Contractual enforcement of planning conditions: a Hong Kong case study

There is no direct statutory planning enforcement mechanism for land without a history of Interim Development Permission Area Plans or Development Permission Area Plans in Hong Kong. Indirect enforcement of planning conditions is largely conducted by the Building Department upon building approval an...

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Main Author: Yung, Ping
Format: Journal Article
Published: Pion 2011
Online Access:http://hdl.handle.net/20.500.11937/29748
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author Yung, Ping
author_facet Yung, Ping
author_sort Yung, Ping
building Curtin Institutional Repository
collection Online Access
description There is no direct statutory planning enforcement mechanism for land without a history of Interim Development Permission Area Plans or Development Permission Area Plans in Hong Kong. Indirect enforcement of planning conditions is largely conducted by the Building Department upon building approval and by the Lands Department if the conditions are incorportated into the lease. The extent to which planning conditions are incorportated into leases is largely unknown, impacting the effect of this indirect contractual enforcement. This extent and probabilities of the incorporation of planning conditions in Comprehensive Development Area zones into leases are investigated. A total of 339 planning conditions on thirty-eight sites were identified but some were excluded from the study, leaving 188 for analysis. These conditions were categories of planning conditions (acess improvement, footbridges, lay-bys, and public vehicle park; social facilities such as open space, day nursery, or kindergarden; water supply, drawing, sewage) had the highest percentages of incorporation into leases, while the percentage for a fouth category (layout, landscape, car park plan) was not very high but still significantly higher than the other four cateorgies.
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spelling curtin-20.500.11937-297482017-02-28T01:50:24Z Contractual enforcement of planning conditions: a Hong Kong case study Yung, Ping There is no direct statutory planning enforcement mechanism for land without a history of Interim Development Permission Area Plans or Development Permission Area Plans in Hong Kong. Indirect enforcement of planning conditions is largely conducted by the Building Department upon building approval and by the Lands Department if the conditions are incorportated into the lease. The extent to which planning conditions are incorportated into leases is largely unknown, impacting the effect of this indirect contractual enforcement. This extent and probabilities of the incorporation of planning conditions in Comprehensive Development Area zones into leases are investigated. A total of 339 planning conditions on thirty-eight sites were identified but some were excluded from the study, leaving 188 for analysis. These conditions were categories of planning conditions (acess improvement, footbridges, lay-bys, and public vehicle park; social facilities such as open space, day nursery, or kindergarden; water supply, drawing, sewage) had the highest percentages of incorporation into leases, while the percentage for a fouth category (layout, landscape, car park plan) was not very high but still significantly higher than the other four cateorgies. 2011 Journal Article http://hdl.handle.net/20.500.11937/29748 Pion restricted
spellingShingle Yung, Ping
Contractual enforcement of planning conditions: a Hong Kong case study
title Contractual enforcement of planning conditions: a Hong Kong case study
title_full Contractual enforcement of planning conditions: a Hong Kong case study
title_fullStr Contractual enforcement of planning conditions: a Hong Kong case study
title_full_unstemmed Contractual enforcement of planning conditions: a Hong Kong case study
title_short Contractual enforcement of planning conditions: a Hong Kong case study
title_sort contractual enforcement of planning conditions: a hong kong case study
url http://hdl.handle.net/20.500.11937/29748