18 Apr 1994
AUBURNTOWN LTD. v. TOWN PLANNING BOARD
- Citation
- AUBURNTOWN LTD. v. TOWN PLANNING BOARD
- Court
- Court of First Instance
- Case number
- HCMP222/1993
The Board acted within the powers conferred by the Town Planning Ordinance: s.3(1)(b) may legitimately include specification of types/uses (eg. 'House') in a draft development permission area plan; draft and approved plans form part of a legislative planning process (subsidiary legislation) and the Board's s.6 objection hearings are legislative/input stages rather than adjudicative determinations; Article 10/B.O.R.O. was not engaged because the Board's decision at s.6 was not a decisive 'determination' of civil rights (Governor in Council may override under s.9(2)); judicial review dismissed.