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Minutes of 901 Meeting of the Town

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Minutes of 901 Meeting of the Town Minutes of 901st Meeting of the Town Planning Board held on 7.12.2007 Present Permanent Secretary for Development (Planning and Lands) Chairman Mr. Raymond Young Dr. Peter K.K. Wong Vice-Chairman Mr. Michael K.C. Lai Mr. Nelson W.Y. Chan Mr. David W.M. Chan Mr. Leslie H.C. Chen Dr. Lily Chiang Professor David Dudgeon Professor Peter R. Hills Mr. Edmund K.H. Leung Professor N.K. Leung Dr. C.N. Ng Dr. Daniel B.M. To Mr. Stanley Y.F. Wong Mr. Alfred Donald Yap - 2 - Ms. Sylvia S.F. Yau Mr. B.W. Chan Mr. Walter K.L. Chan Ms. Maggie M.K. Chan Mr. Y.K. Cheng Mr. Felix W. Fong Ms. Anna S.Y. Kwong Dr. James C.W. Lau Ms. Starry W.K. Lee Mr. K.Y. Leung Principal Assistant Secretary (Transport) Transport and Housing Bureau Ms. Ava Chiu Deputy Director of Environmental Protection Dr. Michael Chiu Director of Planning Mrs. Ava S.Y. Ng Deputy Director of Planning/District Secretary Miss Ophelia Y.S. Wong Absent with Apologies Dr. Greg C.Y. Wong Ms. Carmen K.M. Chan Professor Nora F.Y. Tam Mr. Tony C.N. Kan Professor Bernard V.W.F. Lim Mr. Raymond Y.M. Chan Professor Paul K.S. Lam Director of Lands Miss Annie Tam - 3 - Assistant Director(2), Home Affairs Department Ms. Margaret Hsia In Attendance Assistant Director of Planning/Board Mr. S. Lau Chief Town Planner/Town Planning Board Ms. Brenda K.Y. Au Senior Town Planner/Town Planning Board Miss Winnie B.Y. Lau (a.m.) Town Planner/Town Planning Board Mr. Tony Y.C. Wu (p.m.) - 4 - Agenda Item 1 [Open Meeting] Confirmation of Minutes of the 900th Meeting held on 23.11.2007 [The meeting was conducted in Cantonese.] 1. The minutes of the 900th meeting held on 23.11.2007 were confirmed without amendments. Agenda Item 2 [Open Meeting] Matters Arising [The meeting was conducted in Cantonese.] (i) Town Planning Appeal Decision Received Town Planning Appeal No. 1 of 2007 Temporary Open Storage of Building Materials for a period of 3 Years in “Agriculture” Zone, Lot 160B5 in DD 38, Sha Tau Kok Road, Man Uk Pin, Sha Tau Kok (Application No. A/NE-MUP/52) 2. The Secretary informed the Board of the captioned appeal’s decision. A copy each of the Summary of Appeal and the Town Planning Appeal Board (TPAB)’s decision had been sent to Members before the meeting. The appeal was in relation to Application No. A/NE-MUP/52 for temporary open storage of building materials for a period of 3 years on a site zoned “Agriculture” (“AGR”) on the Man Uk Pin Outline Zoning Plan (the Site). The appeal was heard by the TPAB on 29.8.2007 and dismissed on 23.11.2007 based on the following considerations: (a) the TPAB accepted the evidence of the Town Planning Board (the Board) as to the planning intention and policy to maintain the rural characteristics in areas zoned “AGR” and to encourage rehabilitation - 5 - and active use of good quality agricultural land; (b) it was a sensible policy to limit proliferation of open storage in Category 3 areas to which the Site belonged. As no previous permission had ever been granted for the Site for temporary storage use, in accordance with the Board’s Guidelines No. 13D, no new permission should be granted to limit proliferation of open storage uses; (c) the use of the Site for open storage and recycling used sanitary wares was likely to generate environmental nuisance and was incompatible with the planning intention for the area; (d) the approval of the application would set an undesirable precedent for other similar applications, and the cumulative effect would be a general degradation of the environment of the area; (e) there was no change in planning circumstances since the rejection of the application; (f) the received public comment raised the concern on environmental pollution and health of the villagers and urged the Board to adhere to the planning principle; and (g) the Appellant could submit evidence or put forth technical submissions to address the concerns raised by the Agriculture, Fisheries and Conservation Department and the Environmental Protection Department, but did not do so. (ii) Appeal Statistics 3. The Secretary reported that as at 7.12.2007, 13 cases were yet to be heard by the TPAB. Details of the appeal statistics were as follows: Allowed: 20 Dismissed: 106 - 6 - Abandoned/Withdrawn/Invalid: 125 Yet to be Heard: 13 Decision Outstanding: 3 Total: 267 (iii) Hearing of Fook Lee Holdings Ltd.’s further objection (No. F3) to the proposed amendments to the draft Wan Chai North Outline Zoning Plan No. S/H25/1 and its representation (No. R2) in respect of the draft North Point Outline Zoning Plan No. S/H8/21 4. The Secretary said that the Board on 23.11.2007 considered Fook Lee Holdings Ltd. (FLHL)’s request for postponing the hearings of the captioned further objection and representation to 11.1.2008 as FLHL’s legal adviser would not be available for the whole month of December due to a judicial appointment. Members agreed to accede to the request for deferment. Since there were original objections related to FLHL’s further objection to the proposed amendments to the draft Wan Chai North Outline Zoning Plan (OZP) No. S/H25/1, the Board’s agreement to deferring the hearing of the further objection was subject to no objection from the related original objectors. 5. The Secretary went on to report that all related original objectors had been advised of the deferment requested by FLHL, and none had raised objection. Hence, the hearings of Fook Lee’s further objection and representation in respect of the draft Wan Chai North and North Point OZPs respectively would be held on 11.1.2008. [Mr. Nelson W.Y. Chan and Dr. C.N. Ng arrived to join the meeting at this point.] - 7 - Part I Agenda Item 3 [Open Meeting] Proposed Amendments to the Draft Wan Chai North Outline Zoning Plan No. S/H25/1 Consideration (Hearing) of Further Objections No. F4 and F6 (TPB Papers No. 7970 and 7971) [The meeting was conducted in Cantonese and English.] Original Objections No. 1-11, 13, 14, 16-48, 50, 51, 53-62, 64-75, 77-87, 89-94, 96, 97, 99-101, 103-112, 114-118, 120, 122-155, 158-169, 171-175, 177-221, 224, 226-228, 230-237, 239, 240, 244-258, 260, 262-263, 265-272, 274-287, 289-292, 294-298, 301-312, 315-325, 328-333, 335, 337-339, 341-348, 351-356, 358-366, 368, 370-372, 374-378, 380-384, 386-90, 392-394, 396-399, 401, 402, 405, 406, 408, 409, 411-416, 418, 420,421, 423-426, 428-445, 447-452, 454, 455,457- 462, 466-468, 471-479, 481-518, 520- 530, 532, 534-536, 538-542, 544-559, 562, 563, 564, 566-568, 571, 572, 574, 576, 577, 579-583, 586, 588, 592, 595, 596, 601, 602, 605, 606, 608-618, 621, 622, 624, 629, 630, 633--651, 653, 655, 656, 658-660, 662, 665, 666-669, 671-682, 685-687, 689, 690, 692-695, 697-711, 713-725, 727--739, 741-744, 746-778 Agenda Item 4 [Open Meeting] Draft Wan Chai North Outline Zoning Plan No. S/H25/1 - Consideration of Written Representations (TPB Paper No. 7974) [The meeting was conducted in Cantonese.] 6. The Chairman said that as agreed by the Board on 23.11.2007, the Board would only decide on all the further objections and representations after completing the hearings of Fook Lee Holdings Ltd.’s further objection and representation in respect of the draft Wan Chai North and North Point Outline Zoning Plans (OZPs) respectively on - 8 - 11.1.2008. Hence, the meeting today would only hear the other further objections and representations without deliberation. 7. The Secretary briefly explained the arrangement for the meeting. The hearing of the further objections and representations would be divided into 5 parts. Part I covered 2 further objections and 6 representations mainly concerning the reclamation extent and the Trunk Road project. Part II covered the further objection and representation related to the A-King Slipway site. Part III concerned 2 further objections in relation to the “Other Specified Uses” annotated ‘Helipad” zone. Part IV dealt with 3 further objections and a representation against the “Other Specified Uses” annotated “Central-Wan Chai Bypass Exhaust Vent” zone whereas Part V dealt with a representation relating to a specific site (i.e. the land north of Harbour Heights). [Dr. Daniel B.M. To and Ms. Starry W.K. Lee arrived to join the meeting at this point.] 8. Dr. Daniel B.M. To declared interest as the Government had consulted the Eastern District Council on the Wan Chai Development Phase II project. Members considered that his interest was indirect and remote and agreed that he could remain in the meeting. 9. Mr. K.Y. Leung declared interest as he was the Chairman of the former Sub-committee on Wan Chai Development Phase II Review of the Harbour-front Enhancement Committee. Mr. Leslie H.C. Chen also declared interest for being a Member of the Harbour-front Enhancement Committee. Members considered that their interests were indirect and agreed that they could remain in the meeting. 10. Professor N.K. Leung declared interest as he was the Chairman of the Council for the Hong Kong Academy for Performing Arts (HKAPA) which was situated at the Wan Chai waterfront.
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