Introduction
There are two types of statutory plans, namely the Outline Zoning Plans (OZPs) and Development Permission Area plans (DPA Plans), prepared and published by the Town Planning Board (the Board) under the Town Planning Ordinance (TPO). In addition, the Board will also consider Development Scheme Plans (DSP Plans) prepared by the Urban Renewal Authority (URA) under the URA Ordinance. The Secretary for Development is also empowered under the TPO to designate by gazette any area covered by OZPs but never been covered by DPA plans before as Regulated Area (RA). These statutory plans are available for sale at the Lands Department's Survey and Mapping Office (Map Publications Centres) and for public inspection at the Planning Enquiry Counters of the Planning Department.
Outline Zoning Plans
A draft OZP prepared under sections 3(1)(a) and 4(1) of the Town Planning Ordinance consists of three components, namely, the outline zoning plan, the notes attached to the plan and an explanatory statement for the plan.
The OZPs show the proposed land-uses and major road systems of individual planning scheme areas. Areas covered by such plans are zoned for such uses as residential, commercial, industrial, open space, Government, institution or community uses, green belt, conservation areas, comprehensive development areas, village type development, open storage or other specified purposes. Attached to each OZP is a set of Notes and Explanatory Statement. The Notes sets out the uses which are always permitted (Column 1 uses) in a particular zone and other uses for which the the Board's permission must be sought (Column 2 uses). The explanatory statement does not form part of the OZP but it is an important component of the OZP since it reflects the planning intentions and objectives of the various land-use zonings on the plan.
Development Permission Area Plans
DPA Plans have been prepared since the enactment of the Town Planning (Amendment) Ordinance 1991 mainly for the non-urban area. The purpose of DPA Plans is to provide interim planning control and development guidance for selected areas pending the preparation of OZPs. Any development which is not permitted in terms of the Plan and without the necessary planning permission constitutes an unauthorized development and is subject to enforcement and prosecution by the Planning Authority.
DPA Plans also indicate land-use zones and are accompanied by a set of Notes which specify the uses that are always permitted and those require the permission of the Board, and an Explanatory Statement setting out the background, the planning principles and intentions of the Board for the various land-use designations. Being interim in nature, DPA Plans are effective for a period of three years from the date of first publication unless the effective period is extended by the Chief Executive. The Board needs to prepare an OZP to replace a gazetted DPA Plan before its expiry. The provisions for enforcement will however continue to be applicable in the areas after the DPA Plans are replaced by OZPs.
Urban Renewal Authority Development Scheme Plans
URA DSPs considered by the Board under section 25(6) of the URA Ordinance as suitable for publication under the TPO are deemed to be draft plans prepared by the Board. Accompanying each Development Scheme Plan is a Land-Use Diagram and a set of Notes. A Land-Use Diagram indicates broadly the types of planned uses; the Notes set out on the permitted uses and the requirements for submitting a master layout plan to the Board.
Regulated Area Plans
Since the enactment of the TPO as amended in 2023, the Secretary for Development may by notice publish in the Gazette under section 21A(3) of the TPO, designate an area being covered by an OZP but had never been covered by DPA plans as a Regulated Area (RA) except to an area which is within Hong Kong Island, Kowloon, or the New Kowloon. The boundary of a RA is shown on the RA plan. Designation of a RA does not change per se the substances or zonings of the OZP currently in force, and thus the RA plan should be read in conjunction with the respective OZP(s) covering the RA. Similar to the areas previously designated as DPA, where land is within a RA, any development which is not permitted in terms of its respective OZP and without the necessary planning permission constitutes an unauthorized development and is subject to enforcement and prosecution by the Planning Authority.