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Public and private housing is seen at Kwai Tsing District in October 2017. Large areas of open space and land for community facilities have been rezoned for housing and commercial development in Hong Kong, adversely affecting residents’ quality of life. Photo: Martin Chan
Opinion
Ian Brownlee
Ian Brownlee

Cutting the public out of Hong Kong’s town planning won’t make it more efficient

  • The problem is the bureaucratic process. The latest Legco proposals to change land laws and cut public involvement are largely unnecessary, undesirable and will save little time

When the Hong Kong government says it is going to review processes to streamline the city’s development, it creates an anticipation that something may actually be done to make things easier and quicker.

A review definitely needs to be done, as the bureaucracy is getting unnecessarily complex and the outcomes it delivers are not that great. The slowness in delivering flats to address people’s housing needs is the big driver.
On March 22, proposals were presented to the Legislative Council’s panel on development, and what a disappointment. While there are a few good points relating to the removal of duplication across existing laws and the simplification of some procedures, the proposals are really wide of achieving greater efficiency.

One point which does come through is that the main reason for inefficiency is the way the government administers the laws rather than the laws themselves. It is also clear that the focus of the review is not on how and what civil servants do, but more on things that annoy them by having to deal with the public.

There is no vision of what would make a better and more efficient system, and many important things are not considered.

The administration is dominated by a philosophy of control rather than facilitation. The unnecessarily complex bureaucratic processes, the disjointed operation of departments, and bureaus that do not talk to each other, reflect this.

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For example, the paper presented to Legco stated that it typically takes six years to make a site “spade ready” for housing development. One huge waste of time is the planning study process of three to four years that the government undertakes before the statutory process begins.

These studies are laborious and largely straitjacketed by bureaucratic processes. A simplified study process, structured along the lines of those undertaken by the private sector, could be completed in 12-18 months, with outcomes at least as good, if not better.

In comparison, the statutory planning rezoning process only takes around one year. Yet the focus of the proposed changes is to reduce public involvement, rather than on the hugely delaying study process where years could be saved.

It is proposed to reduce public engagement in the planning process, removing two important rounds of public consultation and hearings, and replacing them with one round.

Also, only selected people would be allowed to attend, and only if invited to the hearing, which introduces a whole range of issues about who should be selected and how. This would ruin an open public engagement process and deprive Town Planning Board members of a variety of views from affected and interested people.

Hong Kong must cut red tape and start churning out public housing

The Town Planning Ordinance includes tremendous scope to reduce the time involved through good administration and without changing the ordinance itself. The Town Planning Board can prepare subsidiary “laws” in the form of statutory plans.

There are also guidelines and practice notes issued by the Town Planning Board which set out procedures. There are forms and stipulated information that need to be provided. The Town Planning Board has a wide scope to set procedures, hearings and meetings in the way it deems suitable.

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None of these were part of this review, but they should be. These could all be more positive and less bureaucratic in the way they operate. Without changing the laws but by improving administration, years could be removed from the planning process.

The public objects to the government’s proposals when they are seen as “bad planning”, that is, they would reduce the quality of people’s living environment, or they fail to respect land ownership rights.

Large areas of open space and land for community facilities have been rezoned for housing and commercial development, adversely affecting residents’ quality of life.

Hong Kong’s environment is part of its advantage, not a thing to be paved over

Through presentations at hearings, the public has sometimes been able to convince the Town Planning Board members to change the proposals, so that a better quality of urban development is achieved. The independent attitude of the Town Planning Board members and the public hearings are important in keeping the government accountable.

If efficiency is the real focus, then the way things are administered needs to be addressed first. The proposed legislative changes are largely unnecessary, undesirable and will save little time. It is hoped that Legco will engage with the public in identifying other areas for improvement, and there are many, before making any decision on these proposals.

Ian Brownlee is managing director of Masterplan Limited, a planning and development consultancy

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