Stop Development in Country Park Enclaves

To:

Secretary for Development sdev@devb.gov.hk

Secretary for the Environment sen@enb.gov.hk

Director of Lands DLoffice@landsd.gov.hk

The Chairman and Members of the Town Planning Board tpbpd@pland.gov.hk

Director of Planning jcfleung@pland.gov.hk

c.c.:

Designing Hong Kong info@designinghongkong.com

Dear Sirs,

Stop Development in Country Park Enclaves prior to preparation of Outline Zoning Plans

We object to the processing and approval of land grant and planning applications in Country Park Enclaves (CPEs) prior to the preparation of Outline Zoning Plans (OZPs). We also object to the three planning applications covering 37 houses in To Kwa Peng (A/DPA/NE-TKP/3, A/DPA/NE-TKP/4, A/DPA/NE-TKP/5). The reasons are set out below.

1.
The applications for To Kwa Peng show the establishment of a large human settlement in an uninhabited area with a haphazard layout of small houses in close proximity to mangroves and the country park. The plans do not indicate how emergency vehicle access and parking will be dealt with. The plans show that there is no sewerage and that the houses will depend on septic tanks and soak away pits, resulting in seepage of sewage into the underground and nearby waters. There appears to be no impact assessment of the construction and the land use on the environment, nor has there been an assessment under the Sustainability Assessment process or the Environmental Impact Assessment Ordinance. The plans show a lack of care for the landscape and ecological value of To Kwa Peng, one of the 77 CPEs covered by the “Enclave Policy”.

2.
In July 2010 following the Tai Long Sai Wan incident, the Government announced that to meet conservation and social development needs CPEs will either be included into country parks, or their proper uses will be determined through statutory planning, having regard to various factors including the accessibility of the site, immediate development threats, conservation value, landscape value, geographical location of the enclave, and existing scale of human settlement (“Enclave Policy”).

3.
In his 2010-11 Policy Address in October 2010 the Chief Executive reconfirmed the “Enclave Policy” and the need to take prompt action to regulate land use in the vicinity of country parks to forestall human damage.

4.
Out of the 77 CPEs 54 had no planning controls. As an interim measure, the Government announced that Development Permission Area (DPA) Plans will be prepared first and that those will be replaced by Outline Zoning Plans within 3 years. To date, DPA Plans have only been prepared for 7 CPEs. The DPA Plan for To Kwa Peng was gazetted on 7 January 2011.

5.
To Kwa Peng is an uninhabited village with some ruins and seven dilapidated village houses covering 9.77ha at the northern coast of Sai Kung peninsula overlooking the waters of Ko Tong Hau. It is only accessible by a walking trail off Pak Tam Road and by a small pier. According to Agriculture, Fisheries and Conservation Department (AFCD), the natural mudflat on the coast is one of the most species-rich sites in Hong Kong with uncommon species of mangroves and sea grass found here. The Leisure and Cultural Services Department (LCSD) promotes mangrove tours to the area.

We urge the Government to halt processing and approving planning and land grant applications for small houses in Country Park Enclaves until an outline zoning plan has been announced for the enclave concerned, or the enclave has been included in a country park. The reasons are set out below.

1.
Notices by the district lands offices and applications to the Town Planning Board show that land grant applications under the SHP continue to be processed establishing specific development rights in the CPEs irrespective of the announcement of the ‘Enclave Policy’. The Lands Department continues to approve the right to develop houses on land in CPEs before a decision is made to include the land into country parks or their proper uses is determined through a well considered OZP.

2.
In contrast to the “Enclave Policy”, the guidelines and established practices of the SHP consider eligibility of a villager, the ownership of the land and whether the land is located within a recognized village, but do not stipulate that the use, the location and the amount of land for small houses must be compatible with the accessibility, conservation value and landscape value of the CPE concerned. In contrast to the Town Planning Ordinance, consultation of the public under the SPH is restricted to notices with a 14-day period posted in the village and to the Rural Committee concerned and only local objections from indigenous villagers are considered valid.

3.
Although small house land grant applicants will be required to make an additional planning application to the Town Planning Board (TPB) once an interim DPA Plan is prepared, these DPA plans do not provide guidance to the Lands Department and the TPB as to the proper use of the land, the appropriate scale of developments or the location of small houses and supporting infrastructure and services in a CPE.

4.
The processing and approval of land grant applications under the SHP for the 54 CPEs without OZPs in place pre-empts the key objective of the ‘Enclave Policy’ which is to forestall further human damage. The role of the TPB and the Country and Marine Parks Board in decisions on the future uses of the CPEs will be frustrated, and the public may face higher environmental or compensation cost as more development rights are established.

5.
The announcement of the ‘Enclave Policy’ provides a clear, fair and reasonable cut-off for all owners of land and the permitted developments thereon in CPEs. The “Enclave Policy” should be fully reflected by the Lands Department in the application process for land grants in CPEs, and approvals must be deferred until after the proper uses of a CPE have been duly determined.
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SUBMISSION DEADLINE 20 MAY 2011

Stop Development in Country Park Enclaves

Stop Development in Country Park Enclaves

*必須填寫以成為有效之意見書。Minimum information required to make this a valid submission. SUBMISSION DEADLINE 20 MAY 2011

*必須填寫以成為有效之意見書。
Minimum information required to make this a valid submission.

SUBMISSION DEADLINE 20 MAY 2011