Planning conditions in Hong Kong. An empirical study and a discussion of major issues

Abstract

Purpose - This paper was motivated by the absence of a government examination of and professional interest in planning conditions as a means of development control in Hong Kong. Proposes to examine this situation. Design/methodology/approach - The research objective is achieved by a field survey and legal analysis of its findings. The field survey of all the 60 residential development projects in Hong Kong under comprehensive development area zoning subject to conditional planning permissions from 1998 to 2000 involving 119 planning applications was conducted to assess factual compliance with planning conditions. Findings - The findings show that, while most physical planning obligations have been duly fulfilled in these projects, the non-depositing of master layout plans for development poses actual and potential public domain problems of planning enforcement, building permission, conveyancing and property management. The major problems of non-compliance are property purchasers being unable to fully appreciate the environment of a development when making a decision to buy; subsequent titles defects, unauthorised building works and operations. Suggestions are made to close the loopholes in planning law and to introduce a formal channel for retrospective rectification in the light of the social consequences of non-compliance. Originality/value - This paper is the first serious attempt to evaluate the importance of compliance with planning conditions in Hong Kong and its analysis should be of interest not only to local policy makers and professional people in particular, but also to researchers in comparative development control in general. © Emerald Group Publishing Limited.