Skip to main content


Firm News

JSM succeeds in Court of Appeals for Castle Steps Site

6 March 2009

JSM, acting on behalf of a subsidiary of Swire Properties Limited, succeeded in the Court of Appeal in a planning case involving the "Castle Steps Site", a site at the intersection of Castle Steps, Seymour Road and Castle Road in the Mid-Levels district.

The case, which has created a lot of public interest, involved an application to the Town Planning Board (TPB) for relaxation of the height and plot ratio restrictions (and therefore an increase in the permitted gross floor area) of the site.

Under the relevant outline zoning plan (OZP), a portion of the site was subject to a height restriction of 12 storeys and a plot ratio of 5, whilst the remaining part of the site was unrestricted. As a result of the decision of the Court of Appeal, Swire is now permitted to develop a 54-storey residential building with a plot ratio of 9 on the Castle Steps Site.

The Court of Appeal's decision is one of the most significant planning law decisions in recent years. The court makes it clear that the TPB must not confuse its two different roles under the Town Planning Ordinance (TPO), namely, those of "plan making" and "plan approval".

Lead Lawyers:  FK Au and Alan Yip

Related Information

  • Related People
    Fun Kuen Au
    T +852 2843 4225
    Alan T. S. Yip
    T +852 2843 4239
The Build a Report feature requires the use of cookies to function properly. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently. If you do not accept cookies, this function will not work. For more information please see our Privacy Policy

You have no pages selected. Please select pages to email then resubmit.