Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Building setback
  • 18 Nov 2015

    TOWN PLANNING BOARD v. ORIENTAL GENERATION LTD

    Citation
    TOWN PLANNING BOARD v. ORIENTAL GENERATION LTD
    Court
    Court of Final Appeal
    Case number
    FAMV17/2015

    The Court dismissed the majority of leave applications and refused leave except in narrow respects: leave was granted on Hysan's Question 2 concerning proportionality/GPI and on TPB's Question 7 in FAMV30/2015 relating to the dimensions of a non-building area; TPB's FAMV17 application was dismissed. The Court treated many contested questions as either factual, not raised below or already addressed by the Court of Appeal; the standard of review in the planning context remains largely Wednesbury with limited obligations to make further inquiries, and members who take part in a decision must be…