ENG-2009 — Page 275

Infrastructure Development and Heritage Conservation 215

Town Planning Board

The Town Planning Board (TPB) is the principal body responsible for statutory planning in Hong Kong. Its members are appointed by the Chief Executive under the Town Planning Ordinance (TPO). Comprising mostly non-Government representatives, the TPB oversees the preparation and review of draft statutory plans, considers representations to them and examines requests to amend them. In 2009, 25 statutory plans were amended and three new ones were published, one of which was an outline zoning plan while the other two were the plans for Urban Renewal Authority development schemes.

Under the TPO, any person may submit to the TPB his or her views on draft statutory plans for public examination. In 2009, the TPB examined 4 040 such submissions. During the year, 20 statutory plans were submitted to the Chief Executive in Council for approval. In 2009, the TPB also considered 27 applications for amendments to statutory plans.

A set of notes is attached to each statutory plan to indicate the uses in particular zones that are permitted and those which require TPB permission. In 2009, the TPB considered 769 applications for planning permission and 563 applications for amendments to approved schemes. The TPB also reviewed its decisions on 65 applications.

Applicants aggrieved by the decisions of the TPB may lodge appeals with the independent Town Planning Appeal Boards. In 2009, the appeal boards heard four cases, of which two were dismissed and two were awaiting a decision.

The TPB also promulgates guidelines for statutory planning. In 2009, two sets of existing guidelines were revised. At the end of 2009, there were 30 sets of guidelines.

Planning Enforcement

The Town Planning Ordinance provides the Planning Authority with enforcement powers to tackle 'unauthorised developments' (UDs) in Development Permission Areas. The Planning Authority may serve statutory notices on the respective landowners, occupiers and/or persons responsible for UDs, requiring them to stop or discontinue a UD within a specified time. Subsequently, a further statutory notice may be served requiring the site to be restored. Non-compliance is a statutory offence.

In 2009, a total of 391 new UDs, including open storage, container usage sites, vehicle parks and landfills were discovered. A total of 3 391 warning letters or reminders (involving 560 cases), 2 191 enforcement notices (involving 296 cases), four stop notices (involving four cases), 309 reinstatement notices (involving 64 cases) and 1 535 compliance notices (involving 232 cases) were issued. A total of 91 defendants in 42 cases were convicted and fined by the court. The enforcement and prosecution actions have resulted in the discontinuation of 237 UDs occupying 57 hectares of land. Another 134 UDs covering 55 hectares of land were regularised through the planning application system.