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Working Paper No. 17 Major Development Constraints and Opportunities

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Working Paper No. 17 Major Development Constraints and Opportunities This subject paper is intended to be a research paper delving into different views and analyses from various sources. The views and analyses as contained in this paper are intended to stimulate public discussion and input to the planning process of the "HK2030 Study" and do not necessarily represent the views of the HKSARG. WORKING PAPER NO. 17 MAJOR DEVELOPMENT CONSTRAINTS AND OPPORTUNITIES PURPOSE 1. The purpose of this paper is to: a. identify those areas which are considered not suitable to be designated as new growth areas; b. briefly discuss the merits and demerits of those new development opportunities identified. INTRODUCTION 2. In the absence of certainty in the extent of future population growth, we need to postulate a long-term scenario under which housing and infrastructure needs arising out of additional population will exceed the capacity of our existing and committed development areas. Under such circumstances, we will need to identify suitable further development growth areas that offer development (or redevelopment) potential to accommodate the growth needs. We also need to identify suitable land to accommodate projected and unforeseen needs emerging from our economic growth. CONSTRAINTS 3. Establishing the principal constraints to development helps us eliminate those areas which are considered not suitable to be designated as new growth areas. However, this broad assessment does not draw any conclusions as to whether development should or should not proceed in these areas. The essence is that areas with constraints should be accorded low priority for development. Where there are overwhelming development needs, it would seem unreasonable to preclude development in total. Obviously, a careful balance based on the principles of sustainable development is required to justify for any proposed development in these areas. 4. Constraints on development potential may be divided into six broad categories as detailed in the following paragraphs. Some areas/places may fall within one or more of these broad categories (Plan 1). In addition, it should be noted that existing developments/public facilities also constrain the development potential of the sites concerned given the need to demolish the structures and, if necessary, reprovision the facilities for public use. (A) Ecological and Other Natural Resources Ramsar Site 5. The Mai Po Marshes, together with the Inner Deep Bay area, were listed as a "Wetland of International Importance" under the Ramsar Convention 1 in September 1995. About 1 500 ha of mudflats, fish ponds, marshes and dwarf mangroves provide a rich habitat, particularly for migratory and resident birds. Mai Po and the Inner Deep Bay wetlands are managed by the Ramsar Management Authority under the auspices of Agriculture, Fisheries and Conservation Department (AFCD) to ensure the wetlands are managed in a sustainable manner. Normally, development would not be allowed within these areas unless it is required to support the conservation of the ecological integrity of the wetland ecosystem in the area. Moreover, the Mai Po Ramsar Site is zoned "Conservation Area" and "SSSI" on the corresponding outline zoning plan, thereby providing protection under the statutory planning system. Wetland Conservation Area (WCA) and Wetland Buffer Area (WBA) 6. Proposed development within the wetlands and their buffer areas in the Deep Bay Area would require planning permission from the Town Planning Board and is guided by the Board's Guidelines (TPB PG-No. 12B) to avoid irreversible adverse impacts of developments on the fishponds and other wetland habitats in the Deep Bay Area. Restricted Areas 7. Under the Wild Animals Protection Ordinance (Cap. 170), important wildlife habitats at Mai Po Marshes, Yim Tso Ha Egretry and Sham Wan Beach have been designated as Restricted Areas. Access to these areas is restricted. Sites of Special Scientific Interest (SSSIs) 8. SSSIs may be land-based or marine sites which are designated for the protection of their flora, fauna or features of geographical, geological or physiographic interest (e.g. Tai Po Kau Nature Reserve and Tung Lung Fort). SSSIs are identified by the AFCD and a register of the SSSI sites is maintained by the Planning Department. Once identified, SSSIs are shown on both statutory and departmental plans prepared by the Planning Department. Development is generally not allowed on sites zoned as SSSI on outline zoning plans. However, more amenable uses such as agricultural use, amenity area, field study centre/education centre/visitor centre etc. on these sites may be permitted upon application to the Town Planning Board. 9. When land use plans are being prepared, the wider implications of conservation zones must be considered. Certain land uses are not satisfactory neighbours, e.g. polluting industry next to natural habitat. Therefore, a SSSI declared as a wildlife habitat may only be sustainable if the wider surroundings remain rural so as to provide feeding grounds. Similarly, a wetland site may be sustained if a particular water resource is protected. Country Parks and Special Areas 10. Country Parks and Special Areas are designated under the Country Parks Ordinance (Cap. 208) and managed by AFCD on the advice of the Country and Marine Parks Board. At present, there are 23 Country Parks and 15 Special Areas (11 of which lie within the Country Parks) in Hong Kong with a total area of 41 582 ha, amounting to around 38% of the total land area of Hong Kong. Country Parks are designated for the purposes of nature conservation, countryside recreation and education, whereas Special Areas are areas of government land with special interest and importance by reason of their flora, fauna, geological, cultural or archaeological features. 11. No new development can be carried out within the Country Parks and Special Areas without the consent of the Country and Marine Parks Authority (i.e. Director of Agriculture, Fisheries and Conservation). Marine Parks and Marine Reserves 12. Marine Parks and Marine Reserves are designated under the Marine Parks Ordinance (Cap. 476). Marine Parks are designated for the purposes of nature conservation and marine recreation, whereas Marine Reserves are designated for their high conservation, research and educational values. At present, there are three Marine Parks and one Marine Reserve with a total area of 2 160 ha. The 4th Marine Park at Tung Ping Chau (with an area of 270 ha) will be designated by the end of 2001. Both Marine Parks and Marine Reserves are managed and protected through the control of activities and development in the designated areas. Victoria Harbour 13. In the past, reclamation had been the main source of land supply in Hong Kong. However, recent public sentiments are against further reclamation, especially in the Victoria Harbour. The potential loss of water area as a valuable natural assets and possible adverse impacts on the hydraulic and water quality are the main concerns. 14. Hence, under the Protection of the Harbour Ordinance (Cap. 531) enacted in 1997, the Victoria Harbour is protected and preserved as a special public asset and a natural heritage. The Town Planning Board also promulgated a statement of vision and goals for the Victoria Harbour in October 1999, with the intention to preserve it as a public asset and a natural heritage of Hong Kong people, to maintain it as a focal point of Hong Kong and to develop it into a major tourist attraction. Moreover, the Board has promulgated a Statement of Intent on Reclamation stating that reclamation in the Harbour should only be carried out to meet essential community needs and public aspirations. Other Unprotected or Unidentified Resources 15. In addition to those ecological/natural resources that are protected with various kinds of legal/administrative measures as discussed in the above paragraphs, there are still elements of natural resources of different nature and different degrees of conservation importance not covered by any type of protection. One example is Long Valley, which is a large area (about 33 ha) of freshwater wetland agriculture in Hong Kong. The habitats created by the agricultural activity there support a high diversity of bird species, some of which are of conservation importance. Given the extent of the countryside areas in Hong Kong, there could also be other areas with ecological value yet to be identified. The conservation value of these areas should be fully taken into account in the preparation of land use plans. The requirement of environmental impact assessment (EIA) and environmental permit under the EIA Ordinance enacted in April 1998 also established a means for protection of these unidentified resources if they are affected by specific development projects. (B) Heritage 16. Across the territory, there are relics of human activity spanning some 6 000 years, ranging from archaeological sites of the prehistoric era to historical buildings of more recent times. Similar to the protection of sites with ecological value, consideration should be given to conserve not only individual items of heritage value but also their surrounding environment. New development contiguous to these sites should also be in harmony with the protected features in terms of character and scale. Declared Monuments 2 17. There are 72 declared monuments recorded by the Antiquities and Monuments Office (AMO) as at 29 December 2000, mostly in the New Territories and on Hong Kong Island. According to the Antiquities and Monuments Ordinance (Cap. 53), no person is allowed to demolish, deface, or disturb a declared monument without permission from the Antiquities Authority (i.e. Secretary for Home Affairs). However, this does not preclude making good use of the protected buildings for whatever purpose which will not cause detriment to their condition and protected value. Other Archaeological Sites 18. Archaeological sites in Hong Kong include ancient architecture, kilns, hearths, rock carvings, farm lands, refuse mounds and footprints of ancient human beings. According to AMO's record, the archaeological resources comprise 17 declared monuments (see Information Note No.
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