Practice Note for Professional Persons No. 3/2005

Status of Service Apartment Use in Approved Planning Applications

1. On 23.6.2000, the Town Planning Board (TPB) agreed to delete the term 'Service Apartment' (SA) from the Notes of all statutory outline zoning plans (OZPs). The TPB Guidelines for Interim Planning Control on SA (TPB PG-No. 2B) was therefore promulgated to supersede the TPB Guidelines for Development of SA (TPB PG-No. 2A). This Practice Note should be read with the latest TPB Guidelines No. 2B.

   Status of Approved SA Scheme and the Provision for Amendments

2. While TPB PG-No. 2B has superseded the previous TPB Guidelines for Development of SA (TPB PG-No. 2A) promulgated on 23.9.1999, allowance has been provided for planning applications for SA development approved prior to the promulgation of the TPB Guidelines No. 2B. Such applications could proceed on the basis of the approved schemes. Further amendments to the approved scheme which are in line with the planning considerations set out in the previous TPB PG-No. 2A could be processed on the basis of the previous OZP which governed the grant of the original planning permissions.
3. For amendments to previous approved planning applications for SA development, the following arrangements will apply:

   Case 1: SA scheme approved before the promulgation of the TPB Guidelines No. 2A in September 1999

   Minor amendments to the approved SA development would be processed in accordance with the provision of TPB Guidelines for Class A and Class B Amendments to Approved Development Proposals (TPB PG-No. 36). In case of doubt, application for such amendments could be submitted to the TPB for determination.

   Case 2: SA scheme approved in accordance with the requirements of the TPB Guidelines No. 2A

   Amendments to the approved SA development which are in line with the planning considerations set out in the TPB Guidelines No. 2A would be considered as minor amendments. Such amendments would be processed in accordance with the provisions of Class A and Class B amendments under section 16A of the Town Planning Ordinance. For details, reference can be made to TPB Guidelines No. 36.

   Case 3: SA included as part of a Comprehensive Development Area Scheme (CDA)

   Amendments to the approved Master Layout Plan of a CDA scheme with a SA development element would be processed by the TPB under the provisions of the Town Planning Ordinance. Minor amendments to the approved SA element in the development scheme would be processed in the like manner as in Cases 1 and 2.

    

       Interpretation of SA in New Development

1. The reason to delete the term SA from the Notes of OZPs is to prevent the development of conventional residential flats in the name of SA in inappropriate areas, e.g. areas subject to environmental constraints and areas without adequate provision of supporting community facilities. However, it must be stressed that the TPB does recognise the existence of SA in the market. In line with the TPB's original definition of 'hotel-like' SA, new SA developments developed as part of and/or operated within a hotel establishment will be considered as 'Hotel' and are permitted as of right in the "Commercial" zone. All other SA developments, including those conventional residential flats with central services provided as a marketing tool, will be regarded as a kind of residential development and subject to the provision for 'Flat' use under the Notes of the relevant statutory plan. In the latter case, they are permitted as of right in the "Residential" zones and may be permitted upon application to the TPB in other zones as specified in the relevant statutory plan.
2. In determining the plot ratio/gross floor area for a development for complying with such restriction, if any, on the OZP, 'Hotel' is regarded as a non-domestic use and 'Flat' as a domestic use.
3. This Practice Note supersedes PlanD Practice Note for Professional Persons No. 1/2001.

(B.C.K. FUNG)
Director of Planning
Planning Department
Date : 30 August 2005