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University of Hong Kong Author(S) View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by HKU Scholars Hub Title Planning by contract through developemnt planning Other Contributor(s) University of Hong Kong Author(s) Kwong, Wai-yin; 鄺偉賢 Citation Issued Date 2007 URL http://hdl.handle.net/10722/130978 Rights Creative Commons: Attribution 3.0 Hong Kong License THE UNIVERSITY OF HONG KONG PLANNING BY CONTRACT THROUGH DEVELOPMENT PLANNING: STATISTICAL AND CASE ANALYSIS A DISSERTATION SUBMITTED TO THE FACULTY OF ARCHITECTURE IN CANDIDACY FOR THE DEGREE OF BACHELOR OF SCIENCE IN SURVEYING DEPARTMENT OF REAL ESTATE AND CONSTRUCTION BY KWONG WAI YIN HONG KONG APRIL 2007 DECLARATION I declared that this dissertation represents my own work, except where due acknowledgement is made, and it has not been previously included in a thesis, dissertation, or report submitted to this University or any other institution for a degree, diploma or other qualification. Signed: _______________________ Name: _______________________ Date: _______________________ ii CONTENT LIST OF ILLUSTRATIONS ……………………………………… vi LIST OF TABLES ………………………………………………… vii ACKNOWLEDGEMENTS ………………………………………. viii LIST OF ABBREVIATIONS ……………………………………... ix ABSTRACT ………………………………………………………. x CHAPTER 1. INTRODUCTION ………………………………………… 1 Background ……………………………………………... 1 Objective ………………………………………………... 2 Organization …………………………………………….. 3 2. LITERATURE REVIEW …………………………………... 4 Town Planning in Hong Kong …………………………... 4 Planning by Contract Planning by Edict Dual Planning System Administrative Town Plans and Statutory Town Plans ….. 16 Three-tier Plans System Statutory Town Plans Administrative Town Plans 3. HYPOTHESES AND METHODOLOGY………………… 30 Hypotheses ……………………………………………… 30 Methodology ……………………………………………. 31 Statistical Study Case Study iii 4. FINDINGS AND ANALYSIS ……………………………... 35 Findings of Statistical Study …………………………….. 35 Findings of Case Study ………………………………….. 45 Tseung Kwan O New Town Tung Chung New Town South West Kowloon Central (Extension) and Wan Chai North Results …………………………………………………… 59 Hong Kong Island and Kowloon The New Towns Implications and Comments ……………………………... 60 Follows the Proposed Practice Increase of Public Participation in Guiding Development Longer Plan Making and Development Process Effects on Dual Planning System Suggestions ……………………………………………… 70 Further Enhancing Public Participation More Tact Needed in Amending Statutory Town Plans Further Regulating of the Dual Planning System 5. CONCLUSION …………………………………………….. 75 Conclusion ………………………………………………. 75 Limitations and Further Study …………………………… 76 APPENDICES 1. An example of the Notes of OZPs (From S/H25/1) ……….. 77 2. Division of Statutory Plan’s Planning Area ………... 79 iv 3. Production Figures of Hong Kong Island’s District Plans…. 80 4. Production Figures of Kowloon’s District Plans …………... 86 5. Production Figures of New Towns’ District Plans …………. 91 6. The District Plans Data of Hong Kong Island………………. 95 7. The District Plans Data of Kowloon ……………………….. 106 8. The District Plans Data of New Towns……………………... 116 9. Transport Network Plan of D/TKO/2 ………………………. 125 REFERENCES…………………………………………………...… 126 INDEX ……………………………………………………………... 130 v LIST OF ILLUSTRATIONS Figures Page 2.1 Hierarchy of Plans ……………………………………….... 17 2.2 Statutory Plan-making Process ……………………………. 22 2.3 Administrative Plan-making Process ……………………… 29 4.1 Comparison of District Plan Production of Hong Kong Island (1953-2005) …...................................................................... 41 4.2 Comparison of District Plan Production of Kowloon (1953-2005) ……………………………………………….. 41 4.3 Comparison of District Plan Production of New Towns (1953-2005) ……………………………………………….. 42 4.4 Comparison of District Plan Production of Hong Kong (Except Rural Area) (1953-2005)…………………………………… 42 4.5 Comparison of District Plan Production of Tseung Kwan O New Town (1961-2005) ………………………………………… 47 4.6 The Nowadays Tseung Kwan O New Town ………………. 47 4.7 The Tung Chung New Town continues to develop ...……… 50 4.8 Comparison of District Plan Production Tung Chung New Town (1993-2005) ……………………………………………….. 50 4.9 Satellite Photos of Nowadays South West Kowloon Area (Central Section and Southern Section) …………………… 54 4.10 A Drawing of Proposed Central Reclamation Development. 58 4.11 A Drawing of Proposed Wan Chai Reclamation Development ………………………………………………. 58 4.12 Public participation in statutory plan-making process ………64 vi LIST OF TABLES Table Page 4.1 Summary Table on the Plan Production Statistics ……….… 37 vii ACKNOWLEDGEMENTS This dissertation could not finish on time without the help of many individuals. Firstly, I would like to thank my supervisor, Professor Lawrence Wai-Chung Lai for his valuable support, opinion and advice. Secondly, I would also like to acknowledge the help of Mr. Eric Ho, a Chartered General Practice Surveyor, a PhD candidate and high school senior. His BSc (Surveying) dissertation written in 2000 also provides rich information in this dissertation. Thirdly, I would like to give thanks to the staff of Planning Department for their kind assistance in respond to my request of data. At last, I would like to give thanks to my family, classmates and friends for their support and encouragement. viii LIST OF ABBREVIATIONS CDA Comprehensive Development Area CWRFS Central and Wan Chai Reclamation Feasibility Study DPA Development Permission Area DPC Development Progress Committee GFA Gross Floor Area HKPO Hong Kong Outline Plan HKPSG Hong Kong Planning Standards and Guidelines IDPA Interim Development Permission Areas LPs Layout Plans MPC Metro Planning Committee NLDS North Lantau Development Study ODPs Outline Development Plans OZPs Outline Zoning Plans RNTPC Rural and New Town Planning Committee SHPL Secretary of Housing, Planning and Lands SHRUG Study on Harbour Reclamation and Urban Growth SRDS Sub-regional Development Strategies TDS Territorial Development Strategy TPB Town Planning Board ix ABSTRACT This dissertation examined the roles of and the relationships between statutory town plans and administrative town plans by statistically analysis and case studies. The key finding is that the role of the two types of plans for urban area has already changed. The main change is the role of “forward planning” has been shifted from “planning by contract” to “planning by edict”. However, no concrete results are found for the New Towns. This result shows an increasing importance of statutory plans on land development. This shift comes about and enhances the public participation in the development planning process perhaps an unavoidable trend. The shift also shows a right way of regulating the dual planning system. However, the government needs to provide a much simpler, clearer, more efficient and sustainable planning system. x CHAPTER 1 INTRODUCTION Background Town planning is an important aspect in the development of cities. In Hong Kong, town planning is a dual system with “planning by contract” operating in parallel with “planning by edict” (Lai 1997; 1998; 2004; 2005). “Planning by contract” involves abiding by the leasehold land system in Hong Kong. It has been practiced by the Hong Kong Government since 1842 (Yeh 1992: 1; Yeh 1994: 3; Lai 1997: 20; Lai 1998: 250; Lai 2005: 17). Under the leasehold system, the government holds nearly all of Hong Kong’s land and allocates it through tenders, auctions, and private treaty grants to individuals. A government lease controls the development and use of lands. It is a covenant between the government (lessor) and a lessee to maintain control over a plot of land (Yeh 1992: 2; Yeh 1994: 4; Lai 1997: 20). The conditions of a government lease, especially the restriction courses, are typically prepared in accordance with administrative town plans at the district level, namely Outline Development Plans (ODPs) and Layout Plans (LPs) (Bristow 1984: 181). Administrative town plans are also known as departmental plans. They are mainly used as guidelines for all government departments for development programming, development controls, land sales, and the - 1 - allocation of government land (Planning Department 1995: 16). Unlike the leasehold system, “planning by edict” functions in accordance with the statutory ordinances, notably the Town Planning Ordinance (Lai 1998; 2005).1 Under the Town Planning Ordinance , the Town Planning Board (TPB) controls development by producing statutory town plans (e.g. Outline Zoning Plans) (Planning Department 1995: 12). Both systems run in parallel with each other and do not negate one another (Ho 2000: 1). At the district level, we have seen that there are two main kinds of plans in the dual systems, namely statutory town plans and administrative town plans. However, their relationship is unclear and their roles are also likely to change. In this dissertation, I will examine the roles of and the relationship between administrative town plans and statutory town plans by analysing the relevant statistics and cases under both planning systems. Objectives The objectives of this dissertation are threefold and as follows: (1) To set up a data base for administrative and statutory town plans; (2) to find out any changes in the roles of administrative and statutory town plans during past decades; and (3) to interpret the results and suggest reforms. 1 Chapter 131, Law of Hong Kong. - 2 - Organization This dissertation has five chapters. Chapter One is the introduction, which includes the background, objectives, and organization of this dissertation. Chapter Two is the
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