The Planning Department today announced that the Town Planning Board (TPB) maintains the decision to amend zoning of a 9.5-hectare site at the northernmost part of Fanling Golf Course's Old Course from "Residential (Group A)” to "Undetermined" temporarily.

The announcement came after the TPB completed deliberation on the further representations on the proposed amendment to the draft Fanling/Sheung Shui Extension Area Outline Zoning Plan.

Having considered thoroughly 1,903 further representations, oral submissions of about 60 attendees in a three-day hearing as well as views and responses of the Planning Department and relevant departments, the TPB arrived at the decision after discussion this afternoon.

The TPB said it is aware that the Golf Club had lodged a judicial review against the Director of Environmental Protection's decision to approve with conditions the Environmental Impact Assessment related to the draft outline zoning plan and that the Court had granted an interim stay on this decision.

But the board also noted that the Civil Engineering & Development Department (CEDD) can go ahead with the review on the layout and development intensity of the proposed public housing development at the site in accordance with the relevant approval conditions under the decision.

The TPB has adopted a cautious approach in considering the further representations, taking into account the relevant content in the court's decision. It also noted that the court's decision on the interim stay did not legally prevent it from proceeding with the hearing and submission of the draft zoning plan to the Chief Executive-in-Council.

After thorough discussion, the TPB said it considers the "Undetermined" zoning for the site appropriate at this stage because such land use zoning serves as a transitional arrangement and does not determine the site’s permanent use.

It allows the CEDD to conduct the review with flexibility to cater for possible outcomes of the judicial review while providing appropriate planning control on the site during the interim period, the TPB added.

The draft zoning plan will be submitted to the Chief Executive-in-Council for consideration before the statutory time limit of November 30.

Acknowledging that the long-term use of the site would only be confirmed upon completion of the CEDD's review and the judicial review proceedings, the TPB said any further rezoning of the site in future would be processed in accordance with the Town Planning Ordinance.

Additionally, the public will have the opportunity to submit representations, it added.