13 Nov 2014
TOWN PLANNING BOARD v. ORIENTAL GENERATION LTD
- Citation
- TOWN PLANNING BOARD v. ORIENTAL GENERATION LTD
- Court
- Court of Appeal
- Case number
- CACV127/2012
The Court held the three Restrictions (BHR at 130mPD, the two 10m non-building areas and the 20m building gap) were arbitrary or not supported by sufficient evidence and the Board's decision-making process was procedurally unfair insofar as some members who decided had not been adequately apprised of the representations; OZP27 as an amendment under s7 was valid; the restrictions were quashed and the matters remitted to the Board for reconsideration in accordance with the judgment.