13 Nov 2014
LEIGHTON PROPERTY CO LTD AND ANOTHER v. TOWN PLANNING BOARD
- Citation
- LEIGHTON PROPERTY CO LTD AND ANOTHER v. TOWN PLANNING BOARD
- Court
- Court of Appeal
- Case number
- CACV233/2012
The Court held (1) the TPB had statutory power under the TPO to impose BHRs, PHRs, NBAs and setbacks as planning measures (not ultra vires spot zoning); (2) Articles 6 and 105 do not engage a micro-level proportionality review of individual DOZP decisions absent a systemic constitutional challenge and, if proportionality applies, it is directed at the law with a wide margin of appreciation; but (3) the TPB breached its duty to make adequate inquiries and to give fair and proper consideration to the applicants' substantive technical representations at the CWB and WC DOZP hearings; that procedu…