Grounds
on which approval or consent may be refused.
(Cap. 131).
12
9B. (1) The Building Authority may refuse to give his approval of any plans of building works where
(a) the plans are not such as are prescribed by regulations or are not such as he may have required under this section;
(6) he has not received application for their approval in the prescribed form or any such application does not contain the particulars required therein; (c) the carrying out of the building works shown thereon would contravene the provisions of this Ordinance or of any other enactment, or would contravene any approved or draft plan prepared under the Town Planning Ordinance;
(d) he has not received such other documents as are
prescribed by regulations:
(e) such fees as are prescribed by regulations have not
been paid:
( the carrying out of the building works shown therean would result in a building differing in height, design, type or intended use from buildings in the immediate neighbourhood or previously existing on the same site;
(g) the building works consist of, or any part thereof involves, the construction, formation or laying out of any means of access or other opening, not being a street or access road, to or from any street, and the place at or manner in which such means of access or other opening opens on to the street is, in his opinion, such as to be dangerous or likely to be dangerous or prejudicial to the safety or convenience of traffic using the street, or which may be expected to use the same;
(4) in his opinion, it is necessary for him to have further particulars of such plans or of the building works shown thereon or, where all the plans prescribed by regulations have not been submitted, to have one or more of the other plans prescribed by regulations, to enable him fully to consider such plans:
(2) any further particulars or other plans delivered to him, upon his refusal, under paragraph (b), to give his approval to any plans, are not to bis satisfaction:
( such plans differ materially from those approved by the Governor in Council upon the exemption
(Cap. 255).
(Cap. 253),
13
from the provisions of the Landlord and Tenant Ordinance of the premises to which they relate. (2) The Building Authority may refuse to give his approval of any plans of street works whero—–
(a) the plans are not such as are prescribed by
regulations;
(b) he has not received application for their approval in the prescribed form or any such application does not contain the particulars required therein; (c) the carrying out of the street works shown thereon would contravene the provisions of this Ordinance or of any other enactment;
(d) in the case of an access road, the place at or manner in which the access road opens on to a street is, in his opinion, such as to be dangerous or likely to be dangerous or prejudicial to the safety or convenience of traffic using the street or access road, or which may be expected to use the same:
(e) such fees as ure prescribed by regulations have
not been paid;
(f) in the opinion of the Building Authority, it is necessary for him to have further particulars of such plans to enable him fully to consider such plans;
(g) any further particulars delivered to him, upou his refusal under paragraph (/) to give bis approval to any plaus, are not to his satisfaction. (3) The Building Authority may refuse to give his consent to the commencement of any building works or street works where-
(a) he has not received and given his approval to all the plans thereof prescribed by regulations;
(b) he has not received such other documents as may
be prescribed by regulations;
(c) such fees as are prescribed by regulations have not
been paid; or
(d) a period exceeding two years has elapsed since the approval of any of the prescribed plaas in respect of the building works or street works, except where such lapse occurs in respect of plans prepared in connexion with an application for the exemption of the building from the provisions of the Landlord and Tenant Ordinance.
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