May 29, 2019
Hong Kong arranging authorities stand company on selection to reject strategies for additional households in Discovery Bay
The board had explained that providing acceptance for the scheme would set an ‘undesirable precedent’
Developer Hong Kong Resort Firm tells Large Court the prepared improvement would entail an insignificant population growth
Aerial check out on the Discovery Bay plaza (left) and household buildings in the area. Image: Roy Issa
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Hong Kong’s city setting up authorities on Thursday defended their conclusion to reject strategies to create additional houses for that resort-like residential complicated in Discovery Bay.
The area’s sole developer, Hong Kong Vacation resort Business, had applied for the judicial assessment following the City Arranging Board turned down its proposal to transform a region at first designated for workers quarters into two household blocks that could accommodate one,190 men and women at parkvale Village.
The board stated in its final decision on June 23 final 12 months that the company experienced not still made use of many of the residential spots readily available, and that these an approval would established an "undesirable precedent”.
Though the corporation felt the watchdog factored irrelevant difficulties into its decision and unsuccessful to consider essential queries of what is the appropriate and finest use of the region within the upscale neighbourhood on north-eastern Lantau Island - and took lawful action.
Allow more space to develop in Discovery Bay, urges developer
Its counsel Benjamin Yu SC informed the Substantial Court on Thursday: "The applicant feels extremely aggrieved for the reason that we established out in excellent religion to satisfy the federal government.”
Yu argued the board has a minimal perform and may not have viewed as the unused locations for that is a "wrong utilization of power”.
Residential qualities in Discovery Bay. picture: Roy Issa
The character of Discovery Bay is retained. What's the basis for saying it will overstrain the existing scheduling and infrastructure?
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Benjamin Yu, counsel for Hong Kong Resort Enterprise
He also explained the population expansion projected in his client’s plan is an insignificant increase compared to your stipulated limit of 25,000 residents during the bay spot.
"The character of Discovery Bay is retained,” Yu reported. "What is the basis for saying it will overstrain the existing setting up and infrastructure?”
The board’s counsel John Litton QC replied that it was not the board’s perform to determine, on a free-standing basis, what the appropriate or greatest usage of the land is. Instead he argued the right question for decision-makers concerns whether the land use is appropriate for the outline zoning plan as a whole.
Litton stressed that Discovery Bay is unique in that there is deliberate and careful arranging, down to prescribing specific building heights and floor space spot for each land user.
"It is conceived as a single composite, complete growth … where different users complement each other and are ordered in a particular way,” he said.
So while the original planners did not preclude the possibility of an increase in inhabitants, Litton mentioned any further improvement would have to comply with the general planning intention to provide low-density development compatible with the natural environment.
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