041-02 Final Report

Planning Department Agreement No. CE 60/2005 (TP) Land Use Planning for the Closed Area – Feasibility Study

Final Report

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Page 566 Ove Arup & Partners Hong Kong LtdJuly 2010

8 IMPLEMENTATION 8.1 Implementation Program and Phasing

8.1.1 Land Use and Development Proposals

Upon release the FCA, it is expected that the statutory DPA plans will be in place for the entire Study Area. It is now appropriate for the DPA plans to be prepared as the RDP has been finalised and all public comments have been considered.

Gazettal of the DPA plans on release of the FCA will facilitate the immediate use of land in accordance with the provisions of relevant plans and the commencement of any Column 1 uses as of right. Thus, in developing the statutory plans, consideration should be given to including generally lower-intensity uses within Column 1 of the Statutory Notes to ensure consistency with the existing environment. In addition, the Column 1 uses will need to consider the implementation phasing for road upgrades and the provision of new infrastructure such as drainage and sewerage and waterworks.

Higher-intensity uses should be included within Column 2 (where the approval of the Town Planning Board is required). This will ensure that consideration will be given to adequate provision of recommended environmental measures and infrastructure before the proposed developments are materialised. This will generally be limited to Hoo Hok Wai, Man Kam To Development Corridor, Comprehensive Development Area in Kong Nga Po and Residential Development in Hung Lung Hang and Recreation Areas. These are the areas within the plan when future development will rely on private initiative to achieve the planning intention of this Study.

The village zones have been recommended to provide orderly and efficient village expansion. However, to ensure the integrity of the Lin Ma Hang Stream (SSSI), the provision of reticulated sewer and any drainage upgrades should be provided at the earliest opportunity to reduce the possibility of adverse water contamination from existing and future village development. This will protect the ecological integrity of the stream which will also provide an attraction point for visitors.

Developments that can be directly influenced by Government include the eco-lodge, Kong Nga Po, Country Park and Hiking/Heritage trails. The disposal of land for the eco-lodge and Kong Nga Po developments should only be undertaken subject to the provision of appropriate infrastructure (transport and services) to these areas and the proposed green measures should be included in the sale / lease documents as well as future Planning Briefs for the sites. The potential Country Park should be gazetted prior to the release of the DPA plans so that appropriate management mechanisms are in place to guide visitors and to protect Lin Ma Hang Lead Mines SSSI. However, should gazettal of the DPA plan precede the Country Park gazettal, the Green Belt provisions are recommended to provide interim land use control as all land is in Government ownership.

The hiking/heritage trails and bicycle tracks should be provided with adequate supporting facilities (Refer to Appendix B). The trails will provide one of the major attractions to the area upfront to stimulate economic activity in villages linked by the trails. This should be supported by the provision of soft-infrastructure and sector support to the local villages to harness the economic opportunities discussed in the Recreation and Tourism Plan. The support and marketing strategy to enhance the tourism profile of the Study Area should be commenced as soon as possible to formulate a specific tourism strategy for villages within the Study Area. This will allow local villagers to prepare for the release of the FCA and understand how they can utilise the provisions of this Study to stimulate economic activity. This will provide a nexus to further encourage investment in other proposed uses such as the recreation area, leisure farming, agri-tourism, etc. Land surrounding the villages can be utilised to harness the opportunities from the increase in visitor numbers with the low-intensity land use provisions.


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Appropriate upgrades to the road and public transport networks to accommodate the proposed land use framework are also necessary to facilitate anticipated visitor numbers.

The tentative implementation program for development proposals are shown below:

8.1.2 Implementation Programme

The development proposals will be implemented after the release of the Frontier Closed Area and their implementation should also depend on the implementation programme of the infrastructure works.

Following the release of the Frontier Closed Area, the development proposals together with the infrastructure works will be implemented in different phases and will be completed between 2010 and 2030. Tentatively, the development proposals and the infrastructure works are proposed to be implemented in short and long term basis. Nevertheless, the actual implementation programme will be subject to review by the respective implementation agents.

A. Major Development Proposals and Infrastructure Works

Short Term Programme

The implementation of the development proposals / infrastructure works in the short term programme is highly related to the completion schedule of the secondary boundary fencing as summarised below:

• Lin Ma Hang to Sha Tau Kok Section in late 2011;

• Mai Po to Lok Ma Chau Control Point Section in late 2011;

• Lok Ma Chau Control Point to Ng Tung River Section in late 2012;

• Ng Tung River to Lin Ma Hang Section (Completion date, not yet confirmed)

The development proposals / infrastructure works in the short term programme are proposed to be completed between 2011 and 2017. The works in the short term programme are mainly related to the infrastructure works which should be completed as soon as possible after the release of the Closed Area. They include the following:

1. The roadwork required to match with the traffic restriction plan for the Sha Tau Kok Control Point (It is preferable to have the roadwork to be completed before late 2011 to match with the opening of the Lin Ma Hang to Sha Tau Kok Section)

2. The roadwork required to match with the traffic restriction plan for the Lok Ma Chau Spur Line Control Point. (It is preferable to have the roadwork to be completed before late 2012 to match with the opening of the Lok Ma Chau Control Point to Ng Tung River Section. Otherwise, some roads still need to be closed.)

3. The roadwork required to match with the traffic restriction plan for Man Kam To Control Point. (It is preferable to have the roadwork to be completed before the opening of the Ng Tung River to Lin Ma Hang Section)

4. Upgrading of the access roads leading to Shan Tsui, Muk Wu and Ha Heung Yuen (The upgrading work is to enhance the road safety of the access roads)

5. Upgrading of boundary patrol road to be excised from the FCA and the associated drainage and water provision (The upgrading work is to enhance the road safety of the access roads)

6. Upgrading of Kong Nga Po Road and associated drainage and water provision along Kong Nga Po Road (The upgrading work can facilitate the Hung Lung Hang Residential Area, which will be a private initiative project)


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7. Supporting facilities for Hiking Trail (The provision of the supporting facilities is to facilitate the early implementation of the hiking trail, which can promote recreational and eco-/cultural-tourism development in the Closed Area)

8. Widening of Lin Ma Hang Road and the associated infrastructure provision (Section between Ping Che Road and Pak Fu Shan) (This section of Lin Ma Hang Road will be constructed by CEDD as recommended in Liantang/ Heung Yuen Wai Study)

• Drainage, sewerage and waterwork provision along Lin Ma Hang Road

• Upgrading of Lin Ma Hang Road into single-2 carriageway

• Provision of a 2m wide footpath along the Lin Ma Hang Road, which also forms part of the hiking trail (Ping Che Road to Lin Ma Hang section)

9. Widening of Lin Ma Hang Road and the associated infrastructure provision (Section between San Uk Ling and Ping Che Road)



10. Widening of Lin Ma Hang Road and the associated infrastructure provision (Section between Pak Fu Shan and Wang Lek)



• Provision of the pick up/ set down bays for public transport vehicles and parking facilities for coaches and private cars near Lin Ma Hang Village

• Provision of a 2m wide footpath along the Lin Ma Hang Road, which also forms part of the hiking trail (Ping Che Road to Lin Ma Hang section)

11. Upgrading of the access road leading to the future relocated Chuk Yuen (This access road will be upgraded by CEDD as recommended in Liantang/ Heung Yuen Wai Study)

Long-Term Programme

The development proposals / infrastructure works included in the long term programme are proposed to be completed between 2023 and 2030 after the operation of the new boundary control point at Liantang/Heung Yuen Wai and the completion of the infrastructure works (e.g. upgrading works for the Shek Wu Hui Sewage Treatment works) for the NDAs development.

As there is no urgency for the development proposals / infrastructure works in the long-term programme. They are therefore proposed to be implemented after the completion of the major infrastructure works for the Liantang/ Heung Yuen Wai BCP and the NDAs development. They include the following:

1 Provision of 3.5m wide cycling track along Lin Ma Hang Road (Section between Ping Che Road and Wang Lek) (The provision of the cycle track should tie in with the cycling proposal recommended by NDAs development. The completion of it would depend on the completion schedule of the cycle track constructed by NDA development)

2 Provision of 3.5m wide cycling track along boundary patrol road to be excised from the FCA (The provision of the cycle track is to tie in with the existing cycling track within Northern New Territories. There is no urgency for this cycling track)

3 Widening of Man Kam To Road and the associated infrastructure provision (This proposal would depend on the future traffic on Man Kam To Road after the operation of the new boundary control point at Liantang/Heung Yuen Wai)


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4 Residential Development at Kong Nga Po (This proposal would depend on the interest of the private developer and the housing requirement in the future)

5 Eco-lodge Development at Ma Tso Lung (This proposal would depend on the interest of the private developer or NGOs)

B. Other Land Use Proposals and Infrastructure Works

There is no specific implementation programme for the following land use proposals and infrastructure works.

8.1.2.1 Man Kam To Development Corridor, Recreation Areas near Fung Wong Wu, Pak Fu Shan & Tong To Ping Tsuen and Hung Lung Hang Residential Area

The implementation of these land use proposals will depend on private initiatives and market circumstance. Hence, the implementation programme is subject to private development applications under the statutory planning framework. After the release of the Closed Area, these development proposals will be implemented by the private sectors.

8.1.2.2 Village Expansions

The small houses will be constructed in accordance with the approval from Lands Department.

8.1.2.3 Crematorium and Columbarium at Sandy Ridge

The proposed C&C facilities at Sandy Ridge will be implemented by FEHD and the actual implementation programme should be designed by FEHD and should depend on the territorial need of the C&C facilities in Hong Kong. The crematorium is a Designated Project under EIAO. The Statutory EIAO process is required to be followed.

8.1.2.4 Country Park

The potential country park will be implemented by AFCD and the actual implementation programme should be designed by AFCD after the release of the Closed Area.

8.1.2.5 Agricultural Uses

The usage of the land zoned for agricultural uses is subject to the private initiatives. After the release of the Closed Area, the areas suitable for agricultural uses will be implemented by the private sectors.

8.1.2.6 Drainage, Sewerage and Waterwork Provisions

The actual implementation programme should be designed by the relevant government departments to meet the actual need.

8.1.2.7 Adaptive Re-use of the Disused School

A range of potential uses are proposed if opportunities of adaptive reuse of the premises arise. As for implementation, existing procedure should be followed where initiative is in the hands of interested organizations or individuals. The proposed uses are not restrictive and all proposed uses can be accommodated within the GIC zone and this zone also provides some other uses that could be considered subject to further negotiations with relevant stakeholders and possible tenants. Thus, there is no actual implementation programme.

8.2 Scope of Public Works

To ensure successful implementation of the development proposals as recommended in the RDP, some of the works should need to be financed and constructed by the Government.

The scope of public works is as follows:


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1. Road Improvement Works (including Village Access Roads) and Associate Slope Works together with Other Associated Infrastructure outside the area that will be excised from the FCA

2. Drainage and Sewerage Works

3. Water supply / Utilities provision

4. Hiking Trail including Heritage Trail

5. Cycle Track

6. Country Park

7. C&C Facilities

8.3 Broad Land Requirements

Private land resumption for the provision of road improvement works (especially for Lin Ma Hang Road and the existing boundary patrol road to be excised from the FCA improvement works) is unavoidable. In addition, the proposed hiking trail and heritage trail may traverse private land at some locations. Nevertheless, the extent of land resumption can be minimized by adjusting the proposed road or hiking alignment during the detailed design stage.

For the development proposals like Eco-lodge at Ma Tso Lung and Kong Nga Po CDA, the developments are within the government land and no land resumption is required. However land sales / lease documentation is required to adopt provisions to ensure that the green concepts of both proposals are achieved. Specific clauses requiring the future developer to achieve sustainability objectives should be adopted which should be supported by the statutory zoning and planning briefs for each site.

As the schools used for adaptive re-use is located on the Government land, no land resumption is required if they are implemented by NGOs.

8.4 Implementation Agencies

Public Works

Under the existing mechanism, the implementation agents can implement the public works under the following Ordinances and Regulations:

• Road Traffic Ordinance

• Road Traffic (Traffic Control) Regulations

• Roads (Works, Use and Compensation Ordinance)

• Water Pollution Control Ordinance

The summary of the implementation agents* for the public works as recommended in the RDPs is as follows:

Item Proposal Description Suggested

Implementation Agent*

1. Adaptive Re-Use of Disused Schools

Lung Kai Public School in Ma Tso Lung for Holiday Camps/ Bird-watching and Visitor Centre Sam Wo Public School for Holiday Camps/ Administration Centre for Sustainable Farming King Sau Public School for Holiday Camps/ Museum/ Field Study Centre Kwan Ah Public School for Holiday Camps/ Country Park Visitor Centre

Non-Government Agents


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Item Proposal Description Suggested

Implementation Agent* 2. Hiking Trail Section within Country Park AFCD

3. Supporting Facilities for Hiking Trail (including Heritage Trail)

Sections in close proximity to local villages HAD

4. Country Park Proposed Robin’s Nest Country Park AFCD

5. General Road Improvement Works

• Improvement Works to existing boundary patrol road to be excised from the FCA (between Lok Ma Chau and Lo Wu Station), Ma Tso Lung Road, Fai King Road, Kong Nga Po Road, Lin Ma Hang Road (Section between San Uk Ling and Kan Tau Wai, via Muk Wu Nga Yiu), Lin Ma Hang Road (Section between Chuk Yuen and Wang Lek).

HyD/TD

6. Lin Ma Hang Road / Cycle Track

• Lin Ma Hang Road (Section between Kan Tau Wai and Chuk Yuen) **

• Cycle Track throughout the Study Area CEDD

7. Village Access Road Improvement Works

Improvement works to village Access Road to Muk Wu, relocated Chuk Yuen, Ha Heung Yuen, Shan Tsui

HAD ***

8. Improvement Work to Existing BCPs

Improvement works in Lok Ma Chau Spur Line BCP, Man Kam To BCP, Lo Wu Station BCP and Sha Tau Kok BCP

HyD/TD

9. Drainage / Sewerage / Water Supply Works

Drainage, Sewerage, Water Supply Works throughout the Study Area

DSD / WSD

* The proposed implementation agents are still subject to agreement by the relevant government departments. In addition, it is necessary to identity the policy bureau and funding source for the works item first.

** The improvement work for this section of Lin Ma Hang Road will be undertaken by CEDD under LT/HYW BCP project. ***Part / whole length of the road is on private land. If land resumption is required, HAD will not be able to carry out the

works under the works Policy of HAD.

Development on Government Land

Specific development proposals such as the Eco-lodge and Kong Nga Po sustainable residential community are located on Government Land. Government will need to release the sites to private developers to facilitate the developments. It is proposed that these would be released via land sale mechanisms once adequate infrastructure support is in place. Key development objectives should be included in any sale/lease documentation to ensure that the planning intentions are realised. These objectives will also be required under the recommended zoning provisions and each development would require approval from the TPB.

In addition, some Government land is included within other areas where release of the land could also stimulate other land use objectives. Subject to private initiative, Government could consider the release of land within land designated for recreation or agricultural purposes and the MKTDC to facilitate development in accordance with the planning intentions. Government land could also be integrated with proposals within the wetland enhancement area at Hoo Hok Wai under a PPP development to meet the enhancement objectives for the fishponds/wetlands.

Development on Private Land

Whilst Government will assist in the implementation of the proposed landuse framework through the provision of adequate supporting infrastructure, both hard and soft, the actual implementation of proposals will be subject to private sector initiatives.


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The RDP does not contain prescriptive direction for privately owned land, although it does put forward a number of development and economic options that can be taken forward by the private sector within an overall framework. This ensures that the rights of existing landowners are respected by permitting existing uses, while promoting new initiatives to realise the potential economic opportunities presented by the release of the FCA and the proposed land use strategy under this Study.

Proposals by the private sector can be implemented as of right or subject to Town Planning Board permission (notwithstanding any other relevant government approvals), depending on the ultimate statutory zoning. In this regard, Development Permission Area Plans (DPAs) will be prepared to provide future development certainty and control and existing OZPs will need to be amended. The relevant DPAs will be prepared by Planning Department under the authority of the Town Planning Board. However, the specific land uses/activities that would be implemented should be a result of private sector initiatives to meet their unique objectives whilst respecting the overall planning intention.

It is noted that the RDP and DPA should not be a static document, but should be reviewed regularly to evaluated and updated, to ensure that the plan can cater to changing contexts, public needs, and improving design standards for sustainable developments.

8.5 Implementation Issues

8.5.1 Overall

Implementation of the proposed land use framework should not lose sight of the over-riding themes of environmental and heritage conservation and sustainable development. A balance must be maintained between environmental, social and economic sustainability.

Whilst the RDPs provide strategic direction for the Study Area, the statutory planning controls would only be in place with the gazettal of the corresponding DPAs. The DPAs will ensure the proposed land use framework can be implemented in a controlled manner, and help provide a secure and certain basis for long-term public and private investment to realise the proposed landuse framework.

However, once the DPAs are in effect, any use that complies with the Column 1 uses (i.e. uses permitted as of right under the planning context ) together with other relevant approval from government departments (e.g. modification of lease conditions) may be implemented (Implementation of all specific land uses is discussed in Section 8.5.2 below). This means that the required infrastructure to support the permitted uses should be in place at the earliest and before release of the Closed Area. In this regard, it is programmed that all village access roads will be upgraded to minimum standard before 2017. Utilities provisions could either provide during or after the road upgrading works subject to the construction programme of utilities undertakers. This will enable a minimum level of safety for existing villagers and visitors from the outset.

Elsewhere, the key development opportunities are associated with the Eco-lodge at Ma Tso Lung and the Residential Development at Kong Nga Po. As both of these sites comprise solely Government Land, it is possible to programme the provision of basic infrastructure before project implementation. Similarly, the implementation programme for Government proposals that would attract large numbers of visitors, such as the hiking trails, cycle tracks and Country Park, should tie in with programmed upgrades to supporting infrastructure. In any event, the proposed public transport provisions should be in place to ensure the safe and efficient movement of people in and out of the Study Area.

Proposals put forward for Hoo Hok Wai and the Man Kam To Development Corridor should have reasonably restrictive land use provisions to ensure that the planning intentions are met with proposals requiring Town Planning Board Approval via Section 16 of the Town Planning Ordinance. This mechanism will not only ensure that proposed developments do


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not overstrain the existing and future infrastructure networks, but ensure that proposals are compatible with the relevant planning intentions and overall context.

8.5.2 Land Use Framework

8.5.2.1 Theme 1 - Strengthen Nature Conservation Country Park

The exact delineation of the Country Park boundary is still subject to continuing refinement with appropriate government agencies. Upon finalisation of the boundary, the potential Country Park at Robin’s Nest would be subject of gazettal by the Country and Marine Parks Authority under the Country Parks Ordinance (Cap. 208). The implementation agent for the proposal would be the AFCD. Following the necessary public consultation and objection/representation procedures, the draft maps showing potential Country Parks (together with papers setting out the objections and representations made) would be submitted to the Chief Executive in Council for approval. After a draft map has been approved, the Chief Executive should, by order in the Gazette, designate the area shown to be a Country Park. The Country Park boundary is recommended to be reflected by a “Country Park” zoning under the future OZP.

Should gazettal of the DPA occur prior to the gazettal of the Country Park, it is recommended that an interim zoning be adopted. A GB zone may be considered as it is consistent with surrounding green belts and the general approach to applying green belt provisions in other parts of the Study Area.

Ho Sheung Heung Egretry

A broad Conservation Area designation is proposed over the egretry and surrounds to reflect its high environmental value as one of the largest egretries in Hong Kong. This designation affords a high degree of protection for the specific nesting areas formed in areas characterised predominantly by bamboo clumps which reflects the value of the egretry. It has clear conservation intentions and a presumption against development. The specific zoning of the physical extent of the egretry is similar to that under the Approved Kam Tin South OZP (S/YL-KTS/11). To address potential implications of mobility within the egretry, continual monitoring should be undertaken to ensure that appropriate protection measures apply and the statutory plan should be modified if there are any significant changes. A more detailed mapping exercise to specifically identify the extent of the egretry should also be completed prior to the DPA being gazetted for this area.

Other adjacent areas within the flight path are proposed as Green Belt due to the lower ecological value, but also to limit any further disturbance to the Egretry by containing existing development and adopting a general presumption against any further development. Maintaining the current environment can be achieved through this zoning regime which protects the habitat value and integrity of the egretry (Figure 4.99 refers) and surrounding areas.

In addition, given that the breeding birds are located in roadside bamboos, it is important that road maintenance works should be carried out outside the breeding season. The breeding season lasts from March to August, and thus road maintenance/upgrade works should be carried out from September to February only. It is also important that at any time of year, road upgrading works do not damage the bamboos in which the birds breed. Normal practice is for AFCD to review proposals for road or utilities works in the vicinity of an egretry, and thus this should be extended to Ho Sheung Heung.

Lok Ma Chau Ecological Corridor

The zoning along the narrow strip of fishponds to the south of the Loop is recommended to be retained as Conservation Area (“CA”). This is reinforced by the physical width of this being defined by the existing hilly terrain to the south and the future development of the Lok Ma Chau Loop to the north. The exact extent of development within the Loop will be


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investigated separately under the LMC Loop Study which includes an EIA. The land use provisions and environmental protection objectives will allow the planning mechanism to implement the intentions for this area. The sensitivity of the area should also be considered in detailed design and construction of the adjoining road upgrades and provision of the bicycle track.

The Town Planning Board (the TPB/BOARD) has issued TPB Guidelines for Application for Developments within Deep Bay Area (TPB PG-No. 12B) to provide development guidance for ecologically sensitive fishponds/wetlands in this location. It has been recommended to extend the Guidelines to the east over the corridor and beyond to Hoo Hok Wai. This will ensure a consistent approach to dealing with applications in this location and further assist in meeting the intentions to conserve this ecologically sensitive area (Figure 4.28 refers).

Hoo Hok Wai

Any zoning mechanism should be in line with the NNCP. In that regard, the OU(CDWEA) zone from the Approved San Tin Outline Zoning Plan, could be adopted for Hoo Hok Wai. The OU(CDWEA) zone primarily promotes ecological protection and preservation while any development should meet the “no-net loss in wetland principle”. The zone “is intended for conservation and enhancement of ecological value and functions of the existing fish ponds or wetland through consideration of application for development or redevelopment under the “private-public partnership approach”. Low-density private residential or passive recreational development within this zone in exchange for committed long-term conservation and management of the remaining fish ponds or wetland within the development site may be permitted subject to the “no-net-loss in wetland” principle and planning permission from the Town Planning Board. Any new building should be located farthest away from Deep Bay.”.

It has been recognised that the OU(CDWEA) provisions from the San Tin OZP should be enhanced when applying them to the CDWEA within the Study Area. Being consistent with the overall land use planning for the area that will be excised from the FCA, recreation and tourism uses such as “camping ground”, “eco-lodge”, “holiday camp” may be accommodated in the statutory provisions to provide incentives for landowners to explore appropriate & compatible development opportunity that contributes to the overall appeal.

The recommended zoning ensures that the ecological integrity of the fishponds will be retained and that any development will not jeopardise the functioning of the area, but appropriately contribute to its enhancement.

Some public comments were received that suggested a Conservation Area zoning should be applied to HHW. This is appropriate in terms of environmental value, however, as mentioned above, the limited development opportunities pertaining to nature conservation purpose in this area (predominately in private land ownership) has been opted as undesirable in Stage 1 Community Engagement and against the intent of the NNCP. To provide incentive for the land owners to better achieve the nature conservation objective in the long run, opportunities for active enhancement under a possible PPP scheme are recommended. This is generally consistent with the intention of the OU(CDWEA) under the San Tin OZP, can help promote greater private-sector participation in nature conservation and does not affect the establishment of other mechanisms under the NNCP such as MA.

Considering the strong landowner position to retain potential development options, as well as the high ecological value of the area, HHW has been identified as a “Comprehensive Development and Wetland Enhancement Area” (CDWEA) to achieve a balance between conservation and development. Just like the PPP Scheme, its practicability will depend on private sector initiatives to submit proposals and to identify suitable development sites within the CDWEA. The proposal by the applicant (including the scale and density of the proposal with an assumption that any development would be of a minor scale) should by be assessed on a case-by-case basis, and be subject to TPB approval (with or without conditions).


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The recommended land use provisions will impose overall conservation objectives for HHW while not precluding development in the area with enhanced land use options for recreation and tourism to be more consistent with the overall vision and land use framework for the area that will be excised from the FCA. Investigations have determined that a significant majority of HHW has high ecological value and is worthy of protection. The formulation of a proposal for the site will need to be prepared and co-ordinated between landowners, developers and/or NGOs to identify appropriate locations for conservation and development alike within the CDWEA. In any case, any development will be subject to planning approval from the TPB on its individual merits and further investigation will be necessary to establish an appropriate development type and scale. Such application for permission of use or development shall be accompanied by the following information for consideration of the TPB:

• The proposed land uses, development parameters, the nature, position and heights of all buildings to be erected in the area;

• A wetland conservation and enhancement scheme, including its detailed design, wetland buffer proposals, a long-term maintenance and management plan, and monitoring and implementation mechanism;

• An environmental impact study report, including but not limiting to an ecological impact assessment and a visual impact assessment, to examine any possible environmental, ecological and visual problems that may be caused to or by the proposed development during construction and after completion and the proposed mitigation measures to tackle them;

• Landscape proposals;

• A traffic impact study report to examine any possible traffic problems that may be caused by the proposed development and the proposed measures to tackle them;

• A drainage and sewerage impact study report to examine any possible flooding, drainage, sewerage and associated problems that may be caused to or by the proposed development and the proposed mitigation measures to tackle them;

• Programming, phasing and implementation schedule of each component of the proposed development (including the wetland conservation and enhancement scheme); and

• Such other information as may be required by the TPB.

To further enhance the conservation initiatives while not precluding development in accordance with the proposed land use framework, an extension of the TPB PG-No. 12B could be considered (Figure 4.28 refers). An extension of the guidelines would provide a consistent approach to planning control across the entire ‘Deep Bay Wetland outside Ramsar Site’ under the NNCP and would ensure that all section 16 applications in the area are considered under the same guidelines. The guidelines provide specific guidance for the consideration of Section 16 applications in the area and currently apply to CA, OU(CDWEA), V and other zones within or adjoining the wetlands. The proposed extension will ensure that all future development is considered on similar grounds to that under existing statutory control.

Nevertheless, the feasibility of implementing a combination of different conservation zoning at Hoo Hok Wai (i.e. the CA and OU(CDWEA) zones) to maximize conservation of the area would be further explored. However, in view of its large area (240 ha), fragmented land ownership and the difficulties in implementation of a comprehensive development, a further study is recommended to examine the potential for development in HHW before a designated zoning is adopted in the statutory plan. The ultimate zoning mechanism to be put into place would be subject to further consideration by the DPO during the preparation of the statutory town plans.


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Protection of Lin Ma Hang Stream SSSI - Lin Ma Hang Stream Buffer

The existing SSSI designation of Lin Ma Hang stream should also be recognised through the planning framework to ensure that it is adequately protected. In this regard, application of a SSSI zone will ensure that appropriate protection can be afforded to the function and operation of the stream and will strengthen the existing SSSI designation (non-statutory) by AFCD. However, taking into consideration of the private land ownership and the existing land conditions adjacent to the stream and the prevailing administrative measures that can protect natural stream, an “Agricultural” (western flank) and “Village Type Development” (eastern flank) designation is proposed adjacent to the stream.

In terms of future NTEH in the Village designation, Lands Department should strictly apply the existing administrative controls. According to ETWB Technical Circular (Works) No.5/2005, for development which might affect natural stream/rivers, the approving authorities (LandsD on land exchange/NTEH, PlanD on planning applications, BD on drainage/site formation work, EPD on pollution control) should consult relevant departments such as AFCD. Moreover, as a further administrative control, the Lands Department could also refer any future application for a NTEH within a distance of 20m of Lin Ma Hang stream to AFCD/PlanD (as recommended in Chapter & of the Final Report) to ensure that all relevant Departments have adequate opportunity to review and comment on the application. These provisions should be explained to the local villagers to ensure there is transparency and understanding in the NTEH process.

Taking into account the prevailing local objections against any proposal for conservation zonings on private land and public views from the community engagement activities, the existing administrative measures are considered as one way to protect the river. Nevertheless, a 20m SSSI zoning buffer could be further considered as another option to protect the stream. It is recommended that the relevant government departments (e.g. PlanD and AFCD) could consider this in more details when preparing the detailed statutory town plans.

The provision of reticulated sewerage services and any drainage upgrades for Lin Ma Hang stream should be prioritised and all development (where practical) should be connected to the future reticulated sewer system to mitigate adverse impacts. This will maximise the protection of the stream from any adverse discharges from existing or future village activities.

In terms of the agricultural land flanking the western side of the stream, the following measures should be adopted to minimise adverse water quality and changes in the land formation and drainage in the adjacent areas:

• No land / pond filling provisions adopted under the Remarks of the future Statutory Plan

• No further modification or channelisation

• No sewage discharge

• Organic farming preferred/promoted in the catchment area

• Preservation of an ecologically functioning riparian zone

• Strictly enforce the administrative measures restricting development of NTEH within close proximity to natural watercourses (i.e. NTEH are column 2 development under the typical Agriculture zone in Hong Kong)

In addition, the Government can also raise public awareness about the ecological importance of the Lin Ma Hang stream in order to protect it. The local villagers of Lin Ma Hang have already expressed their intention to preserve the stream as a key element of the local village setting. Appropriate measures should be put in place to educate locals and visitors about the environmental significance of the stream. Notices should be placed in


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relevant government documentation and signage should be put in place to ensure visitors are more sensitive when visiting this sensitive area. Appropriate waste receptacles and public toilets should also be provided to ensure there is adequate access to these types of facilities.

The above measures are considered appropriate in the current context to provide protection from the stream, while protecting private land rights and the historic village setting that could contribute to the establishment of Lin Ma Hang as a tourist destination.

Nevertheless, taking into consideration of the prevailing administrative measures that protect natural streams, an appropriate land use zoning could be further considered by DPO when statutory town plans were prepared for the area in future.

Agricultural Land

The agricultural uses put forward in this Study can be supported under the general provisions of the agricultural and recreational zoning provisions. The agricultural and other permissible uses along with standard provisions prohibiting filling of land without approval should be adopted as a statutory mechanism to protect land from adverse activities. In parallel with other initiatives and collaboration with other government departments, a clear supporting message that sustainable agriculture should be pursued so that all stakeholders are clear about the commitment to environmentally friendly farming. The enhanced area designated for recreation activities will promote low-intensity outdoor recreation facilities and agri-tourism to provide a broader approach to economic development within the rural areas of the Study Area, without compromising the natural rural character. In this study, we have undertaken some researches regarding the issues related to farming which is applicable to the Closed Area. For details, please refer to Appendix M.

The only provisions that need to be considered are the outcomes of the SEA which need to restrict land to organic farming practices to minimise impacts on important streams as discussed above. It proposed to restrict agricultural uses within the Lin Ma Hang, Heung Yuen Wai, Tong To, Muk Min Tau (upper section) and Tam Shui Heung stream systems.

Further recommendations include:

• No land / pond filling provisions adopted under the Remarks of the future Statutory Plan

• No further modification or channelisation

• No sewage discharge

• Preservation of an ecologically functioning riparian zone

• Strictly enforce the administrative measures restricting development of NTEH within close proximity to natural watercourses within these catchments

Landscape Features

The recommended GB provisions apply to a substantial portion of the RDP and will be a key planning mechanism to protect the natural setting of the area. There is a general presumption against development within the GB areas with potential for low-impact recreational uses. The planning mechanism will largely implement the intentions to protect key landscape features which are largely in government ownership.

Fung Shui Woodlands

Based on these field observations and the work of Chu (1998), KFBG (2004) and Yip et al. (2004), the following land use designations are considered appropriate for FSW outside of the proposed village areas.

• Green Belt - Chow Tin Tsuen, Kan Tau Wai, Muk Wu, Shan Tsui, Sheung Tam Shui Hang, Tong To, Tsung Yuen Ha


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• Conservation Area - Heung Yuen Wai, Lin Ma Hang, Muk Min Tau

The proposed land use framework should adopt appropriate zoning mechanisms under the DPA plans. This should implement an appropriate level of protection for these culturally important sites which also reflects the environmental significance of the woodlands.

8.5.2.2 Theme 2 – Conserve Cultural Heritage Resources Point-Line-Surface

The Point-Line-Surface design concept is mainly achieved through the installation of hiking trail/bicycle track/ heritage trail (line), linking up the various heritage features (point) and packaged within an overall context of eco-tourism/agri-tourism opportunities (surfaces) . As footpath is a use that is generally permitted in all zones, there is no need for a separate land use zoning to reflect the alignment hiking/heritage trail. However, key uses along the route, including parking facilities/PTIs, historical uses/villages, and other points of interest would be zoned accordingly.

During the detailed design of the trail, it will be necessary to ensure that adequate supporting facilities such as signage, links to public transport, rest areas, emergency facilities and other provisions are provided plus relative points of interest are identified (Appendix B refers).

Equally important is the promotional aspects of the trail, such as the preparation and dissemination of information (including maps, educational pamphlets, organised tour packages, etc). Preliminary suggestions include Tourism Board or the District Council.

8.5.2.3 Theme 3 –Promote Sustainable Uses Kong Nga Po Sustainable Residential Community

Amendments would be required to the Fu Tei Au & Sha Ling and Hung Lung Hang OZPs to accommodate the proposed sustainable residential development. The ultimate zoning should enable some degree of planning control over the future implementation of the development to ensure the sustainability objectives of the development are met. The recommended zoning for the site would be Comprehensive Development Area (“CDA”) which should be supported by a comprehensive Planning Brief. The above sustainability objectives should be integrated into the planning brief to ensure that the developer has a clear understanding of the level of sustainability to be achieved within the final development. The planning application should be supported by, inter alia:

• an explanatory statement which contains an adequate explanation of the development proposal

• a detailed sustainability analysis demonstrating how the development meets the relevant provisions within the Planning Brief

• the area of the proposed land uses, the nature, position, dimensions, and heights of all buildings to be erected and how they meet the relevant plot ratio and height provisions;

• the proposed total site area and gross floor area for various uses, total number of flats/houses and flat/house size;

• the details and extent of and recreational facilities, public transport and parking facilities, and open space to be provided;

• the alignment, widths and levels of any roads proposed to be constructed;

• the landscape and urban design proposals within the area;

• programmes of development in detail;

• an environmental assessment report, including and not limiting to acoustic and odour impact assessment;


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• a drainage and sewerage impact assessment report;

• a traffic impact assessment report;

• a visual impact assessment report; and

• such other information as may be required by the Town Planning Board.

To enhance the attractiveness of the development site and to support the costs for the sustainability requirements (Land Sale Provisions and Planning Brief) and infrastructure provision, a number of initiatives are proposed including the proposed upgrading of land to the south and east at Hung Lung Hang through designation for residential development as well as possible enclosure/relocation of the adjacent Kong Nga Po firing range. These matters should be considered in detail before releasing the site for private development as this could affect the possible revenue from the sale of the site. However, it is also expected that the developer will be responsible for the cost and installation of road and infrastructure upgrades for the site. This will require upgrades to Kong Nga Po Road and extension of existing water and sewer facilities to services the development.

Overall, the implementation of the scheme is underpinned by the financial assessment supporting the RDP. The assessment has determined that conceptually the development is viable. The estimated residential price is well within the lower end of the current market value of HK$36,000 per m² to HK$49,751 per m² recorded between May 2008 and April 2009 for similar properties in the surrounding areas (i.e. Royal Palm, One Hyde Park, Rolling Hills and Green Crest in Yuen Long). The final attractiveness of the proposal will depend on the detailed design and the market conditions at the time of its development. It is anticipated that local demand for similar types of property will strengthen in the future, particularly as the closer economic integration with Shenzhen continues and the NENT NDAs and Lok Ma Chau Loop developments are completed. All of these factors will have a positive effect on residential property demand. The viability of the project and initiatives to improve the surrounding area should support the successful implementation of the project.

Green Concepts

The overall planning concept to provide a sustainable living community is underpinned by the sustainability objectives provided. Unfortunately there is a lack of territory-wide sustainability policy within Hong Kong to legislate or give guidance for this form of development and therefore, the lack of knowledge and guidance makes green development a costly exercise. In other countries, a concerted Government effort has been applied to create a consistent set of enforceable (legislative) provisions that bring sustainable design and construction into the market place. As an example, State Environmental Planning Policy (BASIX) in New South Wales, Australia ensures that all residential houses and units homes are designed to use less potable water and be responsible for fewer greenhouse gas emissions by setting energy and water reduction targets for house and units. All development that is subject to the legislation requires BASIX certification which can be obtained online and must be certified by contractors/installers. The Toronto Green Standard (City of Toronto, Canada) is a two-tiered set of performance measures that addresses air and water quality, greenhouse gas emissions, energy efficiency, solid waste and the natural environment. As of the 31st January 2010, all relevant development proposals are required to meet Tier 1 environmental performance measures, while developers may also choose to meet Tier 2, a voluntary higher level of environmental performance.

In this regard and considering that there is no immediate green policy movement for the planning and building sectors in Hong Kong to achieve such high standards, implementation of the sustainability concepts at Kong Nga Po will rely on specific controls that can be applied to the site. Given, the broad methods in achieving the sustainability criteria, it is considered too difficult to implement via the land sales or land lease documentation to legally define the performance measures which are mostly subjective. In this regard, the development of a Planning Brief to support the intended CDA zoning can provide more


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effective planning principles to ensure that the future developer has a clear understanding of the planning concept and principles to achieve this. The developer will be obliged to follow the Planning Brief to seek approval of the development from the TPB. To further ensure that the developer is aware of the planning and development requirements of the site, the Planning Brief should be annexed to the sales and lease documentation in addition to the fundamental development parameters such as plot ratio and height restrictions.

Eco-lodge

The eco-lodge can ultimately be realised through release of the land to a private developer or NGO to undertake the design, construction and operation of the Eco-lodge. Interest from relevant parties was shown during the community engagement activities and the financial assessment determined that the concept was feasible. During the Stage 2 Community Engagement activities, a non-governmental organisation, Youth Hostels Association, which has long experience of over 36 years in hostel operations and youth activities, supported the proposal and registered their interest in it. They also suggested the eco-lodge could cover a wider spectrum of target groups from local and aboard, including families, individuals, youths, students, groups and budget travellers and part of the eco-lodge should be designed as hostels or shared accommodation and incorporate more facilities, e.g. multi-purpose hall for group functions, barbeque sites, camping sites as well as educational and recreational facilities. To achieve the planning intention for the site, both land sale provisions and land use zoning requirements should dictate the ultimate use. In addition, the Design Objectives and the Assessment Criteria under Appendix A could also be used in the form of TPB Guidelines or the preparation of a Planning Brief for the Site. The Assessment Criteria have been developed as a tool for the Planning Department and TPB to consider in assessing similar applications in the future. Other areas that could meet the guidelines in terms of locational criteria include areas around Lin Ma Hang and Muk Min Tau/Tong To.

In terms of zoning, there is need to ensure that the planning intention is clearly set out and that the uses permissible as of right, or on application to the Town Planning Board, could also allow for other tourist related uses associated with the core use for an eco-lodge. The ultimate zoning could either be an “OU” zone annotated as “eco-lodge” or “CDA”.

A suggested planning intention for the eco-lodge site will be for the provision of sustainable-based tourism in the form of an eco-lodge that does not have any adverse impact on the local environment and adopts best practice principles in design, construction and operation. The eco-lodge will promote education in terms of the surrounding natural and ecological environment and provide direct financial benefits to the local environment and residents. The dominant use should be for low intensity eco-tourism, although ancillary uses could include dining facilities and recreation facilities (pool, sauna, day spa, yoga room, interpretive areas, bird watching posts etc) as long as the dominant use remains low intensity eco-tourism. The Plot Ratio for the eco-lodge is about 0.1 with a maximum building height of 6m above the existing ground level. Based on a series of negotiations with key stakeholders, the overall plot ratio for the site could be further increased up to 0.2 to increase financial feasibility and flexibility in the future design. In order to avoid excessive bulkiness of the proposed development, consideration should also be given to utilising the south-facing slope which has a scenic view of the rural valley landscape around Ma Tso Lung. However, minor relaxation of the building height restriction may be considered to allow flexibility for the increased plot ratio and it should be subject to the design merits of the future development by the future project proponent taking account of the outcomes of the various relevant technical assessments.

Any development application made should submit a high quality submission including the following:

• the detailed submission demonstrating how the development meets the design objectives


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• the landscape and urban design proposals within the area;


• an environmental assessment report, including ecological impact assessment;


• a water impact assessment report;


• a built heritage impact assessment report (subject to the confirmation by AMO);

• a visual impact assessment report; and


The proposal straddles the eastern boundary of the existing San Tin OZP which will require an amendment to facilitate the proposal. The eco-lodge provisions will need to be included into the San Tin OZP when it is amended to include the proposal. Alternatively, a minor amendment to the eastern boundary of the OZP could be undertaken to ensure that the proposed development is contained within a single OZP.

The site is also located within the existing and possible extension of the Wetland Buffer Area (WBA) under the TPB Guidelines for Application for Developments within Deep Bay Area Under Section 16 of the Town Planning Ordinance (TPB PG-NO. 12B) (the TPB Guidelines). The WBA is a buffer area of about 500m along the landward boundary of the Wetland Conservation Area (WCA) which typically incorporates all of the wetlands north of the existing boundary patrol road to be excised from the FCA. It is designated to protect the ecological integrity of the fishponds/wetlands within the WCA and prevent development that would have a negative off-site disturbance impact on the ecological value. Planning permission from the TPB and an “ecological impact assessment” are always required for any developments in either the WCA or WBA as per the guidelines. Therefore, development of the eco-lodge would require the preparation of a detailed ecological assessment.

As the site of the Eco-lodge comprises Government Land, various options for implementation may be considered including design competition, land sale, turnkey, etc. or a mixture of options. This will ensure the proposed scheme has best considered innovative and sustainable design approaches in line with the planning intention.

Green Concepts

Regarding the implementation of the green concepts for the comprehensive development area at Kong Nga Po, the eco-lodge site is also a pioneering green project for Hong Kong and also needs to adopt specific measures for the site. Initially, the proposed planning intention clearly restricts the land use to an eco-lodge and associated facilities and this should also be reflected in the sales/lease documentation irrespective of the planning documents. This provides a clear understanding of the type of development that is considered acceptable on this site and the low-intensity nature of the development is also


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underpinned by the plot ratio and height restrictions which will also be imposed in the statutory lands and planning documents. At a non-statutory planning level, the green concepts can be implemented by adopting the design objectives into a possible Planning brief for the site, while broader guidelines for eco-lodge development for application across Hong Kong (Appendix B refers) as possible TPB Guidelines will promote a clear direction on the high-level level of sustainability for this form of development.

Village Development

Areas recognised on the RDP for village type development are primarily intended for development of Small Houses and to provide a more orderly development pattern, efficient use of land and provision of infrastructures and services. This will permit the accepted commercial and retail uses such as ground floor use for shops and eating places, however it is also suggested that “markets” be included to provide a further option for local villagers to actively enhance the local economy.

As identified above, some limited areas of FSW conflict with areas designated for future development. This has been considered in ensuring that there is adequate land available for village development as per the 10 year small-house demand. To limit any impacts, any application being lodged for a NTEH which may affect the FSW should be referred to AFCD under Section (I)(D)(e) of the “How to Apply for a Small House Grant” (LandsD – June 2001).

The provision for short-term accommodation uses can be provided through a license under the HGAO. The Home Affairs Department is responsible for implementing the Ordinance and the use of small-houses for this form of development is not inconsistent with modern leases. To provide a planning mechanism to support these uses, the inclusion of a new definition of “Holiday Flat” in the Definition of Terms and adoption of this new definition in column 2 of the zoning provisions is proposed for land designated for village purposes. With reference to the HGAO, the definition of “Hotel” and “Guesthouse” could be adopted and applied to the definition for Holiday Flats as:

“Holiday flats are establishments located in village type houses in New Territories and outlying islands being held out in which sleeping accommodation is provided for any person presenting himself who appears able and willing to pay a reasonable sum for the services and facilities provided for a period of less than 28 continuous days”

Lok Ma Chau Development Corridor

This development proposal is more of a concept at this stage which will be subject to further detailed planning under the LMC Loop Study as it progresses.

Notwithstanding, an initial suggestion in relation to defining the land use theme of the corridor is the provision of commercial, shopping and entertainment uses of appropriate scale that is compatible with the character of the area to complement the development of the LMC Loop. The land uses alongside the supporting infrastructure to be proposed in areas adjoining the LMC Loop in Hong Kong will be reviewed by the ongoing LMC Loop Study.

The linkages between the LMCDC and the Loop could rely on the KTN NDA as a population source and living environment to serve both the Loop and the LMCDC. The three major development nodes within this location could function as a single unit to create a high-value live, work, entertainment, business and education environment. The Study Area would then complement the development nodes by providing extensive recreational opportunities (Hiking/Cycling) in close proximity to some of the most diverse ecological attributes in Hong Kong (Mai Po Nature Reserve, Hoo Hok Wai, Long Valley). The interrelationships of these areas could provide an innovative new-age urban environment that is integrated with the ecological environment and promotes integration with the Mainland through tourism and business. Educational establishments could utilise the ecological areas of the Study Area


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as an open field study centre to investigate the value, functions and necessary protective measures of these important resources.

The LMCDC provides an important link between the LMC Loop and the establishment of the KTN NDA. It is also well placed to take advantage of the strategic transport links, being close to existing BCP and along the alignment of major boundary-crossing transport links to strengthen its role as a major transport node. Sustainable transport modes shall be a priority when connections between the LMCDC and adjacent areas like the KTN NDA, the area that will be excised from the FCA and LMC Loop are being considered not to mention, cross-boundary links. The possibility of enhancing linkage via public transport systems will enhance interflow amongst the KTN NDA, the area that will be excised from the FCA and LMC Loop and could be further investigated as the plans for these strategic development areas begin to materialise. The broader strategic matters and preferred land uses will be further considered under the LMC Loop Study.

Notwithstanding, this report has also identified the importance of the LMC ecological corridor and the encumbrance this may impose on the LMC Loop. In this regard, the LMCDC could also serve as a compensatory land resource (with integrated connection) to counteract land take-up from the corridor. The exact implications of the corridor on the Loop will be determined under the EIA that is required to be completed under the LMC Loop Study. This further establishes that it is still premature to deliver any concrete land use proposals for the LMCDC under this Study without knowing the firm land uses of the Loop and KTN NDA and any ecological limitations imposed on the Loop as a result of future environmental investigations.

A land use framework for the LMCDC should be established under the separate LMC Loop Study. This Study has identified the locational advantages and strategic linkages that the site has to other key development areas. Future use and development of the LMCDC should complement these advantages to provide development that is compatible with future development for the Loop and Kwu Tung North NDA while not compromising the LMC ecological corridor.

Man Kam To Development Corridor

The implementation of a Development Corridor at Man Tam To Road requires an amendment to the Fu Tei Au & Sha Ling OZP to replace the existing agriculture zone. The area is currently zoned under AGR and the OZP will need to be amended to include the new provisions for this proposed development.

In line with the Vision and Themes of the Study, the planning intention for the area is to provide for enhancement of the local environment through the provision of non-polluting logistics, warehousing/distribution (including food processing) centres as well as other high-tech (Information technology & telecommunication, biotechnology, pharmaceutical) and creative industry uses and other services that will support cross-border activities and the local population.

There is no intention for increased residential population in the area. Accordingly, there should be no provision for new residential developments, although the repair and rebuilding of existing structures should be allowed.

The adopted zoning scheme should permit such uses as Logistics Centre, Shops and Services, Field Study/Education/Visitor Centre, Cargo Handling and Forwarding Facility, Eating Place, Office, Market, Petrol Filling Station and Research, Design and Development Centre to achieve the planning intention of the zone. These key uses should be subject to Town Planning Board Approval to ensure that uses are indeed non-polluting, to take into account the potential risk hazard within the SSWTW PHI Consultation Zone and to ensure adequate consideration of the traffic impacts on this major cross-boundary transport link is considered. However to encourage new development in MKTDC, some uses could be included in Column 1 with limited environmental and traffic impact (e.g. Shop and Services)


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as long as the subject site is located wholly outside the PHI Consultation Zone. The maximum plot ratio of 0.4 and a maximum height of 9m should be applied to achieve an integrated development with surrounding vegetation.

It should be noted that these uses would primarily not be supported within the PHI Consultation Zone as they would increase population and this requirement should be stipulated in the statutory land use plan. Any applications for development with population increase within the consultation zone should be supported by a quantitative risk assessment in planning application for consideration by the TPB and its requirement should be stipulated in the statutory land use plan.

Any development application made should submit a high quality submission including the following:





• the landscape and urban design proposals within the area (this must include a detailed MLP and LMP to detail how the site will achieve the no-net-loss in secondary woodland proposals.


• an environmental assessment report, including ecological impact assessment and quantitative risk assessment if within the SSWTW consultation zone;


• a water impact assessment report;


• a visual impact assessment report;

• an archaeological impact assessment and built heritage impact assessment report (subject to the confirmation by AMO); and


Provisions would also need to be placed in the statutory planning document so that any new development should be accompanied by a traffic impact assessment. A detailed visual impact assessment should also be supplied with any proposal and a landscape master plan should show how the proposal will retain any significant vegetation, particularly along the frontage with Man Kam To Development Corridor.

In terms of proceeding with development that achieves the planning intention, some of the government land within the area could be leased to legitimate developers. This will assist in providing areas capable of accommodating the intended uses.

It is considered that the upzoning of the land will stimulate market interest in utilising the enhanced land use provisions for the MKTDC. The development parameters have been based on sound planning principles (strategic location, protection of vegetation etc) to create a unique opportunity for new cross-boundary development. Realisation of the opportunities will be subject to private sector initiative and market forces.


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On another matter, to enhance the protection measures for existing vegetation, the secondary woodland mapping developed under this Study (and latest aerial photography) should be used in considering new development under future applications.

The Man Kam To Development Corridor is identified as having some archaeological potential. AMO should be consulted when there are archaeological interests involved.

Recreation Area

Implementation of the conventional recreational zoning provisions could provide an appropriate approach in terms of permissible land uses. The planning intention should promote nature-based activities, low-scale accommodation, agri-tourism and eco-tourism that does not detract from the natural, historic or rural settings in the area. Complimentary uses could include, but not be limited to, low-intensity uses such as horse riding schools, dog boarding/training/recreation facilities, visitor centres, local historical museums, adventure parks, organic farms, pick-your-own-crops, hobby-farms, accommodation (Camping grounds, farm-stays, B&B, Guesthouses, eco-lodges) , rest-stops, BBQ areas, eating places and other uses that are primarily outdoor nature-based activities as well as eco-parks and nature parks. In this regard, there would be a presumption against significant development such as major theme parks and hotels which should be detailed in the explanatory statement.

The explanatory statement for the Pak Fu Shan Area should also identify the existence of two helipads at the Pak Fu Shan operational base for initial land use considerations and require the submission of an environmental report addressing noise issues.

There would be an assumption that any residential development could only be ancillary to other uses such as short-term or employee accommodation. These restrictions should be imposed in the remarks section of the schedule of uses to ensure an appropriate level of development is achieved.

Development would effectively rely on private sector initiatives, taking into account the improved hard and soft infrastructure and increased tourism opportunities in the area. There is some government land scattered throughout the site which could be leased to legitimate developers as a means of providing consolidated allotments that can provide development consistent with the planning intention.

The Recreation Area at Pak Fu Shan, Fung Wong Wu and Tong To Ping are identified as having some archaeological potential. AMO should be consulted when there are archaeological interests involved.

8.5.2.4 Others Residential Area

The R(E) zoning provisions are best suited to achieve the land use objectives for rural upgrading in this area. The provisions will effectively enhance the rural environment and phase out existing open storage / vehicle parking uses through redevelopment (or conversion) for residential use on application to the Town Planning Board to avoid perpetuation of industrial/residential interface problem. A plot ratio of 0.75 and maximum height of 4 Storeys (including carport) should be applied to provide incentive for land owners to convert to residential uses.

Designation of the zone is appropriate to implement the planning intentions, however there could be implications for land with similar characteristics in surrounding areas outside the current Study Area. Subject to adoption of the recommended land use provisions for this site, further consideration may need to be given by Planning Department to surrounding areas. This would provide a more holistic approach to improving the rural environment in Hung Lung Hang. A more widespread approach would assist in enhancing the entire area.


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The broad approach to considering the short and long term planning of this area provides a committed approach to upgrading the rural character in this location. This committed approach and the provision of enhanced land use options should encourage more compatible development in this location that will support the implementation of this proposal.

To enhance the attraction for new development, the provision of adequate infrastructure to the area should be provided. This will minimise development costs for major extensions to infrastructure and promote implementation of the planning intentions.

As some archaeological potential is identified in the area, AMO should be consulted when there are archaeological interests involved.

Disused Schools

The preferred uses for the four disused schools within the Study Area could be accommodated under the existing GIC zoning provisions. The preferred uses are by no means restrictive and further negotiations with village representatives and key government authorities are necessary to formalise final re-use options. The proposed planning mechanism can provide adequate support for implementing a range of uses for the schools.

Recreation and Tourism Plans

The provision of the proposed recreational and tourism initiatives to attract visitors (and enhance the economic activities) within the Study Area should be supported by a comprehensive promotion and marketing strategy. This would ideally be undertaken by the Hong Kong Tourism Board/Commission to identify the key features of the former FCA and promote this as a key destination for local and international tourists. The Study Area will provide a unique view of Hong Kong’s history and provide an opportunity for visitors to understand the previous history and emerging relationships with the Mainland.

A promotional and marketing strategy supported by advertising, brochures, web-sites etc should be established. This could also include a list of accommodation services by providing a data base of established short-term accommodation from the proposed eco-lodge to the establishment of B&B and Guesthouse uses in existing NTEH. The village zoning provisions which allow the establishment of eating places and shops/services on the ground floor of any NTEH should also be promoted to encourage economic opportunities for local villagers.

Advice and assistance to local villagers would be required to help harness the economic potential from the release of the FCA and proposed recreational/tourism facilities. Advice should be given to assist local villages to develop a sense of attraction for visitors utilising themes, local heritage, proximity to facilities, establishment of markets, provision of accommodation, linkages with agricultural activities, provision of interpretive tours of key sites etc. This will allow villages to actively contribute to enhancing the local economy. Importantly, it also gives local villages the option to participate in the proposed improvement of the Study Area.

This form of strategy could prove instrumental in realising the tourism and economic potential of the Study Area. It should reflect the high proportion of conservation and recreation initiatives to encourage visitors to visit the area.

To further enhance the implementation of the tourism initiatives, a subsequent Tourism Study (TS) should be conducted that specifically investigates the promotion of tourism within villages within the Study Area. This is an appropriate step to enhancing the abilities of the villagers to harness the economic opportunities provided under this Study. The TS should undertake a detailed investigation for a selected number of villages and recommend strategies to create tourism nodes within the villages as a nexus to stimulating a tourism and recreation economy within the Study Area. It should consider land use, layout, linkages and socio-economic conditions to identify opportunities and constraints for local villagers to create a vibrant tourism destination. The TS should importantly be conducted with the


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blessing and detailed consultation with local villages to create examples for other villages within the Study Area and Hong Kong.

8.6 Recommendations in relation to existing Outline Zoning Plans and Planning Policies

8.6.1 Proposed Changes to Outline Zoning Plans

Existing OZPs within the Study Area and those adjoining the Study Area have been considered in developing the RDPs. The existing OZPs that apply to the Study Area have been retained as far as possible with the exception of the following which would need to be amended in accordance with provisions under the Town Planning Ordinance (Cap. 131) to facilitate the proposals under the RDPs:

8.6.1.1 San Tin Outline Zoning Plan (S/YL-ST/8)

It is recommended that the eastern boundary of the OZP could be amended to ensure that the proposed eco-lodge site is completely within a single OZP. Realigning the boundary (refer to Figures 4.11 and 4.25) will provide the eco-lodge site completely within Planning Area 2 (although, there is no objection to the boundary being revised to include the Eco-lodge within the San Tin OZP either). Should the boundary alignment be adopted, this would be the only marginal change to the San Tin OZP and would enhance the implementation of the land use intention for this development proposal.

Should the realignment not be adopted, the land use provisions for the proposed eco-lodge would need to be adopted into the San Tin OZP.

8.6.1.2 Fu Tei Au & Sha Ling Outline Zoning Plan (S/NE-FTA/10)

Fu Tei Au & Sha Ling OZP will require some more intensive alterations to accommodate the Man Kam To Development Corridor, Kong Nga Po comprehensive development area, Residential Area at Hung Lung Hang and some additional Green Belt to reflect permitted burial grounds that are not shown on the existing OZP (refer to Figure 4.41).

The inclusion of the MKTDC would only require the insertion of the adopted zoning provisions for the proposed development. A planning intention and intended uses have been provided to assist in the preparation of statutory land use provisions. Other provisions to be included in notes for the preparation of the DPA have also been provided, particularly preparation of a quantitative risk assessment for any development within the SSWTW consultation zone and no-net loss in secondary woodland principle.

It is suggested that the CDA zoning provisions could be utilised to support the proposed Kong Nga Po residential development with all permitted development requiring TPB approval. The intention for the site is for a sustainable residential community which will show-case sustainable design initiatives. The statutory provisions should require the development to show how it can achieve the sustainability initiatives and a Planning Brief should be provided to support the proposed development. It is recommended that the R(E) zoning provisions could be provided to support the land use intentions for Hung Lung Hang. Future development in this area should be restricted to a maximum plot ratio of 0.75 and building height of 4 storeys (including carport).

8.6.1.3 Hung Lung Hang Outline Zoning Plan (S/NE-HLH/7)

In preparing the statutory plans, PlanD will need to consider the short and long term planning suggestions made. This could involve amendments to the adjacent land zoned AGR under the Hung Lung Hang OZP to encourage rural upgrading within the valley to the east of the proposed Kong Nga Po comprehensive development area. Should the suggestions be supported, the agricultural areas should be amended to ”R(E)” utilising the standard provisions under the Master Schedule of Notes with a maximum plot ratio of 0.75 and building height of 4 storeys (including carport).

8.6.2 Consistency with Existing Outline Zoning Plans

In addition, the preparation of the RDPs has considered the zoning structure under all relevant OZPs adjoining the Study Area to ensure continuity in the land use boundaries


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within the Northern territories. The RDPs achieve continuity with all adjoining OZPs to the south of the Study Area which generally comprise Green Belt or Agriculture zones. Some discrepancies include:

• Interface between GB and AGR west of Tong Fong (refer to Figure 4.57) – the proposed land use framework for RDP 4 only covers the permitted burial grounds under the GB designation. The GB zoning under the Ping Che and Ta Kwu Ling OZP seems to be more expansive and applies to flat agricultural land. Review of this zoning will be considered under the NENT NDA Study.

8.6.3 Implications to Existing Policy

8.6.3.1 Provision for Short Term Accommodation in NTEH under Town Planning Ordinance

It has been proposed to provide opportunities for the short-term accommodation in existing NTEH. Further investigations have determined that there exist provisions under the Hotel and Guesthouse Accommodation Ordinance (HGAO) (Cap.349) which requires a licence for the establishing a "holiday flat" in a village type houses in the New Territories. It should be noted that the modern leases granted for small-house development would normally permit non-industrial uses. Thus, short-term accommodation in these small-houses is permitted.

Notwithstanding these provisions, To provide a planning mechanism to support these uses, the inclusion of a new definition of “Holiday Flat” in the Definition of Terms and adoption of this new definition in column 2 of the zoning provisions is proposed for land designated for village purposes. With reference to the HGAO, the definition of “Hotel” and “Guesthouse” could be adopted and applied to the definition for Holiday Flats as:

“Holiday flats are establishments located in village type houses in New Territories and outlying islands being held out in which sleeping accommodation is provided for any person presenting himself who appears able and willing to pay a reasonable sum for the services and facilities provided for a period of less than 28 continuous days”

8.6.3.2 TPB Guidelines for Application for Developments within Deep Bay Area (TPB PG-No. 12B)

The TPB PG-No. 12B has been recommended for extension to cover the area of Hoo Hok Wai so that there is a consistent approach to the planning framework for this are which is also included in the ‘Deep Bay Wetland Outside Ramsar Site Priority Site” area under the NCP. In this regard, there is potential for the WCA to be extended over the priority area as it covers Hoo Hok Wai with an appropriate 500m WBA extending to the south (Figure 4.28 refers). The suggested extension will provide a consistent approach for the consideration of all section 16 applications within the area. The Guidelines were previously not applicable to the proposed extension area as it was not covered by a statutory zoning plan and therefore was not capable of receiving section 16 applications.

8.6.3.3 Heritage Policy

The heritage resource with statutory protection in the project Study Area is the Residence of Ip Ting-sz, as it is now a Declared Monument. A degree of protection is provided to Graded Buildings as “points” within the planning area as grading means that the Antiquities and Monuments Office will vet all proposals which may impact these buildings. If these buildings are to be adversely affected by any development, mitigation measures should be proposed and implemented in consultation with the AMO. New initiatives to promote adaptive re-use will also facilitate the conservation and continuing relevance of these buildings.

Traditional villages as “surfaces”, however, only have protection within the Village Zone provided by administrative procedures that inform the Antiquities and Monuments Office in advance of village house development. If these buildings are to be adversely affected by any development, mitigation measures should be proposed and implemented in


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consultation with the AMO. Similarly, archaeological sites (AS) have administrative mechanisms to red flag them in the development process

The Cultural Heritage Impact Assessment (CHIA) provides the baseline study, impact assessments and appropriate mitigation measures for the heritage sites within the proposed project area. The CHIA process applies to all forms of heritage, including points, lines and surfaces” and assures the consideration of preservation within development proposals. Application of CHIA will be the most effective tool to preserve the heritage of the RDPs.

Hong Kong needs to be brought into line with international approaches to conserving indigenous, vernacular and other forms of cultural heritage. A more formal and unified process is needed to assist the AMO in their work of preserving the traditional villages and landscapes of the Study Area based on a comprehensive conservation policy.

Guidance for approaches to conservation in the Study Area can be found from the charters, guidelines and principles that frame the international heritage profession. Particularly relevant and useful documents for planning and implementing conservation planning in the Study Area include:

Document and Date Applicability International Charter for the Conservation of Monuments and Sites (the Venice Charter), 1966

Outlines the basic doctrine of what is now accepted to be an appropriate approach to dealing in philosophical terms with historic buildings. Stresses importance of setting, respect for original fabric, precise documentation of any intervention, the significance of contributions from all periods to the building's character, and the maintenance of historic buildings for a socially useful purpose.

Burra Charter The Australian ICOMOS Charter for the Conservation of Places of Cultural Significance. 1981

Introduces the concept of cultural significance, the 'aesthetic, historic, scientific or social value for past, present and future generations', and requires this to be defined for each place, and conservation plans to be established and justified prior to any intervention. It provides a description of conservation principles and processes that are intended as a definition of good practice

Tlaxcala Declaration on the Revitalisation of Small Settlements. 1982

Considers initiatives for safeguarding communities living in small settlements and the traditional environment of such places.

Guidelines for Tourism in Vernacular Settlements. 2000

Provides guidance on balancing tourism development and local preservation needs and rights with the aim of achieving sustainability and long term benefit.

Principles for the Conservation of Heritage Sites in China [China Principles ] 2002

Detailed principles and guidance for all aspects of preservation and safeguarding built and tangible heritage, focussing on the specific needs of Chinese heritage resources and communities.

Ename Charter for the Interpretation of Cultural Heritage Sites. 2004

Standards for best practice in interpreting heritage for local communities and tourists.

Xi’an Declaration on the Conservation of the Setting of Heritage Structures, Sites and Areas. 2005

Provides guidance and recommendations for preserving the important settings of rural and urban heritage sites to ensure sustainable development and retention of significance.

Hoi An Protocols for Best Conservation Practice in Asia. 2008

Hands on guidance for decision making and implementation of conservation and management of heritage with specific reference to Asia.

8.6.3.4 Protection of Agricultural Land Existing and abandoned farmlands can be encouraged for horticulture and environmentally friendly farming. Currently, environmentally friendly farming and organic farming are being


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promoted by both the public and private sectors. For instance, Agriculture, Fisheries and Conservation Department (AFCD) provides comprehensive technical support to any farmers intending to set up environmentally friendly farming, particularly greenhouse and organic farms. It also assists to identify suitable farmlands through matching interested farmers and landowners of farmland. However, better co-ordination between different parties to provide a more comprehensive service to land owners and agricultural operators is required. This matter will be subject to integration by relevant Government Authorities to promote appropriate farming practices within the Study Area where agriculture is proposed. The Study Area contains an extensive amount of land which is designated for agriculture with potential to be restored for agricultural practices. In order to protect agricultural lands from mis-use or neglect, overall Agricultural Policy is also required to ensure agriculture as a viable means of sustaining local livelihood.

8.7 Recommendation for Future Tourism Study

To further enhance the implementation of the tourism initiatives, a subsequent Tourism Study (TS) should be conducted that specifically investigates the promotion of tourism within villages within the Study Area and implementation to assist local villagers in realising the economic potential. The provision of the proposed recreational and tourism initiatives to attract visitors (and enhance the economic activities) under this Study should be supported by a comprehensive promotion and marketing strategy. This would ideally be undertaken by the Tourism Board to identify the key features of the former FCA and promote this as a key destination for local and international tourists. The Study Area will provide a unique view of Hong Kong’s history and provide an opportunity for visitors to understand the previous history and emerging relationships with the Mainland.

It is also critical that the TS identifies measures for local participation in establishing and maintaining a tourism economy in the Study Area as villages will be key activity nodes within the future. The TS is an appropriate step to enhancing the abilities of the villagers to harness the economic opportunities provided under this Study.

With the extension of the recreation areas under the RDP which has a planning intention to promote nature-based activities, low-scale accommodation, agri-tourism and eco-tourism that does not detract from the natural, historic or rural settings in the area. It promotes low-intensity uses such as horse riding schools, dog boarding/training/recreation facilities, visitor centres, local historical museums, adventure parks, organic farms, pick-your-own-crops, hobby-farms, accommodation (Camping grounds, farm-stays, B&B, Guesthouses, eco-lodges) , rest-stops, BBQ areas, eating places and other uses that are primarily outdoor nature-based activities as well as eco-parks and nature parks. These use are complimentary to the potential Country Park, Agricultural (leisure farming, farm-stays etc.) uses, Eco-lodge proposal, Hiking Trail, Cycle Track etc that envisage a collaboration of low-scale nature-based activities within the Study Area. With a genuine interest from people in visiting this former restricted area, the Villages have an opportunity to be the key nodes within a tourism surface that could promote local, regional and international tourism in the area that will stimulate substantial economic growth. The financial assessment has already determined that the Study Area could receive potential visitor revenue that could be generated by the expected visitors could be as much as HK$201 million per year that will predominantly be centralised within the villages.

The TS should undertake a detailed investigation for a selected number of villages and recommend strategies to create tourism nodes within the villages as a nexus to stimulating a tourism and recreation economy within the Study Area. It should consider land use, layout, linkages and socio-economic conditions to identify opportunities and constraints for local villagers to create a vibrant tourism destination. It should also investigate appropriate implementation strategies for the establishment of uses / facilities that create a unique and desirable destination within individual villages that represent the history, cuisine, architecture, location, environmental features or other key elements to develop vibrant and


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successful tourism nodes with individuality to encourage visitor interest across the Study Area. The hiking trails, bicycle tracks, upgraded roads and provision of public transport will facilitate access to and around the Study Area. It could truly become a real weekend get-away destination for Hong Kong and Mainland residents providing a tranquil and natural “Green Area” between the existing urban areas.

Promotion of sustainable tourism initiatives should be enhanced to allow villagers to recognise the benefits of protecting natural/cultural features as assets for promoting tourism. This is particularly relevant to the Lin Ma Hang Stream SSSI. Active awareness and education about the ecological and also potential economic value of protecting environmental assets should be shown to villagers to promote protection of the stream and other natural assets in the Study Area. This will support the overall vision to promote sustainable activities in the Study Area.

This Study has established the land use framework to promote tourism in the area that will be excised from the FCA, however a further study would consolidate multi-faceted issues and identify relevant mechanisms (policy support, funding mechanisms, implementation agents, statutory approval requirements, layout recommendations, marketing strategies etc) to support local villages and landowners in establishing a successful tourism-based economy. The TS should importantly be conducted with the blessing and detailed consultation with local villages to create examples for other villages within the Study Area and Hong Kong.

041-02 Final Report

Documents

Transcript of 041-02 Final Report