The government is proposing to exempt Metro Harbour View, a new housing complex in Kowloon, from certain public-land-use requirements because it's not easily accessible to the public.

Of the 25 private developments in Hong Kong that are required under lease to provide public open space, 12 are located on podium levels. That includes Metro Harbour View.

The government proposal came from a Development Bureau spokesman who explained that unlike in other cases, the podium of Metro Harbour View cannot be separated from the residential blocks and thus creates security problems for the residents.

And with so much open space in the neighborhood, the spokesman said residents in the Yau Tsim Mong district may not object to waiving the area as public open space.

Addressing people's worries that the waiver will set a negative precedent for other private developments, the spokesman said that they have to handle the case with special consideration.

"We have to consider the interests of the residents," the spokesman said.

To prevent the implementation problems, the government advised the Town Planning Board (TPB) not to require the provision of public accessibility in private residential developments, the spokesman said.

From now on, the TPB will carefully consider the location and design of public facilities when considering future planning applications.

If the residents of Metro Harbour View agree with the waiver, the owners' incorporation has to apply to the Yau Tsim Mong District Council for approval.

If the go-ahead for the proposal is given, the residents would have to pay for an administrative fee and waiver fee for the podium.

A representative from the owners' committee said most owners want to waive the requirement, but he stressed they wouldn't pay a lot of money to buy the podium.

They want to waive the podium from lease requirements, for security issues, as residents have to pass by the podium whenever they leave the building, he said.

They have found some people smoking on the podium since it was opened to public earlier this year, he said.

Greg Wong Chak-yan, vice chairman of the TPB said the government's proposal could solve disputes or management issues over public open space.

The government and the residents can discuss the amount to be paid by the residents, he said.

Wong expressed concern that the case could set a negative precedent for other private residential buildings to follow suit.

(HK Edition 12/03/2008 page1)