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The Town Planning Board (TPB) today (May 26) promulgated a set of revised guidelines. The TPB Guidelines on Lapsing of Planning Permission have been revised to elaborate on the validity of a planning permission.
In general, a planning permission is granted in respect of the land/building/premises concerned and any change in owner/tenant/operator would not affect the validity of the permission. The permission will remain valid until and unless it has lapsed upon completion of the development or the use has been abandoned.
The revised guidelines set out the criteria which has been adopted by the TPB in considering whether a use has been abandoned, and it is stated that once a use has been abandoned, resumption of the use will need to comply with the extant statutory plan. The criteria for consideration include the physical conditions of the land/building/premises; the period of cessation of use; any change of use during the period; and the intention of the owner/tenant/operator. In determining whether a use has been abandoned, the TPB would consider the facts and circumstances of each individual case, and the concerned owner/tenant/operator would be required to provide sufficient evidence to substantiate his claim.
The revised guidelines (TPB PG-No. 26A) are now available at the Secretariat of the TPB at 15/F, North Point Government Offices, 333 Java Road, North Point, Hong Kong (Tel: 2231 4810 or 2231 4835) and the TPB's website (http://www.info.gov.hk/tpb).
Any enquiries on the TPB Guidelines may be addressed to the Secretariat of the TPB at the above address or by email (tpbpd@pland.gov.hk), or to the Planning Enquiry Counters of the Planning Department (Hotline: 2231 5000 and email: enquire@pland.gov.hk) at 17/F., North Point Government Offices and 14/F, Sha Tin Government Offices, 1 Sheung Wo Che Road, Sha Tin.
Ends/Friday, May 26, 2006
Issued at HKT 16:36
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