Following is a question by Dr Hon Kenneth Chan Ka-lok and a written reply by the Secretary for Development, Mr Paul Chan, in the Legislative Council today (October 30):
Question:
In reply to a question raised by a Member of this Council on October 16, 2013, the Government pointed out that, at present, the total area of land zoned "Village Type Development" on statutory plans was 33 square kilometres (being approximately 3 per cent of the total land area of Hong Kong), which could be used for low-density residential development, including New Territories small houses. Under the existing policy, each male indigenous villager of the existing 642 recognized villages may apply, once in a lifetime, to the authority for permission to erect for himself during his lifetime a small house within his own village. In this connection, will the Government inform this Council:
(a) given that in reply to a question raised by a Member of this Council on February 6, 2013, the Government indicated that the Planning Department, when drawing up Village Type Development zones on statutory plans, took into consideration the estimate of the demand for small houses in the coming ten years and other factors, but it also indicated at the same time that the Government had not grasped the future demand for small houses by eligible indigenous villagers for each of the recognized villages, of the criteria adopted by the Government under such circumstances for determining the land needed to be reserved for meeting future demand for building small houses;
(b) given that the Lands Department received fewer than 17 000 applications for building small houses in the past ten years, whether it has assessed the area of the lands involved in these applications;
(c) whether it has assessed the number of small houses that can be built on the sites for Village Type Development where currently no small houses have been built; if it has, of the details; if not, the justifications for the Government to reserve about 932 hectares of land for Village Type Development;
(d) whether the Government will reconsider releasing some of the Village Type Development sites for other residential development uses; if it will, of the total area of the lands expected to be released; if not, the reasons for that;
(e) given that, at present, quite a number of indigenous villagers of the recognized villages have already owned alternative accommodation in Hong Kong or have emigrated overseas, whether the Government has adjusted its estimate of the land demand for building small houses by indigenous villagers of the various recognized villages; if it has not, of the reasons for that; and
(f) as quite a number of small houses are not occupied by indigenous villagers or their offspring at present, which is a deviation from the original policy intent, whether the Government will consider immediately launching a review of the Small House Policy; if it will, of the details; if not, the reasons for that?
Reply:
President,
The Small House Policy (the Policy) has been implemented since 1972. Under the Policy, a male indigenous villager at least 18 years old who is descended through the male line from a resident in 1898 of a recognised village in the New Territories may apply to the authority once during his lifetime for permission to erect for himself a small house on a suitable site within his own village. There are in total 642 recognised villages approved in the territory.
In general, land for building small houses is confined to areas within Village Environs (VE). As a general rule, VE refers to a 300-feet radius from the edge of the last village type house built before the introduction of the Policy on December 1, 1972. Applications for building small houses within this area by eligible indigenous villagers may be considered.
Consideration may also be given to an application if the site concerned lies outside a VE but is located within a Village Type Development ("V") zone in the relevant statutory plan (i.e. Development Permission Area plan or Outline Zoning Plan), provided that the "V" zone concerned surrounds or overlaps with the VE. As regards sites within a VE but outside a "V" zone, depending on the specific requirements of the land use zone on which the small house site lies, the applicant may apply for planning permission from the Town Planning Board (TPB) and the small house application may also be considered if a planning permission is granted.
Nonetheless, applications in relation to sites located within neither a VE nor a "V" zone will generally not be considered. In addition, applications for small house development within "V" zones that do not overlap with VEs at all will generally not be considered either.
Under the existing statutory plans, the planning intention of the "V" zone is in general mainly to reflect existing villages and for small house development by indigenous villagers within recognised villages. The approximately 33 square kilometres of land under "V" zone mentioned in the question refers to the area of "V" zone under the existing statutory plans as provided in the reply by the Administration to the question on "sites in Hong Kong available for development" in the Legislative Council on October 16, 2013. As indicated in the preceding two paragraphs that applications for small house development may or may not be considered under different scenarios, such area is not equivalent to area available for small house development. Furthermore, existing villages and basic facilities are included in the area.
The 932 hectares of land under "V" zone also mentioned in the question refers to the areas of unleased or unallocated government land under the respective zone by end of June 2012, as provided in the reply by the Administration to the question on "vacant government land" in the Legislative Council on October 17, 2012. The statistical figures, calculation method and map showing the geographical distribution of the land concerned have been uploaded onto the website of the Development Bureau. The relevant land is not equivalent to land area available or reserved for small house development. For example, there are still a number of land areas with irregular shapes, or passage or space between existing small houses, the width or area of which is not suitable for building small houses.
My reply to the various parts of the question is as follows:
(a), (b) and (c) When drawing up "V" zones on statutory plans, the Planning Department (PlanD) takes into consideration the existing villages, the VE, the estimate of demand for small houses in the recognised villages in the future ten years and the surrounding environment, etc., as well as other site-specific planning factors such as locality, topography and environmental constraints. For instance, areas of difficult terrain, dense vegetation, areas of ecological significance, stream courses and burial grounds are not included into the "V" zones. When drawing up the relevant Outline Zoning Plans, PlanD would consult relevant departments including the Home Affairs Department and Lands Department (LandsD).
On future demand for small houses, the Administration does not get hold of the demand for small houses from all eligible indigenous villagers in the future for each of these 600-plus recognised villages, and did not make an aggregate assessment of such demand. Relevant Village Representatives would be consulted via LandsD when required by PlanD for drawing up "V" zones on a particular statutory plan or when the TPB considers planning applications for small house development. The information received would merely be one of the factors taken into account by the TPB in considering cases.
Despite the Administration's difficulty in verifying the demand for small houses in the future ten years, the current policy enforcement is focusing on supply management. The demand for small houses is not the only factor of consideration when the Administration draws up "V" zones in the statutory plans and when the TPB considers planning applications in the "V" zones.
As a fair share of small houses are built on land under private ownership the size of which is not standardised, LandsD does not have readily available information showing the total land area involved in all small house applications. Moreover, as aforementioned, the 932 hectares of "V" zoned land is not equivalent to the land area available for small house development; not all of the land in VEs or "V" zones is suitable for building small houses. The topography, the geographical situation, the size and distribution of individual lots, etc. would also directly affect the use of land. Therefore, we are unable to assess the number of small houses that could be built on the land currently available for small house development.
(d) As aforementioned, the planning intention of the "V" zone is mainly to reflect existing villages and for small house development by indigenous villagers within recognised villages. The purpose of setting up the "V" zone is also to concentrate village type developments for more orderly development.
The planning intention of the "V" zone is for the Policy in terms of building small houses. Furthermore, such zones scatter across the territory, and are generally not suitable for large-scale development because of the sporadic locations and infrastructural constraints. Similar to other rural land, even if the relatively larger sites with a relatively higher development potential in the "V" zones are to be developed, we need to carry out comprehensive planning and engineering studies to ascertain the development feasibility, infrastructures and ancillary facilities before the development. Merely turning part of the land in a particular "V" zone to residential development with a relatively higher density is inappropriate in respect of planning, infrastructure and ancillary facilities.
(e) In general, LandsD would not consider a small house application if the eligible indigenous villager residing overseas applies for permission to erect a small house on government land by means of a Private Treaty Grant is unable to prove his intention of returning to Hong Kong and residing in the village.
As aforementioned, the Administration does not get hold of the demand for small houses from eligible indigenous villagers for each of these 600-plus recognised villages, and therefore we have no means to make an aggregate assessment or a categorical estimate for indigenous villagers residing overseas. Moreover, LandsD is unable to compile statistics on or estimate the existing number of eligible indigenous villagers that are 18 years or above in each recognised village. It is because the number changes with the birth, growth and passing away of indigenous villagers. Besides, whether or not an indigenous villager would apply for a small house grant is dependent on his own circumstances and wishes, and not all eligible indigenous villagers aged 18 years or above will submit an application.
(f) The Administration's position with regard to the Policy has been made clear on a number of public occasions in the past. There have been significant changes to the rural setting as well as the community as a whole since the implementation of the Policy. The Administration recognises the need to review the Policy in the context of land use planning as well as optimal utilisation of land resources. Such review inevitably involves complicated issues in various aspects including legal, environmental, land use planning and demand on land, all of which require careful examination. The Administration has not come to a stance yet, and remains open to any suggestion with regard to the Policy. We will keep an open and vigilant mind in examining every suggestion, while maintaining dialogue with different walks of life.
Ends/Wednesday, October 30, 2013
Issued at HKT 15:36
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