ENG-2010 — Page 273

Infrastructure Development and Heritage Conservation 223

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 members, the TPB oversees the preparation and review of statutory plans, considers public representations to them and examines applications for amending them. In 2010, 28 statutory plans were amended and 10 new Development Permission Area (DPA) Plans were published.

Under the TPO, any person may submit to the TPB his or her views on draft statutory plans. In 2010, the TPB examined about 1 303 such submissions. During the year, 19 statutory plans were submitted to the Chief Executive in Council for approval. In 2010, the TPB also considered 29 applications for amendments to statutory plans.

A set of notes is attached to each statutory plan, listing the uses permitted in particular zones and those that require TPB permission. In 2010, the TPB considered about 744 applications for planning permission and about 360 applications for amendments to approved schemes. The TPB also reviewed its decisions on 79 applications.

Applicants aggrieved by the TPB decisions may lodge appeals with the independent Town Planning Appeal Boards. In 2010, the boards heard five cases, of which one was allowed, three were dismissed and one is awaiting a decision.

The TPB also promulgates guidelines for statutory planning. In 2010, one set of new guidelines was promulgated and one set of existing guidelines was revised. At the end of 2010, there were 31 sets of guidelines.

Planning Enforcement

The TPO 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 responsible persons, requiring them to stop or discontinue a UD within a specified time. Subsequently, a further statutory notice may be served to require the site to be reinstated. Non-compliance is a statutory offence.

In 2010, a total of 372 new UDs, including open storage, container-related uses, vehicle parks and land/pond fillings were discovered. A total of 3 625 warning letters or reminders (involving 602 cases), 2 071 enforcement notices (involving 307 cases), 299 reinstatement notices (involving 46 cases) and 1 617 compliance notices (involving 224 cases) were issued. A total of 152 defendants in 59 cases were convicted. The enforcement and prosecution actions resulted in the discontinuation of 236 UDs on 52 hectares of land. Another 75 UDs occupying 49 hectares of land were regularised through the planning application system.

Cross-boundary Planning and Development

The Government maintains close liaison with the Guangdong authorities on planning matters under the Hong Kong-Guangdong Co-operation Joint Conference.