13 Nov 2014
HYSAN DEVELOPMENT CO LTD AND OTHERS v. TOWN PLANNING BOARD
- Citation
- HYSAN DEVELOPMENT CO LTD AND OTHERS v. TOWN PLANNING BOARD
- Court
- Court of Appeal
- Case number
- CACV232/2012
The TPB had statutory power to impose BHRs, PHRs, NBAs and setbacks as planning measures; Articles 6 and 105 do not, absent a systemic challenge, convert every planning restriction into a freestanding constitutional proportionality inquiry at the micro decision level; however the TPB breached public law in these proceedings by failing to make adequate inquiries (Tameside duty), by failing to give Hysan a fair hearing and proper consideration of its evidence (including technical expert material), and by improperly relying on the existence of minor relaxation procedures as a reason to reject su…