Expert Witness
TOWNLAND works hand-in-hand with legal teams to ensure that Clients rights are protected. Ms Keren Seddon and Ms Cindy Tsang, in particular, are well sought-after Expert Witnesses due to their focussed background in development consultancy and familiarity with S17B Planning Appeals, Building Appeals, Judicial Reviews, Compulsory Sale Agreements and even Liquor Licensing Applications/Appeals. Examples of our Work include:
Salisbury Garden (Portion), Avenue of Stars & Tsim Sha Tsui Promenade Revitalization Plan, Tsim Sha Tsui , Hong Kong (for Shangri-La Hotels (Kowloon) Limited & Murdoch Investments Inc.) – Acted as Expert Witnesses on Planning and Visual Impact Assessment to a Judicial Review of Town Planning Board Approval for proposed Eating Place, Shop and Services, Place of Entertainment / Recreation, Sports or Culture at Salisbury Garden (Portion), The Avenue of Stars and Tsim Sha Tsui Promenade and adjoining Government Land. SUCCESSFULLY concluded. The proposed controversial project is replaced by minor short-term works only, and will be managed by Government.
Proposed Comprehensive Residential Development at the Junction of Ho Chung Road / Hiram’s Highway, Sai Kung (Various Lots in DD 214 and 244 and Government Land at J/O of Ho Chung Road / Hiram’s Highway, Sai Kung) – SUCCESSFUL Section 17B Planning Appeal in relation to a comprehensive residential development following a Section 16 Planning Application and Section 17 Review. TOWNLAND acted as the Chief Expert Witness against the Town Planning Board (TPB) at the Appeal which was SUCCESSFUL. The TPB’s rejection grounds on the S17 Review included an alleged failure to demonstrate that (1) the Planning intention in respect of the Comprehensive Development Area (“CDA”) zoning of the Site would not be adversely affected and (2) that the potential industrial / residential interface problems could be adequately addressed.
Mixed Residential, Conservation and Recreational Development, Nam Sang Wai, NWNT, Hong Kong (HKIP AWARD RECEIVED) (for Henderson Land Development Company Limited) – SUCCESSFUL S17B Planning Appeal for nature reserve, golf course and residential use on this 137 ha site in the Inner Deep Bay Hinterland. Led the multi-disciplinary team including professionals in planning, environmental sciences, ecology, engineering, traffic engineering, landscape architecture and urban design/ architecture/ golf course design, in the preparation of Planning Briefs, formulation of planning strategies and preparation of comprehensive Planning Submissions and Statements. The last HK case at the Privy Council in London in 1996, SUCCESSFUL against the Town Planning Board. Under Implementation
Proposed Columbarium on Various Lots and Government Land Zoned “Undetermined” and “G/IC”, Au Tau, Nam Sang Wai, Yuen Long(Private Sector)- SUCCESSFUL S17B Planning Appeal for a proposed Columbarium cum preservation of a Grade I Listed Building. Ms Keren Seddon was appointed to act as Expert Witness in the Section 17B Appeal against the Town Planning Board (TPB)’s decision to reject a Planning Application for a Proposed Columbarium west of Pok Oi Hospital in Yuen Long. One of the fundamental grounds of the Appeal was against the TPB’s reason for rejection that the Proposed Columbarium would unduly constrain the optimization of the future land use of the wider “Undetermined” zone under internal study by Planning Department and within which the Proposed Columbarium is to be located in a discrete and isolated portion. In addition to preparing the Expert Statement which addressed, inter alia, the difference between plan making and development control functions of the TPB, Ms Seddon was also cross-examined at the Appeal Hearing.
