ENG-1997 — Page 260

LAND, PUBLIC WORKS AND UTILITIES

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controls through land-use zoning and specification of development parameters within concerned areas. DPA plans are similar to but less comprehensive and definitive than OZPs. They are interim plans to be replaced by OZPs. In areas covered by DPA plans or their replacement OZPs, the Planning Authority can take enforcement actions against unauthorised development.

In 1997, one new OZP to replace a DPA plan and three new DPA plans were published, and 22 existing plans were amended by the TPB. At the end of the year, there were 90 OZPs and three DPA plans.

Under the Town Planning Ordinance, any person affected by statutory plans on exhibition for public inspection, including the LDC development scheme plans, can lodge objections with the TPB. In 1997, 38 objections to the draft plans were lodged, and 3 208 objections (including those brought forward from the previous years) were considered by the TPB. Draft plans, together with amendments made to meet objections, and withdrawn objections, are required to be submitted to the Chief Executive in Council for approval. In 1997, 11 OZPs, one DPA plan and one LDC Scheme Plan were approved. The Chief Executive in Council referred six approved plans back to the TPB for further amendments.

Attached to each statutory plan is a set of notes indicating the uses in particular zones which are always permitted and uses for which the TPB's permission must be sought. In 1997, the TPB considered 1 033 applications for planning permission and 122 reviews of planning applications.

Guidelines are formulated by the TPB to help applicants submit planning applications. The TPB has promulgated 13 sets of such guidelines and has published an annual report since 1990.

The Town Planning Appeal Board, a statutory 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. Including those cases brought forward from the previous years, the Town Planning Appeal Board heard five cases in 1997, of which four were dismissed and one was allowed. Nine cases were abandoned by the appellants.

Departmental Plans

Apart from statutory plans, the Planning Department also prepares departmental outline development plans (ODPs) and layout plans (LPs) for individual districts or areas to show the planned land uses, development restrictions and transport networks in greater detail. At the end of 1997, there were 88 ODPs and 353 LPs.

Enforcement

Under 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. Any development which cannot satisfy any of these criteria is an unauthorised development (UD).

The Planning Authority may serve notices on the respective land-owners, occupiers and responsible persons, requiring them to discontinue the UD by a specified date