LAND, PUBLIC WORKS AND UTILITIES

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residential development. This site also produced keen bidding, being one of the last major commercial sites available in this district.

In the New Territories, sites continued to be sold in the new towns for private sector development. Of particular interest was the sale by public tender of a 7.3 hectare site on newly formed land at Ma On Shan overlooking the Shing Mun River and Sha Tin New Town. The tender was awarded in March and the purchaser proposes a development which will provide 4 000 flats for sale to purchasers within limited income groups nominated by the Housing Authority.

Environmental Improvement and Urban Renewal

Environmental improvement, particularly with regard to the provision of open space, continued to be given impetus in 1985. About $30 million was spent to acquire private properties within those sites earmarked for open space and government, institutional and community uses in the town plans for the urban areas. Of particular note was the resumption in July of 9 400 square metres of private land in Kowloon City for the construction of Stage II, Phase II, of the Carpenter Road Park. Considerable efforts were also made towards assembling project sites that had been partially acquired in the urban improvement districts of Western, Wan Chai and Yau Ma Tei.

After evaluating the results of the pilot scheme in 1984 to resume private streets in residential areas, a programme to acquire seven private streets was formulated. These streets, in multiple and sub-divided ownership, were in a poor state of repair. The transference of ownership of these streets has enabled the government to effect proper repair works and a traffic management scheme, which will greatly improve the environment of the residential areas concerned.

It is also government policy, in certain areas, to modify old lease conditions which restrict the development permitted on a lot in order to allow redevelopment complying with the applicable town planning requirements.

A premium equivalent to the difference in land value between the development permitted under the existing lease and that permissible under the new lease terms – is normally payable for any modification granted.

To facilitate the process of urban renewal in areas where satisfactory redevelopment is inhibited by factors such as multiple ownership of properties, small size of the site or obsolescent layout, the government has decided that a Land Development Corporation should be established. The corporation's task will be to negotiate the surrender of existing properties and to oversee comprehensive redevelopment of the area. The Town Planning Division of the Lands Department has been undertaking studies to identify areas which would be suitable for redevelopment in this way.

Acquisition for Public Purposes

When private property needed for carrying out public works projects cannot be acquired by negotiation, the use of compulsory powers becomes necessary. Property may then be acquired under either the Crown Lands Resumption Ordinance or the Land Acquisition (Possessory Title) Ordinance, the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance, or through the Roads (Works, Use and Compensation) Ordinance in the case of land required for road projects. These ordinances provide for the payment of compensation based on the value of the affected properties at the date of reversion. If agreement cannot be reached on the amount payable, either party can refer the claim for compensation to the Lands Tribunal for determination.

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