Residents at Mount Davis Road, Mount Davis
In Town Planning Board’s making of the Draft Kennedy Town and Mount Davis Outline Zoning Plan, Masterplan Limited made a Representation for the Real Estate Developers Association of Hong Kong, raising issue on the general imposition of building height restriction in the planning area.
The residents of two private developments at Mount Davis Road engaged Masterplan Limited, to make Comments on the newly imposed building height restriction at their sites on the basis of the Representation. The residents then lodged respective Judicial Reviews against Town Planning Board’s decision not to uphold the objections contained in the Comments in 2012.
While the High Court has granted consent for the Judicial Review and a hearing date has not yet been set, Masterplan Limited provided planning input in the case.
The High Court’s consideration of the case is bound by the Court of Final Appeal’s judgement in Hysan Development Co Ltd and Others v Town Planning Board, namely concerning the right of private ownership of property under Basic Law Article 6, and the right to the use of property and to compensation for lawful deprivation of their property under Basic Law Article 105. The High Court’s decision is also expected to have implications on the considerations in imposing planning controls, such as the references to land lease conditions and the administrative measure like the Pok Fu Lam Moratorium.
Masterplan Limited entered discussions with Planning Department on behalf of the residents of two private developments, in an attempt to come to a resolution of the matters outside the court procedures. This includes meetings, and submission of a report containing schematic proposals at the two sites supported with visual study. However, Planning Department did not submit the report for Town Planning Board’s consideration, and instead circulated it to Government departments for technical comments.
The High Court heard the case in April 2018 and is yet to hand down its decision.