25 Apr 2005
FINE TOWER ASSOCIATES LTD v. TOWN PLANNING BOARD
- Citation
- FINE TOWER ASSOCIATES LTD v. TOWN PLANNING BOARD
- Court
- Court of First Instance
- Case number
- HCAL5/2004
The Board's decision was quashed because its procedure was unfair: it obtained and relied decisively on material opinions from the Lands Department and the Department of Justice without disclosing them to the applicant or allowing the applicant to make representations; further, the applicant showed at least a viable arguable case that the draft OZP restrictions could constitute a de facto deprivation under Article 105 and s.4(2) of the Town Planning Ordinance, so the matter must be remitted to the Board for a fresh hearing; a declaratory order was unnecessary; costs awarded to applicant.