Article 3.48 Urban Development Plan

(a) (1) For each ICT, the Administration shall establish and maintain is creating an Urban Development Plan as the primary planning and development control instrument of the ICT.

1. (2) The Urban Development Plan may specify, regulate, incorporate, or reference matters relating to:
2. the spatial structure of the ICT, including the layout, hierarchy, and dimensions of streets, public spaces, access corridors, and rights of way;
3. the subdivision of land into districts, blocks, plots, parcels, public areas, and infrastructure areas;
4. (iii) areas reserved for infrastructure, utilities, public facilities, open space, natural features, conservation, or other shared or strategic purposes;
5. the permitted uses of land and buildings, including any required or permitted mix of uses;
6. the permitted intensity of development, including footprint, floor area, floor area ratio, height, density, massing, and site coverage;
7. the relationship of buildings to streets, public spaces, neighbouring properties, and each other, including setbacks, build-to lines, access, frontage, privacy, overlooking, and distances between buildings;
8. environmental, safety, and performance requirements, including emissions, hazards, drainage, waste, energy, noise, light, vibration, reflection, conservation, and resilience; and

9. requirements, rules, or guidelines for the external design, character, materiality, landscape interface, and visual quality of buildings and public areas.

   (c) The Urban Development Plan may distinguish between binding urban rules, development parameters, technical standards, and non-binding guidelines. Unless expressly stated otherwise, urban rules, development parameters, approvals, parcel-specific conditions, and incorporated technical standards shall be binding, while guidelines shall guide interpretation, design review, and discretionary assessment.

   (d) The Urban Development Plan may incorporate or reference additional frameworks, parcel-specific parameters, design guidelines, engineering standards, infrastructure requirements, construction compliance requirements, or other technical standards.

   (e) The Urban Development Plan may designate areas that are less regulated, experimental, temporary, adaptive, or subject to special development rules.

   (f) The Urban Development Plan may include further provisions serving the orderly, flexible, and sustainable development of the ICT.

   (g) The Administration may update, vary, replace, or supplement the Urban Development Plan from time to time. Rights attached to existing buildings or approved developments that were lawfully established or approved under a previous Urban Development Plan shall be preserved to the extent provided in this ICT Code, the relevant approval, or any applicable transitional provision.

   The Urban Development plan specifies:

The building areas and areas for ancillary facilities,

The permissible type of building use,

The permissible extent of building use in terms of footprint, floor area, and/or height,

The distances between buildings,

The permissible emissions in a building zone, and

Requirements for the external design of buildings.

(3) The urban development plan may designate additional areas for infrastructure measures and areas which are less regulated or open for experimentation.

(4) The urban development plan may include further provisions serving the development of the city.

(5) The Administration may update and change the Urban Development Plan from time to time. The rights of owners of existing buildings that have been built on the basis of previous Urban Development Plans are grandfathered.
Article 3.49 Existing Building Rules and Guidelinesights

1. Construction, alteration, renovation, demolition, or other building works within the ICT shall be permitted where they comply with the applicable Urban Development Plan, any binding urban rules, parcel-specific parameters, structural and fire safety requirements, and any applicable supplementary instruments.
2. Unless otherwise required by this ICT Code, the Urban Development Plan, or the Operator, no separate building permit shall be required where the proposed works comply with the applicable requirements referred to in paragraph (a).
3. Before commencing works, the property owner shall notify the Operator of the proposed works in the manner prescribed by the Operator and shall provide reasonable evidence of compliance, which may include plans, technical drawings, declarations, or certifications by suitably qualified architects, engineers, consultants, or other competent persons.
4. The Operator may, within a period specified by Supplementary Instrument, object to the proposed works, request further information, impose reasonable conditions, or require prior approval where the Operator reasonably considers that the works may not comply with the applicable requirements or may materially affect neighbouring properties, public areas, infrastructure, safety, or the orderly development of the ICT.
5. A property owner may request prior approval from the Operator for any proposed works where the owner wishes to obtain certainty before commencing construction.
6. Any material deviation from the Urban Development Plan, binding urban rules, parcel-specific parameters, structural or fire safety requirements, or approved plans shall require prior approval of the Operator.

7. All construction sites shall be managed in a safe, orderly, and responsible manner, including with respect to worker safety, public access, pedestrian protection, waste and rubble management, noise, working hours, temporary facilities, traffic impacts, and protection of neighbouring properties and public areas.

   (h) The Operator may issue supplementary instruments setting out detailed procedures, forms, certification requirements, objection periods, safety standards, site-management rules, neighbour notification procedures, and other requirements for the implementation of this Article.

   (1) Construction is permitted within the framework of the existing Urban Development Plan.

   (2) No permit is required if the Urban Development Plan is adhered to. In such case, the property owner is obliged to notify the Operator about the construction project and demonstrate compliance with structural and fire safety regulations.

   (3) Deviations from the provisions of the urban development plan require the prior approval of the Operator.