4 Sept 2020
TAM HOI PONG v. TOWN PLANNING BOARD
- Citation
- [2020] HKCFI 2265
- Court
- Court of First Instance
- Case number
- HCAL20/2014
The court quashed the TPB decision because the TPB acted ultra vires in imposing Condition (o) and thereby deferring to government departments the determination of essential PPP requirements derived from the TPB policy and the 2011 NNCP Arrangements (funding and conservation agent provisions) which are material preconditions that must be satisfied and subject to public and TPB scrutiny before approval; the applicant's legitimate expectation that TPB would require compliance with those requirements was therefore breached; challenges on misapplication of the precautionary approach and the no ne…