Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Site classification under building (planning) regulations

Legal area

Court

1 Dec 2023

DELUXE ASCENT LTD v. THE DIRECTOR OF LANDS

Citation

[2023] HKCA 1330
Court

Court of Appeal
Case number

CAMP310/2022

The Court held as a matter of law that the Tribunal erred by failing to apply the fact-and-degree test to abutment; on the particular facts the Resumed Lots do abut Castle Peak Road and qualify as a class A site; the Tribunal also erred in concluding rights of way were extinguished by the 1984 resumption and in capping site coverage by reference to marketability without affording fair procedure; consequentially the Tribunal's valuation and severance conclusions were vitiated and the matter is remitted to the Lands Tribunal for reassessment.
2 Aug 2013

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

Citation

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Appeal
Case number

CACV19/2012

The Court held that the BA was entitled under s.16(1)(i) to require particulars of ownership or realistic control of Nos.10-12 because that information was necessary to determine whether the right of way constituted a street excluded from site area under BPR reg.23(2)(a); AG v Cheng Yick Chi is binding on the point that additional land must be owned or realistically controllable; the Developers' original legitimate expectation of a single-site treatment was undermined by undisclosed s.42 exemptions; accordingly the appeal is dismissed and the BAT was wrong to uphold the Developers' challenge…