Planning Buildings for a High-Rise Environment in Hong Kong

Planning Buildings for a High-Rise Environment in Hong Kong: A Review of Building Appeal Decisions

LAWRENCE WAI-CHUNG LAI
DANIEL CHI-WING HO
Copyright Date: 2000
Pages: 376
https://www.jstor.org/stable/j.ctt2jc18j
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  • Book Info
    Planning Buildings for a High-Rise Environment in Hong Kong
    Book Description:

    This book is the first systematic attempt to document statutory building control in Hong Kong. It examines 40 cases decided by the Building Appeal Board with reference to the overlapping jurisdictions of the Buildings, Lands and Planning authorities in controlling building development. The cases are categorized under nine major themes, namely 'procedures and principles', 'immediate neighbourhood', 'widths of streets', 'lanes', 'access and parking', 'stepped streets', 'means of escape', 'illegal structures and enforcement orders' and 'demolition'. Each case is examined in detail, cross-referenced and illustrated by drawings and photographs where appropriate. For each category, a list of relevant law cases and a summary of the decision criteria identified are also provided. This work should be of great value to Authorized Persons, surveyors, lawyers and town planners who practise in Hong Kong, as well as those who are interested in the policies and issues concerning building control in a high-rise and high density living environment. It should also help professional practitioners prepare for the relevant APC examinations for the Hong Kong Institute of Surveyors and other professional organizations.

    eISBN: 978-988-220-243-6
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-vi)
  3. Foreword
    (pp. vii-viii)
    David Lung

    Hong Kong’s economy is one that is land and development driven. In the densely packed urban areas of Hong Kong and Kowloon, where most buildings do not last for more than 50 years, cyclical redevelopment on the same piece of land is the ‘name of the game’. Marine Lot No. 104, for instance, the land which Hong Kong Bank sits on, has been enlarged and redeveloped over 4 times since its first development in the 1850s.

    During the course of redevelopment of old building lots, it is inevitable that the owners’ desire to cater for modern comfort, and keep maximize...

  4. Preface
    (pp. ix-xii)
    Lawrence Wai-chung Lai and Daniel Chi-wing Ho
  5. Acknowledgements
    (pp. xiii-xiii)
  6. Note on Reprint Edition
    (pp. xiv-xiv)
    Lawrence Wai-chung Lai and Daniel Chi-wing Ho
  7. List of Illustrations
    (pp. xv-xvi)
  8. List of Building Appeal Cases
    (pp. xvii-xxii)
  9. 1 Introduction
    (pp. 1-16)

    An understanding of the criteria of building appeal decisions should help professionals in the development field grasp the key to success in making building applications or responses to orders issued by the Building Authority. It should also enable researchers to better appreciate the peculiar nature of planning and development control in Hong Kong. Unfortunately, there have been few, if any, systematic accounts on building law or appeal decisions. This book attempts to develop the literature on building appeals by conducting a comparative analysis of selected building appeal decisions.

    It is a well-known fact that building development in Hong Kong is...

  10. 2 Building Appeal Rules and Principles
    (pp. 17-52)

    The ‘rules’ and principles in this chapter are decision criteria identified by the authors from the cases reviewed. Readers should note that although the Appeal Tribunal has stated that it is bound by its earlier decisions, the cases reviewed here are not exhaustive and all decisions are subject to case law in the relevant area. Examples of the applicable law cases are listed in Chapter 4. For the convenience of readers, we deliberately allow repetitions of some rules that are applicable to more than one heading.

    (1) The Tribunal has jurisdiction over property owned by foreign sovereign states. (The No....

  11. 3 Comments on Building Appeal Cases
    (pp. 53-70)

    This chapter presents our comments on the cases presented and reviewed in detail in Chapter 4 in terms of nine headings with case law references:

    The decision in this case was followed by the AP’s subsequent dealing with the Building Authority and the Tribunal. See the Union Carbide Asia Case.

    The focus of this case is on the definition of ‘building works’, and the differences between ‘building’ works and ‘maintenance’ works. It incidentally involves a major town planning consideration.

    Dangerous goods tanks which contain certain categories of gas or liquid exceeding a certain amount are called ‘potentially hazardous installations’ (PHIs)....

  12. 4 Summary and Analysis of Building Appeal Cases
    (pp. 71-326)

    Building Appeal Case Name: DG Tanks Nos. T6, T7, T8 and T9, Shum Tse Street, Sham Tseng, New Territories, DD390, Lot 190 [Shum Tse Street] (followed by the Union Carbide Asia Case)

    Building Appeal Case No. : 14/87 (followed by 49/88)

    Similar Case: 49/88 Union Carbide Asia

    Nature of the Case: replacement of dangerous goods (DG) tanks; s. 4(1) of the Buildings Ordinance; Buildings (Oil Storage Installations) Regulations

    Date of Hearing: 9 November 1987

    Date of Decision: 9 November 1987

    Chairperson of Tribunal: Mr Edmund Y. S. Cheung

    Representation: names cannot be verified

    Decision: appeal dismissed, inquiry refused

    Rules Laid...

  13. Appendix 1 CROSS-SECTIONAL PROFILES OF VICTORIA HARBOUR AND SYDNEY HARBOUR
    (pp. 327-328)
  14. Appendix 2 A LIST OF PRACTICE NOTES FOR AUTHORIZED PERSONS AND REGISTERED STRUCTURAL ENGINEERS (REVISED AUGUST 2001)
    (pp. 329-336)
  15. Appendix 3 A COMPARISON OF THE BUILDING (PLAN) APPLICATION AND PLANNING APPLICATION SYSTEMS
    (pp. 337-338)
  16. Appendix 4 THE BUILDING AND PLANNING APPLICATION APPEAL PROCEDURES
    (pp. 339-340)
  17. Appendix 5 BUILDINGS AND RELATED ORDINANCES, POLICIES AND EVENTS
    (pp. 341-342)
  18. Appendix 6 A COMPARISON OF INTERPRETATION OF LEASE CONDITIONS RELATING TO BUILDING CONTROL BETWEEN THE LANDS DEPARTMENT AND THE BUILDINGS DEPARTMENT
    (pp. 343-348)
  19. Bibliography
    (pp. 349-354)
  20. Index
    (pp. 355-378)