Planning Buildings for a High-Rise Environment in Hong Kong: A Review of Building Appeal Decisions PDF
Preview Planning Buildings for a High-Rise Environment in Hong Kong: A Review of Building Appeal Decisions
PLANNINQ BUILDINQS I v/l CI. HIQH-RISE ENVIRONMENT . .. A REVIEW OF BUILDINQ APPEAL DECISIONS HONQ KONQ iI .1 LAWRENCE WAI-CHVNQ LAI DANIEL CHI-WINQ HO PLANNING BUILDINGS FOR A HIGH-RISE ENVIRONMENT IN HONG KONG A REVIEW OF BUILDING APPEAL DECISIONS To our students at the University of Hong Kong and the Hong Kong Polytechnic University PLANNING BUILDINGS FOR A HiGH-RlSE ENVIRONMENT IN HONG KONG A REVIEW OF BUILDING APPEAL DECISIONS LAWRENCE WAI-CHUNG LAI BSocSc (Hons), MSocSc (Econ), PhD (HKU), LLB (Hons) (London), MTCP (Sydney), MRAPI, MHKIP, MCIT, Registered Professional Planner DANIEL CHI-WING HO BSc, MBA (CUHK), PhD (HKU), FRICS, FHKIS, Registered Professional Surveyor (BS), Authorized Person * m *. ¥ a K& *t HONG KONG UNIVERSITY PRESS Hong Kong University Press 14/F Hing Wai Centre 7 Tin Wan Praya Road Aberdeen Hong Kong © Hong Kong University Press 2000 First published 2000 Reprinted 2002 ISBN 962 209 505 4 All rights reserved. No portion of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical including photocopy, recording or any information storage or retrieval system, without prior permission in writing from the publisher, Hong Kong University Press. Secure On-line Ordering http://www.hkupress.org Cover designed by Lea & Ink Design Printed in Hong Kong by Liang Yu Printing Factory Company Ltd. CONTENTS Foreword vii by Professor David Lung Preface ix Acknowledgements xiii Note on Reprint Edition xiv List of Illustrations xv List of Building Appeal Cases xvii Chapter 1 Introduction 1 Chapter 2 Building Appeal Rules and Principles 17 Chapter 3 Comments on Building Appeal Cases 53 Chapter 4 Summary and Analysis of Building Appeal Cases 71 Appendix 1 Cross-sectional Profiles of Victoria Harbour and 327 Sydney Harbour Appendix 2 A List of Practice Notes for Authorized Persons 329 and Registered Structural Engineers (Revised 08/01) Appendix 3 A Comparison of the Building (Plan) Application 337 and Planning Application Systems VI Planning Buildings for a High-Rise Environment in Hong Kong Appendix 4 The Building and Planning Application Appeal 339 Procedures Appendix 5 Buildings and Related Ordinances, Policies 341 and Events Appendix 6 A Comparison of Interpretation of Lease 343 Conditions Relating to Building Control between the Lands Department and the Buildings Department Bibliography 349 Index 355 HI FOREWORD Hong Kong's economy is one that is land and development driven. In the densely packed urban areas of Hong Kong and Kowloon, where most buildings do not last for more than 50 years, cyclical redevelopment on the same piece of land is the 'name of the game'. Marine Lot No. 104, for instance, the land which Hong Kong Bank sits on, has been enlarged and redeveloped over 4 times since its first development in the 1850s. During the course of redevelopment of old building lots, it is inevitable that the owners' desire to cater for modern comfort, and keep maximize their financial return by fully developing sites, will create many conflicts. Disputes and appeals are often the results. This book is about building appeals. It examines over 40 unreported cases, which are systematically categorized and analysed, and gives the reader an overall perspective of each situation. As a member of the architectural profession and of the academia, I find it most useful. The authors, Lawrence Lai and Daniel Ho, two of my most respected colleagues in the Department of Real Estate and Construction, the University of Hong Kong, undoubtedly have invested a great deal of effort in researching, assembling and introducing the materials in a thoughtful and orderly manner. Their work will make the research tasks of others immeasurably easier. They are to be congratulated for their noble effort. David Lung Professor of Architecture, The University of Hong Kong Chairman of Antiquities Advisory Board Member of the Managing Board, Land Development Corporation December 1999 HI PREFACE This book was Lawrence Lai's idea. Inspired and encouraged by his Town Planning in Hong Kong: A Review of Planning Appeal Decisions, we felt that there should be a similar volume which addresses the key issues arising from the decisions of the Building Appeal Tribunal. As a result, we each suffered a twelve-month solitary confinement after lectures to work on this book and risked failing our own examinations (there are just too many examinations in life!). We hope that our efforts have paid off in providing a detailed analysis of planning considerations in building appeals. Statutory building control is a key link between the overall planning and development control of the built-form of Hong Kong. The hallmark of Hong Kong built-form is its extremely high density and high-rise approach to nearly all types of land use. This is unique in the world. In terms of town planning, statutory building control through the building plans application process has been the major vehicle of enforcing statutory town plans, which do not have enforcement powers except for those that begin their lives as 'interim development permission area' plans prepared for the rural areas. In this context, it is unfortunate for both professionals and students in town planning and building development that there have been few systematic accounts of the major decisions of the Building Appeal Tribunal. A notable exception is an article written by Mr Bokhary, now a Court of Final Appeal Judge, on s. 16(l)(g) of the Buildings Ordinance. It was published in the Hong Kong Law Journal in 1989. Nor is there any integrated work on the relationship of town planning, building control and valuation in the development process. An exception is the succinct and excellent work, Valuation of Development Land in Hong Kong, written by Mr P. J. Roberts. It was published 24 years ago by Hong Kong University Press, and by now outdated. By conducting a comparative analysis of 40 selected building appeal cases
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