Minutes of 1138th Meeting of the Town Planning Board held on 24.3.2017 Present Permanent Secretary for Development Chairman (Planning and Lands) Mr Michael W.L. Wong Professor S.C. Wong Vice-Chairman Dr Wilton W.T. Fok Mr Sunny L.K. Ho Mr Patrick H.T. Lau Mr H.F. Leung Mr Stephen H.B. Yau Dr F.C. Chan Dr Frankie W.C. Yeung Mr Peter K.T. Yuen Mr Philip S.L. Kan Dr Lawrence W.C. Poon Mr K.K. Cheung Mr Wilson Y.W. Fung Dr C.H. Hau Mr Alex T.H. Lai - 2 - Professor T.S. Liu Miss Winnie W.M. Ng Ms Sandy H.Y. Wong Mr Franklin Yu Chief Traffic Engineer (Hong Kong) Transport Department Mr Peter C.K. Mak Deputy Director of Environmental Protection (1) Environmental Protection Department Mr C.W. Tse Chief Engineer (Works) Home Affairs Department Mr Martin W.C. Kwan Assistant Director (Regional 1) Lands Department Mr Simon S.W. Wang Director of Planning Mr Raymond K.W. Lee Deputy Director of Planning/District Secretary Ms Jacinta K.C. Woo Absent with Apologies Mr Lincoln L.H. Huang Mr H.W. Cheung Professor K.C. Chau Mr Ivan C.S. Fu Ms Janice W.M. Lai Mr Dominic K.K. Lam Ms Christina M. Lee Mr David Y.T. Lui Mr Thomas O.S. Ho - 3 - Dr Lawrence K.C. Li Mr Stephen L.H. Liu In Attendance Assistant Director of Planning/Board Miss Fiona S.Y. Lung Chief Town Planners/Town Planning Board Mr Kepler S.Y. Yuen (a.m.) Mr Kevin C.P. Ng (p.m.) Senior Town Planners/Town Planning Board Miss Anissa W.Y. Lai (a.m.) Ms Doris S.Y. Ting (p.m.) - 4 - Agenda Item 1 [Open Meeting] Confirmation of Minutes of the 1137th Meeting held on 10.3.2017 [The item was conducted in Cantonese.] 1. The minutes of the 1137th meeting held on 10.3.2017 were confirmed without amendments. Agenda Item 2 [Open Meeting] Confirmation of Minutes of the 1133rd Meeting held on 10.3.2017 [The item was conducted in Cantonese.] 2. The minutes of the 1133 rd meeting held on 10.3.2017 were confirmed without amendments. Agenda Item 3 [Open Meeting] Matters Arising [The item was conducted in Cantonese.] (i) Approval of Draft Plans 3. The Secretary reported that on 14.3.2017, the Chief Executive in Council approved the following draft plans under section 9(1)(a) of the Town Planning Ordinance: (a) Tseung Kwan O Outline Zoning Plan (renumbered as S/TKO/24); and (b) Yi O Outline Zoning Plan (renumbered as S/I-YO/2). - 5 - 4. Members noted that the approval of the above plans was notified in the Gazette on 24.3.2017. (ii) Reference Back of Approved Plans 5. The Secretary reported that on 14.3.2017, the Chief Executive in Council referred the approved Tai Po Outline Zoning Plan (OZP) No. S/TP/26 and approved South Lantau Coast OZP No. S/SLC/19 to the Town Planning Board for amendment under section 12(1)(b)(ii) of the Town Planning Ordinance. Members noted that the reference back of the OZPs was notified in the Gazette on 24.3.2017. (iii) Abandonment of Town Planning Appeals (a) Town Planning Appeal No. 2 of 2016 Proposed House (New Territories Exempted House (NTEH) – Small House) in Area designated as “Unspecified Use”, Government Land in D.D. 289, Ko Tong, Tai Po (Application No. A/DPA/NE-TT/64) (b) Town Planning Appeal No. 3 of 2016 Proposed House (NTEH – Small House) in Area designated as “Unspecified Use”, Government Land in D.D. 289, Ko Tong, Tai Po (Application No. A/DPA/NE-TT/66) 6. The Secretary reported that two appeals had been abandoned by the Appellants on their own accord. Town Planning Appeals No. 2 and 3 of 2016 were received by the Appeal Board Panel (Town Planning) (TPAB) on 24.3.2016 against the decision of the Town Planning Board on 15.1.2016 to reject on review two applications (No. A/DPA/NE-TT/64 and 66) for Small House development at two adjacent sites falling within an area designated as “Unspecified Use” on the then approved Tai Tan, Uk Tau, Ko Tong and Ko Tong Ha Yeung Development Permission Area Plan No. DPA/NE-TT/2. 7. The appeals were abandoned by the Appellants on 15.3.2017. On 16.3.2017, the TPAB formally confirmed that the appeals were abandoned in accordance with - 6 - Regulation 7(1) of the Town Planning (Appeals) Regulations of the Town Planning Ordinance. (iv) Appeal Statistics 8. The Secretary reported that as at 17.3.2017, a total of 13 cases were yet to be heard by the Appeal Board Panel (Town Planning) and the decision of a case was still outstanding. Details of the appeal statistics were as follows: Allowed : 35 Dismissed : 147 Abandoned/Withdrawn/Invalid : 197 Yet to be Heard : 13 Decision Outstanding : 1 : 393 [Dr Lawrence W.C. Poon left the meeting temporarily at this point.] Hong Kong District Agenda Item 4 [Open Meeting (Presentation and Question Sessions only)] Consideration of Representations and Comments in respect of Draft North Point Outline Zoning Plan No. S/H8/25 (TPB Paper No. 10260) [The item was conducted in Cantonese and English.] 9. The Secretary reported that the proposed Amendment Item A to the draft North Point Outline Zoning Plan (OZP) No. S/H8/25 was related to a proposed public housing development to be undertaken by the Housing Department (HD), which was the executive arm of the Hong Kong Housing Authority (HKHA). Ove Arup Partners HK Limited (Arup) and MVA Hong Kong Limited (MVA) were consultants of HD. Ms Mary Mulvihill - 7 - (R406/C3) was a representer and commenter on the item. The following Members had declared interests on the item: Mr Raymond K.W. Lee - being a member of the Strategic Planning Committee (as Director of Planning) (SPC) and the Building Committee of HKHA Mr Martin W.C. Kwan - being the representative of the Director of Home (as Chief Engineer (Works), Affairs who is a member of the SPC and the Home Affairs Department) Subsidised Housing Committee of HKHA Mr H.F. Leung - being a member of the Tender Committee of HKHA Dr C.H. Hau ] having current business dealings with HKHA Mr Stephen L.H. Liu ] Mr Patrick H.T. Lau - having current business dealings with HKHA, Arup and MVA Ms Janice W.M. Lai - having current business dealings with HKHA and Arup Mr Thomas O.S. Ho - having current business dealings with HKHA and MVA, and owning a flat at Braemar Hill Mansion, North Point Mr Ivan C.S. Fu - having current business dealing with Arup and MVA, and past business dealing with HKHA Mr Franklin Yu - having past business dealing with HKHA, MVA and Arup Mr K.K. Cheung ] their firm having current business dealings with Mr Alex T.H. Lai ] HKHA and hiring Ms Mary Mulvihill on a contract basis from time to time - 8 - Mr Dominic K.K. Lam - having past business dealing with HKHA and Arup Professor S.C. Wong - being an engineering consultant of Arup and the Chair Professor and Head of Department of Civil Engineering of University of Hong Kong where Arup had sponsored some activities of the Department before Dr Lawrence W.C. Poon - his spouse being an employee of HD but not involved in planning work Dr Wilton W.T. Fok - co-owning with spouse a flat at Cloud View Road, North Point Mr Stephen H.B. Yau - owning a flat in North Point 10. Members noted that Mr Dominic K.K. Lam, Ms Janice W.M. Lai, Mr Ivan C.S. Fu, Mr Thomas O.S. Ho and Mr Stephen L.H. Liu had tendered apologies for being unable to attend the meeting and Dr Lawrence W.C. Poon had left the meeting temporarily. Since the interest of Mr Raymond K.W. Lee and Mr Martin W.C. Kwan were direct, they should be invited to leave the meeting temporarily for this item. Members agreed that Professor S.C. Wong, Mr K.K. Cheung, Mr Alex T.H. Lai, Mr Franklin Yu, Mr Stephen H.B. Yau and Dr Wilton W.T. Fok should be allowed to stay in the meeting as they had no direct involvement in the project or their properties did not have a direct view of the representation site. Members also noted that Mr Patrick H.T. Lau, Mr H.F. Leung, Dr C.H. Hau, Mr Alex T.H. Lai and Mr Franklin Yu had not yet arrived to join the meeting and the interest of Mr Lai and Mr Yu was indirect. [Mr Raymond K.W. Lee and Mr Martin W.C. Kwan left the meeting temporarily at this point.] 11. The Chairman said that reasonable notice had been given to the representers and commenters inviting them to attend the hearing, but other than those who were present or had indicated that they would attend the hearing, the rest had either indicated not to attend or made no reply. As reasonable notice had been given to the representers and commenters, - 9 - Members agreed to proceed with the hearing of the representations and comments in their absence. Presentation and Question Sessions 12. The following representatives of Planning Department (PlanD), representers, commenters and their representative were invited to the meeting at this point: Government’s Representatives Mr Louis K.H. Kau - District Planning Officer/Hong Kong (DPO/HK), Planning Department (PlanD) Ms Irene W.S.