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1. LCQ5: Applications for change of land use

1. LCQ5: Applications for change of land use
Hong Kong Government, 25 June 2003

Following is a question by the Hon Lau Ping-cheung and a reply by the Secretary for Housing, Planning and Lands, Mr Michael Suen, in the Legislative Council today (June 25):

Question:

Regarding applications for change of land use made by private developers under section 16 of the Town Planning Ordinance and through other means, will the Government inform this Council:

(a) whether it has a policy to reduce the number of approvals given to applications by private developers for change of land use; the criteria adopted by the Town Planning Board for vetting and approving applications made in the two ways mentioned above; the channels through which applicants may seek a review of or lodge an appeal against the application results;

(b) exclusive of New Territories small house applications, of the respective numbers of applications for change of land use made by private developers in the two ways mentioned above, in each of the past five years, the duration of the case which involved the longest vetting time, and the vetting time for the applications which got the earliest approval; the current number of outstanding applications, as well as the estimated number of applications that may be approved; and

(c) in relation to the applications made in these two ways in each of the past five years, of the respective numbers of residential developments approved, the floor areas and the numbers of flats to be produced by each development, as well as the amounts of land premium derived by the authorities from each development?

Reply:

Madam President,

My reply to the three parts of the question is as follows :

(a) It is the Government's policy to ensure that the planning of land use meets the long-term development needs of Hong Kong. In view of the changing demands of the market and the community, the existing town planning system has provided means for private developers to apply for change of land use.

These means include submitting to the Town Planning Board (TPB) proposals for amendments to statutory plans and planning applications under section 16 of the Town Planning Ordinance. In considering these proposals or applications, the TPB would take into account a number of factors, mainly the planning intention and the impacts of the proposed development on the traffic, landscape, environment and infrastructure of the surrounding areas. Professional advice from the relevant government departments and the views of local stakeholders would also be taken into account. The TPB operates independently. It has not set any quota for the number of applications to be approved.

Where an applicant is aggrieved by a decision of the TPB on a planning application made under section 16 of the Town Planning Ordinance, the applicant may, within 21 days of being notified of the decision of the TPB, request for a review of the decision under section 17 of the Ordinance. The review must be conducted within three months after receipt of the application. An applicant who is still dissatisfied with the decision of the review may lodge an appeal within 60 days from the date of notification of the TPB's decision under section 17B. The appeal will be heard by the Town Planning Appeal Board, which is independent of the TPB.

The procedures for handling of proposals for amendments to statutory plans are basically the same as that of planning applications. If endorsed, the proposed amendments will be gazetted as required by the Town Planning Ordinance. If the proposal is not accepted, the proponent may revise his proposal based on the grounds for refusal, or provide new justifications in respect of the original proposal for the TPB's reconsideration.

(b) The respective numbers of planning applications and proposals for amendments to statutory plans submitted by private developers in the past five years are at Annex 1 (PDF format). The figures include developments of different sizes and nature such as commercial developments, residential developments and change of use of industrial premises, etc.

Under the Town Planning Ordinance, the TPB is required to consider planning applications submitted under Section 16 of the Ordinance within two months upon receipt of such applications. For proposals for amendments to statutory plans, no time frame for consideration is specified in the law. Nevertheless, the Planning Department has given the performance pledge that these proposals will be submitted to the TPB for consideration within three months. At present, there are 33 planning applications and 44 proposals for amendments to statutory plans which have yet to be considered by the TPB, 74 of which have been deferred at the request of the applicants, mostly because they need more time to prepare additional information and justifications for the TPB's reference. As the nature of each of the applications is different, we cannot estimate the number of applications that will be approved.

(c) Detailed information on the number of approved private residential developments involving change of land use by means of planning applications and proposed amendments to statutory plans, together with the floor area involved, the estimated number of flats that can be produced and the amount of land premium derived from modification of the land lease in respect of each of these developments in the past five years is set out at Annex 2. (PDF format)

It is based on market demand and other relevant factors that developers would decide whether or not to proceed with any particular residential development. Moreover, applying for planning permission or amendment to statutory plans is only part of the entire development process. To complete a development project, there are still other procedures, including modifying the land lease conditions, payment of modification premium, submitting building plans in accordance with the Buildings Ordinance and carrying out the construction works, etc.