
    Court
    Court of Final Appeal
    Case number
    FAMV28/2015

    The Court refused most applications for leave to appeal and dismissed TPB's FAMV17/2015 application; it granted leave only on two narrow issues (Question 7 in TPB FAMV30/2015 concerning dimensions of a non‑building area and Question 2 in Hysan FAMV28/2015 concerning whether proportionality under Basic Law applies), holding that (i) procedural fairness requires participating Board members to be adequately informed of representations but factual findings on adequacy are for trial record, (ii) most challenges raised did not raise important questions of principle sufficient to grant leave, and (i…

  • 11 May 2012

    ORIENTAL GENERATION LTD v. TOWN PLANNING BOARD

    Citation
    ORIENTAL GENERATION LTD v. TOWN PLANNING BOARD
    Court
    Court of First Instance
    Case number
    HCAL62/2011

    The Board's refusal to consider raising the BHR beyond 130 mPD was quashed because the material before the Board did not demonstrate that the 130 mPD BHR permitted full use of the site's GFA (notably GFA from slope, EVA and road setback requiring about 10 mPD). The 10 m NBAs and 20 m BG were quashed as arbitrary because the CO2 AVA and the evidence provided were inadequate to justify those specific dimensional restrictions; the Board must justify such restrictive measures with cogent, proportional evidence. The matters are remitted to the Board for re-consideration in accordance with these le…