Hong Kong developer wins legal battle against building restrictions
City’s top court rules that the constitutional rights property firms enjoy under the Basic Law must be considered when the Town Planning Board imposes curbs
Hong Kong’s top court ruled on Monday that the private property rights of developers seeking to build taller and denser city blocks are constitutionally protected.
But while the Court of Final Appeal said town planners must take the Basic Law into consideration when imposing building restrictions on developers, it concluded that property firms would be “highly unlikely” to bring about a constitutional review of such decisions unless they were being subjected to “exceptionally unreasonable” demands.
The Town Planning Board said it would seek legal advice over the implications of the judgment on its practices and procedures.
The ruling was in response to an appeal by Hysan Development, which owns prime real estate across Causeway Bay and Wan Chai, against a series of planning restrictions imposed by the board in draft outline zoning plans in 2010.
The developer welcomed the judgment, saying it could have long-term significance for its future projects.
At issue was a 130-metre height restriction imposed on Hysan’s buildings, including Lee Garden Three in Causeway Bay. The board had cited the need to facilitate air ventilation and pedestrian flow in already crowded and built-up areas that would be affected.