Town Planning in Hong Kong

Town Planning in Hong Kong: A Review of Planning Appeals

LAWRENCE WAI-CHUNG LAI
Copyright Date: 1999
Pages: 576
https://www.jstor.org/stable/j.ctt2jc2bz
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  • Book Info
    Town Planning in Hong Kong
    Book Description:

    As Hong Kong town-planning legislation develops, there is an ever-growing demand for a better understanding of the rules and principles behind the discretionary decisions of the Town Planning Board regarding planning applications. Town Planning in Hong Kong: A Review of Planning Appeals is a thorough analysis of 50 unreported cases of the Town Planning Appeal Board on appeals against the Town Planning Board decisions concerning planning applications and review. This book goes beyond the usual requirements of books on 'case and materials': it systematically documents the facts and arguments presented in the decisions, distills the reasons and rules behind them, and comments on each in detail. It also provides a comparative study of all the cases from the perspective of town planning and economics. This book will be of great value to developers, planners, lawyers and professionals who work in the development and conservation of lands in Hong Kong.

    eISBN: 978-988-220-293-1
    Subjects: Law

Table of Contents

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

    This is a factual ‘nuts and bolts’ work that surveys the practice of urban planning, not in the language of plans and policies but in the case-by-case interpretation given by the statutory bodies empowered to settle disputes about land use development. It provides a valuable and accessible review of 50 recent and selected cases decided by the Hong Kong Town Planning Appeal Board between 1991 and 1997. That, at least, is what the author, Dr Lawrence Lai, has set out to do and he has accomplished the mammoth task with clarity and skill. In my view, however, the appearance of...

  4. Preface
    (pp. ix-xii)
    Lawrence Lai
  5. List of Illustrations
    (pp. xiii-xiv)
  6. List of Cases
    (pp. xv-xxii)
  7. 1 Planning Application, Review and Appeal Procedures
    (pp. 1-6)

    Modern statutory planning of town and country in Hong Kong has been carried out under two major pieces of legislation,¹ the Town Planning Ordinance 1939 and the Country Parks Ordinance 1976, and their amendments. Each ordinance establishes its own planning board. The Country Parks Board is the planning authority for land covering more than 70% of the land in the territory while the Town Planning Board deals with all land outside the country parks. Yet, most people, including developers and proprietors, tend to focus on the activities of the Town Planning Board as it deals with land of greater economic...

  8. 2 An Overview of the Planning Appeal Cases
    (pp. 7-24)

    Planning appeals arise when an applicant is aggrieved by the decision of s. 17(1) review hearing that affirms rejections of his or her s. 16 application. The success and failure rates of s. 16 and s. 17(1) applications for the years 1990 to 1996 are presented respectively in Figures 2.1 and 2.2.

    There are altogether 50 cases covered in this book. The geographical distribution of the appeal cases is shown in Table 2.1. In terms of geographic coverage, the majority, i.e. 40 cases (80%), arose from the New Territories; 6 (12%) from Kowloon and 4 (6%) from Hong Kong Island....

  9. 3 Rules Laid down in Appeal Cases
    (pp. 25-80)

    As mentioned, the Appeal Board has not expressed that its determinations in any case is bound by its earlier decisions. It may be therefore argued that ‘no rules’ can be said to arise and every case is entirely unique. It is submitted that this view is too extreme, to the extent that the concept of ‘precedents’ advanced by the Town Planning Board has not been rejected by the Appeal Board.

    In this chapter, a summary of the rules laid down (and important remarks made) in the decided appeal cases is given with commonly known headings and case names for the...

  10. 4 Planning Appeal Cases
    (pp. 81-494)

    Case Name: 21-27 Sha Tsui Road, Tsuen Wan Inland Lot (TWIL) 32, Section A, Tsuen Wan (the subject site) [the Alticosmic Case]

    Planning Appeal Case No.: 01/91

    Similar Cases: case nos. —, 02/92, 03/92, 12/96 [the —, Conduit Road, Wo Yi Hop Road and Rightlane Investment Cases] regarding relaxation of plot ratios in general;

    —, 03/92 [the —, Wo Yi Hop Road Case] regarding relaxation of industrial plot ratios;

    —, 03/92, 05/92, 02/94, 12/94, 21/95, 22/95 and 28/95 [the —, Wo Yi Hop Road, OTB, So Cho Cheung, Lai Sun Development, Cheung Hing Lung, Lucky Gain and Fine...

  11. 5 A Summary of Proposed Rules
    (pp. 495-498)

    This chapter presents some rules that are considered reasonable for interpreting planning applications. These proposed rules are established from reading the 50 decided appeal cases.

    1. Planning applications shall be decided in accordance with the provisions of the statutory elements of the town plan, namely the zoning map and its Notes.

    2. The interpretation of the statutory elements may be helped by referring to all relevant planning documents, including the Town Planning Board Guidelines of the Town Planning Board, the Hong Kong Planning Standards and Guidelines (HKPSG) of the central government, the Explanatory Statements to the statutory plans as well...

  12. 6 Postscript
    (pp. 499-502)

    This book has a special meaning to me as a professional town planner and an academic active in research on town planning. I am privileged to have been formally trained in planning, economics and law. I find it very sad that many practitioners in these disciplines seldom pay much respect to the knowledge of each other. This is surely a result of intensive division of labour for a modern society. This book is a tribute to those who have educated me in both academic and professional disciplines; it is also an attempt to offer a multidisciplinary perspective for planning in...

  13. Appendix EXTRACTS FROM KEY PLANNING ENFORCEMENT CASES
    (pp. 503-508)
  14. Glossary of Hong Kong Planning Terms
    (pp. 509-520)
  15. Bibliography
    (pp. 521-528)
  16. Index
    (pp. 529-554)