Re: Section 12A of the Town Planning Ordinance Rezoning Agriculture to Other Specified Uses annotated Rural Use in Ha Pak Nai, Sheung Shui (Y/YL-PN/3)

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1 WWF Hong Kong Chairman and Members Town Planning Board 15/F North Point Government Offices, 333 Java Road, North Point, H.K. ( Dear Sir/Madam, 香港中環纜車徑一號 No.1 Tramway Path, Central, Hong Kong 電話 Tel: 傳真 Fax: wwf.org.hk Our Ref.: SHK/LDD 7/10 27 August 2010 By ONLY Re: Section 12A of the Town Planning Ordinance Rezoning Agriculture to Other Specified Uses annotated Rural Use in Ha Pak Nai, Sheung Shui (Y/YL-PN/3) WWF would like to lodge an objection to the captioned. Our views are as follows: 1. Inconsistent with the General Planning Intention as stated in the Approved Sheung Pak Nai and Ha Pak Nai Outline Zoning Plan. S/YL-PN/9 The general planning intention of the area according to the approved Sheung Pak Nai and Ha Pak Nai Outline Zoning Plan No. S/YL-PN/9 is to sustain agriculture and rural activities to avoid unwanted urban growth, to enhance the quality of the environment, and to preserve the scenic and landscape value of the unspoiled natural features. With reference to Fig. 7.1 of the Environmental and Ecological Assessment (EEA) Report of the Planning Statement, a major portion of the area of the existing site remains as active agriculture and orchard, where a number of species of conservation interests were recorded (Table 7.19 of the EEA Report). However, according to the planning statement of the proposal, a significant area of the active agricultural land and orchard will turn into a residential development with a layout apparently different from the traditional villages in the rural area of Hong Kong. As such, WWF considers that the proposed OU(RU) zoning is inconsistent with the general planning intention of Ha Pak Nai while the existing land use zoning, Agriculture ( AGR ), is more appropriate to preserve the scenic and landscape value of the Pak Nai area. 2. Failing to comply with the Town Planning Board Guidelines TPB PG-No.38 According to the Town Planning Board Guidelines for Designation of Other Specified Uses annotated Rural Use ( OU(RU) ) Zone and Application for Development within OU(RU) Zone under Section 16 of the Town Planning Ordinance (TPB PG-No.38), OU(RU) has the main objective to preserve the - 1 -

2 rural landscape/character and to provide land for small-scale rural and passive recreational uses (such as open space landscaped as parks, gardens, sitting-out areas, waterfront promenades, paved areas for informal games, children s playgrounds, jogging and fitness circuits etc.) and breathing space. The planning intention of the OU(RU) zone is primarily for the preservation of the character of the rural area, as well as providing incentives and adequate enforcement to phase out incompatible and unacceptable features (see Section 1 of TPB PG-No.38). According to item 3.7 of the TPB PG-No.38, rezoning to OU(RU) zone will not be considered for areas adjoining or near to Conservation Area, Site of Special Scientific Interest, Green Belt, Country Park, Special Areas, active farmland, streams, wetland, marshes, woodlands, important habitats if the proposed rezoning would have adverse impacts on these areas. A number of sensitive and ecologically important habitats are adjoining or near the rezoning application site. Although the applicant has conducted an EEA with mitigation measures, it only holds 20.8% of the site (where the residential development located) while 49.3% of the land is government land (Section 2.4 of the Planning Statement). It is worth to note that the proposed preservation area and public facility area are primarily located on Government land only. WWF considers the implementation of such development scheme should include a holistic plan together with clear conservation objectives and effective conservation and management plans with the endorsement by the Government in order to ensure the ecologically important resources are effectively managed with the potential impacts to the environment minimised. Our specific ecological concerns are as follows: Pak Nai Egretry With the largest number of nesting colony recorded, the egretry for Little egret (Egretta garzetta) at Pak Nai is considered as one of the most important in Hong Kong 1, 2. The surrounding intertidal and fishpond wetland areas are also important as foraging area of the egrets. While the application site is apparently located over a major flight path between wetlands and the egretry, disturbance during construction will likely affect the foraging pattern of the egrets. Indeed, the applicant also suggests that under the worst case scenario, wildlife, including egrets, may temporarily displace to nearby intertidal area and wetlands for roosting and foraging purposes (Section of the EEA Report). WWF considers such risk of affecting this important egretry is unacceptable. 1 Agriculture, Fisheries and Conservation Department (AFCD) Newsletter Issue No. 14 Reviews of Egretries in Hong Kong. 2 Anon, Summer 2009 Report: Egretry Counts in Hong Kong with particular reference to the Mai Po Inner Deep Bay Ramsar Site. Report by Hong Kong Bird Watching Society to the Agriculture, Fisheries and Conservation Department, Hong Kong Special Administrative Region Government

3 Although the applicant suggests that it s proposed Butterfly World may serve as a buffer between the development area during construction and operation phase, human activities within the Butterfly World may also impose direct disturbance to the egretry. The future operation of the residential area and its associated recreation uses will also increase the level of human activities of the area in both day and night, which may impose disturbance to the egretry. It is worth to note that according to our communication with the local resident in that area, the disturbance from traffic is extremely low at night, particularly after the public transport service stops at It is anticipated that the disturbance from traffic to the night roosting site of egrets will increase when the proposed residential development is in operation. Black-faced spoonbill Direct observation of the globally endangered Black-faced spoonbills was made at the intertidal area nearby the application site. The Black-faced spoonbills were also found foraging at the river mouth of a stream laying the northwest adjacent to the site (Figure 1). However, the applicant has failed to record this important species of conservation interest in the avifauna survey in the EEA Report. The construction activities and the potential increase in human activities during the operation phase will impose disturbance to this foraging ground of this globally endangered species but such potential impacts has not been evaluated and addressed by the applicant. Horseshoe crabs Two species of horseshoe crabs, Tachypleus tridentatus and Carcinoscorpius rotundicauda, are recorded at the intertidal shore adjacent to the application site. No horseshoe crabs have been seen spawning in Hong Kong for many years, however, a significant direction observation of a mating pair of C. rotundicauda was made by a local naturalist in Aug 2009 at the lower course of a stream lying the northwest of the site (Figure 2), highlighting the conservation important of this area to horseshoe crab in Hong Kong. Any potential increase of human disturbance during the construction and operation phases, pollution from runoff during construction, and change in streambed substrate characteristic and flow regime of the stream for due to the raised level (by 1.5 m) of the development site (Section of the Planning Statement) and additional runoff to the existing stream (Section of the Planning Statement) will likely impose adverse impacts to the important horseshoe crab habitats in the Coastal Protection Area adjacent to the application site

4 Other species of conservation interests In addition to the ecologically important seagrass bed, a recent survey in 2009 had identified two endemic species of moth in Ha Pak Hai (personal communication: Roger C. Kendrick). However, the EEA Report has failed to evaluate the impact of the proposed development to these insect species of conservation interests. We respectfully urge the Town Planning Board members to reject this rezoning application Thank you for your consideration. Yours faithfully, Alan S.L. Leung Conservation Manager, Terrestrial - 4 -

5 Figure 1. The Black-faced spoonbills were also found foraging at the river mouth of a stream lying the northwest adjacent to the site. Photo taken by Mr. Kevin Laurie in January Figure 2. A mating pair of horseshoe carb, Carcinoscorpius rotundicauda, located at the lower course of a stream lying the northwest of the site within the Coastal Protection Area adjacent to the proposed rezoning site. Photo taken by Mr. Kevin Laurie in Aug