Amendments Notes Schedule of Uses Explanatory Statement: Kowloon Planning Area No. 10

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KOWLOON PLANNING AREA NO.

10

DRAFT MA TAU KOK OUTLINE ZONING PLAN NO. S/K10/27

Amendments

Notes

Schedule of Uses

Explanatory Statement
SCHEDULE OF AMENDMENTS TO THE
APPROVED MA TAU KOK OUTLINE ZONING PLAN NO. S/K10/26
MADE BY THE TOWN PLANNING BOARD
UNDER THE TOWN PLANNING ORDINANCE (Chapter 131)

I. Amendments to Matters shown on the Plan

Item A – Rezoning of a site at 128 Carpenter Road from “Other Specified Uses”
annotated “Commercial Development with Public Vehicle Park”
(“OU(CDWPVP)”) to “Residential (Group A) 4” (“R(A)4”) with
stipulation of building height restriction.

Item B – Rezoning of a strip of land adjoining the southern boundary of the


“R(A)4” zone from “OU(CDWPVP)” to an area shown as ‘Road’.

II. Amendments to the Notes of the Plan

(a) Revision of ‘Public Vehicle Park (excluding container vehicle) (on land
designated “R(A)3” only)’ to ‘Public Vehicle Park (excluding container vehicle)
(on land designated “R(A)3” and “R(A)4” only)’ under Column 1 of the Notes
for the “R(A)” zone.

(b) Revision to the Notes for the “Residential (Group A)” (“R(A)”) zone to reflect
the planning intention of the “R(A)4” sub-zone.

(c) Revision to the Remarks of the Notes for the “R(A)” zone to incorporate
development restrictions and requirements for the “R(A)4” sub-zone.

(d) Deletion of the Notes for the “OU(CDWPVP)” zone.

Town Planning Board

21 May 2021
KOWLOON PLANNING AREA NO. 10

DRAFT MA TAU KOK OUTLINE ZONING PLAN NO. S/K10/27

(Being a Draft Plan for the Purposes of the Town Planning Ordinance)

NOTES

( N.B. These form part of the Plan )

(1) These Notes show the uses or developments on land falling within the boundaries
of the Plan which are always permitted and which may be permitted by the Town
Planning Board, with or without conditions, on application. Where permission from
the Town Planning Board for a use or development is required, the application for
such permission should be made in a prescribed form. The application shall be
addressed to the Secretary of the Town Planning Board, from whom the prescribed
application form may be obtained.

(2) Any use or development which is always permitted or may be permitted in


accordance with these Notes must also conform to any other relevant legislation,
the conditions of the Government lease concerned, and any other Government
requirements, as may be applicable.

(3) (a) No action is required to make the existing use of any land or building conform
to this Plan until there is a material change of use or the building is
redeveloped.

(b) Any material change of use or any other development (except minor alteration
and/or modification to the development of the land or building in respect of
the existing use which is always permitted) or redevelopment must be always
permitted in terms of the Plan or, if permission is required, in accordance with
the permission granted by the Town Planning Board.

(c) For the purposes of subparagraph (a) above, “existing use of any land or
building” means -

(i) before the publication in the Gazette of the notice of the first statutory
plan covering the land or building (hereafter referred as ‘the first plan’),

 a use in existence before the publication of the first plan which has
continued since it came into existence; or

 a use or a change of use approved under the Buildings Ordinance


which relates to an existing building; and

(ii) after the publication of the first plan,


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 a use permitted under a plan which was effected during the effective
period of that plan and has continued since it was effected; or

 a use or a change of use approved under the Buildings Ordinance


which relates to an existing building and permitted under a plan
prevailing at the time when the use or change of use was approved.

(4) Except as otherwise specified by the Town Planning Board, when a use or material
change of use is effected or a development or redevelopment is undertaken, as
always permitted in terms of the Plan or in accordance with a permission granted
by the Town Planning Board, all permissions granted by the Town Planning Board
in respect of the site of the use or material change of use or development or
redevelopment shall lapse.

(5) Road junctions, alignments of roads and railway tracks, and boundaries between
zones may be subject to minor adjustments as detailed planning proceeds.

(6) Temporary uses (expected to be 5 years or less) of any land or building are always
permitted as long as they comply with any other relevant legislation, the conditions
of the Government lease concerned, and any other Government requirements, and
there is no need for these to conform to the zoned use or these Notes. For
temporary uses expected to be over 5 years, the uses must conform to the zoned use
or these Notes.

(7) The following uses or developments are always permitted on land falling within the
boundaries of the Plan except where the uses or developments are specified in
Column 2 of the Notes of individual zones:

(a) provision, maintenance or repair of plant nursery, amenity planting, open


space, rain shelter, refreshment kiosk, road, bus/public light bus stop or lay-
by, cycle track, Mass Transit Railway station entrance, Mass Transit
Railway structure below ground level, taxi rank, nullah, public utility
pipeline, electricity mast, lamp pole, telephone booth, telecommunications
radio base station, automatic teller machine and shrine;

(b) geotechnical works, local public works, road works, sewerage works,
drainage works, environmental improvement works, marine related
facilities, waterworks (excluding works on service reservoir) and such other
public works co-ordinated or implemented by Government; and

(c) maintenance or repair of watercourse and grave.

(8) In any area shown as ‘Road’, all uses or developments except those specified in
paragraph (7) above and those specified below require permission from the Town
Planning Board:

on-street vehicle park and railway track.

(9) Unless otherwise specified, all building, engineering and other operations
incidental to and all uses directly related and ancillary to the permitted uses and
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developments within the same zone are always permitted and no separate
permission is required.

(10) In these Notes, “existing building” means a building, including a structure, which is
physically existing and is in compliance with any relevant legislation and the
conditions of the Government lease concerned.
KOWLOON PLANNING AREA NO. 10

DRAFT MA TAU KOK OUTLINE ZONING PLAN NO. S/K10/27

Schedule of Uses

Page

COMMERCIAL 1

COMPREHENSIVE DEVELOPMENT AREA 3

RESIDENTIAL (GROUP A) 7

RESIDENTIAL (GROUP B) 11

RESIDENTIAL (GROUP E) 13

GOVERNMENT, INSTITUTION OR COMMUNITY 18

OPEN SPACE 20

OTHER SPECIFIED USES 21


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COMMERCIAL

Column 2
Column 1 Uses that may be permitted with or
Uses always permitted without conditions on application
to the Town Planning Board

Ambulance Depot Broadcasting, Television and/or Film Studio


Commercial Bathhouse/Massage Flat
Establishment Government Refuse Collection Point
Eating Place Hospital
Educational Institution Mass Transit Railway Vent Shaft and/or
Exhibition or Convention Hall Other Structure above Ground Level
Government Use (not elsewhere specified) other than Entrances
Hotel Petrol Filling Station
Information Technology and Residential Institution
Telecommunications Industries
Institutional Use (not elsewhere specified)
Library
Off-course Betting Centre
Office
Place of Entertainment
Place of Recreation, Sports or Culture
Private Club
Public Clinic
Public Convenience
Public Transport Terminus or Station
Public Utility Installation
Public Vehicle Park
(excluding container vehicle)
Recyclable Collection Centre
Religious Institution
School
Shop and Services
Social Welfare Facility
Training Centre
Utility Installation for Private Project

Planning Intention

This zone is intended primarily for commercial developments, which may include shop,
services, place of entertainment and eating place, functioning mainly as local shopping
centres serving the immediate neighbourhood and hotel development.

(Please see next page)


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COMMERCIAL (Cont’d)

Remarks

(1) No new development, or addition, alteration and/or modification to or redevelopment


of an existing building shall result in a total development and/or redevelopment in
excess of a maximum plot ratio of 12.0, or the plot ratio of the existing building,
whichever is the greater.

(2) No new development, or addition, alteration and/or modification to or redevelopment


of an existing building shall result in a total development and/or redevelopment in
excess of the maximum building heights in terms of metres above Principal Datum as
stipulated on the Plan, or the height of the existing building, whichever is the greater.

(3) In determining the maximum plot ratio for the purposes of paragraph (1) above, any
floor space that is constructed or intended for use solely as car park,
loading/unloading bay, plant room and caretaker’s office, provided such uses and
facilities are ancillary and directly related to the development or redevelopment, may
be disregarded.

(4) Where the permitted plot ratio as defined in Building (Planning) Regulations is
permitted to be exceeded in circumstances as set out in Regulation 22(1) or (2) of the
said Regulations, the plot ratio for the building on land to which paragraph (1) applies
may be increased by the additional plot ratio by which the permitted plot ratio is
permitted to be exceeded under and in accordance with the said Regulation 22(1) or
(2), notwithstanding that the relevant maximum plot ratio specified in paragraph (1)
above may thereby be exceeded.

(5) Based on the individual merits of a development or redevelopment proposal, minor


relaxation of the plot ratio/building height restrictions stated in paragraphs (1) and (2)
above may be considered by the Town Planning Board on application under section
16 of the Town Planning Ordinance.
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COMPREHENSIVE DEVELOPMENT AREA

Column 2
Column 1 Uses that may be permitted with or
Uses always permitted without conditions on application
to the Town Planning Board

Ambulance Depot
Commercial Bathhouse/Massage Establishment
Eating Place
Educational Institution
Exhibition or Convention Hall
Flat
Government Refuse Collection Point
Government Use (not elsewhere specified)
Hospital
Hotel
House
Information Technology and
Telecommunications Industries
Institutional Use (not elsewhere specified)
Library
Mass Transit Railway Vent Shaft and/or
Other Structure above Ground
Level other than Entrances
Off-course Betting Centre
Office
Petrol Filling Station
Place of Entertainment
Place of Recreation, Sports or Culture
Private Club
Public Clinic
Public Convenience
Public Transport Terminus or Station
Public Utility Installation
Public Vehicle Park (excluding container
vehicle)
Recyclable Collection Centre
Religious Institution
Residential Institution
Research, Design and Development Centre
School
Shop and Services
Social Welfare Facility
Training Centre
Utility Installation for Private Project

(Please see next page)


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COMPREHENSIVE DEVELOPMENT AREA (Cont’d)

Planning Intention

This zone is intended for comprehensive development/redevelopment of the area for


residential and/or commercial uses with the provision of open space and other supporting
facilities. The zoning is to facilitate appropriate planning control over the development mix,
scale, design and layout of development, taking account of various environmental, traffic,
infrastructure and other constraints.

Remarks

(1) Pursuant to section 4A(2) of the Town Planning Ordinance, and except as otherwise
expressly provided that it is not required by the Town Planning Board, an applicant for
permission for development on land designated “Comprehensive Development Area”
shall prepare a Master Layout Plan for the approval of the Town Planning Board and
include therein the following information:

(i) the area of the proposed land uses, the nature, position, dimensions, and
heights of all buildings to be erected in the area;

(ii) the proposed total site area and gross floor area for various uses, total number
of flats and flat size, where applicable;

(iii) the details and extent of Government, institution or community (GIC) and
recreational facilities, public transport and parking facilities, and open space to
be provided within the area;

(iv) the alignment, widths and levels of any roads proposed to be constructed
within the area;

(v) the landscaping and urban design proposals within the area;

(vi) programmes of development in detail;

(vii) an environmental impact assessment report, including but not limiting to a


visual impact assessment, to examine any possible environmental and visual
problems that may be caused to or by the proposed development during and
after construction and the proposed mitigation measures to tackle them;

(viii) a drainage and sewerage impact assessment report to examine any possible
drainage and sewerage problems that may be caused by the proposed
development and the proposed mitigation measures to tackle them;

(ix) a traffic impact assessment report to examine any possible traffic problems that
may be caused by the proposed development and the proposed mitigation
measures to tackle them;

(Please see next page)


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COMPREHENSIVE DEVELOPMENT AREA (Cont’d)

Remarks (Cont'd)

(x) a quantitative air ventilation assessment study to examine the local wind
environment and identify any possible opportunity/problem areas for design
improvement, in particular measures to extend the wind path from Kai Tak to
Ma Tau Kok area; and

(xi) such other information as may be required by the Town Planning Board.

(2) The Master Layout Plan should be supported by an explanatory statement which
contains an adequate explanation of the development proposal, including such
information as land tenure, relevant lease conditions, existing conditions of the site, the
character of the site in relation to the surrounding areas, principles of layout design,
major development parameters, design population, types of GIC facilities, and
recreational and open space facilities.

(3) No new development, or addition, alteration and/or modification to or redevelopment of


an existing building shall result in a total development and/or redevelopment in excess of
the maximum gross floor area (GFA) specified below:

Restriction

Maximum GFA for Maximum GFA for


Domestic Use Non-domestic Use
Sub-area (m2) (m2)

CDA bounded by Sung Wong Toi Road,


Mok Cheong Street and Kowloon City
Road:

CDA(1) 40,500 8,100


CDA(2) 63,000 12,600
CDA(3) 62,600 12,550

CDA bounded by Mok Cheong Street, 213,000 42,600


Ma Tau Kok Road, To Kwa Wan Road
and Kowloon City Road

(Please see next page)


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COMPREHENSIVE DEVELOPMENT AREA (Cont’d)

Remarks (Cont'd)

(4) In determining the maximum GFA for the sub-areas specified in paragraph (3) above,
any floor space that is constructed or intended for use solely as car park,
loading/unloading bay, plant room and caretaker’s office, or caretaker’s quarters and
recreational facilities for the use and benefit of all the owners or occupiers of the
domestic building or domestic part of the building, provided such uses and facilities are
ancillary and directly related to the development or redevelopment, may be disregarded.
Any floor space that is constructed or intended for use solely as public transport
facilities, railway station development, or GIC or social welfare facilities, as required
by the Government, may also be disregarded.

(5) No new development, or addition, alteration and/or modification to or redevelopment


of an existing building shall result in a total development and/or redevelopment in
excess of the maximum building heights in terms of metres above Principal Datum as
stipulated on the Plan, or the height of the existing building, whichever is the greater.

(6) Based on the individual merits of a development or redevelopment proposal, minor


relaxation of the GFA/building height restrictions stated in paragraphs (3) and (5)
above may be considered by the Town Planning Board on application under section 16
of the Town Planning Ordinance.
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RESIDENTIAL (GROUP A)

Column 2
Column 1 Uses that may be permitted with or
Uses always permitted without conditions on application
to the Town Planning Board

Ambulance Depot Commercial Bathhouse/Massage


Flat Establishment
Government Use (not elsewhere specified) Eating Place
House Educational Institution
Library Exhibition or Convention Hall
Market Government Refuse Collection Point
Place of Recreation, Sports or Culture Hospital
Public Clinic Hotel
Public Transport Terminus or Station Institutional Use (not elsewhere specified)
(excluding open-air terminus or station) Mass Transit Railway Vent Shaft and/or
Public Vehicle Park (excluding container Other Structure above Ground Level
vehicle) (on land designated “R(A)3” other than Entrances
and “R(A)4” only) Office
Residential Institution Petrol Filling Station
School (in free-standing purpose-designed Place of Entertainment
building only) Private Club
Social Welfare Facility Public Convenience
Utility Installation for Private Project Public Transport Terminus or Station
(not elsewhere specified)
Public Utility Installation
Public Vehicle Park (excluding container
vehicle) (not elsewhere specified)
Religious Institution
School (not elsewhere specified)
Shop and Services (not elsewhere specified)
Training Centre

(Please see next page)


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RESIDENTIAL (GROUP A) (Cont’d)

In addition, the following uses are always


permitted (a) on the lowest three floors of a
building, taken to include basements; or (b) in
the purpose-designed non-residential portion of
an existing building, both excluding floors
containing wholly or mainly car parking,
loading/unloading bays and/or plant room:

Eating Place
Educational Institution
Institutional Use (not elsewhere specified)
Off-course Betting Centre
Office
Place of Entertainment
Private Club
Public Convenience
Recyclable Collection Centre
School
Shop and Services
Training Centre

Planning Intention

This zone is intended primarily for high-density residential developments. Commercial uses
are always permitted on the lowest three floors of a building or in the purpose-designed non-
residential portion of an existing building. For the “Residential (Group A)4” zone, the
planning intention includes the provision of a public vehicle park.

Remarks

(1) On land designated “Residential (Group A)”, “Residential (Group A)2” ,“Residential
(Group A)3” and “Residential (Group A)4” , no new development, or addition, alteration
and/or modification to or redevelopment of an existing building shall result in the plot
ratio for the building upon development and/or redevelopment in excess of 7.5 for a
domestic building or 9.0 for a building that is partly domestic and partly non-domestic,
or the plot ratio of the existing building, whichever is the greater. Except where the plot
ratio is permitted to be exceeded under paragraphs (10) and/or (11) hereof, under no
circumstances shall the plot ratio for the domestic part of any building, to which this
paragraph applies, exceed 7.5.

(2) For a non-domestic building to be erected on the site, the maximum plot ratio shall not
exceed 9.0 except where the plot ratio is permitted to be exceeded under paragraphs (10)
and/or (11) hereof.

(Please see next page)


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RESIDENTIAL (GROUP A) (Cont’d)

Remarks (Cont’d)

(3) For the purposes of paragraph (1) above, on land designated “Residential (Group A)”,
“Residential (Group A)2”, “Residential (Group A)3” and “Residential (Group A)4”,
no addition, alteration and/or modification to or redevelopment of an existing
building shall result in a total development and/or redevelopment in excess of the
relevant maximum domestic and/or non-domestic plot ratio(s), or the domestic and/or
non-domestic plot ratio(s) of the existing building, whichever is the greater, subject
to, as applicable -

(i) the plot ratio(s) of the existing building shall apply only if any addition,
alteration and/or modification to or redevelopment of an existing building is for
the same type of building as the existing building, i.e. domestic, non-domestic,
or partly domestic and partly non-domestic building; or

(ii) the maximum domestic and/or non-domestic plot ratio(s) stated in paragraph (1)
above shall apply if any addition, alteration and/or modification to or
redevelopment of an existing building is not for the same type of building as the
existing building, i.e. domestic, non-domestic, or partly domestic and partly non-
domestic building.
(4) On land designated “Residential (Group A)1”, no new development, or addition,
alteration and/or modification to or redevelopment of an existing building shall result in
a total development and/or redevelopment in excess of a maximum domestic gross floor
area of 71,800m2, and a maximum non-domestic gross floor area of 7,870m2 of which a
gross floor area of not less than 770m² should be provided for Government, institution or
community facilities. A public open space of not less than 1,800m2 in size at ground
level shall be provided.

(5) No new development, or addition, alteration and/or modification to or redevelopment of


an existing building shall result in a total development and/or redevelopment in excess
of the maximum building heights in terms of metres above Principal Datum as stipulated
on the Plan, or the height of the existing building, whichever is the greater.
(6) On land designated “Residential (Group A)2”, a maximum building height of 100
metres above Principal Datum would be permitted for sites with an area of 400m2 or
more.

(7) On land designated “Residential (Group A)4”, a public vehicle park with a total of not
less than 449 public car parking spaces, of which not less than 49 parking spaces are to
be used for goods vehicles, shall be provided.

(Please see next page)


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RESIDENTIAL (GROUP A) (Cont’d)

Remarks (Cont’d)

(8) In determining the relevant maximum plot ratio for the purposes of paragraphs (1) and
(2) above, area of any part of the site that is occupied or intended to be occupied by free-
standing purpose-designed buildings (including both developed on ground and on
podium level) solely for accommodating Government, institution or community
facilities including school(s) as may be required by Government shall be deducted in
calculating the relevant site area.

(9) In determining the relevant maximum plot ratio or gross floor area for the purposes of
paragraphs (1), (2) and (4) above, any floor space that is constructed or intended for use
solely as car park, loading/unloading bay, plant room and caretaker’s office, or
caretaker’s quarters and recreational facilities for the use and benefit of all the owners or
occupiers of the domestic building or domestic part of the building, provided such uses
and facilities are ancillary and directly related to the development or redevelopment,
may be disregarded.
(10) Where the permitted plot ratio as defined in Building (Planning) Regulations is
permitted to be exceeded in circumstances as set out in Regulation 22(1) or (2) of the
said Regulations, the plot ratio/gross floor area for the building on land to which
paragraph (1), (2) or (4) applies may be increased by the additional plot ratio by which
the permitted plot ratio is permitted to be exceeded under and in accordance with the
said Regulation 22(1) or (2), notwithstanding that the relevant maximum plot ratio/gross
floor area specified in paragraphs (1), (2) and (4) above may thereby be exceeded.

(11) Based on the individual merits of a development or redevelopment proposal, minor


relaxation of the plot ratio/gross floor area/building height restrictions and minimum
provision of public car/goods vehicle parking spaces stated in paragraphs (1), (2) and (4)
to (7) above may be considered by the Town Planning Board on application under
section 16 of the Town Planning Ordinance.
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RESIDENTIAL (GROUP B)

Column 2
Column 1 Uses that may be permitted with or
Uses always permitted without conditions on application
to the Town Planning Board

Flat Ambulance Depot


Government Use (Police Reporting Centre, Eating Place
Post Office only) Educational Institution
House Government Refuse Collection Point
Library Government Use (not elsewhere specified)
Residential Institution Hospital
School (in free-standing purpose-designed Hotel
building only) Institutional Use (not elsewhere specified)
Social Welfare Facility (on land designated Mass Transit Railway Vent Shaft and/or
“R(B)1” only) Other Structure above Ground Level
Utility Installation for Private Project other than Entrances
Off-course Betting Centre
Office
Petrol Filling Station
Place of Entertainment
Place of Recreation, Sports or Culture
Private Club
Public Clinic
Public Convenience
Public Transport Terminus or Station
Public Utility Installation
Public Vehicle Park (excluding container
vehicle)
Recyclable Collection Centre
Religious Institution
School (not elsewhere specified)
Shop and Services
Social Welfare Facility (not applicable to
land designated “R(B)1”)
Training Centre

Planning Intention

This zone is intended primarily for medium-density residential developments where


commercial uses serving the residential neighbourhood may be permitted on application to
the Town Planning Board.

(Please see next page)


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RESIDENTIAL (GROUP B) (Cont’d)

Remarks

(1) On land designated “Residential (Group B)”, no new development, or addition,


alteration and/or modification to or redevelopment of an existing building shall result in
a total development and/or redevelopment in excess of a maximum plot ratio of 5.0, or
the plot ratio of the existing building, whichever is the greater.

(2) On land designated “Residential (Group B)1”, no new development, or addition,


alteration and/or modification to or redevelopment of an existing building shall result in
a total development and/or redevelopment in excess of a maximum gross floor area of
37,500m2. In determining the maximum gross floor area for the purpose of this
paragraph, in addition to the floor spaces mentioned in paragraph (4) below, any floor
space that is constructed or intended to be occupied by social welfare facilities may also
be disregarded.

(3) No new development, or addition, alteration and/or modification to or redevelopment of


an existing building shall result in a total development and/or redevelopment in excess
of the maximum building heights in terms of metres above Principal Datum as stipulated
on the Plan, or the height of the existing building, whichever is the greater.

(4) In determining the relevant maximum plot ratio/gross floor area for the purposes of
paragraphs (1) and (2) above, any floor space that is constructed or intended for use
solely as car park, loading/unloading bay, plant room and caretaker’s office, or
caretaker’s quarters and recreational facilities for the use and benefit of all the owners or
occupiers of the domestic building or domestic part of the building, provided such uses
and facilities are ancillary and directly related to the development or redevelopment,
may be disregarded.

(5) Based on the individual merits of a development or redevelopment proposal, minor


relaxation of the plot ratio/gross floor area/building height restrictions stated in
paragraphs (1) to (3) above may be considered by the Town Planning Board on
application under section 16 of the Town Planning Ordinance.
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RESIDENTIAL (GROUP E)

Column 2
Column 1 Uses that may be permitted with or
Uses always permitted without conditions on application
to the Town Planning Board

Schedule I: for open-air development or


for building other than industrial or industrial-office building@

Ambulance Depot Commercial Bathhouse/Massage


Government Use (not elsewhere specified) Establishment
Public Transport Terminus or Station Eating Place
(excluding open-air terminus or station) Educational Institution
Utility Installation for Private Project Exhibition or Convention Hall
Flat
Government Refuse Collection Point
Hospital
Hotel
House
Institutional Use (not elsewhere specified)
Library
Mass Transit Railway Vent Shaft and/or
Other Structure above Ground Level
other than Entrances
Office
Petrol Filling Station
Place of Entertainment
Place of Recreation, Sports or Culture
Private Club
Public Clinic
Public Convenience
Public Transport Terminus or Station
(not elsewhere specified)
Public Utility Installation
(not elsewhere specified)
Public Vehicle Park
(excluding container vehicle)
Religious Institution
Residential Institution
School
Shop and Services
Social Welfare Facility
Training Centre

( Please see next page )


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RESIDENTIAL (GROUP E) (Cont’d)

In addition, the following uses are always


permitted (a) on the lowest three floors of a
building, taken to include basements; or (b) in
the purpose-designed non-residential portion of
an existing building, both excluding floors
containing wholly or mainly car parking,
loading/unloading bays and/or plant room:

Eating Place
Educational Institution
Institutional Use (not elsewhere specified)
Library
Off-course Betting Centre
Office
Place of Entertainment
Place of Recreation, Sports or Culture
Private Club
Public Clinic
Public Convenience
Recyclable Collection Centre
School
Shop and Services
Social Welfare Facility
Training Centre

( Please see next page )


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RESIDENTIAL (GROUP E) (Cont’d)

Column 2
Column 1 Uses that may be permitted with or
Uses always permitted without conditions on application
to the Town Planning Board

Schedule II: for existing industrial or industrial-office building@

Ambulance Depot Cargo Handling and Forwarding Facility


Art Studio (excluding those involving direct (Container Freight Station, free-standing
provision of services or goods) purpose-designed Logistics Centre only)
Cargo Handling and Forwarding Facility Industrial Use (not elsewhere specified)
(not elsewhere specified) Mass Transit Railway Vent Shaft and/or
Eating Place (Canteen only) Other Structure above Ground
Government Refuse Collection Point Level other than Entrances
Government Use (not elsewhere specified) Off-course Betting Centre
Information Technology and Office (not elsewhere specified)
Telecommunications Industries Petrol Filling Station
Non-polluting Industrial Use Place of Recreation, Sports or Culture (not
(excluding industrial undertakings elsewhere specified)
involving the use/storage of Private Club
Dangerous Goods) Shop and Services (not elsewhere specified)
Office (Audio-visual Recording Studio, (ground floor only except Ancillary
Design and Media Production, Showroom# which may be permitted on any
Office Related to Industrial Use only) floor)
Public Convenience Vehicle Repair Workshop
Public Transport Terminus or Station Wholesale Trade
Public Utility Installation
Public Vehicle Park
(excluding container vehicle)
Radar, Telecommunications Electronic
Microwave Repeater, Television and/or
Radio Transmitter Installation
Recyclable Collection Centre
Research, Design and Development Centre
Shop and Services (Motor-vehicle Showroom
on ground floor, Service Trades only)
Utility Installation for Private Project
Warehouse (excluding Dangerous Goods
Godown)

( Please see next page )


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RESIDENTIAL (GROUP E) (Cont’d)

In addition, the following uses are always In addition, the following use may be
permitted in the purpose-designed non- permitted with or without conditions on
industrial portion on the lower floors application to the Town Planning Board in
(except basements and floors containing the purpose-designed non-industrial portion
wholly or mainly car parking, on the lower floors (except basements and
loading/unloading bays and/or plant room) floors containing wholly or mainly car
of an existing building, provided that the parking, loading/unloading bays and/or plant
uses are separated from the industrial uses room) of an existing building, provided that
located above by a buffer floor or floors and the use is separated from the industrial uses
no industrial uses are located within the located above by a buffer floor or floors and
non-industrial portion: no industrial uses are located within the non-
industrial portion:

Commercial Bathhouse/ Social Welfare Facility (excluding those


Massage Establishment involving residential care)
Eating Place
Educational Institution
Exhibition or Convention Hall
Institutional Use (not elsewhere specified)
Library
Off-course Betting Centre
Office
Place of Entertainment
Place of Recreation, Sports or Culture
Private Club
Public Clinic
Religious Institution
School (excluding kindergarten)
Shop and Services
Training Centre

@
An industrial or industrial-office building means a building which is constructed for or
intended to be used by industrial or industrial-office purpose respectively as approved
by the Building Authority.

# Ancillary Showroom requiring planning permission refers to showroom use of greater


than 20% of the total usable floor area of an industrial firm in the same premises or
building.
Planning Intention

This zone is intended primarily for phasing out of existing industrial uses through
redevelopment (or conversion) for residential use on application to the Town Planning Board.
Whilst existing industrial uses will be tolerated, new industrial developments are not
permitted in order to avoid perpetuation of industrial/residential interface problem.

( Please see next page )


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RESIDENTIAL (GROUP E) (Cont’d)

Remarks

(1) No new development, or addition, alteration and/or modification to or redevelopment of


an existing building shall result in the plot ratio for the building upon development
and/or redevelopment in excess of 7.5 for a domestic building or 9.0 for a building that
is partly domestic and partly non-domestic, or the plot ratio of the existing non-industrial
building, whichever is the greater. Except where the plot ratio is permitted to be
exceeded under paragraphs (6) and/or (7) hereof, under no circumstances shall the plot
ratio for the domestic part of any building, to which this paragraph applies, exceed 7.5.

(2) For a non-domestic building to be erected on the site, the maximum plot ratio shall not
exceed 9.0 except where the plot ratio is permitted to be exceeded under paragraphs (6)
and/or (7) hereof.

(3) No new development, or addition, alteration and/or modification to or redevelopment of


an existing building shall result in a total development and/or redevelopment in excess
of the maximum building heights in terms of metres above Principal Datum as stipulated
on the Plan, or the height of the existing building, whichever is the greater.

(4) In determining the relevant maximum plot ratio for the purposes of paragraphs (1) and
(2) above, area of any part of the site that is occupied or intended to be occupied by
free-standing purpose-designed buildings (including both developed on ground and on
podium level) solely for accommodating Government, institution or community
facilities including school(s) as may be required by Government shall be deducted in
calculating the relevant site area.

(5) In determining the relevant maximum plot ratio for the purposes of paragraphs (1) and
(2), any floor space that is constructed or intended for use solely as car park,
loading/unloading bay, plant room and caretaker’s office, or caretaker’s quarters and
recreational facilities for the use and benefit of all the owners or occupiers of the
domestic building or domestic part of the building, provided such uses and facilities are
ancillary and directly related to the development or redevelopment, may be disregarded.

(6) Where the permitted plot ratio as defined in Building (Planning) Regulations is
permitted to be exceeded in circumstances as set out in Regulation 22(1) or (2) of the
said Regulations, the plot ratio for the building on land to which paragraph (1) or (2)
applies may be increased by the additional plot ratio by which the permitted plot ratio
is permitted to be exceeded under and in accordance with the said Regulation 22(1) or
(2), notwithstanding that the relevant maximum plot ratio specified in paragraphs (1)
and (2) above may thereby be exceeded.

(7) Based on the individual merits of a development or redevelopment proposal, minor


relaxation of the plot ratio/building height restrictions stated in paragraphs (1) to (3)
above may be considered by the Town Planning Board on application under section 16
of the Town Planning Ordinance.
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GOVERNMENT, INSTITUTION OR COMMUNITY

Column 2
Column 1 Uses that may be permitted with or
Uses always permitted without conditions on application
to the Town Planning Board

Ambulance Depot Animal Boarding Establishment


Animal Quarantine Centre Animal Quarantine Centre
(in Government building only) (not elsewhere specified)
Broadcasting, Television and/or Film Studio Columbarium
Cable Car Route and Terminal Building Correctional Institution
Eating Place (Canteen, Crematorium
Cooked Food Centre only) Driving School
Educational Institution Eating Place (not elsewhere specified)
Exhibition or Convention Hall Flat
Field Study/Education/Visitor Centre Funeral Facility
Government Refuse Collection Point Helicopter Landing Pad
Government Use (not elsewhere specified) Helicopter Fuelling Station
Hospital Holiday Camp
Institutional Use (not elsewhere specified) Hotel
Library House
Market Mass Transit Railway Vent Shaft and/or
Place of Recreation, Sports or Culture Other Structure above Ground Level
Public Clinic other than Entrances
Public Convenience Off-course Betting Centre
Public Transport Terminus or Station Office
Public Utility Installation Petrol Filling Station
Public Vehicle Park Place of Entertainment
(excluding container vehicle) Private Club
Recyclable Collection Centre Radar, Telecommunications Electronic
Religious Institution Microwave Repeater, Television
Research, Design and Development Centre and/or Radio Transmitter Installation
School Refuse Disposal Installation (Refuse Transfer
Service Reservoir Station only)
Social Welfare Facility Residential Institution
Training Centre Sewage Treatment/Screening Plant
Wholesale Trade Shop and Services (not elsewhere specified)
Utility Installation for Private Project
Zoo

Planning Intention

This zone is intended primarily for the provision of Government, institution and community
facilities serving the needs of the local residents and/or a wider district, region or the territory.
It is also intended to provide land for uses directly related to or in support of the work of the
Government, organizations providing social services to meet community needs, and other
institutional establishments.
( Please see next page )
- 19 - S/K10/27

GOVERNMENT, INSTITUTION OR COMMUNITY (Cont’d)

Remarks

(1) No new development, or addition, alteration and/or modification to or redevelopment of


an existing building shall result in a total development and/or redevelopment in excess
of the maximum building heights, in terms of number of storeys or metres above
Principal Datum, as stipulated on the Plan, or the height of the existing building,
whichever is the greater.

(2) In determining the relevant maximum number of storeys for the purposes of paragraph
(1) above, any basement floor(s) may be disregarded.

(3) Based on the individual merits of a development or redevelopment proposal, minor


relaxation of the building height restriction stated in paragraph (1) above may be
considered by the Town Planning Board on application under section 16 of the Town
Planning Ordinance.
- 20 - S/K10/27

OPEN SPACE

Column 2
Column 1 Uses that may be permitted with or
Uses always permitted without conditions on application
to the Town Planning Board

Aviary Cable Car Route and Terminal Building


Barbecue Spot Eating Place
Field Study/Education/Visitor Centre Government Refuse Collection Point
Park and Garden Government Use (not elsewhere specified)
Pavilion Holiday Camp
Pedestrian Area Mass Transit Railway Vent Shaft and/or
Picnic Area Other Structure above Ground Level
Playground/Playing Field other than Entrances
Promenade Place of Entertainment
Public Convenience Place of Recreation, Sports or Culture
Sitting Out Area Private Club
Zoo Public Transport Terminus or Station
Public Utility Installation
Public Vehicle Park
(excluding container vehicle)
Religious Institution
Service Reservoir
Shop and Services
Tent Camping Ground
Utility Installation for Private Project

Planning Intention

This zone is intended primarily for the provision of outdoor open-air public space for active
and/or passive recreational uses serving the needs of local residents as well as the general
public.
- 21 - S/K10/27

OTHER SPECIFIED USES

Column 2
Column 1 Uses that may be permitted with or
Uses always permitted without conditions on application
to the Town Planning Board

For “Sports and Recreation Club” only

Place of Recreation, Sports or Culture Eating Place


Private Club Government Refuse Collection Point
Government Use (not elsewhere specified)
Mass Transit Railway Vent Shaft and/or
Other Structure above Ground Level
other than Entrances
Public Vehicle Park (excluding container
vehicle)
Religious Institution
Shop and Services (not elsewhere specified)
Social Welfare Facility
Utility Installation not Ancillary
to the Specified Use

Planning Intention

This zone is intended primarily to provide land for private club use for sporting and
recreational purposes.

Remarks

(1) No new development, or addition, alteration and/or modification to or redevelopment of


an existing building shall result in a total development and/or redevelopment in excess
of the maximum building heights, in terms of number of storeys as stipulated on the Plan,
or the height of the existing building, whichever is the greater.

(2) In determining the relevant maximum number of storeys for the purposes of paragraph
(1) above, any basement floor(s) may be disregarded.

(3) Based on the individual merits of a development or redevelopment proposal, minor


relaxation of the building height restriction stated in paragraph (1) above may be
considered by the Town Planning Board on application under section 16 of the Town
Planning Ordinance.
KOWLOON PLANNING AREA NO. 10

DRAFT MA TAU KOK OUTLINE ZONING PLAN NO. S/K10/27

EXPLANATORY STATEMENT
KOWLOON PLANNING AREA NO. 10

DRAFT MA TAU KOK OUTLINE ZONING PLAN NO. S/K10/27

Contents Page

1. INTRODUCTION 1

2. AUTHORITY FOR THE PLAN AND PROCEDURES 1

3. OBJECT OF THE PLAN 3

4. NOTES OF THE PLAN 3

5. THE PLANNING SCHEME AREA 4

6. POPULATION 4

7. BUILDING HEIGHT RESTRICTIONS IN THE AREA 5

8. LAND USE ZONINGS

8.1 Commercial 6
8.2 Comprehensive Development Area 7
8.3 Residential (Group A) 8
8.4 Residential (Group B) 10
8.5 Residential (Group E) 11
8.6 Government, Institution or Community 12
8.7 Open Space 13
8.8 Other Specified Uses 13

9. COMMUNICATIONS 13

10. URBAN RENEWAL AUTHORITY DEVELOPMENT 14


SCHEME PLAN AREA

11. UTILITY SERVICES 14

12. CULTURAL HERITAGE 14

13. IMPLEMENTATION 15
KOWLOON PLANNING AREA NO. 10

DRAFT MA TAU KOK OUTLINE ZONING PLAN NO. S/K10/27

(Being a Draft Plan for the Purposes of the Town Planning Ordinance)

EXPLANATORY STATEMENT

Note: For the purposes of the Town Planning Ordinance, this statement shall not be deemed
to constitute a part of the Plan.

1. INTRODUCTION

This Explanatory Statement is intended to assist an understanding of the draft Ma Tau


Kok Outline Zoning Plan (OZP) No. S/K10/27. It reflects the planning intention and
objectives of the Town Planning Board (the Board) for the various land use zonings of
the Plan.

2. AUTHORITY FOR THE PLAN AND PROCEDURES

2.1 On 9 April 1957, the draft Ma Tau Kok Outline Development Plan No.
LK 10/18/4, being the first statutory plan covering the Ma Tau Kok area, was
gazetted under the Town Planning Ordinance (the Ordinance). On 27 April
1973, the draft Wang Tau Hom and Tung Tau Outline Zoning Plan No. LK 8/21,
being the first statutory plan covering the Kowloon City area, was gazetted
under the Ordinance. On 18 December 1987, the draft Ma Tau Kok OZP No.
S/K10/3, being the first statutory plan covering both Ma Tau Kok and
Kowloon City areas, was gazetted under section 7 of the Ordinance. Since
then, the OZP had been amended twice and exhibited for public inspection
under section 6(7) and 7 of the Ordinance.

2.2 On 4 July 1989, the then Governor-in-Council (G in C), under section 9(1)(a)
of the Ordinance, approved the draft OZP, which was subsequently
renumbered as OZP No. S/K10/6. On 6 July 1993, the then G in C referred
the approved OZP No. S/K10/6 to the Board for amendment under section
12(1)(b)(ii) of the Ordinance. Since then, the OZP had been amended four
times and exhibited for public inspection under section 5 or 7 of the
Ordinance.

2.3 On 23 May 2000, the Chief Executive in Council (CE in C), under section
9(1)(a) of the Ordinance, approved the draft OZP, which was subsequently
renumbered as S/K10/11. On 10 October 2000, the CE in C referred the
approved Ma Tau Kok OZP No. S/K10/11 to the Board for amendment under
section 12(1)(b)(ii) of the Ordinance. Since then, the OZP had been amended
once and exhibited for public inspection under section 5 of the Ordinance.
- 2 - S/K10/27

2.4 On 19 June 2001, the CE in C, under section 9(1)(a) of the Ordinance,


approved the draft OZP, which was subsequently renumbered as S/K10/13. On
25 September 2001, the CE in C referred the approved Ma Tau Kok OZP No.
S/K10/13 to the Board for amendment under section 12(1)(b)(ii) of the
Ordinance. Since then, the OZP had been amended twice and exhibited for
public inspection under section 5 or 7 of the Ordinance.

2.5 On 18 February 2003, the CE in C, under section 9(1)(a) of the Ordinance,


approved the draft OZP, which was subsequently renumbered as S/K10/16. On
17 June 2003, the CE in C, under section 12(1)(b)(ii) of the Ordinance, referred
the approved OZP to the Board for amendment. Since then, the OZP had been
amended once under section 5 of the Ordinance.

2.6 On 8 June 2004, the CE in C, under section 9(1)(a) of the Ordinance, approved
the draft OZP, which was subsequently renumbered as S/K10/18. On 30
January 2007, the CE in C referred the approved Ma Tau Kok OZP No.
S/K10/18 to the Board for amendment under section 12(1)(b)(ii) of the
Ordinance.

2.7 On 18 January 2008, the draft Ma Tau Kok OZP No. S/K10/19 incorporating
amendments to impose building height restrictions for “Commercial” (“C”),
“Comprehensive Development Area” (“CDA”), “Residential (Group A)”
(“R(A)”), “Residential (Group B)” (“R(B)”), “Residential (Group E)”
(“R(E)”), “Government, Institution or Community” (“G/IC”) and “Other
Specified Uses” (“OU”) zones and technical amendments to the covering
Notes of the Plan was exhibited under section 5 of the Ordinance.

2.8 On 4 November 2008, the CE in C, under section 9(1)(a) of the Ordinance,


approved the draft Ma Tau Kok OZP, which was subsequently renumbered as
S/K10/20. On 16 September 2014, the CE in C referred the approved Ma Tau
Kok OZP No. S/K10/20 to the Board for amendment under section 12(1)(b)(ii)
of the Ordinance. Since then, the OZP had been amended once under section
5 of the Ordinance.

2.9 On 5 April 2016, the CE in C, under section 9(1)(a) of the Ordinance,


approved the draft OZP, which was subsequently re-numbered as S/K10/22.
On 7 February 2017, the CE in C referred the approved Ma Tau Kok OZP No.
S/K10/22 to the Board for amendment under section 12(1)(b)(ii) of the
Ordinance. Since then, the OZP had been amended once under section 5 of
the Ordinance.

2.10 On 8 January 2019, the CE in C, under section 9(1)(a) of the Ordinance,


approved the draft Ma Tau Kok OZP, which was subsequently renumbered as
S/K10/24. On 14 May 2019, the CE in C referred the approved Ma Tau Kok
OZP No. S/K10/24 to the Board for amendment under section 12(1)(b)(ii) of
the Ordinance. The reference back of the OZP was notified in the Gazette on
24 May 2019 under section 12(2) of the Ordinance.

2.11 On 5 July 2019, the draft Ma Tau Kok OZP No. S/K10/25, mainly indicating
an area of the Plan replaced by the draft Urban Renewal Authority (URA) Kai
- 3 - S/K10/27

Tak Road/Sa Po Road Development Scheme Plan (DSP) No. S/K10/URA1/1,


was exhibited for public inspection under section 5 of the Ordinance. During
the two-month exhibition period, one representation was received. On 4
October 2019, the representation was published for three weeks for public
comments and a total of three comments were received. After giving
consideration to the representation and comments on 3 June 2020, the Board
decided not to uphold the representation and that no amendment should be
made to the draft OZP to meet the representation.

2.12 On 5 January 2021, the CE in C, under section 9(1)(a) of the Ordinance,


approved the draft Ma Tau Kok OZP, which was subsequently renumbered as
S/K10/26. On 16 March 2021, the CE in C referred the approved Ma Tau
Kok OZP No. S/K10/26 to the Board for amendment under section 12(1)(b)(ii)
of the Ordinance. The reference back of the OZP was notified in the Gazette
on 26 March 2021 under section 12(2) of the Ordinance.

2.13 On 21 May 2021, the draft Ma Tau Kok OZP No. S/K10/27 (the Plan),
incorporating amendments mainly to rezone a site at 128 Carpenter Road
from “Other Specified Uses” annotated “Commercial Development with
Public Vehicle Park” to “Residential (Group A) 4”, was exhibited for public
inspection under section 5 of the Ordinance.

3. OBJECT OF THE PLAN

3.1 The object of the Plan is to indicate the broad land use zonings and major
transport networks so that development and redevelopment within the Planning
Scheme Area can be put under statutory planning control.

3.2 The Plan is to illustrate the broad principles of development. It is a small-scale


plan and the transport alignments and boundaries between the land use zones
may be subject to minor alterations as detailed planning proceeds.

3.3 Since the Plan is to show broad land use zoning, there would be cases that small
strips of land not intended for building development purposes and carry no
development right under the lease, such as the areas restricted for garden, slope
maintenance and access road purposes, are included in the residential zones.
The general principle is that such areas should not be taken into account in plot
ratio calculation. Development within residential zones should be restricted to
building lots carrying development right in order to maintain the character and
amenity of the Ma Tau Kok area and not to overload the road network in this
area.

4. NOTES OF THE PLAN

4.1 Attached to the Plan is a set of Notes which shows the types of uses or
developments which are always permitted within the Area and in particular
zones and which may be permitted by the Board, with and without conditions,
on application. The provision for application for planning permission under
- 4 - S/K10/27

section 16 of the Ordinance allows greater flexibility in land use planning and
control of development to meet changing needs.

4.2 For the guidance of the general public, a set of definitions that explains some of
the terms used in the Notes may be obtained from the Technical Services
Division of the Planning Department and can be downloaded from the Board’s
website at http://www.info.gov.hk/tpb.

5. THE PLANNING SCHEME AREA

5.1 The Planning Scheme Area (the Area) is located in Central Kowloon within the
Kowloon City District. It is bounded by Tung Tau Tsuen Road and Tung Tsing
Road to the north; To Kwa Wan Road and Yuk Yat Street to the east; Ngan
Hon Street and San Lau Street to the south; and Tin Kwong Road to the west.
The boundary of the Area is shown in a heavy broken line on the Plan. It
covers about 139 hectares of land.

5.2 The Area is one of the earliest developed urban areas in Kowloon, which has
been substantially developed for private residential, public housing and
industrial uses. The medium density residential areas are mainly located along
Argyle Street and Grampian Road. The major public housing estates in the
Area include Chun Seen Mei Chuen, Ma Tau Wai Estate and Lok Man Sun
Chuen.

5.3 Industrial developments, mainly in the form of factory buildings for light
manufacturing industries and godowns, are concentrated in the east. The
environmental problems of the Area include the concentration of dilapidated
housing stock along Mok Cheong Street and the close juxtaposition of the
residential and industrial uses in the east. The Plan is intended to alleviate some
of the aforementioned environmental problems by putting land uses and related
activities under statutory planning control, as well as to take the opportunities for
urban restructuring with the closure of Kai Tak Airport.

5.4 The Area covers land on the waterfront of Victoria Harbour. For any
development proposal affecting such land, due regard shall be given to the
Vision Statement for Victoria Harbour published by the Board, the requirements
under the Protection of the Harbour Ordinance (Cap. 531) and the Harbour
Planning Principles published by the Harbour-front Enhancement Committee.

6. POPULATION

Based on 2016 Population By-census, the population of the Area was estimated by
the Planning Department as about 133,100. It is estimated that the planned
population of the Area would be about 142,600.
- 5 - S/K10/27

7. BUILDING HEIGHT RESTRICTIONS IN THE AREA

7.1 In order to provide better planning control on the development intensity and
building height upon development/redevelopment and to meet public
aspirations for greater certainty and transparency in the statutory planning
system, the Kowloon OZPs are subject to revisions to incorporate building
height restrictions to guide future development/redevelopment. Some of the
high-rise redevelopments erected in the Area in the recent years following the
relocation of the airport in Kai Tak and the removal of the airport height
restrictions, are considered undesirable from the visual point of view, and are
also incompatible and out-of-context with the local built environment. In
order to prevent excessive tall or out-of-context buildings, and to instigate
control on the overall building height profile of the Area, a review has been
undertaken to ascertain the appropriate building height restrictions for the “C”,
“CDA”, “R(A)”, “R(B)”, “R(E)”, “G/IC”, and “OU” zones on the Plan.

7.2 The building height restrictions are to preserve the views to the ridgelines
from public view points and to maintain a stepped building height concept
recommended in the Urban Design Guidelines Study with lower buildings
along the waterfront, taking account of the local area context, the local wind
environment, and the need to maintain visually compatible building masses in
the wider setting. There are four main building height bands – 80 metres
above Principal Datum (mPD), 100mPD, 120mPD and 140mPD in the Area
for the “C”, “CDA”, “R(A)”, “R(B)” and “R(E)” zones – increasing
progressively from the waterfront to the inland and foothill areas. The
proposed building height bands help preserve views to the ridgelines, achieve
a stepped height profile for visual permeability and wind penetration and
circulation, and maintain a more intertwined relationship with the Victoria
Harbour edge.

7.3 Moreover, specific building restrictions for the “G/IC” and “OU” zones in
terms of mPD or number of storeys, which mainly reflect the existing and
planned building heights of developments, have been incorporated into the
Plan mainly to provide visual and spatial relief to the Area. The building
height restrictions are specified in terms of mPD to provide certainty and
clarity of planning intention. On the other hand, building height control for
low-rise developments, normally with a height of not more than 13 storeys,
will be subject to restrictions on the number of storeys so as to allow more
design flexibility, in particular for Government, institution or community (GIC)
facilities with specific functional requirements, unless such developments fall
within visually more prominent locations and major breathing spaces.

7.4 An air ventilation assessment (AVA) by expert evaluation has been


undertaken to assess the likely impact of the proposed building heights of the
development sites within the Area on the pedestrian wind environment. The
building height bands shown on the Plan have taken into account the findings
of the AVA.

7.5 A minor relaxation clause in respect of building height restrictions is


incorporated into the Notes of the Plan in order to provide incentive for
- 6 - S/K10/27

development/redevelopments with design merits/planning gains. Each


application for minor relaxation of building height restriction will be
considered on its own merits and the relevant criteria for consideration of such
relaxation are as follows:

(a) amalgamating smaller sites for achieving better urban design and local
area improvements;

(b) accommodating the bonus plot ratio granted under the Buildings
Ordinance in relation to surrender/dedication of land/area for use as
public passage/street widening;

(c) providing better streetscape/good quality street level public urban


space;

(d) providing separation between buildings to enhance air and visual


permeability;

(e) accommodating building design to address specific site constraints in


achieving the permissible plot ratio under the Plan; and

(f) other factors such as site constraints, need for tree preservation,
innovative building design and planning merits that would bring about
improvements to townscape and amenity of the locality, provided that
no adverse landscape and visual impacts would be resulted from the
innovative building design.

7.6 However, for existing buildings where the building height already exceeded
the maximum building height in terms of number of storeys or mPD as
stipulated on the Plan, there is a general presumption against such application
for minor relaxation unless under exceptional circumstances.

8. LAND USE ZONINGS

8.1 Commercial (“C”) - Total Area 0.40 ha

8.1.1 This zone is intended primarily for commercial developments, which


may include shop, services, place of entertainment and eating place,
functioning mainly as local shopping centres serving the immediate
neighborhood and hotel development. The sites under this zoning
include an existing hotel at Sa Po Road and two existing industrial
buildings at Ma Tau Wai Road.

8.1.2 Developments within this zone are subject to a maximum plot ratio of
12.0 in order to restrain traffic growth, which will otherwise overload the
existing and planned transport network and sewerage system capacity.

8.1.3 In the circumstances set out in Regulation 22 of the Building (Planning)


Regulations, the above specified maximum plot ratio may be increased
- 7 - S/K10/27

by what is permitted to be exceeded under Regulation 22. This is to


maintain flexibility for unique circumstances such as dedication of part
of a site for road widening or public uses.

8.1.4 Development and redevelopment within the “C” sites along Prince
Edward Road West and Ma Tau Wai Road are subject to maximum
building height of 80mPD and 120mPD as stipulated on the Plan.

8.1.5 To provide design/architectural flexibility, minor relaxation of the plot


ratio/building height restrictions may be considered by the Board on
application under section 16 of the Ordinance taking into account its
own merits.

8.2 Comprehensive Development Area (“CDA”) – Total Area 5.05 ha

8.2.1 This zone is intended for comprehensive development/redevelopment


of the area for residential and/or commercial uses with the provision of
open space and other supporting facilities. The zoning is to facilitate
appropriate planning control over the development mix, scale, design
and layout of development, taking account of various environmental,
traffic, infrastructure and other constraints.

8.2.2 Sites bounded by Sung Wong Toi Road, Kowloon City Road, Ma Tau
Kok Road and To Kwa Wan Road are zoned “CDA” to facilitate
comprehensive redevelopment for residential uses with retail and GIC
facilities, as well as to phase out the existing industrial
activities. Development restrictions in terms of maximum domestic
and non-domestic gross floor areas for the “CDA” zones are stipulated
in the Remarks of the Notes. Details of the proposed uses and
development parameters for the “CDA” are to be stipulated in the
planning briefs.

8.2.3 The “CDA” zone bounded by Sung Wong Toi Road, Kowloon City
Road and Mok Cheong Street is sub-divided into “CDA(1)”,
“CDA(2)” and “CDA(3)” to facilitate early development of the sites
and to allow the Board to exercise planning control on the design and
layout of redevelopment, to require provision of mitigation measures to
address industrial/residential (I/R) interface problems and to ensure co-
ordinated and comprehensive redevelopment. In addition, open space
and GIC facilities could also be provided within the sites.

8.2.4 According to the AVA by expert evaluation, the area near Mok
Cheong Street is a major wind corridor. Future developments at Mok
Cheong Street are therefore critical to the local ventilation environment
of the Area. Upon redevelopment, a quantitative AVA Study for the
“CDA” sites near Mok Cheong Street should be conducted so as to
examine the local wind environment and identify any possible
opportunity/problem areas for design improvement, in particular
measures to extend the wind path from Kai Tak to Ma Tau Kok area.
- 8 - S/K10/27

8.2.5 In drawing up the layout of the proposed “CDA” developments, due


consideration should be given to the findings of the AVA. In particular,
there should be adequate space between buildings to enhance the air
and visual permeability to the surrounding developments. Any adverse
impact on the surrounding areas, particularly in terms of air ventilation,
should be carefully assessed and mitigated. Moreover, diversity in
building mass/form is encouraged within each “CDA” site to achieve a
more interesting building height profile in the area.

8.2.6 Pursuant to section 4A(1) of the Ordinance, any development within


the “CDA” zone would require approval of the Board by way of a
planning application under section 16 of the Ordinance. A Master
Layout Plan (MLP) should be submitted in accordance with the
requirements as specified in the Notes for the approval of the Board
pursuant to section 4A(2) of the Ordinance. A copy of the approved
MLP would be made available for public inspection in the Land
Registry pursuant to section 4A(3) of the Ordinance.

8.2.7 Development and redevelopment within the “CDA” sites are subject to a
maximum building height of 100mPD as stipulated on the Plan.

8.2.8 To provide design/architectural flexibility, minor relaxation of the


gross floor area/building height restrictions may be considered by the
Board on application under section 16 of the Ordinance taking into
account its own merits.

8.3 Residential (Group A) (“R(A)”) - Total Area 45.05 ha

8.3.1 This zone is intended primarily for high-density residential


developments. Commercial uses are always permitted on the lowest
three floors of a building or in the purpose-designed non-residential
portion of an existing building.

8.3.2 Most of the private and public residential developments in the Area,
except those along Argyle Street, Prince Edward Road West and
Grampian Road, are covered by this zoning. There are three existing
public housing estates in the Area, namely, Ma Tau Wai Estate, Chun
Seen Mei Chuen and Lok Man Sun Chuen. The Government land at the
junction of Sung Wong Toi Road and To Kwa Wan Road, and a site at
Ko Shan Road are planned for public housing developments.

8.3.3 There are three major private residential developments in the Area,
namely, the “Sky Tower” at Sung Wong Toi Road, “Jubilant Place” at
Pau Chung Street and “Celestial Heights” at Kau Pui Lung Road. The
Ma Tau Kok Gas Works (North Plant) site at To Kwa Wan Road and
Ma Tau Kok Road is proposed for private residential use upon
redevelopment.

8.3.4 In the consideration of the overall transport, environmental and


infrastructural constraints, as well as the adequacy in the provision of
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community facilities envisioned in the Kowloon Density Study Review,


completed in early 2002, developments or redevelopments within this
zone are subject to specific control on plot ratios except otherwise
specified in the Notes, i.e. a maximum plot ratio of 7.5 for a domestic
building or a maximum plot ratio of 9.0 for a partly domestic and partly
non-domestic building. In calculating the gross floor areas for these
developments/redevelopments, the lands for free-standing purpose-
designed buildings that are solely used for accommodating school or
other GIC facilities, including those located on ground and on building
podium, are not to be taken as parts of the site.

8.3.5 In the circumstances set out in Regulation 22 of the Building (Planning)


Regulations, the above specified maximum plot ratios may be increased
by what is permitted to be exceeded under Regulation 22. This is to
maintain flexibility for unique circumstances such as dedication of part
of a site for road widening or public uses.

8.3.6 Development and redevelopment within the “R(A)” sites are mainly
subject to maximum building heights of 100mPD, 120mPD and
140mPD as stipulated on the Plan. The “R(A)1” and “R(A)4” sites are
subject to a maximum building height of 100mPD. The “R(A)3” site is
subject to a maximum building height of 130mPD. Public vehicle park
is always permitted under “R(A)3” and “R(A)4” zones.

8.3.7 For sites in Kowloon City which is zoned “R(A)2”, a maximum building
height of 80mPD is proposed to maintain a similar building height
profile with the adjacent “R(B)” sites in Argyle Street and Prince
Edward Road West area as well as to enable a smooth transition of
height profile from the low-rise Kowloon Tong area to the similar height
band imposed in the Kai Tak City Centre.

8.3.8 Nonetheless, for “R(A)2” sites, to avoid pencil-like buildings to be


developed on small lots and to encourage amalgamation of sites for more
comprehensive development, including the provision of parking and
loading/unloading and other supporting facilities, a maximum building
height of 100mPD would be permitted for sites with an area of 400m2 or
more.

8.3.9 For the “R(A)4” site, a public vehicle park with a total of not less than
449 public car parking spaces, of which not less than 49 parking spaces
are to be used for goods vehicles, shall be provided. The site shall
provide a setback of not less than 4.45m wide along the western
boundary up to 15m above street level to enhance the walking
environment. An internal pedestrian passage of not less than 6m wide
at-grade to be opened to public 24 hours daily providing connection
between the Carpenter Road Park and Carpenter Road shall be provided.
Such requirements would be incorporated in the lease conditions upon
lease modification of the site, subject to agreement with relevant
Government departments. Sensitive design measures along the northern
boundary of the site including but not limited to greening and building
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setback of the podium portion to enhance the interface with the


Carpenter Road Park shall be adopted. Areas for public use as a
gathering place/performance venue and premises for community use
shall be provided as appropriate.

8.3.10 As the “R(A)4” site was originally planned and implemented as a public
vehicle park with commercial uses serving the area, interim car parking
arrangement of not less than 60 public car parking spaces should be
provided during demolition and construction stages of redevelopment at
the site to ensure a continuous provision of public car parking spaces.
Such requirement would be incorporated in the lease conditions upon
lease modification of the site, subject to agreement with relevant
Government departments.

8.3.11 An AVA Initial Study (2020) has been carried out for redevelopment at
the “R(A)4” site and several mitigation measures have been proposed
in the assessment, including building separations and building setbacks,
which would alleviate the potential air ventilation impacts on the
surrounding wind environment. These proposed mitigation measures
in the AVA should be taken into account in formulating the future
development scheme at the detailed design stage to alleviate the
potential adverse air ventilation impact of the development.

8.3.12 To provide design/architectural flexibility, minor relaxation of the plot


ratio/gross floor area/building height restrictions and minimum
provision of public car/goods vehicle parking spaces may be
considered by the Board on application under section 16 of the
Ordinance taking into account its own merits.

8.4 Residential (Group B) (“R(B)”) - Total Area 8.93 ha

8.4.1 This zone is intended primarily for medium-density residential


developments where commercial uses serving the residential
neighbourhood may be permitted on application to the Board.

8.4.2 Existing private residential developments under this zoning are located
along Argyle Street, Prince Edward Road West and Grampian Road. In
addition, the site of the Kowloon City Baptist Church at Argyle Street is
zoned “R(B)” and proposed for medium-density residential use upon
redevelopment.

8.4.3 Developments within this zone except otherwise specified are subject to
specific control on plot ratio to restrain traffic growth which will
otherwise overload the existing and planned transport network. A
maximum plot ratio of 5.0 is imposed under the Notes for “R(B)” zone.

8.4.4 The site at Farm Road and Ma Tau Wai Road is zoned “R(B)1” and
social welfare facilities are permitted as of right to enable early
implementation of the proposed social welfare facilities. Residential
development within this zone has been completed with the provision of
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a day nursery and a children and youth centre within the development.
The development on the site is subject to the maximum gross floor area
specified in the Notes.

8.4.5 Development and redevelopment within the “R(B)” sites are subject to a
maximum building height of 80mPD as stipulated on the Plan.

8.4.6 To provide design/architectural flexibility, minor relaxation of the plot


ratio/gross floor area/building height restrictions may be considered by
the Board on application under section 16 of the Ordinance taking into
account its own merits.

8.5 Residential (Group E) (“R(E)”) - Total Area 3.20 ha

8.5.1 This zone is intended primarily for phasing out of existing industrial
uses through redevelopment (or conversion) for residential use on
application to the Board. Whilst existing industrial uses will be
tolerated, new industrial developments are not permitted in order to
avoid perpetuation of I/R interface problem.

8.5.2 Under this zoning, existing industrial uses will be tolerated but new
industrial development will not be permitted upon redevelopment of
existing industrial buildings in order to avoid the perpetuation or
aggravation of the I/R interface problems with the new residential
development during the redevelopment process. In existing industrial
buildings, new developments involving offensive trades will not be
permitted. Any modification of use from non-industrial to industrial
uses within existing industrial buildings will also require the
permission of the Board.

8.5.3 Upon redevelopment of the industrial sites with potential land


contamination risk, the developer will be required to prepare
contamination assessment report to examine any possible ground
contamination and if land contamination is confirmed, to propose
remedial measures to deal with it.

8.5.4 Industrial sites at Yuk Yat Street, Chi Kiang Street, Sheung Heung
Road and To Kwa Wan Road are zoned “R(E)” with a view to
gradually phasing out the existing industrial buildings in the area.

8.5.5 In drawing up the development scheme for “R(E)” zone, especially


along Yuk Yat Street, due consideration should be given to provide
adequate space between the proposed development and the
surrounding developments to enhance the air and visual permeability.

8.5.6 Developments within this zone are subject to specific control on plot
ratios similar to that for the “R(A)” zone as stipulated in the Notes. In
calculating the gross floor areas for these developments/
redevelopments, the lands for free-standing purpose-designed
buildings that are solely used for accommodating school or other GIC
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facilities, including those located on ground and on building podium,


are not to be taken as parts of the site.

8.5.7 In the circumstances set out in Regulation 22 of the Building


(Planning) Regulations, the maximum plot ratio for a development
mentioned above may be increased by what is permitted to be
exceeded under Regulation 22. This is to maintain flexibility for
unique circumstances such as dedication of part of a site for road
widening or public uses.

8.5.8 Development and redevelopment within the “R(E)” sites are subject to
maximum building height of 100mPD and 120mPD as stipulated on the
Plan.

8.5.9 To provide design/architectural flexibility, minor relaxation of the plot


ratio/building height restrictions may be considered by the Board on
application under section 16 of the Ordinance taking into account its
own merits.

8.6 Government, Institution or Community (“G/IC”) - Total Area 8.83 ha

8.6.1 This zone is intended primarily for the provision of GIC facilities
serving the needs of the local residents as well as the general public. It
is also intended to provide land for uses directly related to or in
support of the work of the Government, organizations providing social
services to meet community needs, and other institutional
establishments.

8.6.2 Major existing GIC facilities include the divisional fire station and
ambulance depot at Shing Tak Street, To Kwa Wan Market and
Government Offices at Ma Tau Wai Road, the Kowloon City Municipal
Services Building at Nga Tsin Wai Road and the Hong Kong Society
for the Blind’s factory cum sheltered workshop and care and attention
home at Mok Cheong Street. Other existing GIC uses such as schools,
electricity substations, telephone exchanges are conveniently located
throughout the Area. Additional GIC facilities are also provided within
the public housing estates and private residential development. A site at
Lung Kong Road will be redeveloped as a welfare complex.

8.6.3 Development and redevelopment within the “G/IC” sites are mainly
subject to maximum building height in terms of number of storeys or
mPD as stipulated on the Plan.

8.6.4 To provide design/architectural flexibility, minor relaxation of the


building height restriction may be considered by the Board on
application under section 16 of the Ordinance taking into account its
own merits.
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8.7 Open Space (“O”) - Total Area 21.84 ha

8.7.1 This zone is intended primarily for the provision of outdoor open-air
public space for active and/or passive recreational uses serving the
needs of local residents as well as the general public.

8.7.2 Existing open spaces include the Kowloon Walled City Park, Carpenter
Road Park, To Kwa Wan Recreation Ground, Sung Wong Toi Garden,
Ma Tau Wai Road Playground, Ko Shan Road Park and the Tin Kwong
Road Recreation Ground. A special feature of Ko Shan Road Park is
Ko Shan Theatre which is used for holding cultural events and
performances.

8.7.3 The eastern part of the former Ma Tau Kok Animal Quarantine Depot
site bounded by Ma Tau Kok Road and San Shan Road is reserved for
open space use.

8.7.4 Local open spaces would be provided within the “CDA”, “R(A)” and
“R(E)” zones.

8.8 Other Specified Uses (“OU”) - Total Area 0.86 ha

8.8.1 This zoning covers land allocated for specific uses.

8.8.2 The Hong Kong Softball Association Recreation Ground at Tin Kwong
Road is zoned “OU” annotated “Sports and Recreation Club”.
Development and/or redevelopment of this site is subject to a maximum
building height of 1 storey as stipulated on the Plan.

8.8.3 To provide design/architectural flexibility, minor relaxation of the gross


floor area/building height restrictions may be considered by the Board on
application under section 16 of the Ordinance taking into account its own
merits.

9. COMMUNICATIONS

9.1 Roads

9.1.1 The elevated road passing through the Area above Chatham Road North
and Kowloon City Road connecting to the Airport Tunnel is part of the
primary distributor road network linking up Central and East Kowloon.

9.1.2 The district distributor network consists of Ma Tau Kok Road, Ma Tau
Wai Road, To Kwa Wan Road, Sung Wong Toi Road and Tin Kwong
Road.
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9.2 Railway

On 27 March 2012, the CE in C authorised the Mass Transit Railway (MTR)


Shatin to Central Link (SCL) under the Railways Ordinance. The authorised
railway scheme shall be deemed to be approved under the Ordinance. The SCL
with 10 stations including To Kwa Wan Station and Sung Wong Toi Station,
connects the Ma On Shan Line with the West Rail Line. Construction works
commenced in 2012. The ‘Tuen Ma Line (TML) Phase 1’ (railway from Wu
Kai Sha Station to Kai Tak Station) was put into service on 14 February 2020,
and the target commission of the remaining ‘Kai Tak to Hung Hom Section’
will be in the third quarter of 2021. The TML To Kwa Wan Station and Sung
Wong Toi Station will significantly improve the accessibility of the Area.

10. URBAN RENEWAL AUTHORITY DEVELOPMENT SCHEME PLAN AREA

10.1 An area has been designated as ‘URA DSP Area’. The land use zoning of the
area is depicted on the relevant URA DSP and it will be implemented by the
URA.

10.2 The DSP for Kai Tak Road/Sa Po Road covers an area of about 0.61 ha. The
site is intended for high-density residential developments with the provision of
a sunken plaza and underground public vehicle park. Commercial uses are
always permitted on the lowest three floors of a building or in the purpose-
designed non-domestic portion of a building connecting to the sunken plaza.

11. UTILITY SERVICES

The Area is served by piped water supply, drainage and sewerage systems, as well as
gas, electricity and telephone services. There is no difficulty envisaged in meeting the
future requirements for services and public utilities for the estimated population in the
Area. However, upgrading of the existing fresh water and salt water supply systems
will be carried out to cope with the increase of water demand for the additional
population.

12. CULTURAL HERITAGE

12.1 The site of archaeological interest, declared monuments, historic


buildings/structures graded by the Antiquities Advisory Board (AAB), and
Government historic site identified by the Antiquities and Monuments Office
(AMO) in the Area include:

(a) Kowloon Walled City Site (Site of Archaeological Interest (SAI));


(b) The Remnants of the South Gate of Kowloon Walled City (Declared
Monument);
(c) Former Yamen Building of Kowloon Walled City (Declared Monument);
(d) Ma Tau Kok Animal Quarantine Depot, No. 63 Ma Tau Kok Road
(Grade 2);
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(e) Sheng Kung Hui Holy Trinity Cathedral, No. 135 Ma Tau Chung Road
(Grade 2);
(f) Main Building, Heep Yunn School, No. 1 Farm Road (Grade 3);
(g) St. Clare Chapel, Heep Yunn School, No. 1 Farm Road (Grade 3);
(h) Tin Hau Temple, No. 49 Ha Heung Road (Grade 3);
(i) Nos. 1 & 3 Hau Wong Road (Grade 3);
(j) Eastern Cotton Mills Ltd., No. 7 Mok Cheong Street (Grade 3);
(k) No. 65 Ha Heung Road (Grade 3);
(l) No. 24 Nga Tsin Long Road (Grade 3); and
(m) Sung Wong Toi Inscription Rock (Government historic site identified by
AMO).

12.2 On 19 March 2009, the AAB released the list of 1,444 historic buildings, in
which the buildings/structures within the Area have been accorded gradings.
The AAB also released a number of new items in addition to the list of 1,444
historic buildings. These items are subject to the grading assessment by the
AAB. Details of the list of 1,444 historic buildings and its new items have been
uploaded onto the official website of the AAB at http://www.aab.gov.hk.

12.3 Prior consultation with the AMO should be made if any development,
redevelopment or rezoning proposals that might affect the above site of
archaeological interest, declared monuments, historic buildings/structures
graded by the AAB, new items pending grading assessment by the AAB,
Government historic site identified by AMO and their immediate environs. If
disturbance to Kowloon Walled City Site (SAI) is unavoidable, prior
agreement with AMO should be made on any measures for the protection of
the SAI. For example, whether detailed Archaeological Impact Assessment
(AIA) is required. The AIA shall evaluate the archaeological impact imposed
by the proposed works. If necessary, a qualified archaeologist shall apply for
a licence under the Antiquities and Monuments Ordinance (Cap. 53) for an
archaeological investigation. A proposal of the AIA shall be submitted to
AMO for agreement prior to applying for the licence. Subject to the findings
of AIA, appropriate mitigation measures shall be fully implemented by the
project proponent in consultation with AMO.

13. IMPLEMENTATION

13.1 Although existing uses non-conforming to the statutory zonings are tolerated,
any material change of use and any other development/redevelopment must be
always permitted in terms of the Plan or, if permission is required, in
accordance with the permission granted by the Board. The Board has published
a set of guidelines for the interpretation of existing use in the urban and new
town areas. Any person who intends to claim an “existing use right” should
refer to the guidelines and will need to provide sufficient evidence to support
his claim. The enforcement of the zonings mainly rests with the Buildings
Department, the Lands Department and the various licensing authorities.

13.2 The Plan provides a broad land use framework within which more detailed non-
statutory plans for the Area are prepared by the Planning Department. These
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detailed plans are used as the basis for public works planning and site
reservation within Government departments. Disposal of sites is undertaken by
the Lands Department. Public works projects are co-ordinated by the Civil
Engineering and Development Department in conjunction with the client
departments and the works departments, such as the Highways Department and
the Architectural Services Department. In the course of implementation of the
Plan, the Kowloon City District Council would also be consulted as and when
appropriate.

13.3 Planning applications to the Board will be assessed on individual merits. In


general, the Board, in considering the planning applications, will take into
account all relevant planning considerations which may include departmental
outline development plan and guidelines published by the Board. The outline
development plan is available for public inspection at the Planning Department.
Guidelines published by the Board are available from the Board’s website, the
Secretariat of the Board and the Technical Services Division of the Planning
Department. Application forms and Guidance Notes for planning applications
can be downloaded from the Board’s website and are available from the
Secretariat of the Board and the Technical Services Division and the relevant
District Planning Office of the Planning Department. Applications should be
supported by such materials as the Board thinks appropriate to enable it to
consider the applications.

TOWN PLANNING BOARD


MAY 2021

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