13 Nov 2014
ORIENTAL GENERATION LTD v. TOWN PLANNING BOARD
- Citation
- ORIENTAL GENERATION LTD v. TOWN PLANNING BOARD
- Court
- Court of Appeal
- Case number
- CACV129/2012
The court held that although the Board possessed power to impose area-wide height controls and to amend OZPs by s7, the specific 130mPD building height restriction, the two 10m non-building area strips and the 20m central building gap imposed on the Kai Tak Mansion site were irrational/arbitrary on the evidence before the Board (principally because the Board had not demonstrated the 130mPD permitted full use of plot ratio/GFA and the AVA/visual evidence did not justify the specific NBA and BG dimensions); additionally the decision-making process was procedurally unfair because some Board memb…