1 - HKU Libraries - The University of Hong Kong

under S. 16 (1) (g) of the BO to restrict redevelopmentswith access problems. Both cases will be discussed ingreater details in the following paragraphs.Redevelopment Proposals at Nos. 11-13 and 15-17 SandsStreet, Kennedy Town4.28 In late 1992, the BA rejected the redevelopmentproposals at the sites at Nos. 11-13 and 15-17 SandsStreet, Kennedy Town respectively. The proposals werefor a 17 storey residential building and a 12 storeyresidential building respectively. In both cases,Section 16 (1) (g) of the BO was invoked to reject theproposals because the BA wasu of the opinion that thecarrying out of the relevant works would result in abuilding differing in height from the building previouslyexisting on the same site". The lack of vehicular accessin Sands Street was a relevant consideration in theexercise of the BA 7 s discretion in both cases. This wasdirectly linked to the fire safety of the proposedbuildings when occupied.4.29 The sites in question were located on a steppedstreet (being Sands Street) to which there was novehicular access. Sands Street is sloped from Rock HillStreet to the north upwards to just below AcademicTerrace on Pokfield Road. There were a number ofbuildings on Sands Street varying in height from a fewstoreys to 25 storeys. If these two proposals (i.e. 17storey and 12 storey buildings) were approved by the BA,these two buildings would not be the tallest on thatstreet. (Four sets of drawings showing the developmentsin the Sands Street neighbourhood and some photographs onthis Street are in Annex XXXII(a)-(g) .) Beingdissatisfied with the BA's decision, the developersconcerned appealed to the Appeal Tribunal fordetermination respectively. The hearings for the twoappeal cases were held in June and March 1993respectively.4.30 For analysis purposes, it is useful to set outthe background'of the two cases as follows -(a)No. 11-13 Sands StreetThe former building of the site was a 6storey building. The developer submitted- 40 -