The System of Urban Land Policies in Hong...

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1 by Dr Edward CY Yiu Associate Professor Dept of Geography and Resource Management, Chinese University of Hong Kong ARCH 4721 Land and City, CUHK 22 Oct 2014 The System of Urban Land Policies in Hong Kong - How land policies and regulations shape the urban form

Transcript of The System of Urban Land Policies in Hong...

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by Dr Edward CY Yiu Associate Professor

Dept of Geography and Resource Management, Chinese

University of Hong Kong

ARCH 4721 Land and City, CUHK

22 Oct 2014

The System of Urban Land Policies in Hong Kong

- How land policies and regulations shape the urban form

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Net Benefits of Urbanization Conditioned by the Institutional Framework

The net benefits of urbanization are

conditioned by the institutional framework

within which cities operate.

• Where there is effective representative

government;

• Where there is a dynamic market

economy;

• Where the rule of law is upheld and

• Where civil society is independent

from the state,

The benefits of a dense population

overwhelm the costs.

Urban Forms are shaped by Institutional

Framework!

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Political and Economic Institutions Determine Development Form

Gisenyi in Rwanda,

orderly street, taxis,

electricity and water

Goma in Congo, no

electricity, water or

basic services

Why Nations Fail uses the large differences in income borders as a way of showing

dramatically how changes in institutions can lead to large differences in prosperity.

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Different Urban Policy, Different Urban Form – Case 1

• One City, Two Systems

– One of the densest

settlements in the world

– A pre-colonial town within

a colonial city

– Kowloon City - the

world’s greatest informal

settlement (unplanned)

– The history: http://kwunchungbattle.wikia.com/wiki/Kowlo

on_Walled_City

– http://www.urbanphoto.net/blog/2011/01/08/

whats-left-of-the-kowloon-walled-city/

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Case 2: A Pre-Colonial Village in a Post-Colonial City

• One City, Two Systems:

– One of the earliest indigenous village in Hong Kong, which still exists;

– It is not in the New Territories, but on the Island, i.e. NOT small houses.

– Low-rise high-dense organic urban form? Why?

Pokfulam Village from 1868 to 2013

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Urban Forms of HK

• High Rise and High Dense; • Verandah and Balcony; • Podium and Tower; • Bay Window and Scissor Staircase; • Link Bridge; • Unaffordable.

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Why High Rise High Dense?

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Land Use Distribution HK 2012

Use (用途) %

R (住) 6.9%

I/C (工商) 2.7%

G (綠) 66.6%

AGR (農) 6.1%

GIC/O (政/空)

4.5%

http://www.pland.gov.hk/pland_en/info_serv/statistic/landu.html

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HK Cityscape: A Dim Sum Urbanism

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Contrast Low Density

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2010 SIN 2012 HK

Res. 10,000 (14%) 9,760 (9.5%)

Ind./Com. 9,700 (13%) 2,300 (2.1%)

Green 5,700 (8%) ~73,000 (66%)

GIC 5,400 (8%) 3,700 (3.5%)

Total 71,000 109,200

Total Land Use Area (ha) SIN v HK

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Country/ city

GDP per Capita

Ave. Living

Area (sf)

Per Person

(sf)

US 51,704 2,476 ~800

Taiwan 38,357 1,119 ~370

SIN 60,799 1,044 323

Tokyo 35,855 667 ~220

Shanghai 9,055 560 194

HK 50,936 452 161

Ave per person living area of HK = 0.5 of SIN

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Modest overall density,

but very high urban

density of HK.

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Because the

average

density, not

urban

density, is

considered

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Innovations by Institutional Forces

Scissor staircases are an effective design

strategy to minimize common

areas (core) and thus maximize

residential (saleable) area.

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Institutional Force: Density Control

• Tall buildings are

encouraged by

regulations:

– S.19-23 Building (Planning)

Regulations (BPR)

– Plot ratio increases with building

height, but

– Site coverage decreases with

building height.

Each floor area

= 720sm

Site area = 1,000sm

Ht = 18m, pr = 4.3, sc = 72%

Site area = 1,000sm

Ht = 75m, pr = 10, sc = 40%

6-storey

OR

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Ht

Domestic buildings Non-domestic buildings

Percentage site

coverage Plot ratio

Percentage site

coverage Plot ratio

Class

A

site

B C

Class

A

site

B C

Class

A

site

B C

Class

A

site

B C

<= 15 m 66.6 75 80 3.3 3.75 4.0 100 100 100 5 5 5

>15 m <=18

m 60 67 72 3.6 4.0 4.3 97.5 97.5 97.5 5.8 5.8 5.8

>55 m <= 61 m

34 38 41 6.8 7.6 8.0 60 62.5 65 12.2 12.5 13.0

....

Over 61 m 33.33 37.5 40 8.0 9.0 10.0 60 62.5 65 15 15 15

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Height Control by Other Regulations

Authority Height Control

Land Lease Condition Can be modified by paying land premium

Town Planning Ordinance :

BHR

BHR should allow owners to develop their

properties to the permitted level of intensity

(protecting property rights)

Other height restrictions of

TPO

TST East, Kowloon Tong Garden City, Houses on

the Peak, Stanley …

Small House Policy

(BO(ANT)O)

3-storey of 750sf each

HK Airport (COO) Ordinance Tung Chung, Kowloon East (bef 1997), …

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Why Verandah and Balcony?

Urban

Policies

Specific Descriptions

GFA

Concessions

Projections over public street

Street

Lighting

A Tapered City

http://ecyyiu.wordpress.com/2013/09/20/so

me-history-of-building-codes-of-the-

us/comment-page-1/#comment-3600

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23 Shanghai Street before WWII

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Pre-War Tong Lau

• Tong Lau 唐樓(Chinese

Tenement or shophouse) is

NOT Chinese architecture;

• but a Cross-over between

European and Asia Pacific

Style

– Veranda 走馬騎樓;

– Columns on street 臨街柱子;

– Blocks in row 排樓格式;

– T-shaped floor plan 工字型

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GFA Concession

• BO s.31 Projections on or over

streets – no building or other

structure shall be erected in,

over, under or upon any portion

of any street …

• But by Schedule G of BO 1935

(or earlier versions), verandahs

and balconies are exempted

from this restriction;

• The first gfa concession (發水)

in Hong Kong.

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Verandahs and Balconies

Regulations BO 1903, s.134 –

s.134: No encroachment shall be made on, over or into

unleased Crown land by any verandah or balcony, or by

any area, or by any structure whatsoever –

1.Unless with the previous consent of the Governor; and

2.Until the applicant for leave to make such

encroachment shall have previously signed an

undertaking in the form contained in Schedules E or F;

and

3.Unless subject to the regulations contained in Schedule

G or such other regulations as may be in force; and

4.Unless the building to which such verandah, balcony,

area or structure appertains shall comply in all respects

with every provision of this Ordinance.

s.137: No verandah shall, except with the consent of the

Governor in Council, be hereafter projected over any

street, whether public or private, which is less than 50 feet

in width.

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Little Veranda 小飛騎

• Narrow street -> narrow

balcony

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Why Round Corners Tong Lau ?

• Maximize the projection over

street (concession);

• When the street is round corner, it

results in a round corner building

form.

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天階騎樓 Street Light Veranda • Street Lighting Requirement

「銀燭秋光冷畫屏,輕羅小扇撲流螢。天階夜色涼如水,坐看牽牛織女星。」[唐•杜牧《秋夕》] 「天階」不是登天之梯,而是「天井」[王亭之《廣府回憶》]

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Post-War Tong Lau • More advanced reinforced

concrete technology:

– Balcony 陽台;

– Cantilevered (no columns on

street) 臨街無柱;

– Blocks in row 排樓格式。

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Why Tapered?

• High-rise, no natural lighting

• BO 1935

– 75 degree to horizontal

– Protect street shadow

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Why Tapered?

• New York Zoning Regulations,1916:

– Set back, FAR, Skyscrapers

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Why Podium and Tower?

Cake and Candles

New York “Wedding Cake” without candle?

Hong Kong “Birthday Cake” with

Candles 蛋糕蠟燭

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Why Podium and Tower?

• BPR 1976:

• S.20(3): 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.

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HK: A City of Bay Windows

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Why Bay Windows?

• PNAP 68

• Projections in relation to

site coverage and plot

ratio

• if projections are not at a

floor level, or potential

floor level, and do not

dominate the face of a

building, measurement

as accountable gross

floor area is not required

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Facades Changes

• Verandah (bef 1945),

Balcony (bef 1970), Bay

Windows (1980s),

Green Balcony (2000s),

AVA Big Hole (2010s)

• (騎陽窗露洞)

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Floor Plans Changes

• I, II, T, # (一二工井) – I-plan before 1894 (Bubonic Plague);

– II-plan after 1894: separate 2 blocks by a back lane;

– T-plan after 1903: provide 2 yards to further enhance

natural lighting and ventilation;

• then a longer T due to the requirement of 2 exit staircase;

– #-plan after 1969: without veranda concession, twist 8-T

into a circle makes a #. Yards become re-entrants;

– Then, SARS in 2003, spread by re-entrants, but ...

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Renaissance City (Y. Asihara)

A: 240 x 340m;

B: 270 x 340m,

C: 180 x 340m

• Street form of the city: every 100m block accommodates about 20+ repeating balconies in harmony.

• Uniform height (H) of about 15m, even less than street width (D), D/H>1.

• Asihara(1983) Renaissance City

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Why Link Bridges?

• S.22 BPR

• Surrender of land

for public

passage;

• Bonus GFA = 5 x

surrendered area

or less than 20%

of the permissible

plot ratio;

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Why Public Facilities in

Private Developments?

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• Public Open Space in

Private Developments;

• Public Transportation

Terminals under Private

Developments;

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Public Infrastructure at No Cost

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• Nominal land premium

– BOT

– BOOT

– PPP

See

http://ecyy.weebly.com/uploads/1/2/9/3/12935669/hulu_talk_on_ppp_jun_201

3.pdf

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By Consequences

High Rise, High Density

Little Land Supply, Regulation Encourages

High Land Price

Veranda and Balcony Concessions Extra Profits of Developments

Street Lighting, Lane, Yard

Diseases Tapered Form, Street Form

Podium and Tower Regulation Encourages Cake and Candle

Link Bridge, Concessions Extra Profits of Developments

Public Space in Private Dev.,

Privately Built Infrastructure

Lease Conditions, PPP

Govt Saves Money

All Are About Money!

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Urban Policies & Urban Forms

Economic Efficiency

Social Equity Environmental Sustainability

Technopolis

Anthropopolis Ecumenopolis Technopolis: constellation of massive

transportation, telecommunications,

and information networks to move

goods, people, and information to

achieve high economic efficiency.

HK

Sui, D.Z.

http://www.ncgia.ucsb.edu/conf/BALTIMORE/auth

ors/sui/paper.html

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The Most Expensive Apartment in the World?

• The Opus

• Frank Gehry-designed;

• (6,683 square foot);

• HK$455 million in 2012;

• i.e. HK$68,000 psf. (US$8,700 psf)

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Land (for all uses)

Private Housing Units to be built

Bef 1997 < 50 ha Ave. 26,000

2011/12 36.8 ha 9,450

2012/13 30.2 ha 10,150

2013/14 25.8 ha 13,550

Target - 20,000

Restrictive Land Supply

See Peng, R. and Wheaton, W.C. (1994) Effects of Restrictive Land Supply

on Housing in Hong Kong: An Econometric Analysis, JHR 5(2), 263-291

http://content.knowledgeplex.org/kp2/img/cache/kp/2438.pdf

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Change of Use

Consequences

Planning Control

s.16 application

New Supply is limited to New Development

Lease Control

Land premium

Negotiation, government becomes an investor

Building Control

Prescriptive codes

Rigid and difficult to be adapted to other uses

Env. Control

Impact assessments

Tedious and expensive

Development Control Further Limits Land Supply

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Development Control Further Limits Land Supply

• Glaeser et al. (2005) argue that the limited supply

response primarily is the consequence of an

increasingly restrictive regulatory environment.

• Wong (2013) contends that the government failed to

convert in time the industrial zoned land to commercial

/ residential zone, is one of the major reasons of

insufficient housing supply in HK.

See Wong, R.Y.C. (2013) 香港深層次矛盾,中華書局

Glaeser, E.L., Gyourko, J. and Saks, R. (2005) Why is Manhattan So Expensive?

Regulation and the Rise in Housing Prices, Penn IUR Publ.

•Glaeser, Edward, and Gyourko, Joseph. The Impact of Zoning on Housing

Affordability. Economic Policy Review 9, No. 2 (2003): 21–39.

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Why Expensive?

Urban

Policies

Specific Descriptions

Monetary

Policy

Money supply is externally

determined - negative real

interest rate causes high

property price

Land Supply

Policy

Land supply is monopolized -

restrictive land supply

Development

Control Policy

Development control is

fragmented and rigid –

inflexible to meet market

changes

Monetary Policy

Land Supply Policy

Development Control Policy

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Systems of Urban Land Policy HK

Systems of Urban Land Policy HK – Economic Efficiency

Monopolized land supply

Monopolized housing supply

Policy and Regulations Enforcement

Monopolized Money Supply

BANKS

/ HKMC Monetary

Policy

- Currency

peg Negative Real

Interest Rate

Private

Housing

Market

HOS (by

lucky draw)

PRH (by

queuing)

Leasehold

Land Policy – high land price,

short tenure, premium system

Discretions

and

Concessions

Housing Policy – high price, high

dense, profit from concessions

Development Control Policy –

Discretionary & Market Oriented

High Income, Low

Expenditure

Self-funded

Infrastructure and amenity

subsidized by land grants

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The End

comments are welcome. Enquiries to:

[email protected]