Town Planning Board maintains its previous decision to amend zoning of site at northernmost part of Old Course of Fanling Golf Course to “Undetermined” temporarily
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The Town Planning Board (TPB) completed today (October 20) the deliberation on the further representations on the proposed amendment to the draft Fanling/Sheung Shui Extension Area Outline Zoning Plan No. S/FSSE/1 (the draft OZP) and decided to amend the draft OZP by the proposed amendment, i.e. rezoning the 9.5-hectare site at the northernmost portion of the draft OZP (the Site) from “Residential (Group A)” to “Undetermined” (“U”) temporarily.
Having considered thoroughly 1 903 further representations, the oral submissions of about 60 attendees in the three-day hearing, as well as the views and responses of the Planning Department and relevant departments, the TPB arrived at the decision after discussion at its meeting this afternoon.
The TPB was aware that the Hong Kong Golf Club had lodged a judicial review (JR) against the Director of Environmental Protection’s decision to approve with conditions the Environmental Impact Assessment related to the draft OZP (the Decision), and the Court had granted an interim stay on the Decision, but made it clear that the Civil Engineering and Development Department (CEDD) could go ahead with the review on the layout and development intensity of the proposed public housing development at the Site in accordance with the relevant approval conditions under the Decision. The TPB took a cautious approach in considering the further representations, taking into account the relevant content in the Court’s decision. The TPB also noted that the Court’s decision on the interim stay did not legally prevent the TPB from proceeding with the hearing and submission of the draft OZP to the Chief Executive in Council (CE in C).
After thorough discussion, the TPB considered the “U” zoning for the Site appropriate at this stage since such land use zoning serves as a transitional arrangement and does not determine the permanent use of the Site. It allows the CEDD to conduct the review with flexibility to cater for possible outcomes of the JR, while providing appropriate planning control on the Site during the interim period. The TPB would submit the draft OZP to the CE in C for consideration before the statutory time limit of November 30, 2023.
The TPB acknowledged that the long-term use of the Site would only be confirmed upon completion of the CEDD’s review and the JR proceedings. Any further rezoning of the Site in future would be processed in accordance with the Town Planning Ordinance, and the public would have the opportunity to submit representations.
