Hong Kong Case Law: Decisions & Judgments

Topic

Planning conditions

Legal area

Court

21 Nov 2011

TURBO TOP LTD v. TOWN PLANNING BOARD

Citation

TURBO TOP LTD v. TOWN PLANNING BOARD
Court

Court of First Instance
Case number

HCAL23/2011

The TPB acted within the scope of its statutory powers under the Town Planning Ordinance (notably ss.3(1) and 4(1) including the s.4(1) proviso) in rezoning the site to C(1) and imposing a requirement for a minimum of 800 public parking spaces (subject to minor relaxation); the decisions were not ultra vires, inconsistent, procedurally unfair or discriminatory and the judicial reviews fail.
24 Jan 1996

LO CHAN WAN v. APPEAL BOARD AND ANOTHER

Citation

LO CHAN WAN v. APPEAL BOARD AND ANOTHER
Court

Court of Appeal
Case number

CACV150/1995

The Appeal Board materially misunderstood the planning intention to preserve the wetland/buffer character of Nam Sang Wai and that misunderstanding vitiated its decision; accordingly certiorari was granted quashing the Appeal Board's permission.
15 Jun 1995

SECAN LTD. v. ATTORNEY GENERAL OF HONG KONG

Citation

SECAN LTD. v. ATTORNEY GENERAL OF HONG KONG
Court

Court of Appeal
Case number

CACV120/1995

Clause 12(a) is clear and self-contained and empowered the Director of Environmental Protection to require the implementation of such ameliorative measures as he deemed necessary (including a noise barrier); the Government Guidelines did not fetter that power nor create a binding 'reasonable businessman' expectation; the DEP's power was not spent by earlier proposals; estoppel and legitimate expectation were not established; and Wednesbury review was not properly invoked in these originating summons proceedings without leave, so the appeal must be allowed and the judge's declaration set aside.

Hong Kong Case Law

TURBO TOP LTD v. TOWN PLANNING BOARD

LO CHAN WAN v. APPEAL BOARD AND ANOTHER

SECAN LTD. v. ATTORNEY GENERAL OF HONG KONG