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FIVEANDINTRODUCTIONBroadly speaking, there are two categories of development. First, anything in the nature of construction operationwhich involves the erection and alteration of buildings, and engineering works on, above or under ground.Second, any material change in the use of existing buildings or land, which may or may not involve constructionoperation.The Government has always given the maximum freedom to private initiative. While detailed control of thedesign and use of building is considered inappropriate, certain degree of restrictive regulations and legislations areconsidered necessary:• to ensure that land is available for government projects and publicfacilities;• to encourage the separation of incompatible uses such as housing andheavy industry or obnoxious trades;• to control the building volume in order to limit the population to thatwhich can reasonably be provided in the area with road access, utilityservices and basic community facilities; and• to control the bulk of buildings allowing basic requirement of daylightpenetration and ventilation.Legislations and policies with implications on development control can be found in many ordinances andgovernment policy papers. In practice, development control is achieved by both statutory and non-statutorymeans, and quite a number of government departments/offices are involved to implement these developmentcontrol measures.DEVELOPMENT CONTROL IN A REGIONAL CONTEXTAbout 75% of the land in Hong Kong is hilly. However, these rugged areas are valuable assets to the people ofHong Kong in terms of their recreational and scenic potentials, as well as their vegetation and, to a lesser extent,wildlife habitation. They also function as the water catchment areas channelling rain water to reservoirs.In order to protect water from pollution, catchment areas has to be relatively free from development. Under theWaterworks Ordinance, a map of 'gathering grounds' was prepared and approved by the Governor to empowerthe Government to resume land and control development within the designated gathering grounds. Watercatchments of various types covered more than 30% of the total land area of the Territory (Diagram 5.1).The Country Parks Ordinance, which came into effect in early 1976, provides for the designation, control andmanagement of country parks, enabling them to be conserved for recreational purposes. Where the Director ofAgriculture and Fisheries considers that any use or proposed use of any leased land within a country park wouldsubstantially reduce the enjoyment and amenities of the country park as such, he may request the appropriateLand Authority to discontinue or modify the uses or prohibit the proceeding of the proposed use. There are now21 country parks throughout the Territory, covering about 40% of the land area (Diagram 5.2).These two ordinances have empowered the Government to exercise very restrictive development control in therural areas against urban sprawl and have practically 'frozen' them from development.STATUTORY CONTROLTown Planning OrdinanceThe Town Planning Ordinance, first enacted in 1939, provides for the appointment of a Town Planning Board andthe procedure to be adopted in preparing and approving statutory town plans. These plans, outline zoning plans,are prepared for existing and potential urban areas. They show areas zoned Tor Residential, Commercial,Industrial, Government, Institution and other purposes. Once a draft outline zoning plan is gazetted for publicinspection, it has statutory effect/Existing non-conforming uses are not affected by the plan; however, any newdevelopment—including building works and/or change of use—should conform with the zoning shown on the plan.The Ordinance provides no sanction nor penalities. The only 'teeth' are contained in Section 13 that reads:'Approved plans shall be used by all public officers and bodies as standards for guidance in the exercise of anypowers vested in them'. The exercise of development control mainly rests with the Crown lease conditions and theprovision of the Buildings Ordinance.Attached to and forming part of each draft or approved statutory plan is a Schedule of Notes which sets out,for each zoning shown on the plan, the following:• ' . • • • •:;-'' . • . ' • • • • . ' 2 2 • ' • , ' .-:.:. , • ' • • ' • •