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The Standardisation of Planning Conditions

Afirst Attempt in Hong Kong
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This dissertation, "The Standardisation of Planning Conditions: Afirst Attempt in Hong Kong" by Wai-kwok, Jasi, Liu, 劉偉國, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: -i - It is well recognised amongst many planning professionals the direct link between good development control mechanism embodied in the planning system and the desirable form of development. The imposition of conditions in planning permissions can be viewed not as an additional power conferred upon the planning authority, but as an integral part of such development control mechanism.. Approval conditions are very often positively used to permit development which might otherwise be refused. It is also well accepted that the use of conditions often enable the planning authority to seek (and then control) details of the proposed development which are hence not included or clarified in the original planning applications. Planning conditions are hence essential for the promotion of good planning. Although planning conditions found in planning permissions are very diverse in nature (having regard to different local situations, circumstances and experiences), it is generally felt that a substantial part of such conditions can be standardised and categorised in respect of their specific nature viz. transport, landscaping, environment etc. Standard conditions allow more speed in determining applications, general efficiency, fairness, and usually ensure consistency throughout the whole planning control system. The use of standard wordings in the conditions is also more likely to minimise dispute later or lead to less judicial challenge resulting from differing interpretations of such conditions by various parties concerned with the conditions imposed. Hence, the principal aim of the present study is to formulate a set of standard planning conditions to facilitate the district planners in processing planning applications in Hong Kong. Since it is the first attempt in Hong Kong (at the time when this study is under preparation) to formulate a list of standard conditions, experience in this area will be borrowed from U.K. At initial stage of the present study, the general background of the study would be established with a view to investigating the basic legal framework in both Hong Kong and U.K. under which the development control systems operate. From this framework, an attempt would be made to identify the common elements exist between the two development control systems. On this basis, the legitimacy of borrowing the U.K. experience in testing and standardising the planning conditions currently applied in Hong Kong can be established. -ii The second stage basically involves an initial survey, compilation and analysis of the planning conditions imposed in the planning permissions in Hong Kong, which would be undertaken in the light of the U.K. experience. The aim of the third stage is to conduct a survey in the form of face-to-face interviews with the planning consultants, developers and planning officials with a view to soliciting their views on the use of planning conditions currently applied in Hong Kong and also the desirability and practicability of standardising such conditions. On the basis of the legal framework established in early stages, the fourth stage attempts to explore further the statutory and administrative means currently employed in U.K. to ensure the validity of planning conditions. Six tests (based on Department of Environment's Circular 1/85 "The Use of Conditions in Planning Permissions) would be used to test the planning conditions in local context prior to undertaking th
Release date NZ
January 28th, 2017
Audience
  • General (US: Trade)
Contributor
  • Created by
Country of Publication
United States
Illustrations
colour illustrations
Imprint
Open Dissertation Press
Publisher
Open Dissertation Press
Dimensions
216x279x6
ISBN-13
9781374797659
Product ID
26663773

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