Statutory Planning

Two types of statutory plans are prepared by the Town Planning Board
(TPB) under the Town Planning Ordinance: the outline zoning plans
(OZPs) and development permission area (DPA) plans. The DPA plans
are prepared for areas not covered by OZPs and they mainly cover the
rural areas in the New Territories. Development scheme plans prepared
by the Land Development Corporation (LDC) also require approval by
the TPB.

OZPs are intended to show the broad land-use framework of specific
areas, including major roads and other transport systems, and provide
statutory planning controls through land-use zoning and specification of
development parameters within concerned areas. DPA plans are similar to
but less comprehensive and definitive than OZPs. They are interim plans
to be replaced by OZPs. In areas covered by DPA plans or their
replacement OZPs, the Planning Authority can take enforcement actions
against unauthorised development.

In 1997, one new OZP to replace a DPA plan and three new DPA plans
were published, and 22 existing plans were amended by the TPB. At the
end of the year, there were 90 OZPs and three DPA plans.

Under the Town Planning Ordinance, any person affected by statutory
plans on exhibition for public inspection, including the LDC development
scheme plans, can lodge objections with the TPB. In 1997, 38 objections
to the draft plans were lodged, and 3 208 objections (including those
brought forward from the previous years) were considered by the TPB.
Draft plans, together with amendments made to meet objections, and
withdrawn objections, are required to be submitted to the Chief Executive
in Council for approval. In 1997, 11 OZPs, one DPA plan and one LDC
Scheme Plan were approved. The Chief Executive in Council referred six
approved plans back to the TPB for further amendments.

Attached to each statutory plan is a set of notes indicating the uses in
particular zones which are always permitted and uses for which the
TPB's permission must be sought. In 1997, the TPB considered 1 033
applications for planning permission and 122 reviews of planning
applications.

Guidelines are formulated by the TPB to help applicants submit planning
applications. The TPB has promulgated 13 sets of such guidelines and has
published an annual report since 1990.

The Town Planning Appeal Board, a statutory body independent of the
TPB and government departments, was set up in 1991 to deal with
appeals lodged by applicants who feel aggrieved by the decisions of the
TPB upon review of their planning applications. Including those cases
brought forward from the previous years, the Town Planning Appeal
Board heard five cases in 1997, of which four were dismissed and one
was allowed. Nine cases were abandoned by the appellants.

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