27 May 2021
TUNG CHUN CO LTD v. TOWN PLANNING BOARD
- Citation
- [2021] HKCA 758
- Court
- Court of Appeal
- Case number
- CACV49/2019
The Court of Appeal dismissed the appeal: the applicant failed to prove substantive or procedural legitimate expectations, the TPB acted within its broad planning discretion (its exclusion of certain buildings and choice of visual vantage points were not irrational), and the 120mPD BHR was not manifestly without reasonable foundation under Basic Law proportionality review; the rejection decision was quashed and the representation remitted for fresh consideration but subsequent OZPs repeating the BHR were not quashed; costs of the appeal awarded to the TPB.