TNAG-2073-FCO40-2952-Hong-Kong-Town-Planning-(Amendment)-Bill-1990-1990 — Page 64

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licensing system to which those who propose it seem to refer

works best when the conditions of licence are precisely

stated and standardised and applicants can be assured that a

licence will be issued if and when these conditions are

fulfilled. But controls to accommodate the relationships

between land use and infrastructure and the local

environment must be dealt with on their merits and in the

context of the local environment; and this is what rural

planning is for. At the end of the day, moreover, there

must be the power to say "Yes" or "No" in the interests of

the community and an appropriate body to say it. The Town

Planning Ordinance procedure suitably amended and the Town

Planning Board are far the best procedure and the most

appropriate body we have in Hong Kong for these purposes.

11.

The question concerning compensation for loss

of leasehold interests has also been raised. The present Town Planning Ordinance contains no provision for

compensation except when a resumption may be justified. Compensation in planning law is a very complicated issue involving a delicate balance between the protection of individual rights and the need to promote community

interests. This is a subject requiring serious consideration and comprehensive debate, particularly in respect of the right to claim, whether or not to pay, and in

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