Developers say height restrictions do not necessarily improve district environment

Property developers are taking the Town Planning Board to court in the hope of easing the building restrictions placed on their development plans in high-density areas.

Hysan Development Limited, in a recently filed writ to the High Court, seeks a judicial review of the height restriction on its commercial and retail developments in the busy commercial district of Causeway Bay.

On Tuesday, Real Estate Developers' Association of Hong Kong, which represents the largest developers in the city, applied for a judicial review, challenging the meeting and decision-making procedures of the Town Planning Board as unfair.

It also asked the court to order the Town Planning Board to reconsider the draft outline zoning plans that it previously revised.

Gerry Yim, chief executive officer of Hysan Development Limited, said on Thursday that the company concurs with the need for town planning, and what they do is not intended to negate the board's decisions.

The company expressed hopes that the board can leave a little room for the landlords or developers to go ahead with property developments suitable for that district while implementing the town planning regulations.

Since the company has been building properties in Causeway Bay for many years, it understands the demand for commercial and retail developments in the area. If the developments are subject to height restrictions, the buildings will become "short, fat buildings" instead of "tall, thin buildings" under the fixed plot ratio, but that may not bring positive influence to the environment, he said.

Yim said he hopes the judicial review will bring about a win-win situation of common ground between the government and property developers.

Separately, the Real Estate Developers Association of Hong Kong complains against the decision procedure involving four draft outline zoning plans in Mong Kok, Yau Ma Tei, Kowloon Bay and Wan Chai by the Town Planning Board in April and May this year.

It is seeking a judicial review of the board's decisions, hoping the court will order the board to reconsider the outline zoning plans with special reference to height restrictions.

The board's meeting and decision procedures are "unfair" to stakeholders, including developers, NGOs and small landlords, said the writ.

During the planning stage, the views of the stakeholders are not fully and genuinely heard, the writ said.

Stuart Leung, chairman of the association's executive committee, said on Thursday that they do not just speak for property developers. Since they do not get fair treatment from the Town Planning Board, they use the judicial review as a way to negotiate with the government.

"The height restriction has always been there but we can do little," Leung said. "Many developers and small landlords are against it. After talking to our lawyer, we think it is necessary to begin discussion with the government."

joseph@chinadailyhk.com

China Daily

(HK Edition 07/29/2011 page1)