27 Feb 2009
INTERNATIONAL TRADER LTD v. THE TOWN PLANNING APPEAL BOARD
- Citation
- INTERNATIONAL TRADER LTD v. THE TOWN PLANNING APPEAL BOARD
- Court
- Court of Appeal
- Case number
- CACV407/2007
On a true construction of the Town Planning Ordinance and the approved Mid-Levels West OZP, the Town Planning Board’s discretion when deciding s.16 applications is constrained by the parameters and planning intention of the approved plan; taking into account material considerations outside that ambit is ultra vires. The judge below was correct to quash the Board’s decision and to order mandamus directing allowance of the appeal in the circumstances. The mandamus was lawfully made and remained enforceable despite panel membership changes.