Judge cites Hong Kong planning board for 'tainted decisions' after quashing building limit decision
High Court rules that the refusal amounted to 'procedural unfairness'
A High Court judge yesterday quashed a decision by the Town Planning Board citing "procedural unfairness" and "tainted decisions" in its refusal to amend building plans.
The Real Estate Developers Association sought permission from the board in 2011 to adjust plans for projects in Ngau Tau Kok, Kowloon Bay, Wan Chai, Mong Kok and Yau Ma Tei. However, the board turned down the proposal and imposed tighter restrictions on the height and depth of structures.
This is the second time a developer has won a similar challenge. In November last year, Hysan Development also won a case against the Town Planning Board in the Court of Appeal over restrictions on the height of buildings at its sites in Causeway Bay.
In that case, the judges found Hysan had not been given a fair hearing and its representations had not been properly or adequately considered by the board.
In his written judgment yesterday, Mr Justice Thomas Au Hing-cheung said: "I am convinced the board cannot show by evidence that all members involved in the decision making in each of the four meetings were fully apprised of the applicant's detailed representation … and had considered them adequately before rejecting them."
The association submitted the draft plans to the board in 2011. But the board imposed restrictions on "non-building areas" in four of their sites.
The association wanted to amend their plans but the board refused. The association sought a judicial review the same year.