15 Sept 2021
JOIN SMART LTD v. TOWN PLANNING BOARD
- Citation
- [2021] HKCFI 2726
- Court
- Court of First Instance
- Case number
- HCAL1549/2020
The Committee legitimately treated the ongoing government feasibility study as a relevant and sufficiently imminent consideration in a s.12A rezoning application; on the facts the study was a seriously entertained proposal and could justify refusal to rezone private land for private housing pending its outcome. The Committee did not breach any reasonable inquiry duty nor act irrationally in rejecting the rezoning; the substantive judicial review is dismissed though leave to apply was granted.