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Acknowledgements
The authors acknowledge the funding support for the research for this work provided to the first author under the Public Policy Research Funding Scheme – Grant No. HKU 7023-PPR-2. They are indebted to the useful comments and advice on this article by two anonymous referees. All faults are the authors.
Notes
1. This is ascertained by an electronic keyword search for the expressions, ‘planning condition’ and ‘development control’, using the authors' institutions' e-library system. There are professional reports (for instance Sheffield City Council, Citation2007), but these are not theoretical.
2. A good example is the landscaping condition (Morgan & Nott, Citation1995; Collar, Citation1999, Citation2001; Planning Department, Citation2004).
3. A example is the requiring of such off-site improvements as a footbridge, which is not easy to implement through a land lease (Callies & Kotaka, Citation2002). The footbridge, as will be discussed later in this article, is a major issue in planning conditions compliance in Hong Kong.
4. For instance, when a factory is adjacent to a residential development, a possible condition would be to require the factory owner to adopt noise mitigation measures (Collar, Citation2001).
5. Chapter 131, Laws of Hong Kong.
6. Chapter 123, Laws of Hong Kong.
7. As the relevant law and procedures involved are very complicated, this account is a gross simplification of them. For details, see Lai et al. (Citation2004).
8. Although Section 4A(2) of the Town Planning Ordinance stipulates that, ‘An applicant may be required by the Board to prepare a master layout plan and submit it to the Board for approval’, the preparation of a master layout plan is in practice mandatory as a MLP is always stipulated in the Remarks for a Comprehensive Development Area Zone in the ‘Notes’, which form part of the plan. Indeed, the requirement for the preparation of a master layout plan appears in the ‘Master Schedule of Notes to Statutory Plans’, which serves to provide a general framework for preparing and revising the ‘Notes’ of Outline Zoning Plans.
9. Chapter 219, Laws of Hong Kong.
10. This was the year the Planning Department was established as a department independent of the Lands Department. The first Director of this Department was Mr Robert Upton, an Administrative Officer.
11. This happened on 20 April 2005 and 4 May 2005. No government department did anything to address the question and there has been no study or report on the matter.
12. See note 8.