26 Sept 2016
HYSAN DEVELOPMENT CO LTD AND OTHERS v. TOWN PLANNING BOARD
- Citation
- HYSAN DEVELOPMENT CO LTD AND OTHERS v. TOWN PLANNING BOARD
- Court
- Court of Final Appeal
- Case number
- FACV21/2015
Articles 6 and 105 are engaged where planning restrictions encroach upon landowners' property rights; such encroachments must be justified by a proportionality assessment adopting a structured test (legitimate aim; rational connection; no more than necessary; and an overall balancing/fair-balance fourth step). In town planning cases where the Board has lawfully exercised its expertise and judgment constitutional review will generally be constrained by a broad margin of discretion and be limited to intervention where measures are manifestly without reasonable foundation.