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阿思 HKBWS Members
 
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A Post at 19/10/2012 23:07 Show author
Dear Sir/Madam,
Draft Po Toi Islands DevelopmentPermission Area Plan No. DPA/I-PTI/1
(Comment No. C240)
Irefer to my letter to you dated 21.9.2012.
Aftergiving consideration to the representations and related comments, the TownPlanning Board (TPB) noted on 28.9.2012 the views of the RepresentationsNo. R1 to R83 in support of the draft Development Permission Area (DPA)Plan and agreed to advise them that:
the DPA Plan is an interim planwhich can be replaced by an Outline Zoning Plan (OZP) within 3 years. Inthe preparation of the OZP, land use zonings for the Area will be comprehensivelyreviewed subject to a more detailed analysis of the land use pattern, infrastructuralprovisions, environmental and ecological values and local need. Relevantstakeholders including green groups, the concerned government departments,Islands District Council, and the Lamma Island South Rural Committee willalso be consulted.
TheTPB also agreed to advise the Representations No. R1, R2, R4, R7, R9, R75,R80 and R83 that:
(a) theissue of “Destroy First, Build Later” had been thoroughly discussedby the Board on 24.6.2011. The TPB is determined to conserve therural and natural environment and will not tolerate any deliberate actionto destroy the rural and natural environment in the hope that the TPB wouldgive sympathetic consideration to subsequent development on the site concerned. Since then, the TPB has adopted a practice to defer considerationof a planning application which may involve an unauthorised development(UD) so as to allow time for Planning Department (PlanD) to carry out fullinvestigation into whether there is UD on the site; and
(b) theDPA Plan is prepared to empower the Planning Authority to undertake enforcementaction against any UD and undesirable change of use in the Area. ShouldUD be identified in the future, enforcement action will be instigated underthe Town Planning Ordinance.
The TPB also decided not to proposeamendments to the above Plan to meet the Representations No. R1 to R129,R131 to R133 and R135 to R175 for the following reasons:
(a) toprevent any haphazard and uncontrolled development that may adversely affectthe rural and natural character of the Area, it is necessary to preparethe DPA Plan covering the Area to provide interim planning guidance controlfor future development pending preparation of an OZP and to enable enforcementactions to be taken against any unauthorized developments and undesirablechange of use to safeguard the Area’s natural and rural character withscientific importance and conservation value;
(b) theDPA Plan is an interim plan which can be replaced by an OZP within 3 years. Detailed land use zonings will be worked out during the OZP stagetaking into account relevant assessments / studies on various aspects includingtraffic, environment, ecology, landscape, geological, etc. In thepreparation of the OZP, land use zonings for the Area will be comprehensivelyreviewed subject to a more detailed analysis of the land use pattern, infrastructuralprovisions, environmental and ecological values and local need in consultationwith Government departments concerned. Relevant stakeholders includinggreen groups, the concerned Islands District Council and the Lamma IslandSouth Rural Committee will be consulted;
Designation of ConservationZonings (R1 to R7, R9 to R74, R76 to R79, R82 and R83)
(c) whilstthere is potential to designate conservation zonings, including “ConservationArea” (“CA”), “Coastal Protection Area” (“CPA”) and/or “Siteof Special Scientific Interest” (“SSSI”), in the Area (especiallyin Po Toi), the details of the designation need to be carefully studiedin the course of OZP preparation to ensure a balance between the rightsof indigenous villagers of Po Toi and nature conservation should be struck. Relevant assessments/studies on various aspects including ecology,environment, landscape, geology, etc. will be conducted in consultationwith the government departments concerned. Relevant stakeholderswill be consulted during the process;
Designation of Country Park/ Marine Mark (R1 to R7, R9 to R74, R76 to R79, R82 and R83)
(d) designationof Country Park and Marine Park is under the jurisdiction of the Countryand Marine Parks Authority (CMPA) governed by the Country Parks Ordinance(Cap. 208) and Marine Parks Ordinance (Cap. 476) which are outside thepurview of the TPB;
Boundaryof the “Village Type Development” (“V”) zone (R2, R3, R84 toR87, R90 and R91)
(e) thecurrent “V” zone boundary has primarily reflected the existing villageclusters and has excluded the sandy beach at Tai Wan. It has alsotaken the coastline, existing man-made features, the high water mark level,‘village environs’, local topography and site characteristics intoaccount, avoiding any ecologically sensitive areas and stream courses; (R2 and R3)
(f) theboundary of “V” zone within the DPA Plan is drawn up provisionallyto primarily reflect existing village clusters and has taken into accountthe coastline, existing man-made features, the high water mark level, ‘villageenvirons’, local topography and site characteristics. It will befurther reviewed and defined at the preparation of OZP stage taking intoaccount the results of relevant assessments / studies on various aspectsincluding Small House demand of Po Toi, ecology, environment, geology,infrastructure, landscape, traffic, etc.; (R84 to R87, R90 and R91)
Proposed Amendments to the “UnspecifiedUse” area (R85, R86, R88 to R129, R131 to R133 and R135 to R175)
(g) thereis no evidence or information to establish that there is any existing ‘Columbarium’/ ‘Memorial Garden’ use at southwest Po Toi. Besides, even if the alleged‘Columbarium’ and/or ‘Memorial Garden’ use is an ‘existing use’under the Town Planning Ordinance, it does not necessarily mean that the‘existing use’ would become a planned use and can meet relevant legislationand government requirements including the conditions of the lease concerned. The proposed Columbarium / Memorial Garden development may also haveimmense implications on traffic, infrastructure, landscape, ecology, environment,etc. and may conflict with the general planning intention of conservingthe scientific and conservation values of Po Toi. In any event, appropriatezonings guiding the land uses and developments of the Area will be formulatedfor the Area at the preparation of OZP stage taking into account relevantassessments/ studies on various aspects including ecology, environment,geology, infrastructure, landscape, traffic, etc;
Proposed Columbarium/MemorialGarden Development (R94 to R121)
(h) accordingto the Notes of the DPA Plan, the proposed Columbarium / Memorial Gardendevelopment would require planning permission from the TPB. Eachapplication would be considered by the TPB on its individual merits;
Proposals not directly related to the DPA Plan
Provisionof facilities in the Area (R4 and R8)
(i) theappropriateness to provide tourist, infrastructure and utility facilitiesfor tourism and recreational purposes in the Area requires detailed considerationand assessments in consultation with relevant government departments. Assuch, the need for providing such facilities in the Area and designationof appropriate zonings, if required, will be further studied at the preparationof the OZP stage;
Resumption of village layout plans preparation (R1)
(j) thepreparation of new village layout plans for villages covered by existingOZPs will depend on a number of factors such as implementation prospectof the village layout plans, manpower and priority of work within PlanD. For the new DPA Plans which have just been completed such as thisDPA Plan, OZPs with specific land use zonings should be prepared beforelayout plans can be contemplated. As the boundary of the “V”zone will be further reviewed and defined at the preparation of OZP stage,the need for preparation of new village layout plans for the “V” zoneto be covered by the OZP will then be reviewed as appropriate;
Preparation of statutory plansfor other areas (R1)
(k) ithas been the Government’s long-term target to prepare statutory plansfor all areas of Hong Kong except areas covered / to be covered by CountryPark (CP). Such task will be undertaken having regard to developmentpressure, priorities and resource availability; and
Suspendthe processing of Small House applications (R1)
(l) processingof land grant applications under the Small House policy is outside thepurview of the TPB.
Acopy of the relevant extract of minutes of the TPB meeting held on 28.9.2012is enclosed herewith for your reference.
Inaccordance with section 8 of the Town Planning Ordinance, the above Plantogether with a schedule of the representation(s) and comment(s), if any,will be submitted to the Chief Executive in Council for a decision.
Ifyou wish to seek further clarification/information on matters relatingto the above decision, please contact Mr. Tim Fung of Sai Kung & IslandsDistrict Planning Office at 2158 6157.
Yours faithfully,
( S.K. CHEUNG )
for Secretary, Town Planning Board
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