11 May 2012
ORIENTAL GENERATION LTD v. TOWN PLANNING BOARD
- Citation
- ORIENTAL GENERATION LTD v. TOWN PLANNING BOARD
- Court
- Court of First Instance
- Case number
- HCAL34/2012
The Board's refusal to consider increasing the BHR beyond 130 mPD was quashed as arbitrary because the material before the Board did not establish that the permitted plot ratio/GFA (notably GFA from EVA and road setback equivalent to about 10 mPD) could be accommodated at 130 mPD, and both the 10 m NBAs and 20 m BG were quashed as arbitrary because the CO2 Air Ventilation Assessment relied on a narrow methodology that did not justify those specific dimensions; the restrictions lacked the cogent evidence required for measures that substantially limit development rights.