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1. SHPL's speech on town planning and urban design

2. No backtracking on plan for culture hub, pledges Tsang

3. LCQ5: Development Project of West Kowloon Cultural District

1. SHPL's speech on town planning and urban design
Hong Kong Government, 24 November 2004

Following is the speech by the Secretary for Housing, Planning and Lands, Mr Michael Suen, in the motion debate on "Developing town planning and urban designs featuring local characteristics for the 18 districts" moved by Hon Patrick Lau at the Legislative Council today (November 24):

President, Honourable Members,

The motion moved by the Honourable Patrick Lau today basically urges the Government to review the planning policies, revise the Hong Kong Planning Standards and Guidelines (HKPSG) and set up an inter-departmental group to coordinate town planning which reflects the characteristics of every district.

First of all, I would like to thank the Honourable Patrick Lau for raising this issue of town planning for discussion in this council. This important topic is of great concern to all of us. I am glad to discuss with Honourable Members the vision and principles of town planning adopted by the Government. Town planning is aimed at serving the general public of Hong Kong. Our objective is to provide a living environment and space which is comfortable and safe, which meets the needs of social development, achieves sustainable development and benefits the next generation. Planning work has to keep abreast of the times and be applied flexibly. During the planning process, it is important for us to identify the goal and direction of development, and to protect and make good use of the precious resources of our society. While ensuring land resources are put to good use, we also have to achieve the goal of orderly and coherent development. Planning work is in effect not only a dynamic process and even more so, an art in itself.

As the land area, history, topography, economic development and characteristics vary among districts, and the population density, age, and the living pattern of the residents also differ so that the demand for public facilities varies, planning work is required not only to keep pace with the times but also to match with the needs of the local districts. Therefore, I strongly support the rationale behind the Honourable Patrick Lau's motion.

However, I do not agree with the Honourable Patrick Lau regarding his remark that the HKPSG was only revised infrequently so that most of the guidelines have become out of step with present-day circumstances and that planning policies did not pay regard to the local characteristics of individual districts. In view of this, I think there is a need for me to clarify the purpose, application as well as the updating of the HKPSG; and to explain how planning for the districts is carried out.

The Purpose and Application of the HKPSG

The purpose of the HKPSG is to provide general guidelines and guidance to ensure that, during the planning process, the Government will reserve adequate land and provide appropriate public facilities to facilitate social and economic development and to meet the needs of the public.

The application of the standards and guidelines is clearly set out under Section 5, Chapter 1 of the HKPSG. It underlines the point that the planning standards and guidelines should only serve as a reference. When implementing the planning for districts, government departments have to take into consideration the characteristics of the local population, the practical conditions and the characteristics of the districts, the development constraints and the availability of resources, etc. In the process of carrying out territorial, regional and district planning, we always bear in mind the need to respond to local demands, form partnerships with the civil society, actively promote participation of the general public and the local residents, and exercise flexibility in applying the planning standards and guidelines in order to effectively coordinate the planning work on all three levels.

Revision of the HKPSG

The HKPSG is not a rigid document at all. From time to time, Planning Department makes additions, deletions or revisions to the planning standards to keep pace with government policies and the changing needs of society.

The compilation of the HKPSG can be traced back to 1965. As the Honourable Lee Wing-tat pointed out in his amendment motion, the standards and guidelines have undergone a number of major revisions. Since its re-editing in 1990, the HKPSG has had 41 revisions, including as many as 15 revisions of a whole chapter. In the past five years, the HKPSG had a total of 16 revisions, which included amendments to the standards and guidelines of various facilities, and the addition of new guidelines such as the urban design guidelines and the guidelines on greening. Each major revision was incorporated after a detailed study, thorough research and extensive public consultation.

Planning with District Characteristics

I now come to the subject of district planning and how it has reflected the needs and characteristics of the respective districts. Planning Department has always given full consideration to the topography, development conditions and special functions of individual districts in the course of planning in order to display to the full and make the best use of the district characteristics, with a view to providing a sound basis for land utilization and urban design.

Taking the former Kai Tak Airport site as an example, the Planning Department has commenced a new round of planning review to take into account the latest situation and the public's aspiration for the development of the area. Public consultation in the form of public forums and community workshops are being carried out with a view to exchanging views with the public and understanding their needs and aspirations in order to ensure that the development proposal to be put forward will not only bear a unique district character but also meet public aspirations. At the same time, for districts which have a clear district identity such as Central, Wan Chai and Tsim Sha Tsui, the Planning Department would, through appropriate planning, enhance their status as Hong Kong's financial, commercial and tourist hubs. The recent launching of the public consultation exercise for Feasibility Study for Area Improvement for Tsim Sha Tsui is a notable example.

The Government has also set out the planning vision for different regions. The South East New Territories is identified as the 'Leisure Garden of Hong Kong' and the North West New Territories would be the gateway to the Pearl River Delta. In fact, before sub-regional planning is conducted and the vision for different regions is determined, the Planning Department has always conducted extensive public consultations, and consultation with the relevant District Councils and local resident organisations is one of the necessary steps.

Urban Design Guidelines

In 2003, after extensive public consultation, the Planning Department completed a study on Urban Design Guidelines for Hong Kong. In the same year, the findings and recommendations of the study were incorporated into the new Chapter 11 of the HKPSG to lay out a set of urban design guidelines. The guidelines provide a framework and detailed principles of urban planning, as well as guidance for development plan formulation on the macro- and micro-levels. The guidelines are aimed at shaping a better built environment in Hong Kong, in particular strengthening and enhancing the local characters of different districts. A variety of topics are covered in the guidelines, including disposition of buildings, development height profile, uses of the waterfront, public realm, streetscape, historical heritage and so on. The Planning Department has begun to implement these guidelines in phases. For instance, interim building height controls were imposed on business areas in Kowloon Bay and Kwun Tong last March to preserve public views to ridgelines of the Kowloon Peninsula. In the meantime, the Planning Department plans to incorporate building height controls into the relevant statutory outline zoning plans.

Regarding the Honourable Alan Leong's concern on land uses in Hong Kong being dominated by private developers, I would like to point out that the government has all along acted as a 'facilitator', setting out a market framework which is fair, transparent, simple and appropriate to enable the private sector to develop and express their creativity, further enhancing the district character and vibrancy. The examples of Lan Kwai Fong and the Soho, which are well-known locally and abroad, neatly illustrates how such a flexible framework would enable the market to develop and enhance its district character.

At the same time, the government attaches equal importance to its role as a 'regulator'. As the development and use of land cannot remain unregulated, it is necessary that all developments conform with the planning intentions and development restrictions set out in the corresponding statutory plans. The statutory plans are prepared by the Town Planning Board in accordance with statutory procedures set out in the Town Planning Ordinance, where a proper mechanism is available for the public to put forward views regarding individual statutory plans and development proposals. The Town Planning Board comprises a wide representation of members with different expertise, including relevant professionals and local leaders. Therefore, I am confident that Hong Kong's land uses are not dominated by the private developers.

Statutory and Administrative Planning Measures to Promote Local Characters

In addition to statutory powers, the Planning Department will also employ administrative planning measures to preserve and reinforce the unique character of individual districts and to enhance the functions and visual quality of public space. Let me recount some examples:

(1) We have managed to preserve the distinctive "garden estate" building character of Kowloon Tong by stipulating appropriate controls on the building height and development intensity within the "Residential (Group C)1" zone in the Kowloon Tong Outline Zoning Plan;

(2) We can also impose approval conditions on planning permissions granted by the Town Planning Board to major development projects so as to retain the characteristics of individual sites. A case in point is the Ngau Chi Wan comprehensive development project, where the applicant was required to submit and implement a preservation plan for the historical buildings of the St. Joseph's Home for the Aged;

(3) We can also conduct district improvement studies such as the Pedestrian Plan for Causeway Bay and the Feasibility Study for Area Improvement for Tsim Sha Tsui;

(4) We can also specify building setback requirements in the Outline Development Plans for specific Planning Areas to make more space available for landscaping, planting and streetscape beautification.

Cooperation with Other Government Departments

Moreover, to improve the district environment, various government departments have set up working committees such as the Streetscape Enhancement Task Force of the Highways Department and the Greening Master Plan Committee of the Civil Engineering and Development Department. One of the important principles adopted by these committees is to express the local character in streetscape design and thematic planting. Another important ingredient is of course to allow local citizens to participate by giving their views and suggest designs.

The Honourable Patrick Lau's motion proposed to set up an inter-departmental group to co-ordinate district planning, and the Honourable Lee Wing-tat's amendment motion proposed to set up an organization comprising representatives from District Councils, citizens, professionals and people from the cultural sector. I would like to point out that there is already an existing mechanism which adequately co-ordinates and supervises district planning work. There is a District Management Committee in each of the 18 districts in the territory chaired by the relevant District Officer with members which include the Chairman and Vice Chairman of the related District Council, and the representatives of government departments such as the Planning Department, Transport Department and Civil Engineering and Development Department, while the Chairmen of all the committees under the District Council were also in attendance. District planning falls within the jurisdiction of District Management Committees, and the facts show that the existing mechanism is working effectively. As such, I do not see the need to set up another mechanism, which could cause an overlap of duties and slow down the implementation of planning work.

Public participation

I fully agree with the amendment proposed by the Honourable Lee Wing-tat and the Honourable Alan Leong to strengthen public participation in the planning process. In order to enhance public participation, the government has strenuously encouraged professional organizations, the public and the locals to take part in the planning and design of their districts. Our aim is to develop each district with its own individual character through collective wisdom and concerted effort. The 'Harbour-front Enhancement Committee'(HEC) recently established by the government to collect opinions about the planning of the Victoria Harbour is a good example of public participation. Through setting up the HEC, we hope to strength public participation in the harbour's planning and development. The Committee has very wide representation, covering the professional, academic, and business sectors as well as representatives from the districts and the government. The HEC adopts an open and transparent mode of operation and welcomes ideas and suggestions from all sectors of the community.

In his proposed amendment, the Honourable Alan Leong has stated that we should conduct long-term planning for the whole territory in accordance with the concept of sustainable development. This tallies very well with our objective. In fact, the future planning concept of Lantau Island is based on the principles of sustainable development. With regard to the overall long-term planning of Hong Kong, the Hong Kong 2030: Planning Vision and Strategy study is now at stage four. We will continue to consult various sectors of the community and professional organizations so that the overall long-term planning of Hong Kong is in line with the objectives of sustainable development.

Conclusion

I want to express my gratitude to the Honourable Patrick Lau for his motion, and to thank the Honourable Lee Wing-tat and the Honourable Alan Leong for their amendments. In fact, we share the same goal. The impetus behind us is our commitment to our home - Hong Kong. When we plan forward, apart from being flexible and making use of statutory and administrative measures, we also have to balance the different aspirations and co-ordinate the overall development of the community. We believe that the most effective way to achieve the above objectives is for the government to provide a planning framework which is backed by legislation and in line with the above principles. The existing Town Planning Ordinance and the Hong Kong Planning Standards and Guidelines provides the overall and directional framework while at the same time providing room for the specific and detailed planning of individual development projects according to their own characteristics. In encouraging and assisting the market to develop district character, we will have to balance the themes of the developments to avoid repetitions or incompatibility with the overall design of the city. I have carefully listened to the opinions put forth by the Members of the Legislative Council. I hope that all sectors of society will join hands with the Government, and that the Legislative Council will work more closely with the Administration, so as to develop urban planning with local characteristics of the 18 districts.

Thank you President.

2. No backtracking on plan for culture hub, pledges Tsang
CHLOE LAI and WINNIE YEUNG, SCMP 25 November 2004

The government would not suspend the West Kowloon cultural project or set a standard for the site's development density, the chief secretary said yesterday.

Donald Tsang Yam-kuen told the legislature that suspending the project would be an unjust decision and would affect the city's investment atmosphere.

Confronting some hostile lawmakers who repeatedly questioned the project, Mr Tsang said the scheme was widely supported by the Legislative Council, members of the arts and cultural community and the public.

Democratic Party legislator James To Kun-sun asked if the administration would research public expectations on the project, set a standard plot ratio for the 40-hectare site and hand down the management of facilities there to a statutory body.

But Mr Tsang said: "If we start this project all over again, it will give a negative impact to the city's investment environment. Investors will lose confidence and wonder why the government and Legco change their standpoint all the time.

"I believe Legco would not be that heartless and overrule this project. Also, the government would not be unjust and halt the project."

Mr Tsang ruled out setting a standard on the plot ratio, saying designers needed flexibility.

Plot ratio compares floor area to site area. The government has only set a minimum for West Kowloon, at 1.81 to 1. All three shortlisted proposals have much higher ratios, meaning they will have a higher density than the benchmark.

Under the current timetable, public consultation on the projects will conclude by the end of March after a series of exhibitions and forums starting next month. The government will then select the winning bidder before submitting the final proposal to Legco and the Town Planning Board for consent.
Construction will start in April 2007. The core arts and cultural facilities are scheduled to be completed in phases between 2011 and 2013.

A survey by the University of Hong Kong's Public Opinion Programme found that 83 per cent of 1,009 respondents wanted the government to have a large-scale public consultation before selecting the winning bid.

The survey, commissioned by Sunny Development - a Sino Land, Wharf Estates and Chinese Estates Holdings consortium - found 70 per cent of the public did not take part in cultural activities.

More than half of the interviewees expect the project to raise Hong Kong's cultural and arts standards.

3. LCQ5: Development Project of West Kowloon Cultural District
Hong Kong Government, 24 November 2004

Following is a question by Hon James To and an oral reply by the Chief Secretary for Administration, Mr Donald Tsang, in the Legislative Council meeting today (November 24):

Question :

With regard to the Development Project of West Kowloon Cultural District ("Cultural District"), will the Government inform this Council:

(a) given that many members of the public and the cultural sector have criticized the Government for its inadequate public consultations when launching the Cultural District Project, whether it will conduct any research to find out which cultural activities and facilities will meet the needs and expectation of the community;

(b) given that the plot ratios for buildings proposed in the three development proposals which have passed stage one of the assessment process are much higher than those stated in the Invitation for Proposals, of the measures it will take to prevent the Cultural District Development Project from becoming a real estate project, and to avoid commercial skyscrapers built in the Cultural District obstructing the views and screening off the ridgelines on both sides of the Victoria Harbour; and

(c) whether it will consider commissioning the management responsibility of the Cultural District to a new statutory body comprising members from various sectors of society?

Reply:

Madam President,

(a) The West Kowloon Cultural District (WKCD) project has generated heated discussions in recent days. I am most grateful to Hon James TO for bringing up this issue and allowing me to clarify certain points and remove any unnecessary misunderstandings.

The first part of the question is related to the consultations and studies conducted for the WKCD project. As far as consultations are concerned, the Administration will soon launch a large-scale consultation exercise on the screened-in proposals. Starting from mid December, the proposals and models of the selected proponents will be put on exhibition at the Hong Kong Science Museum in Tsim Sha Tsui. Recently, there have been comments from some quarters that the original six-week exhibition period is too short. After careful consideration of public views and consultation with the three proponents, we have decided to hold another round of exhibition from early February to late March next year at the Hong Kong City Hall following the exhibition in Tsim Sha Tsui. The entire consultation will last for more than three months.

I must point out that a long process will be involved to take forward this project and we attach great importance to the views of the stakeholders at different stages. We held six consultation forums in 2002 to seek the views of the cultural sector about the WKCD project. After the invitation for proposals was announced in 2003, we also met people from the cultural sector many times to discuss the contents of the project and listen to their views. From end 2003 to early 2004, Home Affairs Bureau (HAB) had held one large-scale brainstorming session and eight sub-committee meetings. WKCD Development Project Co-ordination Office has also met leading professional bodies in Hong Kong to gauge their views. At the same time, government representatives also attended forums organised by other groups, including one organised by the Democratic Party on 21 December last year. The Administration had briefed Honourable Councillors on the progress of the project on a number of occasions. On the other hand, we received valuable views from the Cultural and Heritage Commission and Hong Kong Arts Development Council (HKADC) at different stages. A large-scale public consultation exercise is going to be launched next month to solicit views from the community on the specific proposals made by the three screened-in proponents for consideration in our final screening and this is unprecedented. This round of consultation will provide a golden opportunity for various sectors to air their views. To sum up the aforesaid, we consider that our consultation has been very comprehensive.

We have also done a lot in terms of surveys and researches. As early as 1996, the then Hong Kong Tourist Association (HKTA) conducted a large-scale survey on visitor arrivals and subsequently submitted to the Legislative Council in 1998 its proposal of providing additional new cultural and performing arts venues in Hong Kong. Two other reports, namely the "Cultural Facilities: A Study on Their Requirements and the Formulation of New Planning Standards and Guidelines" commissioned by the Planning Department in 1999 and the "Report of the Consultancy Study on the Provision of Regional District Cultural and Performance Facilities in Hong Kong" jointly commissioned by HAB and the Leisure and Cultural Services Department (LCSD) in 2002, came to the same conclusion that more cultural and performing arts venues should be provided in Hong Kong to meet the increasing demand. Furthermore, the Planning Department has also carried out extensive consultation among arts groups in the process. The study report by the Planning Department, which has taken into account proposals by the arts groups, put forward the idea of a "cultural district" for linear development with a view to producing synergy effects. In the "Study on the Feasibility of a New Performance Venue for Hong Kong" commissioned by HKTA in February 1999, the notion of the cultural district was further developed and the West Kowloon Reclamation recommended as the site for the district. The Planning Department's study also made the point that the existing operation of the cultural facilities by the arts groups was not flexible and more input should be brought in from the private sector. Some people then even cited the example of Lan Kwai Fong to illustrate the benefit of creating a harmonious style in an area under the operation of a sole owner. We have also carried out many other surveys on arts and cultural development. For example, thematic household surveys on cultural consumption carried out by the Census and Statistics Department; opinion polls to gauge public demand for cultural programmes and services by LCSD; art polls and artist demand surveys by HKADC. "A Study on Hong Kong Creativity Index" has also been initiated by HAB and an interim report was made public on the Second Asia Cultural Cooperation Forum which was closed last week. In our efforts to promote local arts and cultural development, we have indeed made reference to the findings of the above studies and surveys together with all stakeholders' views.

(b) As to part (b) of the question, we are as deeply concerned as members of the public about the development density of WKCD. The objective of the project is to build a world-class arts and cultural district. The Administration has decided to develop West Kowloon in a consolidation mode with the inclusion of commercial and residential elements. This mode is adopted in the hope that the operator will meet the construction cost of WKCD, while drawing on its commercial knowledge and experience to develop and run the whole WKCD on self-financing basis, in order to achieve the target of maximizing land use and ensuring the appropriate utilization of land resources. Under this principle, we have three considerations. First, the developer successfully selected is required to build the specified arts and cultural facilities and operate them for 30 years as well. Second, we have set a plot ratio parameter for the WKCD site, and any departure from this parameter must be justified. If necessary, the Administration will negotiate with the proponents on plot ratio and any other aspects under an established mechanism. Third, the draft development plan of the WKCD project will be gazetted for public comments. Approval of the Town Planning Board (TPB) will then be sought before submitting the project to the Chief Executive in Council for final endorsement. The whole process will ensure that the project is carried out under the close scrutiny of the public and TPB, and will not in any way be reduced to a property project.

As such, the proponents must propose a development density which they deem appropriate, taking account of the actual market situation and in line with the self-financing principle. The baseline plan, including the plot ratio, laid down by the Administration is not set in stone. However, I must stress that the screened-in proposals will not be accepted in toto. We will study whether the commercial/residential element is over-weight, and consider whether an adequate proportion of the revenue generated therefrom will go to the development and operation of the cultural facilities to ensure their sustainability. We will listen carefully to the views expressed by the public during the consultation period on this point. If members of the public have strong views against high-density development and the proponents fail to justify their proposed development density, then the Administration will not accept their development proposals.

The planning of the whole Cultural District must be endorsed and approved by TPB. In the public consultation to be conducted next month, the Administration will invite the proponents to elaborate on their respective proposal to TPB for the Board to have a face-to-face meeting with them and understand their respective planning ideas and development consideration. Before selecting the successful proposal, the Administration will go back to TPB for their views. Contents of the screened-in-proposals, including plot ratio, gross floor area of buildings of different uses, maximum building height and sitting-out areas etc have to be approved by the TPB before the Administration would sign the provisional agreement with the successful proponent. The Administration would then formally submit the proposed development parameters to TPB. TPB will incorporate these development parameters into the relevant draft outline zoning plan and gazette the plan pursuant to the Town Planning Ordinance for public inspection. Members of the public may give comments on or raise objections to the draft plan. On the part of TPB, it will consider and process all the views received in accordance with the normal statutory process. At the end of the day, TPB will submit the draft plan to the Chief Executive in Council for approval. The approved outline zoning plan has the force of law. Without prior approval from the Administration and TPB, the successful proponent will not be allowed to make any changes to the development parameters. We believe, and members of the public may rest assured, that the above objective and transparent process provides the best guarantee in rolling out the WKCD project.

(c) Regarding the future management mode of WKCD, I wish to point out that one of the focal points of the project is to provide different kinds of cultural facilities which will cater for the need of our community. With this in mind, we will require that its management and operational mode can:

- promote the long-term cultural development in Hong Kong;

- win the support from different sectors and the general public, and provide different sectors with the opportunities to take part in the management and be accountable to the Administration and the public;

- maintain a close liaison and good communication with the Administration;

- ensure that the facilities can operate in an effective, flexible, highly efficient and commercially viable manner up to the international standard; and

- make legal and financial commitment and operate on a sound and responsible basis.

We hope that the proponents will be able to introduce some mode of operation different from that now being used in respect of facilities under LCSD. This will enable the two to complement each other and provide more diversified services to the general public. In fact, it has not been compulsorily required in the Invitation for Proposals that proponents should set up a statutory body to run the core cultural facilities. In addition, on top of the government model or statutory body model, there are quite a number of other feasible alternatives (such as those employed by trust funds and non-profit-making companies) for the operation of the facilities. Members may also appreciate that different arts and cultural facilities could make use of different modes of operation. As such, in terms of management mode, there is a wide range of feasible options available for discussion. As a matter of fact, each of the screened-in proponents has proffered their own management options and modes for public comments. I sincerely hope that Members and the general public would participate actively in our upcoming consultation exercise and express their views on the management options of the proponents. The Administration would like to listen to more comments from members of the public on this particular subject.