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The streamlining of the planning process under the Town Planning Bill will expedite development and will also provide greater public involvement in the plan-making process and planning application system, the Director of Planning, Mr Bosco Fung, said today (Friday).

Speaking at a press conference, Mr Fung said the Bill will be gazetted next Friday (January 28) after approval by the Executive Council this week for introduction into the Legislative Council.

"Compared to the existing Ordinance, the Bill provides a more open planning process involving more extensive public consultation at various stages," he said.

All planning studies will be published for one month prior to the preparation of draft town plans while all representations made in respect of draft town plans gazetted are to be published for two weeks for public comments.

"However, to ensure that efficiency is not compromised as a result, the Bill also introduces statutory time-limits wherever possible to avoid any unnecessary delay," Mr Fung said.

Publication period for new or replacement draft plan and amendment to draft plan are standardised to one month.

A new provision is included to enable the Town Planning Board (TPB) to consider application for amendments to draft or approved plans within three months.

The TPB is also empowered to conduct one-stage inquiries where both representers and commenters will be invited to attend instead of being heard separately under the existing time-consuming two-stage objection hearing process on unwithdrawn adverse representations and comments.

In consideration of the objection by the key stakeholders against a proposed Planning Certificate System, the proposal was subsequently dropped.

In its place, it is proposed that the Building Authority shall refuse to approve plans of proposed building works which contravene the provisions of the Town Planning Ordinance.

An Interim Development Control (IDC) mechanism is included to ensure that the final decision of the TPB and the Chief Executive in Council on draft town plans will not be pre-empted by any approval of either planning applications or building plans in respect of particular sites or developments subject to adverse representations.

Another new feature in giving due regard to environmental and urban design considerations in plan-making, the TPB is empowered to designate in town plans "Environmentally Sensitive Area" (ESA), "Special Design Area" (SDA) and "Designated Development" (DD) for more effective planning control.

All applications for DD and developments within ESA must be accompanied by a report on key environmental and planning issues.

All applications for development within SDA must be accompanied by an urban design plan, a master layout and a landscape plan.

The TPB will publish planning applications for "bad neighbour" uses for public comments.

Every planning application requiring publication has to be accompanied by an environmental statement to highlight environmental implications of the proposed development.

There is also a new requirement for applicants of planning applications to obtain consent of or to notify the owners of the application sites concerned.

"Extensive public consultation including discussions with political parties, professional institutes, statutory bodies and land development-related associations has been conducted after the Town Planning White Bill was first introduced," Mr Fung noted.

To enhance the independence, openness and efficiency of the TPB, members who are not public officers would form the majority of the quorum of any meeting of the TPB and its committees.

The quorum of the TPB and its committee meetings has been increased, from originally five for both, to nine and seven respectively.

TPB members will be required to declare interest and the record will be made available to the public for inspection.

To improve the efficiency of the Appeal Board (AB), new statutory requirements are introduced for consideration of appeals within three months and to inform appellants of the AB's decision within one month of its determination.

The maximum fines against unauthorized developments have been doubled and the power of the AB will be expanded to consider appeals against reinstatement notice, as opposed to appeals being considered by the Secretary for Planning and Lands under the existing law.

Also speaking at the press conference, Principal Assistant Secretary for Planning and Lands, Mr Wilson Fung said: "The existing Ordinance, enacted in 1939, has been playing an important role in providing a legal framework for planning and development."

"With the increasing complexity of the social, economic and political environment in Hong Kong, as well as the increasing aspirations of society, it has long been recognised that only a major revamp of the Ordinance could provide the necessary degree of guidance for and control over planning and development."

An information pamphlet on the Town Planning Bill is now available at the Planning and Lands Bureau, Ninth Floor, Murray Building, Garden Road, Central, and the Planning Enquiry Counter of the Planning Department, 17th Floor, North Point Government Offices, 333 Java Road. It will also be available at all district offices from January 26.

The Bill will be introduced into the Legislative Council on February 16.

End/Friday, January 21, 2000

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