Common Unauthorized Developments

Extension of Use

Question:
I have been using the land for storage for over 30 years. As more space is required, I have purchased the adjacent land for extending the storage use. Why do I receive an Enforcement Notice for the extended part?

• If the storage use falls within a DPA and it existed before the first gazettal of the relevant IDPA (if any) or DPA Plan, it is an “existing use” and does not constitute an unauthorized development under the Ordinance.
• If the storage use falls within a RA and it existed before the material date (i.e. 9 December 2022), it is a “pre-material-date use” and does not constitute an unauthorized development under the Ordinance.
• However, any subsequent intensification of use or new development (i.e. the extended part for storage use), unless it is a permitted use under the statutory plan, otherwise planning permission from the Town Planning Board should be obtained prior to the extension or it will constitute an unauthorized development subject to enforcement by the Authority.

Pond Filling

Question:
Can I fill up the pond in order to prevent mosquito breeding?

• Pond filling is subject to planning control in some land use zones (including “Agriculture”, “Green Belt” and conservation zones). If your land falls within the aforesaid zones , pond filling requires prior planning permission from the Town Planning Board. Otherwise, it will constitute an unauthorized development subject to enforcement by the Authority.

Land Filling for Agricultural Use

Question:
Can I fill up the land for agricultural use? Does it require planning permission?

• If your land is zoned “Agriculture” on the statutory plan, filling of land requires planning permission from the Town Planning Board should the filling materials are not suitable for cultivation (such as gravels, asphalt and cement, etc.), or agricultural soil but over 1.2 metres in thickness.
• If your land is in “Green Belt” zone or conservation zones, any filling of land, even for a permitted use requires planning permission from the Town Planning Board.
• Unauthorized land filling is subject to enforcement by the Authority. In addition to an Enforcement Notice / Stop Notice, the Authority may further serve a Reinstatement Notice to the land owner, occupier or person responsible requiring for restoring the site condition.

Depositing of Construction Waste/Land Filling with acknowledgement from the Environmental Protection Department

Question:
I have obtained the “Acknowledgement on Owners’ Permission of the Depositing of Construction Waste on a Private Lot” under the Waste Disposal Ordinance (Cap. 354) from the Environmental Protection Department. So can I fill the land with construction waste?

• Even the depositing of construction waste/land filling activity complies with the Waste Disposal Ordinance under the purview of the Environmental Protection Department, it does not mean such activity complies with the Town Planning Ordinance.
• Planning permission from the Town Planning Board is still required prior to filling of land or pond, should your land or pond falls within a zone which land filling and/or pond filling is subject to planning control (including “Agriculture”, “Green Belt” or conservation zones). Otherwise, such activity will constitute an unauthorized development subject to enforcement by the Authority.
• A recent unauthorized land filling case is quoted for reference:

  The relevant parties had obtained an “Acknowledgement on Owners’ Permission of the Depositing of Construction Waste on a Private Lot” from the Environmental Protection Department and filled the land. However, no planning permission from the Town Planning Board was granted for such land filling activity. The land filling activity was an unauthorized development under the Town Planning Ordinance. Since the relevant parties did not comply with the Notices issued by the Authority, they were prosecuted in 2022/23 and fined about $1,200,000 in total.