WEDNESDAY, JANUARY 23, 1991
TOWN PLANNING (AMENDMENT) BILL 1991 PASSED
THE TOWN PLANNING (AMENDMENT) BILL 1991 WAS PASSED INTO LAW IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) WITH TWO OF ITS MAIN AREAS OF CONCERN REGARDING COMPENSATION AND APPEALS SYSTEM REMAINING OPEN FOR FURTHER DELIBERATIONS, AND TO BE ADDRESSED IN A FORTHCOMING FULL REVIEW OF THE ORDINANCE LATER THIS YEAR.
IN WINDING UP THE DEBATE ON THE BILL, THE SECRETARY POR PLANNING, ENVIRONMENT AND LANDS, THE HON GRAHAM BARNES, SAID A CONSULTATIVE DOCUMENT TO SEEK PUBLIC VIEWS ON THE FULL REVIEW OF THE TOWN PLANNING ORDINANCE, WHICH WAS VIEWED AS A MATTER OF REAL PRIORITY BY MEMBERS, WOULD BE PUBLISHED AROUND APRIL THIS YEAR.
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HE SAID THE GOVERNMENT AIMED TO SUBMIT ITS FINAL PROPOSALS EXECUTIVE COUNCIL IN DECEMBER THIS YEAR AFTER ALLOWING 91X MONTHS OF PUBLIC CONSULTATION, ASSURING THAT EVERY EFFORT WOULD BE MADE TO COMPLETE THE REVIEW WITH EFFICIENCY AND THOROUGHNESS.
IN PAYING TRIBUTE TO THE LEGCO AD HOC GROUP FOR THEIR SUPPORT AND THEIR HARD WORK ON THE PROCESSING OF THE BILL, MR BARNES POINTED OUT THAT THE AD HOC GROUP, UNDER THE CHARMANSHIP OF THE HON RITA FAN, HAD ACCEPTED THAT THERE WAS A PRESSING NEED FOR THE LEGISLATION NOW BEFORE WIDESPREAD ENVIRONMENTAL DEGRADATION AND GROWTH OF INCOMPATIBLE LAND USES IN THE RURAL AREAS RENDERED FUTURE REMEDIAL PLANNING VERY DIFFICULT AND COSTLY,
HE SAID THE GOVERNMENT WAS, NEVERTHELESS, REQUIRED BEFORE DETAILS OF THE BILL WERE DISCUSSED, TO CONVINCE THE AD HOC GROUP THAT PLANNING CONTROLS ON THE RURAL AREAS WERE REQUIRED, THAT THE ORNERAL APPROACH TO CONTROL THROUGH A MODIFIED PLANNING PERMISSION SYSTEM WAS A RIGHT AND NECESSARY ONE, AND THAT SUCH CONTROLS, INCLUDING THOSE INVOLVED IN THE INTERIM DEVELOPMENT PERMISSION AREA SYSTEM WERE NEEDED IMMEDIATELY.
HE NOTED THAT THE AD HOC GROUP, APART FROM THE SUBMISSIONS MADE TO IT DURING THE COURSE OF ITS DELIBERATIONS, WAS ALSO MADE AWARE OF THE DIFFERENT VIEWS PUT TO THE ADMINISTRATION DURING THE COURSE OF THE FORMAL CONSULTATION TO THE BILL.
ON THE QUESTION OF COMPENSATION, MR BARNES SAID THE SUBJECT WAS A VERY COMPLICATED ISSUE INVOLVING A DELICATE BALANCE BETWEEN THE EXERCISE OF PROPERTY RIGHTS AND THE NEED то PROMOTE COMMUNITY INTERESTS.
"THE ADMINISTRATION HAS EXPLAINED TO THE AD HOC GROUP THE MANY FACETS OF THIS ISSUE WHICH REQUIRE SERIOUS AND COMPREHENSIVE DEBATE, FOR EXAMPLE, THE LEGAL BASIS IN THE COMMON LAW FOR COMPENSATION, THE EXTENT TO WHICH THE VALUE OF LAND IS CREATED BY PUBLIC INVESTMENT, THE EXTENT TO WHICH THE VALUE OF LAND IS DETERMINED BY PLANS AND PLANNING DECISIONS, AND THE NEED TO ENSURE THAT PLANNING REMAINS AFFORDABLE TO THE COMMUNITY AS A WHOLE, HE NOTED.