9 Jan 2004
TOWN PLANNING BOARD v. SOCIETY FOR THE PROTECTION OF THE HARBOUR LTD
- Citation
- TOWN PLANNING BOARD v. SOCIETY FOR THE PROTECTION OF THE HARBOUR LTD
- Court
- Court of Final Appeal
- Case number
- FACV14/2003
The statutory presumption against reclamation in s.3 is not a mere material consideration; it can only be rebutted by establishing an overriding public need that is compelling and present, for which there is no reasonable alternative and which involves minimum impairment, supported by cogent and convincing evidence; the Board erred in law by applying a simple balancing test and its decisions were quashed and remitted for reconsideration under this legal test.