CONCEPT OF POSPDS

DEFINITION OF PUBLIC SPACE & POSPDS

Public Space

According to the current law in Hong Kong, public place refers to any place to which for the time being the public or any section of the public are entitled or permitted to have access, whether on payment or otherwise.

POSPDs

The idea of a public space sitting on a piece of private land or development originated in 1961 when New York City introduced a zoning scheme to incentivize developers in providing one square foot of plaza in exchange for ten square feet of extra rentable or saleable floor area in the development (or one square foot of arcade for three square feet of bonus floor area). The term “Privately Owned Public Space (POPS)” was then largely popularized by the book “Privately Owned Public Space: The New York City Experience”, written by Harvard professor Jerold S. Kayden.

As far as Hong Kong is concerned, a distinctive term “POSPDs” (an abbreviation of “Public Open Space in Private Developments”) is coined to represent essentially the same idea. More precisely, it denotes an open space where the members of the public are entitled to the right of access, use, and enjoy on either:

private land within a private development; or
government land adjoining a private development.

Despite the legal ownership status of the land on which POSPDs sit, generally, POSPDs are under private management. In this sense, it is clear that the public is granted legal rights of access and use of POSPDs, whereas the ownership (if (1) is applicable) and management right reside with developers and/or owners. The provision of POSPDs strives to achieve the following objectives:

higher quality design;
optimization of land use;
better site planning;
synchronization of the availability of open space and the community needs arising from developments;
serve as a quality leisure and recreational space; and
improve Hong Kong’s living environment.

Public Green

The characteristics of Public Green include extensive green coverage and soft landscaping for leisure activities. To be defined as a Public Green, it is advised by the Development Bureau that the POSPD shall be of a minimum of 500 sq m and the green coverage should be at least 50%.

Plaza

A Plaza is usually a public space with a vibrant atmosphere catering for public purposes such as communal gathering and programmed events (e.g. exhibitions, workshops, etc). To be defined as a Plaza, the place should be highly visible as in location and highly flexible as in uses. Similarly, it is advised by the Development Bureau that the POSPD should be of a minimum 500 sq m and the green coverage should be at least 30% to be regarded as a plaza.

Courtyard

The purpose of a Courtyard is similar to that of a Plaza, except that it is less dynamic and hence serves mostly socializing purposes with occasional small scale programmed activities. For its area, it is advised to be at least 200 sq m and the green area should be at least 30%.

Pocket Space

A Pocket Space refers to a space that is relatively small and casual. It may serve as a place for people to rest, chit-chat, or casually gather. As advised, the minimum area should be at least 100 sq m and the green coverage should be higher than 30%.

Promenade

A Promenade is a place that provides passive recreational facilities. It should be equipped with frequent seatings or resting areas for every 50 m.

COMMON SPATIAL TYPES OF POSPDS

COMMON ACTIVITIES AT POSPDS

Always Permissible Activities

It covers most of the day-to-day activities which are passive in nature, such as walking, relaxing or resting, socializing, waiting or killing time, and eating. Given that the nature of the activities does not constitute any disturbance to other users and the POSPD itself, they are generally regarded as always permissible activities.

Non-commercial and/or Charitable Activities

In essence, both “non-commercial” and “charitable” activities are free-of-charge activities. Even so, when carrying out such activities at POSPDs, lease conditions or the terms of the Deed of Dedication shall be complied with, or else the owners (of POSPDs) shall apply to the Buildings Department or the Lands Department for prior approval.

Commercial Activities

Contrary to the “charitable activities” above, commercial activities are intended to generate profits. In this case, the owners (of POSPDs) must apply to the Buildings Department or the Lands Department for permission before carrying out any commercial activities. When processing the application, the said Departments often consider whether the proposed commercial activities will impose blockage to public usage, its technical feasibility, and whether bonus GFA has been granted to the concerned POSPDs. Under normal circumstances, the area dedicated to commercial activities shall not exceed 10% of the total area. When approved, a waiver fee is payable by the applicant.

In fact, POSPDs essentially serve the same purpose as a public space despite its underlying provision, ownership, and management basis being dissimilar. In this section, the desired qualities of public space are explored as a proxy of that of POSPDs.

According to the Project for Public Spaces, an ideal public space shall be capable of delivering the following attributes:

access and linkages;
comfort and image;
uses and activities; and
sociability.

DESIRED QUALITIES OF PUBLIC SPACE

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