The Town Planning Board published HKR’s latest update to the application to rezone Area 10b on 24 February. The deadline for comment is 17 March. The applications for Area 6f and 10b will be heard together by the TPB on 28 April, 2017.

According to HKR’s consultant for the project, Masterplan Limited, the outstanding issues are “technical engineering details” that can be addressed during the detailed planning stage. Masterplan urge the TPB to approve the application.

However, none of the concerns raised by the small owners of Discovery Bay in respect of their rights under the Deed of Mutual Covenant have been addressed. This may be due to the fact that it is extremely rare for a developer to apply to the TPB to redevelop a lot that is subject to a DMC. It is simply not possible to change land use and development density under other DMCs in Hong Kong. Neither the government departments nor the TPB have guidelines and procedures in place to deal with the important issues involved.

Such issues include:

• the contractual rights of all small owners to Area 10b as the Service Area for the development under the DMC;
• the contractual rights of Parkvale Village owners in respect of the Passageways in their village (which has read-across implications for the Passageways in other villages in DB);
• the number of undivided shares allocated to all existing developments on the lot, and the number available for allocation to Areas 6f and 10b (after factoring in the golf course and reservoir developments, as well as the coming developments in DB North that are already approved under the existing Outline Zoning Plan);
• the under-allocation of management units and undivided shares to recent developments in DB, leading to improper charging for the common expenses of the lot and enabling HKR to retain more undivided shares than it is entitled to under the DMC. These extra undivided shares can be used to further expand the development on the lot; and
• the cost implications of HKR’s plan to install completely new potable water and sewage systems dedicated to serving Areas 6f and 10b. The DMC does not allow costs incurred solely by new developments to be charged to existing owners, but the 6f and 10b owners will need to contribute to the cost of running the existing infrastructure in DB, including the existing water and sewage network.

None of these issues have been addressed. How can our rights as small owners be protected?

HKR’s latest submission is available for download in three parts:

Part 1, covering a summary of changes since the last submission; response to comments from government departments; and air ventilation assessment.

Part 2, covering additional detail on the air ventilation assessment and part of the revised environmental impact assessment.

Part 3, covering the remainder of the revised environmental impact assessment. At the end of this section is a comment on the sewage treatment plan.

This time, comments are open on Area 10b only. However, many issues are similar across 6f and 10b. Hence, if you wish to provide further comment with respect to Area 6f in light of the papers submitted to the TPB for the meeting on 17 February, simply rephrase them for the Area 10b application.

Submit New Comments on Area 10b Proposal

(Scroll down to the bottom of the page, and click on “Make New Comment”.)

You may also submit comments direct by email to tpbpd@pland.gov.hk, with Y/I-DB/3 in the subject line.

The Area 6f application was submitted to the Town Planning Board on Friday, 17 February, and was deferred yet again.

Area 10b was not on the agenda, as HKR has submitted new material that will be the subject of another round of public consultation starting Friday, 24 February. Once again, we will have three weeks to comment. Both Area 6f and 10b are scheduled to come back to the TPB for a decision on 28 April, 2017.

Area 6f was deferred at the request of Planning Department and over the strong objection of HKR, which wanted the application to be put to the TPB for approval. However, Planning Department argued that both 6f and 10b should be heard together, and the TPB agreed.

As a result, we have a very valuable set of background papers, providing an insight into the views of all government departments on the Area 6f proposal. Everyone who cares about the future development of Discovery Bay should read these documents carefully, and use the lessons learned to comment on Area 10b when the next round is announced.

The new Area 10b submission will be uploaded here next week, after the TPB launches the Round 5 public consultation on 24 February. Meanwhile, the Area 6f documents submitted to the TPB  for consideration at the 17 February meeting are available now:

Planning Dept Submission for Meeting on 17 Feb, 2017

Appendices, including HKR’s Response to Comments

Planning Dept Request for Deferral

Masterplan Objection to Deferral