The Government is committed to maintaining an adequate supply of land through a multi-pronged approach, including the development of brownfield sites.  Meanwhile, operations on brownfield sites are supporting certain industries, including the construction, logistics, transportation, recycling ones, etc., which have been contributing positively to Hong Kong’s economy and job market.  Therefore, in the course of developing brownfield sites, the Government has to provide appropriate assistance to affected brownfield operations so as to minimise the impact on related economic activities arising from the clearance and development works thereon.  Specifically, when the Government resumes and clears land, the following assistance and services will be provided to eligible brownfield operators in accordance with applicable ordinances and policies:

1. Providing advisory services on planning and land administration matters relating to operators’ relocation
2. Providing monetary compensation (including ex-gratia allowance)
3. Providing government land for relocation through short-term tenancy
4. Developing multi-storey buildings for modern industries in the long run to promote industrial development and consolidating brownfield operations

The Development Bureau (DEVB) has set up a multi-disciplinary team to strengthen the support for brownfield operators who are affected by government projects and wish to relocate their businesses.  For enquiries, please contact Miss Ada CH CHAN, Planning and Lands Branch, DEVB at Tel: 3841 7286, or complete the enquiry form and send it by email to dpfo@devb.gov.hk or by fax to 2116 0109.

Enquiry Form

1.  Providing advisory services on planning and land administration matters to operators

Planning Matters

In searching sites for relocating brownfield operations, the operation concerned needs to be in conformity with the statutory planned use of the site identified.  Operators can visit Planning Department’s website - Assistance to Brownfield Operators Displaced by the Government’s Resumption and Clearance Exercises for Public Projects, or approach the DEVB's multi-disciplinary team to check whether the operation concerned is permitted in the proposed relocation site identified.

After checking the relevant land use zoning of a specific site, if planning permission is required to enable the business operation concerned, the operator should submit a planning application to the Town Planning Board (the Board) in accordance with section 16 of the Town Planning Ordinance (please see here for details about making relevant planning application).  Every planning application would be considered by the Board on individual merits having regard to relevant circumstances and other related planning considerations.

If the planning application involves Open Storage (OS)/Port Back-up (PBU) Use, the Board will make reference to the assessment criteria as set out in the Town Planning Board Guidelines No. 13G (TPB PG-No. 13G) for Application for Open Storage and Port Back-up Uses under Section 16 of the Town Planning Ordinance.  Under the Guidelines, rural areas are classified into four categories (Category 1 to 4) and it is stipulated that:

• Category 1 areas are areas considered suitable for OS and PBU uses;
• Category 2 areas are areas where planning permissions for OS and PBU uses may be granted on a temporary basis up to a maximum period of three years on sympathetic consideration, subject to no adverse departmental comments and local objections, or if the concerns of government departments and local residents can be addressed through the implementation of approval conditions.  Under the TPB PG-No. 13G revised in April 2023, the coverage of Category 2 areas has been extended through re-classification of about 320 hectares of Categories 3 and 4 land areas to Category 2; and
• To make better use of land pending eventual development within New Development Areas (NDAs), subject to policy support, sympathetic consideration may be given to planning applications involving relocation of displaced OS/PBU uses affected by government projects to sites within NDAs pending eventual development, irrespective of whether previous planning approval(s) has been granted for the sites.

Regarding the distribution of 320 hectares of land re-classified to Category 2 areas, please refer to the following simplified version of plans (only indicating Categories 1 and 2 areas and NDAs):

• Yuen Long (San Tin) and North District (Kwu Tung North and Fanling North NDA, Kong Nga Po, Hung Lung Hang, Ping Che, Man Uk Pin, Ping Kong)

• Yuen Long (Pat Heung, Shek Kong and Kam Tin)

• Yuen Long (Tai Tong, Tong Yan San Tsuen, Ping Shan, Lau Fau Shan, Hung Shui Kiu and Ha Tsuen NDA, Yuen Long South Development) and Tuen Mun (Lam Tei)

Operators may also refer to TPG PG-No. 13G with plans showing the sites under Categories 1 to 4.

Land Administration Matters

If no planning permission is required or such permission has already been secured, operators should ascertain whether the proposed relocating brownfield operation is permitted under the lease.  In this regard, the operator may approach DEVB’s multi-disciplinary team, which will consolidate all associated enquiries and referrals.  If LandsD confirms that the proposed relocating brownfield operation is not permitted under lease, the operator concerned should apply for a waiver.  LandsD will accord priority in processing the waiver applications from business operators affected by Government’s land resumption or development clearance exercises to expedite their business relocation.  The site of waiver application needs to be in conformity with the planned use of the site concerned.  To facilitate the identification of the displaced business operators from waiver application, an applicant is required to provide details of the relevant development project in the application form, and submit the waiver application to the relevant District Lands Office.  Details are at LandsD’s website – Waivers.

2.  Ex-gratia Allowance

Brownfield operators may opt for the following ex-gratia allowances (EGAs) (in lieu of any other applicable statutory compensation):

• “EGA for Shops, Workshops, Godowns, Slipways, Schools, Churches and Ornamental Fish Breeding Undertakings”: available for business undertakings operating from a surveyed/licensed structure; or
• “EGA for Open-air/Outdoor Business Undertakings”: available for business undertakings operating on private agricultural land not in breach of lease or the conditions in the relevant land instruments of private land, or on government land under short term tenancy (excluding sites let by tender).

In May 2022, we enhanced the arrangements for the EGA for Open-air/Outdoor Business Undertakings, including relaxing the eligibility criteria concerning the operation duration (from seven years preceding the pre-clearance survey (PCS) to two years preceding PCS), and removing the payment ceiling of not exceeding 5 000 square metres for open areas that could be taken into account in calculating the EGA amount.

When the relevant project is implemented, LandsD will contact the displaced brownfield operators at an appropriate time to assess their eligibility for the EGAs, and notify individual operators of the amount of EGA they may receive and the arrangements for disbursement (the EGAs are generally disbursed to operators upon departure).  In order to facilitate operators to plan for relocation arrangement in advance, LandsD has optimised the disbursement arrangement of EGAs to the effect that affected operators could apply for an early disbursement of the two types of EGAs mentioned above after LandsD posted the land resumption notice, without having to wait until the departure date.  The relevant application form could be found at LandsD’s website – Public Forms.

If the operators are also the owners of the relevant site(s), relevant compensation for the land resumed will also be provided.

For details about the EGA arrangements, please see Ex-gratia Compensation and Rehousing - Introduction Video, Pamphlet and Frequently Asked Questions.

3. Providing government land through short-term tenancy

We are striving to identify more government land suitable for letting specifically to affected brownfield operators by way of short-term tenancy through restricted tender.  We have also expanded the list of eligible brownfield operators to cover those to be affected by Government’s land resumption in the coming three years, so as to make this option available to more operators and allow them more time to prepare for the relocation of their businesses.

For information about government sites that are currently or previously put up for restricted tender, please see LandsD - Assistance to Brownfield Operators Displaced by the Government’s Land Resumption and Clearance Exercises for Public Projects.

4. Developing multi-storey buildings for modern industries in the long run to promote industrial development and consolidating brownfield operations

It is the Government’s objective in the long run to encourage brownfield operations to operate in multi-storey buildings for modern industries (MSBs), with the dual objectives of promoting development of industries and consolidating brownfield operations having regard to the benefits of cluster development to help upgrade their operations. Having considered market feedback collected in the expression of interest for the development of MSBs on the first batch of sites, we rolled out the first MSB site near Yuen Long InnoPark on 15 March 2024 for tender using the “two-envelope approach”. For details of the tender, please refer to the following links:-

• Press release
• Tender document
• Sale plan

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