A change in policy, to permit garden extensions to count for plot ratio and site coverage in non-excluded areas, would have to take into account the limitations described in the preceding paragraph.
7
The difficulty in prescribing detailed rules means that a lessee would be uncertain as to whether or not a modification would be granted until he applies and receives a decision. This means that sometimes a lessee may sell on the assumption that a modification would not be obtainable only to find that the purchaser obtained one; and sometimes a purchaser may buy on the assumption that he could obtain a modification and then find that he cannot. Either way there would be discontent.
8
Moreover, future applications for garden extensions would have to be rejected and some alternative form of tenure granted to avoid later requests for them. A cut off date allowing past but not future garden lots to be included would be hard to defend, because the arguments for a change in policy in respect of existing garden extensions would be equally valid for those granted in the future.
9
Any change in policy without clear rules will involve the exercise of discretion by the Crown Lands and Survey Office when processing applications. The Director of Public Works is concerned that, particularly in cases where an application is refused, there will be allegations of unfair treatment and of corruption.
10
For the reasons given above, and bearing in mind the long established policy on garden extensions, the official view is that there is no defensible basis on which a change of policy to permit garden extensions to count for plot ratio and site coverage can be formulated. Therefore, no change in policy is proposed.
Modification of Inland Lot 6435
11
The official view remains that, because of the history of the negotiations, the advanced stage they had reached and the circumstances of the suspension, there is a moral obligation on the part of the Government to approve the terms agreed with the lessee (see paragraph 8 of the Annex).
12
For comparison, Honourable Members may wish to note the effect of excluding the garden extensions in the calculation of plot ratio and site coverage in this modification. If the garden extensions were excluded, the area available for redevelopment (i. e. the parent lot only)
CONFIDENTIAL
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