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Ophelia - Development Control - LEC9
Ophelia - Development Control - LEC9
Ophelia Wong
HKU 2022
1
Development Control
Planning Control
Planning
standards and
Always permitted Planning Permission
statutory plan Rezoning Application
uses Application
requirements
TPB Approval
Lease
requirements
Conform with Lease Lease modification
Building
requirements
Building plans approval
Other regulations
and requirements
Fire Safety Access
3
Planning Applications
Type of application To be considered by
申請類別 考慮申請的委員會
Amendment of Plan (s.12A)
修訂圖則(第12A條) Planning Committee
Planning Permission (s.16) 規劃小組委員會
規劃許可(第16條)
Amendment to Permission (s.16A(2)) Planning Committee/Public Officer *
修訂許可(第.16A(2)條) 規劃小組委員會/ 公職人員*
• The Ordinance allows TPB to delegate the authority to consider s.16A(2) application to
public officers, namely D of Plan, and DD & AD of District Planning Branch.
法例准許城規會授權予公職人員(即規劃署署長及地區規劃處的副署長和助理署長),考慮
第16A(2)條的申請。
4
S.16 Planning Application
• S.16 enables TPB to grant permission for uses according to the
Notes of statutory plans
第16條賦予城規會權力,根據法定圖則的註釋,就用途批
給許可
6
S.16 Planning Application
Applicant to obtain the consent of or notify the current land owner of
the application; or take reasonable steps to do so
s.17 – Review
Applicant may apply for s.17 review within 21 days
■ Reasonable steps: Request for consent (registered mail / local recorded delivery mail)
OR
Publish notice of application once
in 2 Chinese and 1 English local newspaper
+
Posting notice on or near the site; or
Sending notice to Owners’ Committee / Owners’ Corporation /
Mutual Aid Committee / management office
■ TPB may refuse to consider the application if the applicant fails to satisfy the
‘owner’s consent/notification’ requirements.
8
Notification of Planning Application
Statutory:
Administrative:
9
S.16 Planning Application
Procedure for Processing 處理程序
Applicant to obtain the consent of or notify the “current land
owner”; or take reasonable steps to do so
申請人取得「現行土地擁有人」的同意或通知
該人﹔或為此採取合理的步驟
12
Application for Amendment to S.16 Permission (S.16A(2))
13
Application for Amendment to S.16 Permission (S.16A(2))
15
Application for Amendment to S.16 Permission (S.16A(2))
16
S.16 Planning Application
s.16 application for Comprehensive Development Area (CDA)
18
S.16 Planning Application
s.16 application for CDA
19
S.16 Planning Application
s.16 application for CDA
■ Planning Briefs to guide the
development of CDA site and to
facilitate the preparation of MLP
submission
■ Town Planning Board Guidelines
(TPB-PG No. 18A) set out the basic
requirements for MLP submission.
20
S.16 MPC/RNTPC Paper
• Proposal
-Proposed development
-Justifications
-Development parameters
-MLP, LMP and other information required under the Notes
• Compliance with “Owner’s Consent/Notification” Requirements
• Background
- Planning intention, land matters, planning history
• Site and surrounding areas
• Previous and similar applications
• Planning Brief
• TPB Guidelines
21
S.16 MPC/RNTPC Paper
• Consultation
- HAB, EDB, LandsD, TD, HyD, DSD, EPD, WSD, CEDD, BD, ArchSD, LCSD,
FRHD, EMSD, HKPF, FSD, HAD, UD&L of PlanD, etc.
• Public Comments
• Planning Considerations and Assessment
- Planning intention
- Policy support (if applicable)
- Land use compatibility, infrastructural capacity, environmental
considerations, visual and landscape aspects, urban design
considerations
- Responses to public comments
• PlanD’s Views
- No objection to application; approval conditions and advisory clauses
- Not support the application; reasons of rejection
22
S.16 MPC/RNTPC Paper
• Attachments
- Application Form
- Planning Statement
- Further Information (if applicable)
- Plans
- Photos
- MLP (layouts, floor plans, sections, elevations)
- LMP
- Photomontages
- Public Comments
23
S.16 Planning Application
• Runs with land
• Scheme – based
• Concept plan – maximum and minimum range
• Further information – material change (10%), exemption from
publication and recounting, minor changes, clarification,
technical clarification/responses to departmental comments
• Validity period
• Planning condition – planning related, development related
and reasonable
• Planning condition - negative construction, restriction to
certain aspect, arbitration by TPB, cost aspects left to LandsD
• Compliance of planning conditions – before or after BP
approval
24
S.16 Planning Application
• No separate planning permission required for amendments
resulting from fulfillment of conditions
• Commencement of development – building plan, execution
of land grant/modification, URA – approval of resumption
application by CE in C
• Lapsing of planning permission – once realized or completed,
lapsed
• Abandonment – physical condition, period of cessation,
change of use and intention
• Multiple permissions
• Existing use – approved building use and permitted use
• Ancillary use – ancillary and incidental to the primary use
• Temporary use – 5 years rule, temp use in permanent bldg
25
S.16 Planning Application
Relevant Considerations in s.16 applications
• Planning intention – justifications to depart from planning
intention
• Compliance of relevant planning guidelines
• Planning history and previous/similar applications
• Land use compatibility
• Planning gains
• Any adverse impacts – any insurmountable problems, can it
be addressed through planning conditions
• Undesirable precedents
• Minor relaxations – impacts, consequences and implications
26
Case Study
Proposed Comprehensive
Office/Commercial/Retail Development at
Guangzhou – Shenzhen – Hong Kong Express Rail Link (XRL)
West Kowloon Terminus (WKT)
27
The Site
• Site area of 58,800 m2
• Zoned “CDA(1)” on South West
Kowloon OZP
• Office/commercial use; strategic rail
and high-grade office hub with
provision of open space and other
supporting facilities
• OZP Restrictions:
- Development above station:
max. PR of 5.0
- Above-ground railway facilities:
max. PR of 0.68
- BHRs of 90, 100 and 115mPD
29
Original Proposal
• Master Layout Plan (MLP) submission for the “CDA(1)” site
a) Proposed comprehensive office / commercial / retail
development
b) Plot ratio of 5
c) Three office towers ranging (17 to 19 storeys) on top of
two retail floors and 2 levels of basement car park
d) Main roof levels ranging from 86.15 to 97.70mPD
e) Provision of a 40m north-south and two 20m east-west
breezeways
f) Not less than 8,900 m2 public open space (POS) mostly
provided at ground level and open 24 hours a day
g) Open space and landscaped areas to be provided at
deck levels of the WKT station roof
30
Original Proposal
• BH not pronounced
• Decision deferred
33
Revised Proposal - MLP
34
Revised Proposal – Building Height
Comparison of Original / Revised Proposal
35
Revised Proposal – Building Height
Comparison of Original / Revised Proposal
Original
proposal
Revised
proposal
36
Revised Proposal – Building Height
Comparison of Original / Revised Proposal
Original
Proposal
Revised
Proposal
37
Revised Proposal - Landscape Concept
Greening Ratio (30%)
38
Revised Proposal – Visible Greening Area
40
Departmental Comments
Commissioner for Transport
• Ingress/egress, parking and pick-up/drop-off arrangements acceptable
Director of Environmental Protection
• Suitable design measures to ensure acceptable environmental conditions
Chief Architect, Advisory & Statutory Compliance Division, ArchSD
• Stepping effect more apparent
• Increase in BHs exceeded BHRs and height band stipulated in Planning Brief
CTP/UD&L, PlanD
• Improved scheme in terms of overall built form and height variation
• Given site constraints, proposed minor relaxation of BH acceptable
• Green coverage on ground floor and roof acceptable
• No major air ventilation issue identified
Secretary of Home Affairs
• Arts and cultural elements to be integrated into landscaping proposals and
pedestrian links design so as to compliment West Kowloon Cultural District
Other departments - no objection / no adverse comments
41
Public Comments
Supportive
• To relax BH to make the development a focal point
Adverse
• BHs should be in compliance with BHRs
• To add building gaps/openings to improve airflow
• To provide more public open space
• Excessive podium structure
• Too close to existing residential developments
• Office buildings incur additional traffic loads
• Insufficient public consultation
42
Planning Considerations and Assessments
• Revised BH profile more pronounced
• Exceedance of BHRs acceptable
• Greening arrangement acceptable
• Improved air ventilation
• Others responses to Public Comments
- Innovative design important for a landmark
- Sufficient traffic capacity
- Sufficient public consultation
43
PlanD’s Views
• No Objection
• Advisory Clauses
44
MPC - Further Consideration
• Proposed BH profile acceptable
• Visible greening areas
• Improved air ventilation
• Concerned departments no adverse comments
• Approved with conditions
45
S.12A Application for
Amendment of Plans
Application may be submitted in respect of:
- Land use zoning
- Provisions in the Covering Notes
- Column 1 and 2 uses
- Planning intentions
- Development restrictions
Except:
- any matter relating to a
new draft plan
- any matter relating to
amendments of a draft
plan that is yet to be
considered by CE in C
46
S.12A Application
48
S.12A MPC/RNTPC Paper
• Proposal
-What are the proposed amendments?
-Justifications
-Development parameters
-Indicative development proposal
• Compliance with “Owner’s Consent/Notification” Requirements
• Background
- Planning intention, land matters, planning history
• Site and surrounding areas
• Previous and similar applications
49
S.12A MPC/RNTPC Paper
• Consultation
- HAB, EDB, LandsD, TD, HyD, DSD, EPD, WSD, CEDD, BD, ArchSD, LCSD,
FRHD, EMSD, HKPF, FSD, HAD, UD&L of PlanD, etc.
• Public Comments
• Planning Considerations and Assessment
- Planning intention
- Policy support (if applicable)
- Land use compatibility, infrastructural capacity, environmental
considerations, visual and landscape aspects, urban design
considerations
- Responses to public comments
• PlanD’s Views
- No objection to the application; recommend amendments to Plan
- Not support the application; reasons of rejection
50
S.12A MPC/RNTPC Paper
• Attachments
- Application Form
- Planning Statement
- Further Information (if applicable)
- Plans
- Photos
- Indicative Scheme (layouts, floor plans, sections, elevations)
- Photomontages
- Public Comments
51
Case Study
52
The Application
53
Application Site
• occupied by a 3-storey church above a
basement carpark, with a kindergarten
目前為1幢3層高連1層地下停車場的教堂內
有一所幼稚園
54
Indicative Scheme
• According to the Notes for “G/IC” zone, both church (‘Religious Institution’)
and kindergarten (‘School’) are always permitted.
根據「政府、機構或社區」地帶的《註釋》,教堂(宗教機構)和幼稚
園(學校)是許可用途
55
Indicative Scheme
Proposed Development Parameters 擬議的的發展參數
B/F Carpark停車場
地庫
G/F Conference Room, Church Office
地面層 會議室,教會辦公室
1/F Church Hall (400 seats including those in 2/F)
1樓 教堂禮堂(400個座位,包括2樓的座位)
2/F Store Room, Upper part of Church Hall
2樓 儲物室,教堂禮堂上部
3/F Kindergarten (3 classrooms with ancillary
3樓 facilities)幼稚園(3間課室及配套設施)
4/F Young Church Member Activities Room
4樓 年輕教會會員活動室
5/F Adult Ministry, Senior Adult Ministry, University
5樓 Ministry, Missions Development, Senior Church
Member Activities
成人部,長者部,大學部,宣教發展,資深
教會會員活動
6/F Recreation cum Fellowship Hall
6樓 娛樂及團契禮堂
7/F Store room, void of Recreation cum Fellowship
7樓 Hall
儲物室,娛樂聯誼禮堂上部
57
Indicative Scheme – Ground Floor Plan
• The building to be set back from Junction Road by 3m to allow for non-building area
建築物擬從聯合道退入3米,作非建築用地
58
Indicative Scheme – Photomontages
59
Departmental Comments
Secretary for Home Affairs
• Satisfied that the applicant is a charitable religious organisation
• Gives policy support to proposed religious facilities
CTP/UD&L, PlanD
• Major adverse visual impacts are not anticipated
• Landscape soft works should be provided at the deck
• Maximize the greening opportunities at the roof
DLO/KE, LandsD
• Lease modification required
Adverse
• Excessive height and bulk
• Adverse visual impacts
• Scale and intensity of development not justified
• Traffic impact
• Inadequate parking space
• Affect property prices of nearby developments
61
Planning Considerations and Assessments
⚫ SHA has given policy support to proposed church facilities
⚫ SED has no comment on reprovisioned kindergarten
⚫ Proposed BH generally in line with stepped height profile in
Broadcast Drive area
⚫ Relatively high PR but small scale; no adverse comments
from government departments
⚫ Small site; no major adverse visual impacts
⚫ Traffic arrangement handled under lease modification
62
PlanD’s Views
• No Objection
63
MPC’s Considerations
• Policy support from SHA
• Proposed BH compatible with existing buildings and generally
in line with stepped height profile
• No adverse visual impact
• No significant traffic, drainage and environmental impacts
• Concerned departments no adverse comments
• Partially agreed to rezone the site to “G/IC(13)” subject to
maximum BH of 72.8mPD instead of the applied “G/IC(6)”
zone (restricted to 8 storeys)
66
Thank You
67