Minutes of 1076 Meeting of the Town Planning Board Held on 19.12.2014
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Minutes of 1076th Meeting of the Town Planning Board held on 19.12.2014 Present Permanent Secretary for Development Chairman (Planning and Lands) Mr Thomas T.M. Chow Mr Stanley Y.F. Wong Vice-Chairman Mr Roger K.H. Luk Professor S.C. Wong Professor Eddie C.M. Hui Dr C.P. Lau Ms Julia M.K. Lau Mr Clarence W.C. Leung Mr Laurence L.J. Li Ms Anita W.T. Ma Professor K.C. Chau Mr H.W. Cheung Dr Wilton W.T. Fok Mr Ivan C.S. Fu Mr Sunny L.K. Ho Ms Janice W.M. Lai Mr Dominic K.K. Lam Mr Patrick H.T. Lau Mr H.F. Leung - 2 - Mr Stephen H.B. Yau Mr F.C. Chan Mr Peter K.T. Yuen Deputy Director of Environmental Protection Mr C.W. Tse Assistant Director (Regional 3), Lands Department Mr Edwin W.K. Chan Principal Assistant Secretary (Transport) Transport and Housing Bureau Miss Winnie M.W. Wong Chief Engineer (Works), Home Affairs Department Mr Frankie W.P. Chou Director of Planning Mr K.K. Ling Deputy Director of Planning/District Secretary Ms Christine K.C. Tse Absent with Apologies Professor P.P. Ho Dr W.K. Yau Ms Bonnie J.Y. Chan Mr Lincoln L.H. Huang Ms Christina M. Lee Dr Eugene K.K. Chan Mr Francis T.K. Ip Mr David Y.T. Lui Mr Frankie W.C. Yeung - 3 - In Attendance Assistant Director of Planning/Board Miss Fiona S.Y. Lung Chief Town Planner/Town Planning Board Ms Lily Y.M. Yam ( Agenda Items 1 to 3) Mr Louis K.H. Kau ( Agenda Items 4 to 15) Senior Town Planner/Town Planning Board Mr J.J. Austin (Agenda Items 1 to 3) Ms Johanna W.Y. Cheng (Agenda Items 4 to 15) - 4 - Agenda Item 1 [Open Meeting] Confirmation of Minutes of the 1075th Meeting held on 5.12.2014 [The meeting was conducted in Cantonese.] 1. The minutes of the 1075th meeting held on 5.12.2014 were confirmed without amendments. Agenda Item 2 [Open Meeting] Matters Arising [The meeting was conducted in Cantonese.] (i) New Town Planning Appeal Decision Received Town Planning Appeal No. 8 of 2013 (8/13) Proposed House (New Territories Exempted House (NTEH) – Small House) in “Village Type Development” and “Agriculture” Zones and an area outside the Outline Zoning Plan, Government Land in D.D. 15, Shan Liu, Tai Po (Application No. A/NE-TK/429) 2. The Secretary reported that an appeal decision was received from the Appeal Board Panel (Town Planning) (ABP). The appeal was lodged by the Appellant on 7.8.2013 against the decision of the Town Planning Board (the Board) to reject on review an application (No. A/NE-TK/429) for a proposed House (New Territories Exempted House (NTEH) – Small House) at a site zoned “Village Type Development” (“V”) and “Agriculture” (“AGR”) on the approved Ting Kok Outline Zoning Plan (OZP) No. S/NE-TK/17 and an area outside the OZP. 3. The appeal was heard by the Town Planning Appeal Board (TPAB) of ABP on 3.9.2014 and dismissed on 2.12.2014 mainly on the following grounds: - 5 - (a) the proposed development would affect the existing slope features the stability conditions of which, due to illegal site formation, were unknown. The adverse geotechnical impact on the surrounding areas was not merely of technical, but also safety concern. It was considered reasonable for the Board to require the Appellant to provide site formation submission having regard to the stability of the slope features, even if the submission was expensive and without any assurance that the application would be approved; (b) the proposed development would likely involve site formation and slope stabilisation works resulting in clearance of mature trees and dense vegetation that would cause irreversible damage to the landscape quality of the area surrounding the Pat Sin Leng Country Park. The proposed development did not comply with assessment criterion (h) of the Interim Criteria for Consideration of Application for New Territories Exempted House/Small House in New Territories (the Interim Criteria); (c) the Appellant did not provide conclusive evidence to refute the views of the Director of Planning on the planning intention of the “AGR” zone and the views of the Director of Agriculture, Fisheries and Conservation on the rehabilitation potential of the site. In this regard, the TPAB considered that the proposed development was not in line with the planning intention of the “AGR” zone; (d) the TPAB had to exercise its discretion within the parameters of the OZP. Whether there was room for improving the “AGR” zone of the OZP was irrelevant. The Appellant’s submission of adverse views against the OZP did not advance his appeal; and (e) notwithstanding that the proposed Small House footprints fell entirely within the village ‘environs’ (‘VE’), there was a general shortage of land in meeting the demand for NTEH in Shan Liu Village, and more than 50% of the proposed Small House footprint fell within the “V” zone, the - 6 - Interim Criteria also expressly provided that the above scenario for favourable consideration would only apply if the other assessment criteria could be satisfied. Assessment criterion (h) of the Interim Criteria was not satisfied in the present case. Although the TPAB had sympathy for the Appellant, the paramount consideration was whether the adverse geotechnical and landscape impacts caused by the proposed development was a serious issue. 4. A copy of the Summary of Appeal and the TPAB's decision had already been sent to Members for reference. [Dr Wilton W.T. Fok arrived to join the meeting at this point.] (ii) Abandonment of Town Planning Appeal Town Planning Appeal No. 2 of 2014 (2/14) Temporary Open Storage of Construction Materials with Ancillary Workshop for a Period of 3 Years in “Village Type Development” and “Agriculture” Zones, Lot 1082 RP (Part) in D.D. 113 and Adjoining Government Land, Pat Heung, Yuen Long, New Territories (Application No. A/YL-KTS/610) 5. The Secretary reported that an appeal had been abandoned by the appellant of his own accord. Town Planning Appeal No. 2/14 was received by the Appeal Board Panel (Town Planning) (ABP) on 9.4.2014 against the decision of the Town Planning Board (the Board) on 24.1.2014 to reject on review an application (No. A/YL-KTS/610) for temporary open storage of construction materials with ancillary workshop for a period of 3 years at the site which was partly zoned “Village Type Development” and partly zoned “Agriculture” on the approved Kam Tin South Outline Zoning Plan No. S/YL-KTS/11. It was abandoned by the appellant on 8.7.2014 and on 11.7.2014, the ABP formally confirmed that the appeal was abandoned in accordance with Regulation 7(1) of the Town Planning (Appeals) Regulations. ABP’s letter confirming the abandonment of the appeal was received by the Board on 15.12.2014. - 7 - [Professor S.C. Wong arrived to join the meeting at this point.] (iii) New Town Planning Appeals Received (1) Town Planning Appeal No. 12 of 2014 (12/14) Temporary Open Storage of Vehicles Prior to Sale for a Period of 3 Years in “Village Type Development” Zone, Lots 2096 S.B ss.4 S.A, 2097 S.B ss.2, 2097 S.B ss.3 in D.D. 111 and Adjoining Government Land, Kam Tin Road, Pat Heung, Yuen Long (Application No. A/YL-PH/688) 6. The Secretary reported that a Notice of Appeal was received by the Appeal Board Panel (Town Planning) (ABP) on 25.11.2014 against the decision of the Town Planning Board (the Board) on 10.10.2014 to reject on review an application (No. A/YL-PH/688) for temporary open storage of vehicles prior to sale for a period of 3 years at Lots 2096 S.B ss.4 S.A, 2097 S.B ss.2, 2097 S.B ss.3 in D.D. 111 and Adjoining Government Land, Kam Tin Road, Pat Heung, Yuen Long. The site was zoned “Village Type Development” (“V”) on the approved Pat Heung Outline Zoning Plan No. S/YL-PH/11. The application was rejected by the Board for the following reasons: (a) the development was not in line with the planning intention of the “V” zone which was intended for development of Small Houses by indigenous villagers. The development was not compatible with the surrounding land uses which were predominated by residential dwellings/structures. No strong planning justification had been given in the submission to justify a departure from the planning intention, even on a temporary basis; (b) the application did not comply with the Town Planning Board Guidelines for ‘Application for Open Storage and Port Back-up Uses under Section 16 of the Town Planning Ordinance’ (TPB PG-No. 13E) in that there was no exceptional circumstance that warranted sympathetic consideration, and that there was adverse departmental comment against the development; (c) the applicant failed to demonstrate that the development would not generate - 8 - adverse environmental, landscape and drainage impacts on the surrounding areas; and (d) the approval of the application, even on a temporary basis, would set an undesirable precedent for other similar uses to proliferate into the “V” zone. The cumulative effect of approving such applications would result in a general degradation of the environment of the area. 7. The hearing date of the appeal was yet to be fixed. The Secretary would represent the Board on all matters relating to the proceedings of the ABP in the usual manner.