The Building Authority, in a rare move, has taken the Buildings Appeal Tribunal to court because it is not happy with a decision in favour of a developer associated with Henderson Land.
In a judicial review, the authority is asking the Court of First Instance to quash a tribunal decision that resulted in an increase in the plot ratio and site coverage for a redevelopment in Sai Ying Pun.
The case stemmed from the authority's refusal to approve a building plan submitted by Gavin Development, a firm owned by tycoon Lee Shau-kee, to build a 30-storey residential building near High Street.
The court heard that the developer wanted to build the high-rise next to a residential block, Ying Wa Court. Claiming that the development was in fact a 'phase two' of Ying Wa Court, the developer sought last year to include in the building plan of the new block an access road earlier set aside for Ying Wa Court.
By including the road, the developer could enjoy more floor area because the site coverage increased.
The authority rejected the building plan in March last year, saying the flats of Ying Wa Court had been sold to individual owners. Without the ownership or control of the access road, the developer could not apply to include the road in the building plan of the new development.
The developer appealed to the tribunal, which overturned the authority's decision in January on the grounds that the authority did not have the power to require the developer to prove it had the right of the road in approving the building plan.