ENG-1999 — Page 266

LAND, PUBLIC WORKS AND UTILITIES

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Under the Town Planning Ordinance, any person affected by statutory plans on exhibition for public inspection, including the LDC DSPs, can lodge objections with the TPB. In 1999, 509 objections were lodged with the TPB. The board gave preliminary consideration to 1 736 objections (including those brought forward from previous years) and further consideration to 1901 objections. Draft plans, together with unwithdrawn objections and amendments made to meet objections, will be submitted to the Chief Executive in Council for approval. In 1999, 48 statutory plans were submitted to the CE in C for approval. The CE in C also referred 37 approved plans and two draft plans back to the TPB for amendment.

Attached to each statutory plan is a set of Notes indicating the uses in particular zones which are always permitted and those uses for which the TPB's permission must be sought. In 1999, the TPB considered 900 applications for planning permission and reviewed its decisions on 59 planning applications.

Applicants, who are aggrieved by the decisions of the TPB on review of their applications, may lodge appeals with the independent Town Planning Appeal Board. The Appeal Board heard five cases in 1999, of which four were dismissed and one was allowed.

The TPB also promulgates guidelines for applications for developments in areas covered by statutory plans. In 1999, the board promulgated five new guidelines and revised three. As at 1999, 18 guidelines were in force.

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 1999, there were 88 ODPs and 324 LPs.

Enforcement

Under the Town Planning Ordinance, no person shall undertake or continue a development in a development permission area (DPA) 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 obtained permission from the TPB. Development not satisfying these criteria is an unauthorised development (UD) subject to enforcement and prosecution actions.

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 unless planning permission for the development is obtained, or demanding a reinstatement of the land. It is an offence in law if the requirements of the notices are not complied with.

Most UDs in the rural New Territories related to the open storage of vehicles, containers and construction machinery/materials; workshops and container vehicle/ trailer parks. In 1999, 246 new UDs were detected. The Director of Planning issued 203 warning letters for 84 cases, 865 enforcement notices for 145 cases, three reinstatement notices for two cases and 1 389 compliance notices for 225 cases. As for prosecution, 45 defendants in 20 cases were convicted. The average fine imposed was $27,651 with a range of $500 to $150,000. Upon enforcement action, 270 UDs