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LCQ13: Location and planning of petrol filling stations
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     Following is a question by Hon Kam Nai-wai and a written reply by the Secretary for the Environment, Mr Edward Yau, in the Legislative Council today (April 28):

Question:

     The Lands Department invited tenders by publication in the Gazette on March 26 this year for the sale of "Aberdeen Inland Lot No. 457", which is a government land designated for use as a petrol filling station ("Aberdeen petrol filling station") with a lease term of 21 years. In this connection, will the Government inform this Council:

(a)  of the current number of government land which have been designated for use as petrol filling stations and, among such land, the respective numbers of those which are less than 10 metres, 50 metres and 100 metres away from residential housing, as well as their respective locations; whether the authorities have any plan to relocate such petrol filling stations which are close to residential housing; if they have such plans, of the specific timetable of the relocation; if not, the reasons for that;

(b)  given that the Aberdeen petrol filling station situated in a town centre has been set up for many years and is less than 10 metres away from the residential housing, whether the Planning Department needs to examine if the Aberdeen petrol filling station has met the current planning standards before re-inviting tenders; if an examination is not needed, of the reasons for that;

(c)  what ways various government departments will use to consult the local community's views on petrol filling stations and other facilities which are close to residential housing and controversial; given that I have learnt that the Southern District Council has neither been consulted nor learnt about the latest information before the re-invitation of tenders for the Aberdeen petrol filling station, whether the authorities will investigate if the incident involved errors in the consultation process; if such errors are involved, whether the authorities will consider terminating the current tendering process and consulting local organisations and residents afresh; how the authorities will handle the strong objection from the local community to this facility, and how they will balance local interests and ensure that the safety of the nearby residents will not be threatened by this facility; and

(d)  what new measures the authorities have in place to improve the current consultation system?

Reply:

President,

(a)  According to the record of the Planning Department, currently there are 108 pieces of land designated for "Other Specific Uses" annotated "Petrol Filling Station".  There is no guideline on the separation distance between petrol filling facilities (except those with liquefied petroleum gas filling facilities) and land uses nearby under the Hong Kong Planning Standards and Guidelines. If measured from the boundary of the 108 sites, the distance between 36 sites and residential site is less than 10 metres; the distance between 39 sites and residential site is between 10 and 50 metres; the distance between 11 sites and residential site is between 50 and 100 metres; and the distance between the remaining 22 sites and residential site is more than 100 metres. Considerations on energy supply, transport, planning, environment and safety etc. have been taken into account in the land use of petrol filling stations (PFS).

(b)  The PFS site at the Aberdeen Main Road has been designated "Other Specific Uses" annotated "Petrol Filling Station" on the Aberdeen and Ap Lei Chau Outline Zoning Plan since 1973. A PFS has been set up at the site for many years. Before re-tendering the concerned site, the District Lands Office (Hong Kong West and South) (District Lands Office) has consulted relevant departments, including the Environment Bureau, Planning Department, Fire Service Department, Transport Department, Environmental Protection Department etc.  Relevant departments have not raised any objection to the re-tendering from the perspectives of fire safety, traffic and environment etc.  As the site has been used for PFS for a long time and is not required for alternative use, without any objection from relevant bureaux and departments, the Planning Department has not raised any objections to the continued use of the site as a PFS.

(c) and (d)  There is an established statutory mechanism on public consultation in respect of planning applications in general.  According to the Town Planning Ordinance (Cap. 131), if the use under application is a Column 2 use under the relevant Outline Zoning Plan (i.e. use requiring application for planning approval from the Town Planning Board (TPB)), the Planning Department will publish the relevant application for public comments. The application, together with comments from the public and relevant Government departments, will then be submitted to the TPB for consideration.  If the use under application is not a Column 1 or 2 use under the "Note" of the relevant Outline Zoning Plan, amendments to the relevant Plan will be necessary. After consideration of views from the public and relevant Government departments by the TPB, the amendments to the Plan will be gazetted for public representations. After considering relevant representations, the TPB will submit the amended Plan, together with the representations, to the Chief Executive in Council for approval. As the PFS site at Aberdeen Main Road has been designated for "Other Specific Uses" annotated "Petrol Filling Station" since 1973, it is not necessary to submit planning application for the re-tendering.

     Before proceeding with the re-tendering of the PFS, the Lands Department will first obtain the agreement from the Environment Bureau and consult relevant Government departments.  Since the lease of the PFS at Aberdeen Main Road will expire in May 2010, the District Lands Office consulted relevant Government bureau and departments as well as the Southern District Office (District Office) in 2009 in accordance with the established procedures and arrangements, with a view to making preparations for the re-tendering of the said PFS. Having considered the responses from various bureau and departments as well as views of the local personalities and groups conveyed by the District Office, the District Lands Office invited tenders by publication in the Gazette on March 26, 2010 with a lease term of 21 years.

     The Southern District Council, the relevant Area Committee and other persons were concerned about the congestion problem at the pavement at Lok Yeung Street in Aberdeen, as well as the possible impact of the PFS over the implementation of traffic improvement measures. To this end, the Director of Lands, in conjunction with representatives from the Transport Department and the District Officer (Southern) met with the Chairman, Vice Chairman and 5 members of the Southern District Council on April 16, 2010. Apart from briefing members about the tender, they also explained that the said PFS was not the cause of traffic congestion there. The Transport Department agreed to follow up on members' suggested traffic improvement measures.  Subsequently, the District Development and Environment Committee under the Southern District Council (the Committee) discussed the subject matter again on April 26, 2010, and noted that the tender of the said PFS would continue to proceed. Since the traffic congestion problem in the vicinity of the said PFS was the major concern of residents, the Committee agreed that the Traffic and Transport Committee under the Southern District Council would follow up the relevant traffic matters. The Lands Department is proceeding with the tender.

     Relevant Government departments will continue to maintain close liaison and communications with the District Council and local community over planning and land use matters.

Ends/Wednesday, April 28, 2010
Issued at HKT 14:36

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