TOWN PLANNING ORDINANCE

TOWN PLANNING ORDINANCE

LAWS OF HONG KONG

TOWN PLANNING ORDINANCE

CHAPTER 131





CHAPTER 131

TOWN PLANNING ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ..........................2
2. Appointment of Town Planning Board ...2
3. Functions of the Board ...............2

4. Contents of lay-out plans and powers of the Board ........................ 2

4A. Comprehensive development areas .....--- ... .................................... 3
5. Exhibition of draft plans ............ 3
6. Consideration of objections .......... ........................ 4

7. Amendment of draft plan by Board otherwise than consequent upon an

objection ..................................
...........................5

8. Submission of considered draft plan to Governor in Council 5
9. Powers of Governor in Council upon submission 5
10. Refusal to approve plan .............6
11. Deposit of copies of approved plan ..6
12. Revocation, replacement and amendment of approved plans 6
13. Approved plans to serve as standards 7
13A. Works etc. authorized under Roads (Works, Use and Compensation)

Ordinance ............................................ 7
14. Power to make regulations ........... 7
15. Expenses of the Board ...............7
16. Applications for permission in respect of plans 7
17. Right of review .....................8
18. Amendment of diagrams, etc .......... 8
19. Comprehensive development area validation ............................... 9





CHAPTER 131

TOWN PLANNING

To promote the health, safety, convenience and general welfare of the com-
munity by making provision for the systematic preparation and approval
of plans for the future lay-out of existing and potential urban areas as well
as for the types of building suitable for erection therein.

[23 June 19391

Originally 20 of 1939 (Cap. 131, 1950) - 26 of 1956, 3 of 1958, 59 of 1969, 59 of 1974, 37 of 1982,
2 of 1988

Short title

1. This Ordinance may be cited as the Town Planning Ordinance.

Appointment of Town Planning Board

2. (1) The Governor may appoint a Town Planning Board consisting of
such official and unofficial members as he may nominate, and may appoint any
member of the Board, either ex officio or personally, as chairman or vice-
chairman and any public officer as secretary thereof.

(2) 5 members of the Board, one of whom must be the chairman or
vice-chairman, shall form a quorum at any meeting of the Board.

Functions of the Board

3. With a view to the promotion of the health, safety, convenience and
general welfare of the community, the Board shall undertake the systematic
preparation of draft plans for the future lay-out of such existing and potential
urban areas as the Governor may direct as well as for the types of building
suitable for erection therein. In the course of preparation of such plans the
Board shall make such inquiries and arrangements (including, if it thinks fit, the
taking of any census of the occupants of any buildings or of the users of any
thoroughfares or spaces) as it may consider necessary for the preparation of
such drafts.

4. (1) The Board's draft plans for the lay-out of any such area may
show or make provision for-

(a) streets, railways and other main communications;

(b)zones or districts set apart for use for residential, commercial, indus-
trial or other specified uses;

(c) reserves for Government, institution or community purposes;

(d) parks, recreation grounds and similar open spaces;





(e) zones or districts set apart for undetermined uses;

(f) comprehensive development areas, (Added, 2 of 1988, s. 2)

and any matter whatsoever may be shown or provided for or specified in or in
respect of the plans by means of such diagrams, illustrations, notes or descriptive
matter as the Board thinks appropriate; and any such diagrams, illustrations, notes
and descriptive matter shall be part of the plans. (Replaced, 59 of 1974,s.2)

(2) The Board may recommend to the Governor in Council the resumption of
any land that interferes with the lay-out of an area shown on a draft or approved
plan or on a master lay-out plan approved under section 4A; and resumption to
avoid such interference shall be deemed to be resumption for a public purpose
within the meaning of the Crown Lands Resumption Ordinance (Cap. 124).
(Amended, 2 of 1988, s. 2)

(3) Except in the case of resumption under the said Ordinance no compensation
shall be paid to the proprietor or any person interested in any holding by reason of
the fact that it lies within or is affected by any zone or district set apart under
subsection (1)(b).

Comprehensive development areas

4A. (1) Without restricting what the Board may, under sections 3 and 4, show
or make provision for in a plan, the Board may, by a note on the plan, in respect of a
comprehensive development area, prohibit the undertaking of any building works,
as defined in the Buildings Ordinance (Cap. 123), except

(a) as specified in the note; or

(b)with the permission of the Board, which permission may be granted by
reference to a plan approved by the Board under subsection (2).

(2) An applicant for the Board's permission under subsection (1)(b) may be
required by the Board

(a)to prepare a master lay-out plan and submit it to the Board for approval;
and

(b)to include information in the master lay-out plan respecting building
dimensions, floor area for each use, building development programmes and
any other matter the Board considers appropriate.

(3) A copy of the approved master lay-out plan, certified by the Chairman of
the Board, shall be deposited in the Land Office and shall be available for inspection
without payment of a fee.

(Added, 2 of 1988, s. 3)

Exhibition of draft plans

5. Any draft plan, prepared under sections 3 and 4 under the direction of the
Board, which the Board deems suitable for publication, shall be exhibited by the
Board for public inspection at reasonable hours for a period of 2 months. During
such period the Board shall advertise once a week in a local newspaper and shall
notify in each issue of the Gazette the place and hours at which such





plan may be inspected. The Board shall supply a copy of such plan to any person
on payment of such fee as the Board may determine.

(Amended, 26 of 1956, s. 2; 59 of 1969, s. 3 and 2 of 1988, s. 4)

Consideration of objections

6. (1) Any person affected by the draft plan so exhibited may within the said
period of 2 months send to the Board a written statement of his objections to
anything appearing in the draft plan.

(2) Such written statement shall set out-

(a) the nature of and reasons for the objection;

(b)if the objection would be removed by an alteration of the draft plan, any
alteration proposed.

(3) Upon receipt of a written statement of objection under subsection (1), the
Board may give preliminary consideration to an objection in the absence of the
objector and may propose amendments to the draft plan to meet the objection.

(4) If the Board proposes an amendment to the draft plan pursuant to
subsection (3), it shall give notice in writing of the amendment proposed to the
objector by registered post and may invite the objector to withdraw his objection on
the condition that the amendment is made as proposed.

(5) An objector may notify the Board in writing within 14 days after service of
notice under subsection (4) that his objection is withdrawn on the condition that the
amendment is made as proposed but if no such notification is received the objection
shall continue in force.

(6) Where-

(a) the Board does not propose amendments under subsection (3); or

(b)an objector does not notify the Board under subsection (5) that his
objection is withdrawn; or

(e)an objector was conditionally withdrawn under subsection (5) and the
Board does not proceed with the amendment proposed,

the Board shall consider the written statement of objection at a meeting of which the
objector is given reasonable notice, and the objector or his authorized
representative may attend such meeting and if he desires shall be heard.

(7) In any case where an amendment made by the Board to meet an objection
appears to the Board to affect any land, other than that of the objector, held under
lease, tenancy or permit from the Crown for a term exceeding 5 years, the Board shall
give such notice by service, advertisement or otherwise as it deems desirable and
practicable to the owner of the land in question.

(8) Any written objection received within 14 days after the giving of notice
under subsection (7) shall be considered at a meeting of the Board of which the
original objector and the objector to the amendment are given reasonable notice,
and the objectors or their authorized representatives may attend such meeting and if
he or they so desire shall be heard.





(9) Upon consideration of an objection in accordance with subsection (6)
or (8) the Board may reject the objection in whole or in part or may make
amendments to the draft plan to meet such objection.
(Amended, 59 of 1969, s. 4)

Amendment of draft plan by Board otherwise than
consequent upon an objection

7. (1) In addition to the power of amendment contained in section 6, the
Board may, at any time after exhibition of a draft plan under section 5 and
before approval by the Governor in Council under section 9, make amendments
to a draft plan.

(2) Every amendment to a draft plan made under this section shall be
exhibited by the Board for public inspection at reasonable hours for a period of
3 weeks and during such period the Board shall advertise twice a week in a local
newspaper and shall notify in each issue of the Gazette the amendment to the
draft plan and the hours at which such amendment may he inspected.

(3) The Board shall supply a copy of an amendment to a draft plan made
under this section to any person on payment of such fee as the Board may
determine.

(4) Any person affected by an amendment to a draft plan made under this
section may object within the said period of 3 weeks in manner provided by
section 6(1) and (2) and the provisions of section 6(3) to (9) shall thereupon
apply.
(Added, 59 of 1969, s. 5)

Submission of considered draft plan to Governor in Council

8. After consideration of all objections, the Board shall submit the draft
plan, with or without amendments, to the Governor in Council for approval,
and shall submit therewith-

(a)a schedule of the objections (if any) made under section 6 and not
withdrawn;

(b)a schedule of the amendments (if any) made by the Board with a view
to meeting such objections. (Amended, 59 of 1969, s. 6)

Powers of Governor in Council upon submission

9. (1) Upon submission of a draft plan the Governor in Council may-

(a) approve it;

(b) refuse to approve it;

(c) refer it to the Board for further consideration and amendment.

(2) The Governor in Council may approve a draft plan notwithstanding
that any requirements of this Ordinance applicable thereto have not been
complied with.

(3) A draft plan approved as aforesaid is hereinafter referred to as an
'approved plan'.





(4) The Governor in Council may by notification in the Gazette correct any
omission from or error in any approved plan.

(5) On such approval being given. the approved plan shall be printed and
exhibited for public inspection at such place as the Board may consider suitable and
the fact of such approval and exhibition shall be notified in the Gazette.

(6) The Board shall supply a copy of any approved plan to any person on
payment of such fee as the Board may determine.

Refusal to approve plan

10. If the Governor in Council refuses to approve a draft plan such refusal shall
be notified in the Gazette; but any such refusal shall be without prejudice to the
preparation of a new draft plan and the submission of the same.

Deposit of copies of approved plan

11. A copy of the approved plan, certified by the Chairman of the Board shall
be deposited in the Land Office and shall be available for inspection without
payment of any fee. The Land Officer shall cause to be posted and prominently
displayed in the Land Office notices in English and Chinese directing attention
thereto.

(Amended, 26 of 1956, s. 3)

Revocation, replacement and amendment of approved plans

12. (1) The Governor in Council may

(a) revoke in whole or in part any approved plan; or

(b) refer any approved plan to the Board for-
(i) replacement by a new plan, or

(ii) amendment.

(2) Notification of any revocation or reference under subsection (1) shall be
published in the Gazette and noted by the Land Officer on the copy of the plan
deposited under section 11.

(3) Upon any reference under subsection (1)(b), a new plan in replacement of
the plan referred or any amendment to the plan referred, as the case may be, shall be
prepared, exhibited, considered, submitted, approved and deposited in accordance
with the foregoing provisions of this Ordinance in like manner as the plan it replaces
or amends and to this intent where the reference is under subsection (1)(b)(ii), the
word 'plan' in section 4, except as regards the master lay-out plan, and in sections 5
to 11, shall be construed as referring to the plan showing the amendment.
(Amended, 2 of 1988, s. 5)

(4) A plan referred to the Board shall be replaced by the new approved plan or
read as one with any approved amendment, as the case may be. The Land Officer
shall endorse accordingly the copy of the plan deposited under section 11 which
has been replaced or amended.

(5) Any draft amendment prepared under subsection (3) shall be deemed to be
a draft plan for the purposes of section 16(1)(d) of the Buildings Ordinance (Cap.
123).

(Replaced, 3 of 1958, s. 2)





Approved plans to serve as standards

13. Approved plans shall be used by all public officers and bodies as
standards for guidance in the exercise of any powers vested in them.

(Amended, 3 of 1958, s. 3)

Works etc. authorized under Roads (Works, Use and
Compensation) Ordinance

13A. Any works or use authorized under the Roads (Works, Use and
Compensation) Ordinance (Cap. 370) shall be deemed to be approved under this
Ordinance, whether or not those works or that use form part of a plan approved by
the Governor in Council under section 9.

(Added, 37 of 1982, s. 39)

Power to make regulations

14. The Governor in Council may make regulations for the purpose of
facilitating the work of the Board and generally for the purpose of carrying the
provisions of this Ordinance into effect.

Expenses of the Board

15. Any expense incurred with the sanction of the Governor by the Board in
connection with the exercise of its powers or the performance of its duties under
this Ordinance or the regulations made thereunder shall be met from moneys voted
by the Legislative Council.

Applications for permission in respect of plans

16. (1) Where a draft plan or approved plan, whether prepared or approved
before or after the commencement of the Town Planning (Amendment and
Validation) Ordinance 1974 (59 of 1974), provides for the grant of permission for any
purpose, an application for the grant of such permission shall be made to the Board.

(2) Any such application shall be addressed in writing to the secretary to the
Board and shall be in such form and include such particulars as the Board thinks fit.

(3) The Board shall within 2 months of the receipt of the application, consider
the same in the absence of the applicant and, subject to subsection (4), may grant or
refuse to grant the permission applied for.

(4) The Board may grant permission under subsection (3) only to the extent
shown or provided for or specified in the plan.

(5) Any permission granted under subsection (3) may be subject to such
conditions as the Board thinks fit.

(6) The secretary to the Board shall notify the applicant in writing of the
Board's decision on an application under this section, and where the Board refused
to grant permission shall also notify the applicant of his right to a review under
section 17.





(7) For the purposes of section 16(1)(d) and (da) of the Buildings
Ordinance (Cap. 123), anything permitted by the Board under this section shall
not be a contravention of any approved plan or draft plan prepared under this
Ordinance. (Amended, 2 of 1988, s. 6)
(Added, 59 of 1974, s. 3)

Right of review

17. (1) Where the Board refused to grant permission under section 16,
the applicant may, within 21 days of being notified of the decision of the Board,
apply in writing to the secretary to the Board for a review of the Board's
decision.

(2) On receipt of an application under subsection (1), the secretary to the
Board shall fix a time and place for the review, which shall be a day not more
than 3 months of the receipt of the application, and shall give 14 days' notice
thereof to the applicant.

(3) On a review under this section the applicant or his authorized
representative may attend before the Board and shall be given an opportunity to
make representations.-

(4) If the applicant or an authorized representative does not attend at the
time and place fixed for the review, the Board may proceed with the review or
adjourn it.

(5) On a review under this section the Board shall consider any written
representations submitted by the applicant.

(6) On a review under this section, the Board may, subject to section
16(4), grant or refuse to grant the permission applied for and may exercise the
powers conferred by section 16(5).

(7) Any person aggrieved by the decision of the Board on a review under
this section may appeal by way of petition to the Governor in Council whose
decision on such appeal shall be final.
(Added, 59 of 1974, s. 3)

Amendment of diagrams, etc.

18. (1) Where a draft plan prepared before the commencement of the
Town Planning (Amendment and Validation) Ordinance 1974 (59 of 1974),
whether it has been approved under section 9 or not, contains, or is accom-
panied by, diagrams, illustrations, notes or descriptive matter, the Board may,
for the purpose of removing any uncertainty,-

(a) amend such diagrams, illustrations, notes or descriptive matter; or

(b)replace such diagrams, illustrations, notes or descriptive matter with
such other diagrams, illustrations, notes or descriptive matter as it
thinks fit,

and the amended or new diagrams, illustrations, notes or descriptive matter
shall be, and shall be deemed always validly to have been, part of the plan.





(2) Where, pursuant to subsection (1), the Board amends or replaces any
diagrams, illustrations, notes or descriptive matter contained in, or accompany-
ing, a draft plan which has been approved under section 9, the Board shall
notify the Land Officer of the amendment or replacement and the Land Officer
shall make such amendment of the copy of the plan deposited with him under
section 11 as may be necessary.

(3) Where the Board has amended or replaced any diagrams, illustrations,
notes or descriptive matter under subsection (1), the Board shall make such
amended or new diagrams, illustrations, notes or descriptive matter available
for public inspection and shall publish in the Gazette a notice of the place and
time at which the same may be inspected.

(4) Notwithstanding any provision of this Ordinance, no objection shall
be allowed to any amendment or replacement made by the Board under
subsection (1).
(Added, 59 of 1974, s. 3)

Comprehensive development area validation

19. The inclusion in a plan of an area described as '(Other Specified Uses)
Comprehensive Development Area' or '(Other Specified Uses) Comprehensive
Redevelopment Area', and all decisions of the Board and of the Building
Authority under the Buildings Ordinance (Cap. 123) in relation to the area, that
could have validly been included or made under this Ordinance or the Buildings
Ordinance had the amendments made by the Town Planning (Amendment)
Ordinance 1988 (2 of 1988) been in operation at the time of the inclusion or
decisions, shall not be held to be invalid by reason only that those amendments
were not then in operation.
(Added, 2 of 1988, s. 7)

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