HKSAR Town Planning Board

Designing Hong Kong Ltd v Town Planning Board
HK Court of Appeal, 16-Feb-2017
DHK loses its appeal against the refusal of the court below to grant a protective costs order for its judicial review of the TPB's decision in relation to the military dock in Central. The only consolation is that the Court of Appeal did not award costs of the appeal against the applicant, unlike the court below.
Hysan Development v Town Planning Board
HK Court of Final Appeal, 26-Sep-2016
In a major development in HK jurisprudence, the CFA adds a 4th leg to the proportionality test when restricting a constitutional right. If the restriction pursues a legitimate aim, is rationally connected to that aim and is no more than is necessary to achieve that aim, then the 4th leg is whether a reasonable balance has been struck between the societal benefits of the restriction and the infringement of the constitutional right, asking in particular whether it results in an unacceptably harsh burden on the individual. Kudos to Hysan for bringing this case.
Designing Hong Kong Ltd v Town Planning Board
HK Court of Appeal, 23-Oct-2015
Designing Hong Kong Ltd v Town Planning Board
HK Court of First Instance, 31-Jul-2015
Costs of the failed application for a Protective Costs Order are awarded to the defendant.
Designing Hong Kong Ltd v Town Planning Board
HK Court of First Instance, 28-Jul-2015
Leave to appeal to the Court of Appeal is granted.
Designing Hong Kong Ltd v Town Planning Board
HK Court of First Instance, 30-Apr-2015
Justice Thomas Au rules that the court must look beyond the resources of a limited company to its directors and shareholders (or in this case, members, as the company is limited by guarantee and not-for-profit). As the directors have not demonstrated that they could not fund the company's action, the application for a protective costs order (limiting their contingent liability for the respondent's costs) is refused. So even if a case is in the public interest and the applicant's directors have no personal gain, if affluent directors are bringing it, then they must fund it (if it is required to post security for costs) and cannot hide behind a limited company.
REDA v Town Planning Board
HK Court of First Instance, 3-Feb-2015
Larvotto - do you know the boatyard?
We probe the history of the SHKP/Kerry/Paliburg Larvotto, a luxury industrial-cum-residential project overlooking a typhoon shelter but behind boatyards and sawmills, which are noisy enough for the Environmental Protection Department to object to the Town Planning Board's approval, as minutes reveal. "Non-openable windows" were cited as a mitigating measure. Yours for just HK$25k/psf - can you see the bubble? (3-Mar-2010)
Town Planning Bill - In reality, only a half way house
Guest writer Nicholas Brooke, Chairman of Brooke International and a member of the Town Planning Board, examines the proposals in the new Town Planning Bill and calls for the meetings of the board to be opened to the public. (2-Feb-2000)

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