Planning board decides not to challenge Clear Water Bay ruling

The Town Planning Board has decided to accept a court ruling to reconsider a decision blocking development of conservation areas at Clear Water Bay, saying the chance a successful legal appeal is small.

A board source said the board had given up on taking the case to a higher court after obtaining legal advice last month, the same day it decided to appeal against a court decision relating to another development in Seymour Road, Mid-Levels, by Swire.

A board member cited a government legal expert as saying that the board's chance of winning an appeal was less than 50 per cent. If the board lost the appeal, the legal expert said, it would probably set a precedent for future cases of a similar nature.

Another board member said the board had reacted differently to the two court cases - the Clear Water Bay and Seymour Road developments - because the judge had allowed the board to reconsider its decision in the case of Clear Water Bay.

Although the board accepted the court's ruling, members said whether the conservation areas had 'wooded slopes' and a 'river valley' - which the judge questioned after his visit to the site- was still debatable.

'We will seek professional advice from the Planning Department again and see if the areas should be maintained for conservation purposes,' a board member said.