TPB Paper No. 10316

TPB Paper No. 10316

For consideration by

the Town Planning Board

on 18.8.2017

CONSIDERATION OF FURTHER REPRESENTATIONS

NO. F1 TO F41 ON THE PROPOSED AMENDMENT TO THE

DRAFT SAI YING PUN & SHEUNG WAN OUTLINE ZONING PLAN (OZP) NO. S/H3/30

ARISING FROM THE CONSIDERATION OF REPRESENTATIONS

ON THE DRAFT OZP

Subject of Further Representations Further Representers

Support the proposed Amendment Item A

F1 to F33:

Individuals

Support the proposed Amendment Item A but

Oppose the proposed amendment to the Notes of the OZP

F34 : Tsim Sha Tsui Residents

Concern Group

Oppose the proposed Amendment Item A

F35 to F41:

Individuals

Note : A full set of all valid further representations is enclosed at Enclosure VI. The names of all further representers can be found at Enclosure V and at the Board’s website at http://www.info.gov.hk/tpb/en/plan_making/S_H3_30.html

1. Introduction

1.1 On 21.10.2016, the draft Sai Ying Pun & Sheung Wan OZP No. S/H3/30 involving the

rezoning of the Man Mo Temple Compound (MMTC) and ex-Tung Wah Group of

Hospitals (TWGHs) Lee Sai Chow Primary School (the site) from “Government,

Institution or Community” (“G/IC”) to “G/IC(2)” with a maximum building height

restriction of 97mPD for the ex-school site and a maximum BH restriction of 1 storey

for MMTC was exhibited for public inspection under section 5 of the Town Planning

Ordinance (the Ordinance). Amendments were also made to the Notes to incorporate

‘Residential Institution (Hostel only) (on land designated “G/IC(2)” only)’ under

Column 1 of the Notes of the “G/IC” zone and to replace ‘Residential Institution’ under

Column 2 with ‘Residential Institution (not elsewhere specified)’. During the

two-month exhibition period, a total of 635 representations were received. On

20.1.2017, the Town Planning Board (the Board) published the representations and, in

the first three weeks of the publication period, no comments were received.

1.2 After consideration of the representations under section 6B of the Ordinance on

21.4.2017, the Board supported the proposed use of the site as a youth hostel, agreed to

adopt a building height restriction of 97mPD for the development, and to require the

youth hostel development to be subject to planning permission from the Board to ensure

that the building design would be subject to scrutiny. In this regard, the Board decided

to amend the draft OZP to partially uphold representations R2 to R635 by deleting the

‘Residential Institution (Hostel only)(on land designated “G/IC(2)” only)’ use from

Column 1 under the “G/IC” zone and replacing the ‘Residential Institution (not

elsewhere specified)’ use under Column 2 with ‘Residential Institution’. In order to

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correspond with such amendments, the site would be rezoned from “G/IC(2)” to “G/IC”.

The relevant Town Planning Board Paper and minutes of meeting are at Enclosures I

and II respectively.

1.3 On 12.5.2017, the proposed amendment to the draft OZP was exhibited for public

inspection under section 6C(2) of the Ordinance. A copy of the Schedule of Proposed

Amendment, Amendment Plan No. R/S/H3/30-A1 and Proposed Amendments to the

Notes and Explanatory Statement of the draft OZP is attached at Enclosure III. During

the first three weeks of the exhibition period, a total of 41 valid further representations

(FRs) were received.

1.4 On 7.7.2017, the Board decided to hear the valid FRs, F1 to F41, collectively in one

group. This Paper is to provide the Board with information for the consideration of the

valid FRs. A summary of the valid FRs with PlanD’s responses and the list of further

representers are at Enclosures IV and V respectively and a full set of the valid FRs is at

Enclosure VI. The location of the valid FRs is shown on Plan FH-1.

1.5 In accordance with section 6F(3) of the Ordinance, the original representers who have

made representations on which the proposed amendment have been made and the further

representers F1 to F41 have been invited to the meeting.

1.6 On 18.7.2017, the Chief Executive, under section 8(2) of the Ordinance, agreed to

extend the statutory time limit for the Board to submit the draft OZP to the Chief

Executive in Council (CE in C) for approval for a period of six months from 21.9.2017

to 21.3.2018.

2. The Further Representations

2.1 Among the 41 valid FRs, 34 (F1 to F34) supported Amendment Item A and 7 (F35 to

F41) were opposed to the proposed amendments, while one supporting FR (F34)

supported the rezoning of the site from “G/IC(2)” to “G/IC” but opposed the inclusion of

‘Residential Institution’ use in either Column 1 or Column 2 of the “G/IC” zone. All

the FRs were submitted by individuals except for F34 which was submitted by the Tsim

Sha Tsui Residents’ Concern Group. F24 to F28 and F35 to F41 were submitted in a

standard format. The grounds and/or proposals of the FRs are summarized as follows:

Supportive FRs

2.2 F1 to F34 supports Amendment Item A on the following main grounds: the proposal

makes good use of land resources to provide more housing accommodations for youths,

especially those from the lower income group with limited family support; the proposed

youth hostel can help ease the housing problems of youths and increase their awareness

of heritage conservation; the youth hostel can provide cheap accommodation to youths;

the youth hostel is beneficial to society; and building a youth hostel and heritage

conservation should not be mutually exclusive.

2.3 While F34 supports the rezoning of the representation site from “G/IC(2)” to “G/IC”, the

further representer opposes the inclusion of ‘Residential Institution’ use in either

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Column 1 or Column 2 of the “G/IC” zone on the grounds that the proposed youth hostel

development will cause damage to MMTC which is located in the Mid-levels Scheduled

Area, and the existing school building can be refurbished to provide a number of GIC

uses including Visitor’s Centre, educational or library facilities or even a social

enterprise.

Adverse FRs

2.4 F35 to F41 opposed Amendment Item A on grounds which are similar to those as raised

by the original representers. The opposing grounds mainly include objection to any

redevelopment of MMTC; the use of the site for ‘Residential Institution (Hostel only)’

should not be allowed; objection to any increase in allowable building height for the site;

and any redevelopment should be restricted to the same height of MMTC, i.e.

one-storey.

2.5 The FRs propose to include a building height restriction of one-storey at the ex-school

site or to restrict the height to that of the existing height of MMTC.

3. Planning Considerations and Assessments

The Further Representation (FR) Site and the Surrounding Areas (Plans FH-1 to FH-4)

3.1 The FR site is currently divided into two portions with the vacant 6-storey ex-TWGH

Lee Sai Chow Memorial Primary School on the eastern part of the site and MMTC, a

declared monument, in the western part of the site. The FR site is adjoined by Ladder

Street, also a declared monument, on the west and by Ping On Lane, not a graded

historic structure, on the east.

3.2 The surrounding area is predominantly residential in nature with a mix of GIC uses.

Several high-rise residential buildings are found in the vicinity with building heights

ranging from 96mPD to 163mPD. The site is about 300m away from the Sheung Wan

MTR Station and is well served by other means of public transportation.

Planning Intention

3.3 The “G/IC” zone is intended primarily for the provision of GIC facilities serving the

needs of the local residents and/or wider district, region or the territory. It is also

intended to provide land for uses directly related to or in support of the work of the

Government, organisations providing social services to meet community needs, and

other institutional establishments.

Responses to Grounds of Further Representations and Further Representers’ Proposals

3.4 The views of the supportive FRs (F1 to F34) are noted.

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3.5 For the opposing FRs, their views on the proposed use of the FR site as a youth hostel,

the building height of the development proposal, converting the existing school building

into a youth hostel, and the possible impact of the proposed development on MMTC

were already fully deliberated by the Board during the hearing of representations on

21.4.2017. Responses to these views are as follows:

Proposed Youth Hostel Use in the GIC zone

3.5.1 In considering the representations, the Board noted that the proposed

development of a youth hostel at the FR site is in line with the Youth Hostel

Policy1 to provide hostels for youth which was considered appropriate.

3.5.2 By placing ‘Residential Institution’ use in Column 2, the youth hostel

development would require planning permission from the Board under s.16 of

the Ordinance. The Board could thus ensure that the building design of the

proposed development and any impacts generated would be scrutinized before

development could proceed.

3.5.3 The Secretary for Home Affairs (SHA) reiterated its views that Amendment Item

A had their policy support and was essential to the development of a youth

hostel at the FR site. TWGH and HAB had consulted the Food, Environment,

Hygiene & Works Committee of the Central and Western District Council in July

2014 and secured their support to the project. Besides, the design of the youth

hostel, the choice of materials and the construction methods were tailor made to

minimise the impact to MMTC and to highlight the temple’s historical

importance. SHA would also like to emphasize that as advised by the

Department of Justice, the proposed re-development of the ex-school site as a

youth hostel fell within the objects of the Man Mo Temple Fund as provided in

section 3 of the Man Mo Temple Ordinance (MMTO) (Cap. 154) and the powers

conferred on TWGHs under section 3A of Cap. 154. Also, TWGHs’ lawyers

provided legal opinion that TWGHs may, as trustee and manager of the Man Mo

Temple Fund, develop or re-develop any property belonging to the Fund either

by pulling down any existing premises or structures and rebuilding thereon or in

any other manner as TWGHs see fit in accordance with section 3(c) of the

MMTO, provided that all funds and income derived from the proposed

development shall be used for the objects set out under section 3 of MMTO.

Building Height of the Proposal

3.5.4 When considering the appropriate building height for the youth hostel, the Board

had considered whether it was appropriate to retain the original BH restriction of

1 In the 2011-2012 Policy Address, the CE in C has stated that the Government was aware of the concern of some

NGOs about the aspiration of working youths to have their own living space, and would actively support NGOs’ plan to

use part of the land granted to them by the Government for “G/IC” use to build hostels for youths. The YHS would

unleash the potential of under-utilized sites and provide an alternative accommodation option for working youths aged

18-30 at the 75th percentile of the monthly employment earnings.

- 5 -

8-storeys, reduce it to 1-storey, or relax it to 97mPD and decided that a BH of

97mPD was appropriate for the FR site as it would allow design flexibility. To

facilitate better planning control, the Board decided that the future youth hostel

should be subject to planning permission from the Board to ensure that the

building design of the future development would be subject to scrutiny.

Conversion of the Existing School Building

3.5.5 The Board has also deliberated on whether it was appropriate to convert the

existing school building into a youth hostel but decided against such an option as

it would limit the development floor space of the youth hostel. The Board had

also considered developing other GIC facilities at the ex-school site but

considered that the proposed youth hostel use was most appropriate. Besides,

TWGHs had agreed that the G/F of the proposed youth hostel would be used as a

heritage bazaar which would have a permanent photo gallery exhibiting the

history of MMTC and Sheung Wan district and for special exhibitions on the

quarterly festivals of MMTC. Moreover, TWGHs also agreed to explore

opportunities to open up the reading rooms/ multi-purpose rooms on 1/F and 2/F

of the youth hostel to the local community.

Impact on MMTC

3.5.6 The Board also noted that as the FR site is within the Mid-levels Scheduled Area,

any works would be subject to stringent geotechnical controls under the

Buildings Ordinance (BO) and should follow the relevant Practice Note (APP-30)

to safeguard public safety and ground stability. The issue of the youth hostel

causing structural damage to MMTC during construction would be addressed

through the building plan processing system.

3.6 Regarding the objection of the FRs to the redevelopment of MMTC, it should be noted

that the proposed amendment to the OZP is only concerned with the redevelopment of

the ex-TWGHs Lee Sai Chow Primary School and there is no plan to redevelop MMTC.

4. Consultation

4.1 The following government departments have been consulted on the FRs and have no

major comment on the FRs:

(a) Secretary for Development;

(b) Secretary for Education;

(c) Commissioner for Heritage;

(d) Commissioner for Tourism;

(e) Commissioner for Transport;

(f) District Lands Officer/ Hong Kong West &South, Lands Department;

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5. Planning Department’s Views

5.1 The supportive views of F1 to F33 and F34 (part) are noted.

5.2 Based on the assessment in paragraph 3 above, PlanD does not support the opposing

views of F34 (part) and F35 to F41 and considers that the draft OZP should be

amended by the proposed amendments for the following reasons:

(a) the proposed amendments to the “G/IC” zone under Amendment Item A and the

requirement to obtain planning permission for the proposed youth hostel

development from the Board would ensure that the design of the proposed

development and any impacts generated would be scrutinized before

development could proceed;

(b) as the further representation site is within the Mid-levels Scheduled Area, any

works would be subject to stringent geotechnical controls under BO and should

follow the relevant Practice Note (APP-30) to safeguard public safety and

ground stability. The issue of the youth hostel causing structural damage to

MMTC during construction would be addressed through the building plan

processing system; and

(c) the building height of the proposed youth hostel is not the subject of the

proposed amendments.

6. Decision Sought

The Board is invited to give consideration to the FRs taking into consideration the points raised

in the hearing, and decide whether to amend the draft OZP by the proposed amendment(s) as

further varied during the hearing.

(g) Chief Building Surveyor/ Hong Kong West, Buildings Department;

(h) District Officer (Central & West), Home Affairs Department (HAD);

(i) Chief Officer (Licensing Authority), HAD;

(j) Hong Kong Police Force;

(k) Chief Highways Engineer/ Hong Kong, Highways Department;

(l) Director of Environmental Protection;

(m) Director of Drainage Services;

(n) Director of Water Supplies;

(o) Director of Architectural Services;

(p) Project Manager/ Hong Kong Island & Islands, Civil Engineering and

Development Department (CEDD)

(q) Head of Geotechnical Engineering Office, CEDD

(r) Director of Fire Services;

(s) Director of Electrical and Mechanical Services;

(t) Director of Leisure and Cultural Services;

(u) Antiquities and Monument Office, LCSD; and

(v) Director of Social Welfare.

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7. Follow-up Action

7.1 Should the Board decide to amend the draft OZP by the proposed amendments or the

proposed amendment(s) as further varied, such amendment(s) shall form part of the draft

Sai Ying Pun & Sheung Wan OZP No. S/H3/30. In accordance with section 6H of the

Ordinance, the OZP shall thereafter be read as including the amendment(s). The

amendment(s) shall be made available for public inspection until the Chief Executive in

Council has made a decision in respect of the draft OZP in question under section 9 of

the Ordinance.

7.2 Administratively, the Building Authority and relevant government departments will be

informed of the decision of the Board and will be provided with a copy/copies of the

amendment(s).

Enclosures

Plan FH-1 Location Plan of Further Representations

Plan FH-2 Site Plan of Amendment Item

Plan FH-3 Aerial Photo of Amendment Item

Plan FH-4 Site Photo of Amendment Item

Enclosure I TPB Paper No. 10268 for consideration of representations in respect of the

draft Sai Ying Pun & Sheung Wan OZP No. S/H3/30

Enclosure II Minutes of the TPB Meeting held on 21.4.2017

Enclosure III Schedule of Proposed Amendment, Amendment Plan and proposed

amendments to the Explanatory Statement of the Draft Sai Ying Pun &

Sheung Wan OZP No. S/H3/30

Enclosure IV Summary of valid further representations and PlanD’s responses

Enclosure V List of further representers

Enclosure VI Further representations F1 to F41

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Transcript of TPB Paper No. 10316