What do we enforce?
We enforce against "Unauthorized Development" under the Ordinance.
Development includes:
- Operation (e.g. pond filling, land excavation and laying of fill materials / asphalt / cement, etc.); and
- Material change in the use of land (e.g. using agricultural land for storage / warehouse, parking and workshop uses, etc.).
Development within a Development Permission Area (DPA) or Regulated Area (RA) is unauthorized unless:
- it is permitted under the statutory plan;
- it is covered by a valid planning permission granted by the Town Planning Board;
- it falls within a DPA and it existed before the first gazettal of the statutory plans covering the Interim Development Permission Area (IDPA) (if any) or DPA, i.e. the “existing use” under the Ordinance; or
- it falls within a RA and it existed before the material date (i.e. 9 December 2022), i.e. the “pre-material-date use” under the Ordinance.
Check before Development
- To find out whether the land is within a DPA or RA and whether the development is permitted or requires planning permission under the statutory plan, please refer to the Town Planning Board’s website:
https://www.tpb.gov.hk/en/list_of_plans/schedule_plan.html - To apply for planning permission under section 16 of the Ordinance, please refer to the Guidance Notes at the Town Planning Board’s website:
https://www.tpb.gov.hk/en/forms/Guidance_Notes/S16_GN_ENG_Feb_2022.pdf
Q&A
Permitted Use
Question:
How do I know whether a development is permitted under the statutory plan?
Please check the Notes of the statutory plan, i.e. Outline Zoning Plan or DPA Plan covering your land.
The Notes of the statutory plan set out:
- the permitted uses in the Covering Notes and Column 1 of the Schedule of Uses for each zone; and
- the uses which require permission from the Town Planning Board in the Covering Notes and Column 2 of the Schedule of Uses as well as the development under the “Remarks” of the Notes for each zone.
If the proposed use does not fall within the uses listed under the Covering Notes or Column 1 or Column 2 of the Schedule of Uses, or planning application can be made to the Town Planning Board for temporary permission up to a maximum period of 3 years.
Validity of Planning Permission
Question:
When does a planning permission become invalid?
- Planning permission granted on a temporary basis will be invalid upon expiry of the effective period unless a new planning permission is obtained.
- Town Planning Board may grant planning permission with conditions and the applicant should comply with the conditions within the specified time limit. If these conditions have not been complied with, the planning permission will be revoked with immediate effect without further notice.
- Continuing the development after expiry or revocation of the planning permission will constitute an unauthorized development.
