8 Jul 2003
SOCIETY FOR PROTECTION OF THE HARBOUR LTD v. TOWN PLANNING BOARD
- Citation
- SOCIETY FOR PROTECTION OF THE HARBOUR LTD v. TOWN PLANNING BOARD
- Court
- Court of First Instance
- Case number
- HCAL19/2003
Section 3 PHO imposes a presumption against reclamation which must be displaced only where there is a compelling, overriding and present public need demonstrated by clear, cogent evidence, no reasonable alternative exists, and the reclamation is limited to the minimum necessary; the Board misinterpreted s3 by treating the presumption as merely another material consideration and by justifying non‑essential reclamation as part of a wider scheme rather than assessing each reclamation individually, rendering its decisions unlawful and Wednesbury unreasonable; therefore the Board's decisions were…