File Download

There are no files associated with this item.

  Links for fulltext
     (May Require Subscription)
Supplementary

Article: A legal analysis of the concept of "planning by contract" in non-statutory planning control in Hong Kong

TitleA legal analysis of the concept of "planning by contract" in non-statutory planning control in Hong Kong
Authors
KeywordsCovenants
Hong Kong
Land
Leasing
Physical planning
Issue Date2006
PublisherEmerald Group Publishing Limited. The Journal's web site is located at http://www.emeraldinsight.com/f.htm
Citation
Facilities, 2006, v. 24 n. 5-6, p. 211-220 How to Cite?
AbstractPurpose: To study the nature of covenants for planning control from a legal perspective; to examine the legal mechanisms by which different parties may be bound by covenants and to illustrate the better legal meaning for the idea of "planning by contract". Design/methodology/approach: The legal principles in Hong Kong relating to how land covenants may affect land owners are used in analyzing the concept of "planning by contract", which conveys a meaning of an origin from the concept of privity of contract. Examples by reference to real life cases are used to illustrate how planning control through covenants has affected land owners. Findings: Covenants relating to planning control in land leases affect not only the original government lessees but also all subsequent owners to the land. The operation of planning control through covenants is more than a concept based on operation of contract. Research limitations/implications: The analysis is largely based on the law in Hong Kong. The extent to which the analysis may apply elsewhere is a matter depending on the legal framework in the operation of land covenants at different places. Practical implications: Land owners and facility managers should fully understand the mechanism by which land covenants may bind land owners even if they have never agreed to the covenants and that the development potential of the property may be seriously affected. Originality/value: This paper will serve as an aid to land owners and facility managers to understand the mechanism by which land covenants may affect the land and its development potential. © Emerald Group Publishing Limited.
Persistent Identifierhttp://hdl.handle.net/10722/81902
ISSN
2015 SCImago Journal Rankings: 0.371
References

 

DC FieldValueLanguage
dc.contributor.authorLeung, HFen_HK
dc.date.accessioned2010-09-06T08:23:15Z-
dc.date.available2010-09-06T08:23:15Z-
dc.date.issued2006en_HK
dc.identifier.citationFacilities, 2006, v. 24 n. 5-6, p. 211-220en_HK
dc.identifier.issn0263-2772en_HK
dc.identifier.urihttp://hdl.handle.net/10722/81902-
dc.description.abstractPurpose: To study the nature of covenants for planning control from a legal perspective; to examine the legal mechanisms by which different parties may be bound by covenants and to illustrate the better legal meaning for the idea of "planning by contract". Design/methodology/approach: The legal principles in Hong Kong relating to how land covenants may affect land owners are used in analyzing the concept of "planning by contract", which conveys a meaning of an origin from the concept of privity of contract. Examples by reference to real life cases are used to illustrate how planning control through covenants has affected land owners. Findings: Covenants relating to planning control in land leases affect not only the original government lessees but also all subsequent owners to the land. The operation of planning control through covenants is more than a concept based on operation of contract. Research limitations/implications: The analysis is largely based on the law in Hong Kong. The extent to which the analysis may apply elsewhere is a matter depending on the legal framework in the operation of land covenants at different places. Practical implications: Land owners and facility managers should fully understand the mechanism by which land covenants may bind land owners even if they have never agreed to the covenants and that the development potential of the property may be seriously affected. Originality/value: This paper will serve as an aid to land owners and facility managers to understand the mechanism by which land covenants may affect the land and its development potential. © Emerald Group Publishing Limited.en_HK
dc.languageengen_HK
dc.publisherEmerald Group Publishing Limited. The Journal's web site is located at http://www.emeraldinsight.com/f.htmen_HK
dc.relation.ispartofFacilitiesen_HK
dc.subjectCovenantsen_HK
dc.subjectHong Kongen_HK
dc.subjectLanden_HK
dc.subjectLeasingen_HK
dc.subjectPhysical planningen_HK
dc.titleA legal analysis of the concept of "planning by contract" in non-statutory planning control in Hong Kongen_HK
dc.typeArticleen_HK
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=0263-2772&volume=24&spage=211&epage=220&date=2006&atitle=A+legal+analysis+of+the+concept+of+“planning+by+contract”+in+non-statutory+planning+control+in+Hong+Kongen_HK
dc.identifier.emailLeung, HF:hfleung@hkucc.hku.hken_HK
dc.identifier.authorityLeung, HF=rp01009en_HK
dc.description.naturelink_to_subscribed_fulltext-
dc.identifier.doi10.1108/02632770610665793en_HK
dc.identifier.scopuseid_2-s2.0-33645830307en_HK
dc.identifier.hkuros123456en_HK
dc.relation.referenceshttp://www.scopus.com/mlt/select.url?eid=2-s2.0-33645830307&selection=ref&src=s&origin=recordpageen_HK
dc.identifier.volume24en_HK
dc.identifier.issue5-6en_HK
dc.identifier.spage211en_HK
dc.identifier.epage220en_HK
dc.publisher.placeUnited Kingdomen_HK
dc.identifier.scopusauthoridLeung, HF=8654056500en_HK

Export via OAI-PMH Interface in XML Formats


OR


Export to Other Non-XML Formats