DMC寫咗大業主要比錢起有蓋行人通道但冇做, 地政總署話 master plan 無就唔使做, 誰人失職審批 DMC 及 master plan 搞到火炭一帶居民18年來日晒雨淋?
DMC Page 3:
Covered Walkway means the covered walkway between the Development and Fo Tan Railway Station;
“Development” means the whole of the development erected or to be erected on the Lot including without limitation the Residential Accommodation, the Commercial Accommodation, the Kindergarten, the Government Accommodation, the Residential Car Parking Areas, the Retained Areas, the KCRC Complex and the Common Areas and Facilities known as or intended to be known as “ROYAL ASCOT (駿景園)”;
DMC Page 41:
17. Notwithstanding anything herein contained and for the avoidance of any doubt, the management expenses payable by the Owners in accordance with this Deed shall not include :-
(a) Any sum attributable or relating to the cost of completing the construction of the Development or any part thereof or any of the Common Areas and Facilities therein or the Public Open Space, the Paved Way, the Future Public Roads, the Covered Walkway and the Public Footpath or the Government Accommodation or any part thereof all of which sums shall be borne solely by the First Owner;
DMC Page 22:
(l) The right to construct, and, where the Owners and the Manager have defaulted to do so, to repair, maintain, alter, demolish and remove the Public Open Space, the Paved Way, the Future Public Roads, the Covered Walkway and the Public Footpath subject to the Conditions.
Background Information on Provision of Public Facilities within Private Developments . . . . . .
2. The provision of public facilities within private developments for public use may arise under the following circumstances –
(a) land sale – Bureaux / Departments may propose the inclusion of such facilities to meet public needs;
(b) land grant and private development / redevelopment (involving planning permissions and lease modification / land exchange) –
(i) Bureaux / Departments may propose the inclusion of such facilities to meet public needs; or
(ii) Developers may propose such facilities in their planning applications to the Town Planning Board (TPB). Such requirements may subsequently be imposed as planning conditions by the TPB in approving the planning applications. For development within a “CDA” zone, planning applications to the TPB will need to be made in the form of a Master Layout Plan (MLP). The TPB will impose conditions in approving a MLP.
Such requirements are translated into the lease conditions if this is practical (say the development is the subject of a new or modified lease).