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Legal Update

Considering Challenging the Restrictions Imposed on Your Site by the Town Planning Board? Do Check Your Government Lease First!

11 September 2012
Mayer Brown JSM Legal Update


On 5 Sept 2012, Mr. Justice Reyes of the Court of First Instance handed down his judgment in the case Lindenford Limited v Town Planning Board (HCAL 51/2011), where he dismissed a developer's application for judicial review of the decision of the Town Planning Board ("TPB") to impose building heights and building gap restrictions on a site in a draft Outline Zoning Plan ("OZP").

This case should be read together with Mr. Justice Reyes' 2 earlier decisions in Turbo Top Limited v Town Planning Board (HCAL 23/2011 and HCAL 52/2011) on 21 Nov 2011 and Oriental Generation Limited v Town Planning Board (HCAL 62/2011) on 11 May 2012. An email legal update on Turbo Top case was prepared by us last year:"Broad brush" or "micro-management"? Can Town Planning Board impose specific restrictions on a particular building? The Court of First Instance says "yes"

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