The Buildings Department chief has filed a court challenge against a decision by the buildings appeal tribunal in favour of a redevelopment in Sai Ying Pun.
The director of buildings has applied for a judicial review of the tribunal's decision in favour of an appeal lodged by a company owned by Henderson Land chairman Lee Shau-kee to develop a site in the area.
The case highlights the controversy between the department and developers over a recent measure requiring developers to prove they own the sites they seek to develop.
According to a document filed with the High Court on behalf of the department's director, the authority is dissatisfied with a decision made in January by the Appeal Tribunal for Buildings allowing Lee's Gavin Development to include a street in front of the site as part of the redevelopment area for its planned residential high-rise.
The approval has contributed to a higher plot ratio and greater site coverage by including the street in front of an adjacent site that had been occupied by a six-storey building, built in 1967 and since demolished.
Gavin Development, a company used by Lee to acquire properties for redevelopment, claims the project is the second phase of Ying Wa Court, a 31-storey residential block being built next door on Ying Wa Terrace.