XN000022-1990-10-31 — Page 54

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WEDNESDAY, OCTOBER 31, 1990

A RECENT SURVEY SHOWED THAT SOME 380 HECTARES OF LAND IN THE NEW TERRITORIES HAD BEEN CONVERTED TO OPEN STORAGE USES, OF WHICH PER CENT WERE FOR STORAGE OF CONSTRUCTION MATERIALS AND EQUIPMENT, PER CENT FOR MOTOR VEHICLES AND 13 PER CENT FOR CONTAINERS.

MR

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BARNES SAID DURING 1986-87, THE RATE OF CHANGE WAS SUCH THAT IT SHOWED TO THE ADMINISTRATION THAT LEGAL POWERS OF CONTROL WERE NECESSARY, AND IN THE FOLLOWING YEAR THERE WAS AN ADDITION OF SOME 82 HECTARES OF NEWLY CONVERTED OPEN STORAGE IN NORTHWESTERN NEW TERRITORIES ALONE.

AN ADMINISTRATIVE CONTROL SYSTEM AS CONTROL WOULD NOT HAVE WORKED, MR BARNES SAID.

HE SAID: "IN MAKING A CHANGE OF USE IN THEIR

LAND, OWNERS ARE EXERCISING RIGHTS WHICH HAVE BEEN CONFIRMED BY THE COURTS. So, THE ONLY WAY IN WHICH THESE RIGHTS CAN BE PROPERLY RESTRAINED, WHETHER IN

THE PUBLIC INTEREST OR NOT, IS BY AGREEMENT OR BY ORDINANCE, AND THE ADMINISTRATION HAD NO REASON TO EXPECT LAND OWNERS TO AGREE TO VOLUNTARY RESTRAINTS AGAINST THEIR OWN IMMEDIATE INTERESTS.

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A STATUTORY LICENSING SYSTEM WOULD BE

INAPPROPRIATE,

MR

BARNES SAID.

CONTROLS TO ACCOMMODATE THE RELATIONSHIPS BETWEEN LAND USE AND INFRASTRUCTURE AND THE LOCAL ENVIRONMENT HAD TO BE DEALT WITH ON THEIR OWN MERITS AND IN THE CONTEXT OF THAT LOCAL ENVIRONMENT, HE SAID.

ON COMPENSATION, MR BARNES SAID THE PRESENT TOWN PLANNING ORDINANCE CONTAINED NO PROVISION FOR COMPENSATION EXCEPT WHEN A RESUMPTION MIGHT BE JUSTIFIED.

OF

HE SAID: "COMPENSATION IN PLANNING LAW IS A VERY COMPLICATED ISSUE INVOLVING A DELICATE BALANCE BETWEEN THE PROTECTION INDIVIDUAL RIGHTS AND THE NEED TO PROMOTE COMMUNITY INTERESTS.

**MY INTENTION IS TO SET UP AN EXPERT GROUP, WITH PARTICIPATION ALSO FROM THE NON-GOVERNMENT SECTOR, ΤΟ DELIBERATE ON THE ISSUES CONCERNED AS A PART OF THE CONSULTATION IN THE FULL REVIEW OF THE TOWN PLANNING ORDINANCE.

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COMMENTING ON THE NEED FOR INTERIM DEVELOPMENT PERMISSION AREAS, MR BARNES SAID GOVERNMENTS NORMALLY INTRODUCED LEGISLATION DEEMED TO ANTICIPATE THE DATE OF ENACTMENT WHEN THEY FORESAW THAT PUBLICATION AND DISCUSSION OF THE LEGISLATION WOULD ITSELF ENCOURAGE THE VERY ACTION WHICH THE LEGISLATION WAS INTENDED TO CONTROL.

"THIS IS FAIRLY COMMON IN TAX LAW IN OTHER COUNTRIES AND WE HAVE A PRECEDENT IN HONG KONG OF A BUILDING MORATORIUM IN THE POKFULAM AND IN MID-LEVELS UNDER THE TEMPORARY RESTRICTION ON BUILDING DEVELOPMENT (POKFULAM AND MID-LEVELS) ORDINANCE 1973 WHICH GAVE COVERAGE TO THE BUILDING AUTHORITY IN REFUSING BUILDING PLANS IN THE SPECIFIED AREAS BEFORE ENACTMENT OF THE ORDINANCE.

/THESE POWERS