9 Dec 2016
TONG LAU FUNG v. THE INCORPORATED OWNERS OF YUE SUN MANSIONS
- Citation
- TONG LAU FUNG v. THE INCORPORATED OWNERS OF YUE SUN MANSIONS
- Court
- Lands Tribunal
- Case number
- LDBM32/2015
The Tribunal found the proposed RCHE/RCHD is primarily a residential accommodation use (domestic) with care ancillary; that characterisation means the intended use contravenes the Occupation Permit and does not qualify as permitted shop/office use, and further the intended use falls within the prohibition in the Government Lease (tavern/boarding-house type user) and thus is illegal for lease purposes and breaches Clause 10(c) of the DMC; the use is also likely to cause nuisance/annoyance to other occupiers (lift capacity and wheelchair traffic) so a quia timet injunction restraining operation…