Assistance to Brownfield Operators Displaced by the Government’s Resumption and Clearance Exercises for Public Projects

Introduction

The Government has been developing land to meet the housing and other needs of the community. When resumption and clearance of land are required for public projects, the Government will provide monetary compensation for the affected eligible parties in accordance with the applicable legislation or policies.

 

Brownfield operators¹ are among the parties that would be affected by Government’s resumption and clearance exercises. Besides providing monetary compensation, we also provide facilitation to brownfield operators who have identified their relocation sites, on the understanding that some operators aspire to relocate for continuing their businesses. Operators are suggested to take the following steps -
 

Note

1. In general, brownfield operations refer to those industrial, storage, logistics and parking uses on the sites converted from agricultural land in the New Territories.

 

Check whether the operation is permitted in the relocation site identified

To relocate the business operation, such operation needs to be in conformity with the planned use of the site concerned. Depending on the type and nature of operation and the land use zoning designated under statutory plan prepared by the Town Planning Board (TPB) (including Outline Zoning Plan (OZP) or Development Permission Area (DPA) Plan) for the concerned site, a brownfield operation may be:

 

(a) always permitted without the need to seek planning permission from TPB;

(b) approved by TPB upon planning application;

(c) approved by TPB upon planning application for a temporary period of not more than 3 years or

(d) not permitted.

 

To ascertain whether application for approval is required for the relocation of business operation to a specific site, operators may check the land use zoning of the site through:

• TPB’s website

  or

• make an enquiry to Planning Department (PlanD) via the following ways:

 

If planning permission is not required for using the specific site for the business operation concerned (i.e. scenario (a) above) or planning permission has been obtained –

For sites which do not require planning permission or have already obtained planning permission, operators are suggested to approach the Lands Department (LandsD) to (a) check whether the proposed use is permitted under land lease and, if not, the operator concerned will have to apply for short term waiver; and (b) check whether the site involves any Government land and, if so, the operator concerned will have to apply for short term tenancy to use the site concerned.

 

If planning permission is required for using the specific site for the business operation concerned (i.e. scenarios (b) and (c) above) – Apply for planning permission

After checking the relevant land use zoning of a specific site, if planning permission is required to enable the business operation concerned, operators would need to submit an application to the TPB.

• For the procedures and detailed requirements for making planning applications, please refer to TPB’s website and Guidance Notes
• TPB has also promulgated a set of Guidelines on ‘Application for Open Storage and Port Back-up Uses under Section 16 of the Town Planning Ordinance’ (TPB PG-No. 13G) to set out the criteria in assessing planning applications for such uses. Under the Guidelines, four categories of areas regarding their suitability for open storage/port back-up (OS/PBU) uses are identified as follows:
  • Category 1: suitable for OS/PBU uses, which are either always permitted under OZP or DPA Plan or, if planning permission is required, will normally be favourably considered, subject to no major adverse departmental comments and local objections.
  • Category 2: subject to no adverse departmental comments and local objections, planning permission for OS/PBU uses could be granted on a temporary basis up to a maximum period of 3 years.
  • Category 3: areas outside those under Categories 1, 2 and 4. Applications for OS/PBU uses would normally not be favourably considered unless the applications are on sites with previous planning approvals.
  • Category 4: applications for OS/PBU uses would normally be rejected except under exceptional circumstances.
  The distribution of the above categories of areas and other details of the Guidelines (including a set of Guidance Notes for Application for Permission for Temporary OS/PBU Uses) are available at TPB’s website.
• For any enquiry concerning the submission of planning application, please contact PlanD through the ways stated above.