25 Jul 2003
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of First Instance
- Case number
- HCAL147/2002
For the purpose of Reg.23(2)(a) an area within a site will be excluded from site area only if it has been dedicated to the public for passage or is subject to subsisting third‑party rights of passage (the landowner's ability to control and exclude is determinative); however, for other regulatory contexts (eg Reg.2(1) site classification) the existence of a street may be determined by physical characteristics, use and context. Applying these principles the Appeal Tribunal correctly found Section B was not a street for Reg.23(2)(a) and correctly found the EVA to be a street of requisite width a…