Court Blocks Plan For Flats In Yuen Long Wetlands

The High Court on Friday ruled that the Town Planning Board illegally approved a development project on wetlands in northern Yuen Long and sent back the proposal to the board for reconsideration.

CK Asset Holdings is hoping to remove fishponds at Fung Lok Wai and build 2,000 flats there. The development was approved by the board in 2013.

But Roy Tam from the group Green Sense filed for a judicial review the following year.

High Court judge Thomas Au on Friday ruled against the board, saying it had overstepped its powers in approving the proposal.

He said the board could only approve such a project in the ecologically-sensitive wetland area if it the development comes part and parcel with a sustainable plan to conserve and enhance the ecological value and functions of the area.

WWF-Hong Kong had originally agreed to participate in a public-private partnership with the developer, but pulled out just before the the Board considered the proposal in 2013 on concerns that the conservation objectives laid out were not achievable.

Justice Au said there had to be a detailed plan and funding arrangements for a conservation programme in place, in addition to a monitoring mechanism to ensure that the ponds and the wetland were being properly looked-after in the long term, for the board to approve the proposal.

However, none of these required details were ever presented for public scrutiny, and Justice Au said the board itself could not have been satisfied that the plans met the required conditions.

He agreed with Tam that the board had failed to adhere to the relevant policies in approving the project and ordered that the development plan be sent back to the board for reconsideration.

In response to the ruling, CK Asset issued a short statement saying it is studying the judgement.

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