Saturday 11 July Presentation by Prof. Barnabas H K Chung

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1 Saturday 11 July 2009 Presentation by Prof. Barnabas H K Chung 1

2 Disclaimer This presentation is the personal views of the speaker and does not reflect any opinion of the Hong Kong Institute of Surveyors. 2

3 Possible New Solutions as perceived by The Council for Sustainable Development 1. Sustainable Building Design Guidelines 2. Control of GFA Concessions 3. Energy Efficient Building Design and Installations 3

4 1. Sustainable Building Design Guidelines Building Design that Supports Sustainable Urban Living Space in HK By Ronald Lu & Partners

5 3. Energy Efficient Building Design and Installations Comprehensive Environmental Performance Assessment Scheme for Buildings By Ove Arup & Partners

6 2. Control of GFA Concessions Review of the Buildings Ordinance and Regulations, Cap. 123 By Barnabas H K Chung

7 Three types of GFA concession: a) Disregarded GFA [under B(P)R23(3)(b)/23A] b) Exempted GFA [under BO s42] c) Bonus GFA [under B(P)R22] GFA Concession = Increase in Development Intensity!? Q1: Is this perception correct? Q2: What s wrong with the practice? 7

8 c) Bonus GFA [under B(P)R22] since 1962 B(P)R22 allows permitted SC and PR to be exceeded in certain cases. (1) Dedication of part of a lot for public passage. (2) Acquisition of part of a lot for street widening. Allowable excess in permitted SC and PR in strict compliance with the regulation Additional development intensity 8

9 (1) Dedication [B(P)R22(1)] (a) must relate to a class A, B or C site, (b) must be set back from a lot boundary abutting a street, (c) must be not built upon to the satisfaction of the BA, (d) must be dedicated to the public for passage, (e) must have the consent of the Government. 9

10 Dedicated area = part of site [B(P)R23(2)(b)] Area of site = area of lot (including dedicated area) Bonus SC and PR = capped under B(P)R22(1)(a) and (b) = compensation for loss of G/F area 10

11 Problem 1: Instead of responding to request by Government (e.g. corner splay to improve traffic sight line, set back for widening of footpath), developers often propose to dedicate areas, not so much to meet public passage need, but to create patronage to their buildings, and very often such areas are not set back at street level, contrary to the intention and condition of the regulation. 11

12 Problem 2: Some of such dedicated areas are actually requirements under the lease conditions or imposed with town planning approvals. They do not qualify for bonus under B(P)R. 12

13 (2) Acquisition [B(P)R22(2)] (a) must relate to a lot that abuts a street, (b) must be acquired by the Government, (c) must be either by agreement or by resumption (d) must be for street widening, 13

14 Acquired area = area of street part of site [B(P)R23(2)(a)] Net area of site = area of lot acquired area Bonus SC and PR = capped under B(P)R22(2)(a) and (b) = compensation for loss of lot area (i.e., land ownership) in lieu of cash compensation 14

15 Problem: The area given up for street widening often enables the net site abutting a widened street to be developed as a class A, B or C site in accordance with the First Schedule. A PWDC decision in 1979 allowed the acquired area to be included as area of site, thus creating excessive development intensity on the net sites. 15

16 a) Disregarded GFA [under B(P)R23(3)(b)] since 1962 [under B(P)R23A(3)] since 2000 (similar provisions but relating specifically to hotels) 16

17 B(P)R20C(3) (1962) provided In determining for the purpose of regulation 20, 20A or 20B the gross floor area of a building, the Building Authority may take no account of any floor space that he is satisfied is constructed or intended to be used solely for the parking, or for the loading or unloading, of motor vehicles or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service. = Non-accountable GFA 17

18 B(P)R23(3)(b) (1987) provided In determining the gross floor area for the purposes of regulation 20, 21 and 22, the Building Authority may disregard any floor space that he is satisfied is constructed or intended to be used solely for parking motor vehicles, loading or unloading of motor vehicles or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service. = Disregarded GFA 18

19 B(P)R23(3)(b) (2000) added to used solely, or for refuse storage chambers, refuse storage and material recovery chambers, material recovery chambers, refuse storage and material recovery rooms, refuse chutes, refuse hopper rooms and other types of facilities provided to facilitate the separation of refuse to the satisfaction of the Building Authority, or for access facilities for telecommunications and broadcasting services. = additional Disregarded GFA 19

20 Purpose of discounting or disregarding GFA from PR was to encourage the provision of nonmandatory but beneficial facilities. The BA must be satisfied with 1. the construction of such facilities, which must comply with relevant standards 2. the intention of such provisions, which must be ancillary provisions to augment the functioning of the building to better serve the occupation and the use of the building 20

21 Problem 1: Areas discounted or disregarded from PR are sometimes not used or occupied solely for the purpose of their provision. 21

22 Problem 2: Since the respective enactments in 1962, 1987 and 2000, the voluntary non-mandatory provisions have become mandatory or otherwise essential provisions, any incentive to encourage their provision has become redundant. Why should such space be discounted or disregarded from PR? 22

23 Problem 3: What can or cannot be disregarded from PR and their mathematical calculations have caused much arguments and time-wasting exercises in the building plans approval process. Is it worth the effort? 23

24 d) Excess SC [under B(P)R20(3)] since 1962 B(P)R20(3) (1962) provided Subject to the provisions of paragraph (4), the site coverage for a non-domestic building, or for the non-domestic part of a composite building, on a class A, B or C site may, whatever the height of the building, exceed the permitted percentage site coverage to a height not exceeding fifty feet above ground level. 24

25 B(P)R20(3) as metricated in 1976 provides Subject to the provisions of paragraph (4), the site coverage for a non-domestic building, or for the non-domestic part of a composite building, on a class A, B or C site may, whatever the height of the building, exceed the permitted percentage site coverage to a height not exceeding 15 m above ground level. 25

26 The provision allows the non-domestic part of a building to exceed the maximum permissible site coverage as of right up to a height of 15 m. 26

27 Problem 1: The regulation does not specify the maximum excess SC and developers always claim the maximum 100% SC. This nullifies any possible separation between buildings at street level. 27

28 Problem 2: In many cases, developers claim excess site coverage even above the 15 m limit. This is an abuse of the SC parameter. Whether the BA should and has the power to allow any such abuse is questionable!! 28

29 b) Exempted GFA [under BO s42] since 1955 BO 1955 s.29(1) provided Where in the opinion of the Building Authority special circumstances render it desirable he may, on receipt of an application therefor, permit by notice in writing in the prescribed form modifications of the provisions of this Ordinance. 29

30 BO s.29(1) as amended in 1959 provided Where in the opinion of the Building Authority special circumstances render it desirable he may, on receipt of an application therefor and upon payment of the prescribed fee, permit by notice in writing in the prescribed form modifications of the provisions of this Ordinance. 30

31 BO s.42(1) as amended in 1993 provides Where in the opinion of the Building Authority special circumstances render it desirable he may, on receipt of an application therefor and upon payment of the prescribed fee, permit by notice in writing modifications of the provisions of this Ordinance. 31

32 The provision empowers the Building Authority to modify the provision of the Buildings Ordinance where he considers the special circumstances of the case renders such modification desirable, subject to No prejudice of the standard of structural stability and public health established from time to time by regulations. [BO s42(4)] 32

33 Special circumstances are situations where, owing to the position, level or unsuitable surroundings, the regulation standards cannot be strictly complied with; and where equivalent standards can be demonstrated and achieved, the BA may consider it desirable to permit a modification of the relevant regulations to allow the development. 33

34 Problem 1: Site Coverage and Plot Ratio = planning parameters standards of structural stability and public health that are established from time to time The parameters are the established Rules of the Game. Nobody has the power to change them at free will. 34

35 Problem 2: The regulations have already provided for 1. concessionary SC and PR under B(P)R22 2. disregarded GFA from PR under B(P)R23 3. excess SC under B(P)R20(3) Any additional concession or exclusion outside the statutory parameter may be ultra vires!!! 35

36 Hence, the discretion to grant exemption of certain areas from PR, even up to a capped maximum, may also be ultra vires!!! 36

37 WHAT IS THE REAL PROBLEM? The Root of the Problem is GFA 37

38 Gross Floor Area (GFA) [B(P)R23(3)(a)] = the overall area at each (above and below ground) floor level (measured up to the exterior face of the external walls of the building) + the overall area of each balcony in the building (measured up to the exterior face of the enclosing sides thereof) = a factor to determine PR = a determinant of development intensity = a planning parameter 38

39 GFA a factor in building control a factor to determine height of building [UFS] a factor to assess population density [UFA] a factor to assess means of escape [UFA] a factor to assess sanitary provisions [UFS, HS] a factor to assess refuse collection facilities [UFS] a factor to identify ownership [SA] a factor to identify occupation liability [CA] 39

40 Problems: GFA has no meaning in building control. It is basically a planning unit which helps neither the BA nor the consumers. It creates more problems than solutions. If we can drastically change Volume to PR in 1962, there should be no difficulty now to technically re-define a more suitable factor for PR which is more meaningful in building control, and affords more flexibility to achieve sustainability. 40

41 A possible solution is GROSS TENANTABLE AREA Review of the Buildings Ordinance and Regulations, Cap. 123 By Barnabas H K Chung

42 CONCLUSION: Cosmetic surgery disguises sicknesses. Must go to the root of the problem! We need a revolutionary reform! 42

43 THANK YOU! 43

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