The Town Planning Board drew criticism from a judge yesterday for imposing an 'arbitrary' height restriction on a Kowloon Bay estate that was headed for redevelopment.
In a defining legal battle, the board lost a judicial review launched by property developer Oriental Generation to challenge the height limit on Kai Tak Mansion on Kwun Tong Road. The company acquired more than 80 per cent of the four-block, 50-year-old housing estate and plans to build a 45-storey residential tower on the site.
Its plans were thwarted by the town planners' decision last month to cap developments in the area to 130 metres - less than 65 per cent of the height of the proposed tower.
Yesterday, the court ordered the board to reconsider its decision.
The unprecedented court ruling questioned the board's justifications for setting a specific height limit that might undermine a land owner's development right.
The verdict is expected to trigger judicial reviews from more developers unhappy with the government's moves to cap the heights of their developments since 2007.
Mr Justice Anselmo Reyes said: 'The board has power under the [Town Planning Ordinance] to impose building height restrictions, non-building areas or building gaps on particular sites.