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:
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.
(Scroll down to the bottom of the page, and click on “Make New Comment”.)
You may also submit comments direct by email to email@example.com, with Y/I-DB/3 in the subject line.