ENG-2012 — Page 238

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Infrastructure Development and Heritage Conservation

Town Planning Board

The Town Planning Board (TPB), established under the Town Planning Ordinance (TPO), oversees the preparation and review of statutory plans, considers public representations on them and examines applications for amending them. Its members, mostly non-Government, are appointed by the Chief Executive. In 2012, 15 statutory plans were amended and five new Development Permission Area Plans and one new Development Plan for the West Kowloon Cultural District were published.

Any person may submit to the TPB his or her views on draft statutory plans. In 2012, the TPB examined 10,315 such submissions, 23 statutory plans were submitted to the Chief Executive in Council for approval, and the TPB considered 42 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 2012, the TPB considered 866 applications for planning permission, 710 applications for amendments to approved schemes, and also reviewed its decisions on 81 applications.

Applicants aggrieved by the TPB's decisions may lodge appeals with the independent Town Planning Appeal Board. In 2012, the Appeal Board heard eight cases, of which one was allowed, four were dismissed and three are awaiting decisions. The TPB also promulgates guidelines for statutory planning. At the end of 2012, there were 32 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 2012, 432 new UDs, including unauthorised open storage, workshops, vehicle parks and land/ pond fillings, were discovered and 3,467 warning letters or reminders (involving 624 cases), 1,782 enforcement notices (involving 321 cases), 594 reinstatement notices (involving 88 cases) and 2,088 compliance notices (involving 284 cases) were issued. A total of 140 defendants in 37 cases were convicted. The enforcement and prosecution actions resulted in the discontinuation of 203 UDs on 39 hectares of land. Another 76 UDs occupying 26 hectares of land were regularised through the planning application system.

Cross-boundary Planning and Development

The Government maintains close liaison with the Guangdong and Shenzhen authorities on planning matters under the Hong Kong/Guangdong Co-operation Joint Conference and Hong Kong/Shenzhen Co-operation Meeting. Cross-boundary surveys are commissioned regularly to collect statistical information on various aspects of cross-boundary activities, such as travel patterns and characteristics, and Hong Kong people's experience of, and aspirations to, taking up residence in the mainland of China. The findings provide valuable input for planning cross-boundary infrastructure and formulating development strategies.

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