It was stated at the outset that the Planning Ordinance is virtually in- operative in the already developed areas, so that in practice for want of any proper legislation for compre hensive planning, recourse has to be made to what may only be regarded as improvisations with other legisla- tion, not designed to ensure compre- hensive planning. to
to prevent the situation getting completely out of hand.
The first of these is provided by the Planning Regulations of the Buildings Ordinance, which are in- tended only to lay down rules for the permissable maximum develop- ment of individual sites to ensure minimum standards of light and air and in effect, since these regulations fix the limits by which a site may be developed, they also in fact set the density standard for each par ticular site and this has no re- ference to any density zoning plan or any other plan for the control of densities or planning in general.
It must be accepted, for reasons which
does not allow to be space examined on this occasion, that high density development is necessary in Hong Kong, which makes planning all the more imperative to determine what they should be and how and where they are to be achieved. The application of the Planning Regula- tions to the redevelopment of old slum property, generally three or four stories high, almost in all cases permits an increase in the number of floors. Without occupancy con- trol and with an apparent general widening of the population to hous. ing gap, the result is a widespread increase in residential densities; of
ten in areas which should not be so redeveloped because of associations with other forms of development, traffic routes and other factors.
The Planning Regulations also do not permit a change of use, although a procedure exists whereby a de- veloper may apply for a modifica- tion of the regulations which the Building Authority may grant if it believed that by so doing no public harm is caused. The initiative for this must come from the developer and the Building Authority's deci sion must necessarily be arbitrary, as there is no plan on which to base the decision; thus a desirable change of use can only occur fortuitously. - which again shows that the Planning Regulations cannot be regarded or used as a planning medium, in the general sense.
A second planning improvisa. tion, which may be said to "back- fire" is operated by the Tenancy Tribunals, set up under the Land- lord and Tenant Ordinance. These tribunals, as is well known, examine applications for the redevelopment of pre-war rent controlled property. It will be immediately realised that the decisions of these tribunals have considerable influence on the pattern and density structure of such rede- velopments.
ON SALE NOW
In operation these tribunals mere. ly ensure that sitting tenants are suf- ficiently compensated, and that in the new projects the potentialities of sites are fully exploited the re- ported successful arguments of ap- pellant's counsel (and they always appear successful) are always to the effect that the old property is in a seriously dilapidated state (which of
course is a proper justification for rebuilding) and that the new propos- als provide a considerable increase in dwelling units or tenement floors, as the case may be, than the property to be demolished:
These cannot be the criteria by which such proposals should be judg ed. Without an overall plan, who can say whether maximum development or an increase in development or an increase in densities is desirable in respect of any one site? To permit encourage maximum de- velopment in each and every case can only lead to an aggravation of existing chaos and the multiplication of associated evils; a policy of hous- ing at any price is not the answer, whatever the circumstances.
or
even
Thus we have a situation, where the Building Authority, although having some planning powers, is not a planning authority and is in a position of having to approve pro- posals for redevelopment, which would obviously he undesirable un- der any form of planning, simply because they fall within the "letter of the law"; and a situation where the Tenancy Tribunals, whose func tion is fundamentally one of ensur ing fair dealing between landlord and tenant, are sponsoring indiscri- minate maximum redevelopment; in- discriminate because there exists no basis for discrimination.
This is not an indictment of these authorities they are in the posi tion of the now proverbial "diver”- but of public opinion, or perhaps. lack of public opinion. IF WE WANTED COMPREHENSIVE PLANNING WE COULD HAVE IT: IF WE DO NOT HAVE IT -- HEAVEN HELP US.
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THE HONG KONG & FAR EAST BUILDER
VOLUME 16, NUMBER 3
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