Developer of Hong Kong’s Discovery Bay wins judicial review challenging planning board’s opposition to rezoning request
- The case concerns an undeveloped staff quarters site that developer Hong Kong Resort Company had hoped to have rezoned for residential use
- The judge in the case sided with the developer in finding that the planning board had based its decision on irrelevant information
The Hong Kong-listed developer behind the resort-like community of Discovery Bay has won a judicial review challenging town planners’ refusal to rezone for residential use an undeveloped plot originally earmarked for staff quarters, with a court ordering a reconsideration of the proposal.
Mr Justice Thomas Au Hing-cheung on Friday allowed a judicial review application based on four grounds of challenge from Hong Kong Resort Company, 20 months after he heard lawyers for the developer argue at a High Court hearing that the Town Planning Board had erred in reaching its decision.
“I will quash the decision and remit the same to the Town Planning Board for reconsideration in light of the court’s reasons set out in this judgment,” Au said in concluding his 44-page ruling, handed down on Friday afternoon.
A Hong Kong Resort Company spokesman said the developer was “pleased to receive the court’s judgment”.
The developer had proposed to amend the outline zoning plan by rezoning Area 6f, which had been set aside for staff quarters that were no longer necessary, into two mid-rise residential buildings with 476 flats to house an estimated additional population of 1,190 while maintaining the overall resort elements.
Its lawyers, led by Benjamin Yu SC, said the area was identified in response to the government’s call for additional housing stock.
