HOUSING AND DEVELOPMENT BOARD ESTATES (Management of common property by Town Councils)

Mr Chiam See Tong asked the Minister for National Development whether he will consider introducing legislation to amend the Town Councils Act to give Town Councils a completely free hand to manage, control and improve the common property of Housing and Development Board estates.

The Minister of State for National Development (Mr Lim Hng Kiang) (for the Minister for National Development): I am answering on behalf of the Minister for National Development.

The Town Councils Act already provides the Town Councils with the necessary powers to carry out their functions. The Town Councils Act allows Town Councils to control, manage, maintain and improve the common property of the public housing estates under their management.

Town Councils can decide how best they wish to run the housing estates. For example, they can determine the level of services they wish to provide, and the amount of service and conservancy charges they want to levy. They have the authority to make by-laws to regulate and control the use and enjoyment of the common property. They can also carry out improvements to the common property, such as installing playgrounds, covered walkways, barbecue pits, and so on, which meet the requirements of the relevant authorities and which have the landowner's consent.

My Ministry, therefore, does not see any need to amend the Town Councils Act at the moment.

Mr Chiam See Tong: Sir, the experience of the Potong Pasir Town Council is not in consonance with the answer given by the Minister. We have letters from the HDB telling us specifically ---

Mr Speaker: Order. Mr Chiam, ask your question.

Mr Chiam See Tong: I have to put these preliminary facts before I can ask the question.

Mr Speaker: You are not allowed to make a speech. Could you go direct to your question?

Mr Chiam See Tong: If what the Minister said is true in regard to common property, why is it that the HDB insists that we write to them for any improvement which we intend to make in Potong Pasir?

Mr Lim Hng Kiang: Mr Speaker, Sir, there are several reasons why any improvement needs the HDB's consent. First, HDB flats are owned by the lessees. HDB continues to own the common areas. The Town Council only manages the common areas on behalf of the owner, ie, the HDB. So if the Town Council wants to make any improvement to the common areas, the Town Council has to apply to the HDB for the landowner's consent.

The second reason why the Town Councils have to apply to HDB is that the Town Councils have to meet certain planning requirements and planning standards. HDB has been delegated certain powers by the Planning Department to oversee the planning provisions in the HDB estates.

The third reason is, as the engineering authority delegated by the Building Control Division, HDB must also satisfy that any improvement that the Town Council wants to do will not affect the structural safety of the HDB blocks.

Mr Chiam See Tong: Sir, despite municipal approvals, why is it that the Potong Pasir Town Council still needs to get clearance from the HDB in regard to planning and other factors? Why do we still need to get the consent of the HDB to make improvements to the common property?

Mr Lim Hng Kiang: I think the Member for Potong Pasir did not understand my answer. Basically, the Town Councils are managing the estates on behalf of the owner. The Town Councils do not own the common property. So when you want to do something, obviously you have to seek the consent of the owner. That is the first reason. You are only managing the common property, you are not the landowner of the common property.

The second reason is, as I have explained, you have to meet certain planning requirements and HDB will also evaluate the planning requirements and planning standards. HDB also evaluates the structural safety. If the Member has problem with any particular facility that he wants to implement in Potong Pasir and has not got approval from HDB, he can write to the Ministry of National Development and we will consider his request.

Members may like to know that most of the requests which he has put up have been approved - barbecue pits, sheltered pedestrian walkways, town signboards, residents' corner, multi-purpose court, and even a swimming pool, which he asked for, have been approved by the HDB, as the landlord. But if these are not implemented on the ground, do not blame the HDB.

Mr Chiam See Tong: Sir, I have already mentioned that we have difficulty in getting approval. We do not agree with what the Minister has said. Recently, the Prime Minister has announced that Town Councils should play a bigger role. Now, if the HDB ---

Mr Speaker: Order. Mr Chiam, please learn to frame your remarks in the form of a question. Could you go direct to your supplementary question?

Mr Chiam See Tong: Is the Minister willing to allow Town Councils to play a bigger role without, every now and then, having to get consent from the HDB in running the Town Councils? If so, is he willing to give the Town Councils a completely free hand to do so?

Mr Lim Hng Kiang: I have answered the question. HDB and the Ministry of National Development are not prepared to give the Town Councils a completely free hand where it interferes with the rights of the landowner. The Town Council has got a completely free hand to raise the SC and CC charges.

Mr Chng Hee Kok (Tampines GRC): Sir, will the Minister of State confirm that several Town Councils have implemented improvement projects in their towns and that Mr Chiam is only using this as an excuse for not taking these projects off the ground?

Mr Lim Hng Kiang: I not only confirm that but I am prepared to give a long list of the things which the Potong Pasir Town Council has requested for and they have been approved. As I rattled off just now, there were barbecue pits, sheltered pedestrian walkways, signboards, residents' corner, multi-purpose court, swimming pool, widening of footbridge, security grilles. I can go on, but I would not want to embarrass him by stating the status of the implementation. So there is no problem in getting approval from HDB, as the landlord. All the other Town Councils go through the same procedures. They have got the permission very promptly and they executed their improvements.

Mr Chiam See Tong: If the Minister is right, does he not realise that the permission given to build a creche at Block 139 of Potong Pasir Estate has been revoked by the HDB?

Mr Lim Hng Kiang: If the Member is referring to the child care centre that the Potong Pasir Town Council has put up, child care centres are provided by the private sector and HDB, as the landowner, generally disallows child care centres to be put up in the void decks. The particular case in Block 139 has been given approval by HDB. It has not been revoked. HDB has informed the Potong Pasir Town Council that another urgent requirement has come up and that the child care centre will be put up in a year's time.

Mr Chiam See Tong: Since the Minister is in front of me, I would like to ask him which alternative site has the HDB given to the Potong Pasir Town Council to build a creche that has been refused permission?

Mr Lim Hng Kiang: HDB has not given the Member an alternative site because the site that has been allocated to him will be built. It will be built side by side with the other facilities that are coming up. But to stage the implementation of the various facilities in Potong Pasir, HDB has told him that the construction of the child care centre will be delayed by one year.

Mr Chiam See Tong: We have letters from the HDB saying that the HDB is building an alternative child care centre next to this mental home that has been taken over from the original site. That is what the HDB said. I am afraid the Minister's answer is wrong. I am asking now whether or not he would like to clarify his answer.

Mr Lim Hng Kiang: The answers which I have given are the facts. You have been allocated a site to build a child care centre. That site has been taken over by a more urgent requirement for a facility for the aged. The child care centre will be built adjacent to the facility for the aged.

Mr Chiam See Tong: Sir, my understanding is that the site at Block 139 is being given to the SAMH, and not for a facility for the aged.

Mr Speaker: Mr Chiam, what is your question?

Mr Chiam See Tong: My question is: does he confirm that the site given to the Potong Pasir Town Council for a creche has now been taken over by a home for the aged? Does he confirm that?

Mr Lim Hng Kiang: I have already said this several times. Obviously, I am not communicating with him. The site, originally designated for the child care centre, has been taken over by the SAMH facility. HDB, therefore, tells him that it will build the child care centre at the adjacent site next to the facility for the SAMH.

Mr Chiam See Tong: What does SAMH stand for, please?

Mr Speaker: I do not think that is a question you need to answer.

Mr Low Thia Khiang: Mr Speaker, Sir, there is less than half a minute left and ---

Mr Speaker: You want to ask Question No. 16?

Mr Low Thia Khiang: I would like to ask if this House is prepared to extend the Question Time.

Mr Speaker: Are you asking your question?

Mr Low Thia Khiang: If not, I would like to postpone my questions to the next available sitting of Parliament.

Mr Speaker: You are not asking your question.

Mr Low Thia Khiang: No.

Mr Ling How Doong (Bukit Gombak): Question No. 18, Sir. 1.30 pm

Mr Speaker: I am sorry, end of Question time. Under the Standing Orders, the Clerk will circulate answers to the questions which have not been asked.

[Pursuant to Standing Order No. 21(3), Questions Nos. 16 and 17 have been postponed to the next available sitting of Parliament. Written answers to Questions Nos. 18 to 27 on the Order Paper are reproduced in the section, 'Oral Answers to Questions Not Reached' (Cols. 157 - 162).]