Town Planning Board to fight court ruling on building-height limits
Government fights ruling against the building cap, which may open floodgates for other suits
The Town Planning Board is appealing against a court judgment that could have far-reaching implications for the city's rules to limit the height of buildings.
In May, the Court of First Instance questioned the basis for planning restrictions affecting the redevelopment of four blocks at Kai Tak Mansion in Kowloon Bay into a single 45-storey, 203-metre high block of flats.
The restrictions imposed include a height limit of 130 metres, the designation of areas which may not be built on and a requirement to leave a 20-metre wide gap in the centre of the site.
The height cap was less than 65 per cent of the tower's proposed height. The developer, Oriental Generation, wanted the height limit raised to 140 metres.
The court quashed the restrictions, calling them arbitrary. It requested the board reconsider whether any restrictions should be imposed on the site.
The Planning Department said the board had decided to appeal, and a hearing was scheduled for May next year. The board has also applied to the High Court for a stay of execution of the judgment.
The case is considered to have wider implications for urban planning, as the department has been introducing controls, including height limits, in various districts since 2007.
