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The following is issued on behalf of the Town Planning Board
The Town Planning Board today (March 20) considered the Court of Appeal's judgment handed down on February 27, 2009, in dismissing the Board's earlier appeal against the Court of First Instance's decision on a judicial review. The judicial review is in respect of the Town Planning Appeal Board's earlier decision to dismiss two appeals regarding a proposed residential development at Castle Steps, Mid-levels West, Hong Kong.
"The Board respects the judgment handed down by the Court of Appeal. After considering the judgment and the advice of Senior Counsel representing the Board in the judicial review instructed by the Department of Justice on the judgment, merits of appeal in light of the unique planning parameters of the subject site and implications of the judgment on the Board's operation and function, members have unanimously decided not to lodge an appeal to the Court of Final Appeal on the Court of Appeal's decision.
"The subject site is zoned 'Residential (Group C)7' and has a unique zoning history. It is a stepped street, a 'landlocked' site without adequate access for servicing and fire fighting and hence with particular development restrictions imposed. But the Outline Zoning Plan (OZP) states that favourable consideration may be given to relaxation of the development restrictions upon comprehensive development or redevelopment of the sub-area through amalgamation of sites. The planning intention and considerations behind the 'Residential (Group C)7' zoning are expressly reflected in the Explanatory Statement of the OZP," the Board's spokesman said.
After considering the views of Senior Counsel and taking account of current operations, the Board was of the view that the Court of Appeal judgment would not have significant implications on the planning system, the Board's function and operation. The Board will continue to consider section 16 planning applications in accordance with the provisions of the OZP. The Notes of the OZP, together with its Explanatory Statement and relevant Town Planning Board Guidelines, have provided clear planning intentions, criteria and guidance for the Board to assess the uses proposed in planning applications.
"The above said, in response to rising public expectations for clarity, certainty and consistency on development-related matters, the Board will continue its efforts in examining and reviewing the OZPs, as well as their Notes and Explanatory Statements to ensure that the Board can best perform its statutory function under the ordinance," the spokesman added.
Ends/Friday, March 20, 2009
Issued at HKT 19:37
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