Hong Kong Ordinances

TOWN PLANNING ORDINANCE - SECT 20

Development permission area plans

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 62 of 2000 s. 3 DEVELOPMENT
PERMISSION AREAS

(1) In any draft plan prepared under section 3(1)(b), the Board shall
designate any area of Hong Kong, as directed by the Chief Executive, as a
development permission area. (Amended 62 of 2000 s. 3)

(2) The Board shall not designate as a development permission area any area
that is or was previously included in a plan under this Ordinance, other than
a plan prepared under section 26.

(3) A draft plan referred to in subsection (1) may as in section  4 (1) show
or make provision within the development permission area for any of the
matters specified in section 4(1) in relation to a plan prepared under
section 3(1)(a).

(4) Sections 4(3), 4A to 13A, 16 and 17 apply to a plan referred to in
subsection (1) as they apply to a plan prepared under section 3(1)(a). <* Note - Exp. X-Ref.: Sections 4A, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13A *>

(5) A plan referred to in subsection (1), whether or not it becomes an
approved plan, is effective for a period of 3 years after notice of the 
draft plan is first published in the Gazette pursuant to section 5, but on the
application of the Board the Chief Executive in Council may, by a notice
published in the Gazette before the end of the 3-year period, extend the
period for up to one additional year. (Amended 62 of 2000 s. 3)

(6) Except as provided in subsection (7)(a) and in the definition
of "unauthorized development" in section 1A, where land that is within a plan
referred to in subsection (1) is included in a plan prepared under
section 3(1)(a), the plan referred to in subsection (1) ceases to be effective
in relation to that land.

(6A) Notwithstanding that the plan referred to in subsection (1) ceases to be
effective under subsection (6), sections 16, 17 and 17B shall continue to
apply to applications for permission submitted under section  16 during the
effective period of 3 years or the period of up to one additional year as
extended by the Chief Executive in Council, as referred to in subsection (5)
until the right to be considered under section 16, right of review under
section 17 and right of appeal under section 17B have been exhausted,
abandoned or have expired; and the Board or the Appeal Board, as the case may
be, shall consider under section 16, review under section 17 or hear an appeal
under section 17B in respect of the applications to the extent as shown or
provided for or specified in the plan referred to in subsection (1). (Added 22
of 1994 s. 4. Amended 62 of 2000 s. 3)

(7) Where land that is within a plan referred to in subsection (1) is included
in a plan prepared under section 3(1)(a), no person shall undertake or
continue development on that land unless-

   (a)  the development was an existing use in relation to the plan prepared
        under this section;

   (b)  the development is permitted under the plan prepared under
        section 3(1)(a); or

   (c)  permission to do so has been granted under section 16 either before or
        after the land was included in the plan prepared under section  3
        (1)(a).

(8) A person who contravenes subsection (7) commits an offence and is liable,
in the case of a first conviction, to a fine of $500000 and, in the case of a
second or subsequent conviction, to a fine of $1000000. (Replaced L.N. 300 of
1995) (Added 4 of 1991 s. 8)