ENG-1994 — Page 268

LAND, PUBLIC WORKS AND UTILITIES

applications, the TPB, up until now, has promulgated 13 sets of guidelines for applications for various types of development for public reference.

In 1994, the TPB considered 1 003 applications for planning permission, compared to 736 applications in 1993-an increase of 36 per cent.

The ordinance also makes provision for an applicant who feels aggrieved by a decision of the TPB to apply for a review of its decision. In the past year, the TPB reviewed 157 applications, compared to 97 applications in 1993 (an increase of 62 per cent).

The Town Planning Appeal Board, a body independent of the TPB and government departments, was set up in 1991 to deal with appeals lodged by applicants who feel aggrieved by the decisions of the TPB upon review of their planning applications. In 1994, 15 appeal cases were lodged. A total of three cases were heard by the appeal board, of which one was allowed, one was dismissed and one was abandoned by the appellant.

Departmental Plans

Apart from statutory plans, the Planning Department also prepares departmental outline development plans (ODPs) and layout plans (LPs) for individual districts or parts of districts to show the planned land uses, development restrictions and transport networks in greater detail. These plans serve as a guide for land formation, implementation of public works projects as well as land sales and allocations. At the end of the year, there were a total of 92 ODPs and 328 LPs.

Enforcement

According to the Town Planning Ordinance, no person should undertake or continue a development in a development permission area unless the development was a use in existence before the gazetting of the relevant Interim DPA/DPA plans, or is permitted under the DPA plan or the replacement OZP, or has been approved by the TPB under Section 16 of the Town Planning Ordinance. Any development that does not satisfy any of these criteria is an unauthorised development. The Planning Authority (that is, the Director of Planning) can serve notices on the respective land-owners, occupiers and responsible persons, requiring the unauthorised development to be discontinued by specified dates unless permission for the development is obtained, or demanding a reinstatement of the land. If the requirements of the notices are not complied with, the authority can initiate legal proceedings.

The authority can also instigate prosecution action immediately if any person undertakes or continues an unauthorised development within a DPA or an area covered by the replacement OZP.

Unauthorised developments are detected through patrols, referrals from other depart- ments or public complaints. Survey teams established in the Planning Department undertake regular patrols and carry out detailed site inspections on suspected unauthorised developments. Of the unauthorised developments detected in 1994, the majority were related to pond-filling; site formation; the open storage of vehicles, containers, trailers/ tractors and construction materials; and vehicle repair workshops. In all, 157 enforcement notices for 32 cases and five reinstatement notices for three cases were served during the year. Prosecution was initiated in respect of 55 cases, and 142 defendants in 44 cases were convicted.

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