Title a Study of the Planning Policy of Provision of Public
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A study of the planning policy of provision of public open space Title in private residential developments Other Contributor(s) University of Hong Kong Author(s) Lee, Yan-sin, Gerberta; 李欣倩 Citation Issued Date 2010 URL http://hdl.handle.net/10722/131066 Rights Creative Commons: Attribution 3.0 Hong Kong License THE UNIVERSITY OF HONG KONG A STUDY OF THE PLANNING POLICY OF PROVISION OF PUBLIC OPEN SPACE IN PRIVATE RESIDENTIAL DEVELOPMENTS 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 LEE YAN SIN, GERBERTA HONG KONG APRIL 2010 DECLARATION I declare that this dissertation represents my own work, except where due to acknowledgment is made, and that is has not been previously included in a thesis, dissertation or report submitted to this University or to any other institution for a degree, diploma or other qualification. Signed: Name: LEE Yan-Sin, Gerberta __ Date: Witness by: (Prof. Lawrence Wai-Chung Lai) i TABLE OF CONTENTS TABLE OF CONTENTS……………………………………………. ii. LIST OF ILLUSTRATIONS………………………………………... v. LIST OF TABLES…………………………………………………... viii. ACKNOWLEDGEMENTS…………………………………………. ix. ABBREVIATIONS………………………………………………….. x. ABSTRACT………………………………………………………… xi. CHAPTER 1. INTRODUCTION……………………………………………... 1. Objectives…………………………………………… 4. Research Context……………………………………. 5. Organization…………………………………………. 8. 2. LITERATURE REVIEW………………………………………. 9. Value of Public Open Space…………………………. 10. Rights in Public Open Space………………………… 11. Essential Elements of Public Open Space…………... 13. ii Public Open Space in Hong Kong…………………... 15. Privatization of Public Open Space…………………. 18. Ambiguous Space in Hong Kong…………………… 21. 3. METHODOLOGY: HYPOTHESE & DATA COLLECTION… 28. Development of Hypotheses………………………… 29. Development of Methodology & Data Collection…... 32. 4. ANALYSIS OF FINDINGS……………………………………. 39. An Analysis of the wordings of Lease conditions…. 39. Planning Conditions Categorization………………… 45. Stringency Comparison between Lease Clauses and 48. Planning Clauses…………………………………….. The Nature of Public Open Space…………………… 55. Class 1-Paretian Efficient (Win-win) Solution……… 58. Class 2-Trade-off (Win-lose) Solution……………… 73. Class 3-Lose-lose Solution………………………….. 93. Class 4-Lose-lose Solution………………………….. 98. Result of Field Survey………………………………. 99. iii Summary of Findings………………………………... 107. 5. INTERPRETATION…………………………………………… 109. Interpretation on Lease Clauses Analysis………….. 110. Interpretation on the result of Stringency Comparison 115. between Lease Clauses and Planning Clauses………. Interpretation on the efficiency of planning policy 117. Interpretation on the phenomenon of privatization of 120. Public Open Space from the perspective of property rights………………………………………………… 6. CONCLUSION………………………………………………… 124. Conclusion………………………………………….. 124. Limitations…………………………………………... 128. APPENDICES………………………………………………………. 130. Appendix I…………………………………………………………... 131. Appendix II………………………………………………………….. 143. Appendix III…………………………………………………………. 180. iv REFERENCES……………………………………………………… 199. INDEX………………………………………………………………. 205. LIST OF ILLUSTRATIONS Figure Page 2.1: Four key qualities of POS………………………………….. 13. 3.1: The assumed property right arrangement of POS…………. 31. 4.1: The percentage distribution of the 4 classes over the total 55. POS land area……………………………….……………… 5.1: The relationship between the number of POS lease clauses 109. and time…………………………………………………….. Photograph Page 1. Signs indicating the opening hours of POS………………... 58. 2. The directory plan indicating the shaded POS area….…….. 59. 3. Easily Accessible POS area along the transport links & 59. pedestrian road……………………………………….…….. v 4. Security system of a car park next to the POS….………….. 60. 5. Gates of the POS are only open during opening hours for public access……………………………………………….. 61. 6. Password key pad system & electronic gate act as security barrier of the POS and residential blocks……………….….. 61. 7. „Private Road‟ sign indicates the boundary of private area... 62. 8. Electronic security door with password which exclude trespassers from POS entering into the blocks…….………. 62. 9. The POS is decorated by ponds and plantation……………. 63. 10. A row of benches are provided along the POS…………….. 64. 11. Children park inside the POS………………………………. 64. 12. Regulation sign of POS…………………………………….. 65. 13. Park for elderly with elderly fitness equipment……………. 66. 14 Security Guard is conducting his patrolling services………. 68. 15 Cleaner is on duty with her light blue uniform…………….. 69. 16 Electronic security door with adequate notices……………. 70. 17 Electronic security door in every lift lobby of blocks……… 71. 18. Small groups of Philippians maids enjoying their holiday under the shading of trees in POS………………………….. 72. vi 19. Closed gate at Level 2 leading to the POS at podium……… 74. 20. Closed gate at ground level leading to the POS at Level 1, Level 2 and the podium……………………………….……. 75. 21. POS with opened gate with small regulation signs…….….. 76. 22. Long stairs leading to the POS at upper level……………… 77. 23. No POS indication at outer face of the lift tower…………... 79. 24. „No Trespassing‟ sign is placed beside the lift tower………. 80. 25. The POS at the podium with POS indication………………. 81. 26. Closed gate (unlocked) at the roof POS……………………. 81. 27. Locked gate at the roof POS……………………………….. 82. 28. „No Trespassing‟ sign is placed in the POS area…………… 83. 29. POS without any POS indication sign……………………... 84. 30. Directory plan in the POS area but without any POS indication…………………………………………………… 85. 31. Inappropriate design of POS indication sign………………. 86. 32. Name of the development are placed at the entrance of the POS area which induce confusion to the public…………… 87. 33. POS without any facilities………………………………….. 88. 34. POS without any chairs/benches…………………………… 89. vii 35. Direct linkage of POS and lower floor flats………………... 92. 36. Levels of staircases with a locked red gate………………… 94. 37. Levels of staircases leading to the POS……………………. 95. 38. POS with several benches…………………………….……. 95. 39. Class 3 POS under the highways…………………………... 97. 40. POS lack of maintenance…………………………………... 97. LIST OF TABLES Table Page 3.1: List of private residential development with POS provision. 33. 3.2: Different aspects of consideration…………………………. 35. 4.1: Stringency comparison between the lease clauses and 48. planning clauses……………………………………………. 4.2: Classification of POS………………………………………. 56. 4.3: Result of field survey………………………………………. 99. viii ACKNOWLEDGEMENTS I would like to express my deepest gratitude to my supervisor, Professor Lawrence Lai, for his continuous support throughout the entire process in doing this dissertation. His guidance and advice is always helpful and inspiring, and equipped me with valuable knowledge and initiated me to strive for more. I am also thankful to him for providing me financial assistance for the purchase of 2/3 of the Government Leases from his research funding. In addition, I would like to take this opportunity to give thanks to Mr. Geoffrey Bonsall, former Deputy Librarian of the University of Hong Kong and Director of the Hong Kong University Press, for his highly appreciated English editing. Special thanks are given to my family, classmates and friends for their thoughtful encouragement and support. Last but not least, I would like to thank God for granting me faith, wisdom and courage in overcoming difficulties in doing this dissertation. ix ABBREVIATIONS BD Buildings Department CDA Comprehensive Development Area GC Gated community LD Lands Department POS Public open spaces TPB Town Planning Board x ABSTRACT This dissertation following in the footsteps of Lai et al (2005; 2007, 2009a, 2009b) in analyzing the provision of public open space (POS) in Hong Kong private residential developments, which has been one of the government land-use planning policies since 1980. The Pigovian arguments for planning regarded government intervention as ineffective or leading to market inefficiency as private property rights face interference by government planning policy. Whereas the focus of the works Lai and others have been on the degree of developers‟ factual compliance with planning conditions and the practical problems of non-compliance, this dissertation surveys, examines and ranks the designs of POS in private development in terms of developers‟ rational responses to such conditions actually incorporated in the Crown Leases (or “Government Leases” after 1984). If the property rights rules imposed by the Hong Kong government lead to a net collective sustained decline in wealth or rent dissipation, a particular group of people (property owners or developers) xi would manipulate property-right rules at the expense of others to increase its own wealth. A data set on 37 residential developments was identified from the government publication, Provision of Facilities and/or Open Space required under lease for the use by the public in private developments completed in or after 1987 (as at April 2009). With the aid of the economic property right concepts, the planning enforcement system regarding POS provision via the study on lease clause and planning condition is analyzed, the phenomenon of privatization of POS in HK private residential developments under ambiguous property rights is investigated and the economic implications of human behavior on this phenomenon are explained. The selected list of residential developments with POS were ranked into various degree of property