Town Planning Board Guidelines revised
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The Guidelines set out the criteria for assessing planning applications for OS/PBU uses in rural areas classified into four categories (Category 1 to 4). Lands under Category 2 are those where planning permission may be given for OS/PBU uses.
One main purpose of the revisions of the Guidelines is to expand the areas under Category 2 to cater for displacement of brownfield uses arising from extensive development in the New Territories in coming years. The TPB noted that with implementation of New Development Areas (NDAs) and other development projects in full swing, brownfield areas to be resumed and cleared by the Government will increase from 30ha in the past few years to 200ha between now and 2026, involving industries such as construction, logistics, transportation, recycling, etc. Noting that most of them are making a positive contribution to the local economy, the TPB agreed that it is in the public interest to channel them to areas more suitable for brownfield uses by extending the coverage of Category 2.
The TPB also took note that apart from providing monetary compensation, the Government has adopted multipronged measures to assist displaced brownfield operators in identifying suitable sites for continuation of their businesses, including consolidating and making available information about sites that are more likely feasible in accommodating brownfield operations for reference by affected industries. The Government's long-term objective is to accommodate the brownfield operations in multi-storey buildings (MSBs) for modern industries so that they can operate in a more orderly and land-efficient manner. However, pending the availability of the planned MSBs and considering that not all brownfield operations can be operated within MSBs, some brownfield uses may still need to operate in open air sites.
Taking into account the above considerations, latest planning circumstances (e.g. site conditions, accessibility and surrounding uses) and relevant location criteria, the TPB agreed to re-classify about 320ha from Categories 3 and 4 to Category 2. These areas are (i) mainly located close to existing Category 1 or 2 areas which can serve as extension areas to accommodate OS/PBU uses upon application; (ii) ecologically non-sensitive areas that are left vacant/idle; and/or (iii) predominantly/partly occupied by brownfield and other temporary uses. Areas predominantly occupied by active farming and/or covered by dense vegetation as well as ecologically sensitive areas are specifically excluded. Of the 320ha, about 185ha are already occupied by brownfield and other uses, with 135ha currently not occupied which can be considered by displaced operators for relocation of their business.
The TPB noted that the reclassification of the 320ha did not automatically mean that the lands could be used for OS/PBU uses. Whether a particular site under Category 2 can be used for such purposes would be considered by the TPB on individual merits taking into account relevant planning considerations and technical assessments submitted by the applicants, where appropriate, to demonstrate no adverse impacts caused by the applied uses on the surrounding areas, or technical concerns could be addressed through implementation of approval conditions.
The TPB also stressed that the reclassification of categories did not imply condoning "destroy first, develop later". Every planning application would continue to be considered by the TPB on individual merits having regard to the site conditions, amongst other relevant planning considerations. Should the site involve any unauthorised development as defined under the Town Planning Ordinance (TPO), the Planning Authority would instigate appropriate enforcement action as pursuant to the provisions of the TPO.
In addition, in order to make better use of land pending eventual development within NDAs, the TPB also agreed that sympathetic consideration may be given to planning applications, subject to policy support, involving displaced OS/PBU uses affected by government projects to sites designated for development purpose within NDAs, with or without previous planning approvals.
Relevant updates to the Guidelines have also been made to reflect completed developments, promulgation of new outline zoning plans, as well as latest departmental requirements.
The revised Guidelines (TPB PG-No. 13G) are now available at the Secretariat of the Board at 15/F, North Point Government Offices, 333 Java Road, North Point, Hong Kong (Tel: 2231 4810 or 2231 4835) and the Board's website (www.info.gov.hk/tpb).
Any enquiries on the guidelines may be addressed to the Secretariat of the Board at the above address or by email (tpbpd@pland.gov.hk), or to the Planning Enquiry Counters of the Planning Department (hotline: 2231 5000, 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, April 14, 2023
Issued at HKT 21:31
Issued at HKT 21:31
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