Court of Appeal throws out building limits on Hysan developments

Hysan Group yesterday won its battle with the Town Planning Board (TPB) over building restrictions on its sites in Causeway Bay.

The Court of Appeal allowed Hysan's appeal against the board's decision, saying it had not properly considered materials tabled by the developer in its challenge to the restrictions.

A surveyor said the judgment would give Hysan greater flexibility in future planning of the area, while another said there were always complaints by developers about the board's ambiguous criteria on height limits.

"There are features … that drive us to the inevitable conclusion that Hysan had not been given a fair hearing and its representations had not been properly or adequately considered by the TPB," the court said in its judgment.

But the court said the imposition of the planning restrictions as such did not constitute infringement of "fundamental or constitutional rights".

Features highlighted in the judgment included long sitting hours, the substantial and technical nature and volume of Hysan's representations, and the limited time for board members to digest and consider the representations.

The restrictions included in the Draft Causeway Bay Outline Zoning Plan include building height limits, non-building areas and setback limits imposed to ensure good ventilation and adequate width for pedestrian walkways.