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General Criteria for Consideration of Lease Modification (including In-situ Land Exchange) Applications in the Hung Shui Kiu New Development Area

General Planning Criteria

1. Location – confined to sites planned for private development in the adopted Hung Shui Kiu and Ha Tsuen Outline Development Plan (ODP).
2. Confinement within the planned private development site for specific uses – only private lots lying within a planned private residential, mixed residential and commercial, or commercial development site in the ODP will be considered. Surrender of lots within the following sites in the ODP will not be accepted –
(a) earmarked for “Other Specified Uses” (“OU”) annotated “Enterprise and Technology Park”, “Logistics Facility”, or “Port Back-up, Storage and Workshop Uses” in the ODP which is subject to further study on the implementation mechanism;
(b) earmarked for “Industrial” use in the ODP, of which the sites will be disposed through open tender to provide an opportunity for existing industrial operators to bid the sites;
(c) planned for public use such as road, Government, Institution or Community use, public facility within “OU” zones in the ODP, open space, public/subsidised housing, local rehousing, etc.;
(d) earmarked for “OU” annotated “Commercial & Residential Development with Light Rail Facilities” in the ODP as piece-meal development of the private land within the site may severely constrain the development of the portion currently occupied by the Light Rail facilities;
(e) earmarked for “Residential – Zone 4” use intended for village resite or “Village Type Development” in the ODP; and
(f) designated as “Green Belt” or “Amenity” in the ODP.
3. Size – the proposed site to be surrendered (i.e. the Surrender Site) should have an area meeting the following criteria –
(a)  for site earmarked for “Commercial”, “OU” annotated “Commercial & Residential”, or “OU” annotated “Commercial cum Public Transport Interchange and Public Carpark” in the ODP – not less than the total area of the private land within the corresponding development site designated in the ODP, excluding land subject to minor adjustments of the development site boundary that will not adversely affect the development layout of the site concerned. The planning intention is to pursue a single development for each of these development sites designated in the ODP. Thus the re-grant site (i.e. the site to be re-granted in exchange of the surrendered sites if approved) shall conform to the site boundary of the corresponding development site as shown in the ODP, subject to minor adjustment of the development site boundary that would not adversely affect the development layout of the site concerned. For avoidance of doubt, this does not imply any intention or obligation on the part of the Government to make available government land adjoining or intervening the private land within the development site to enable the re-grant site to conform to the development site layout as shown in the ODP (see paragraph 12 below); and
(b) for other – not less than 4000 square metres (which is a reasonable size to achieve a decent residential development with supporting facilities).
4. Ownership – all private lots contained within the Surrender Site should be under the ownership of a single owner or joint venture owners as the applicant.
5. Configuration – the application site should be reasonably regular in shape with no intervening private lots not owned by the applicant. Lots to be surrendered comprising the Surrender Site should be contiguous and fragmented lots will not be accepted.
6. Access – the provision of proper vehicular access to the application site is feasible.
7. Compliance with Outline Zoning Plan – proposed use and development parameters of the application site should comply with the relevant prevalent Outline Zoning Plan.
8.

No adverse implications – the proposed development at the application site should not cause insurmountable problems to the planning, layout and urban design of the surrounding area, and will not jeopardize or hamper the development potential or vehicular access of adjacent lands under different ownerships. For application not including all private land within the corresponding development site shown in the ODP¹ , submission of layout plan is required to demonstrate the feasibility of decent and practical development(s) fully utilising the land of the concerned development site as shown in the ODP, without resulting in any loss of the development potential as planned under the ODP.

 

Land Administration Criteria (The approval of applications for modification of lease including in-situ land exchange is subject to the fulfillment of these requirements.)

 

 

9. Unification, proof of land titles and vacant possession – application may be submitted by a single owner or joint venture with unified land title. Lots to be surrendered should be subject to vacant possession by a specified deadline and free from encumbrances before execution of the lease modification/land exchange if the application is approved.
10. Comparable compensation package – the landowner(s) as the applicant should offer a compensation package to the occupants [those occupants who are existing on the land at the time of announcement of the criteria for lease modification (including in-situ land exchange) applications within the Hung Shui Kiu New Development Area (i.e. 13 April 2017) or thereafter]. The compensation package offered by the landowner should be comparable to the prevailing monetary ex-gratia compensation (excluding rehousing entitlement) that would have been offered by the Government to eligible occupants had the private land been resumed by the Government under the Hung Shui Kiu New Development Area development. Compensation to occupants paid by the applicant in securing vacant possession is not a premium-deductible item. The offer and acceptance of such a comparable compensation package is a matter between the landowner and the occupants. The Government would deem the case as settled if the landowner is able to deliver vacant possession with documentary evidence indicating that this requirement for comparable compensation package has been met.
11. Time limit – the lease modification/land exchange application (if approved) has to be concluded within a specified time period and in any event earlier than the government land resumption programme. In case there are any disputes between the occupants on site and the applicant, Lands Department may suspend the processing of the application until the disputes have been satisfactorily resolved. However, the specified time period will remain unless it is extended by the Government.
12. Government land – the re-grant site for a lease modification/land exchange application may include adjoining or intervening government land which is incapable of reasonable separate alienation or development. For avoidance of doubts, Government would not normally make available government land adjoining or intervening the private land within the development site to enable the re-grant site to conform to the development site layout as shown in the ODP if the government land is capable of reasonable separate alienation or development.
13. Compliance with other general lease modification/land exchange application criteria and requirements (as may be revised) promulgated by the Lands Department from time to time.

Footnote
1.
The planned development sites would be subject to adjustment during the detailed design of the project.