2 Aug 2013
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of Appeal
- Case number
- CACV19/2012
The Court held that the BA was entitled under s.16(1)(i) to require particulars of ownership or realistic control of Nos.10-12 because that information was necessary to determine whether the right of way constituted a street excluded from site area under BPR reg.23(2)(a); AG v Cheng Yick Chi is binding on the point that additional land must be owned or realistically controllable; the Developers' original legitimate expectation of a single-site treatment was undermined by undisclosed s.42 exemptions; accordingly the appeal is dismissed and the BAT was wrong to uphold the Developers' challenge…