SUPPORTING NOTES

LEARNING OBJECTIVES

• To understand the statutory framework in Hong Kong to balance the development and control in various construction projects with different landscape projects, such as the application of practice notes and ordinance.

• To understand different necessary statutory actions in different stages throughout construction projects.

• To understand the role of Landscape Architects in the development process in Hong Kong.

• To understand the detailed procedures of different statutory applications, such as the Tree Survey and Tree Preservation and Tree Removal Application (TPRP), Landscape Master Plan (LMP)

• To understand the concept of sustainable development and green building

• Knowing how to distinguish the responsible maintenance department for trees in different locations

• To understand the importance and procedures of EIA as process advisory council on the environment

• To understand the importance and treatment on slope maintenance in Hong Kong

• To identify what departments should respond to different trees.

GLOSSARY

1. Country Park (CP)

To reflect a country park or special area as designated under the Country Parks Ordinance (Cap 208), where all uses and developments require consent from the Country and Marine Parks Authority.

2. Coastal Protection Area (CPA)

To conserve, protect and retain the natural coastlines and the sensitive coastal natural environment, including attractive geological features, physical landform or area of high landscape, scenic or ecological value, with a minimum of built development; and to cover areas which serve as natural protection areas sheltering nearby developments against the effects of coastal erosion, with a general presumption against development.

3. Site of Special Scientific Interest (SSSI)

To conserve and protect the features of special scientific interest such as rare or particular species of fauna and flora and their habitats, corals, woodlands, marshes or areas of geological, ecological or botanical/biological interest which are designated as SSSI and to deter human activities or developments within the SSSI, with a general presumption against development.

4. Green Belt (GB)

To primarily conserve the existing natural environment amid the built-up areas/at the urban fringe, to safeguard it from encroachment by urban type development, to define the limits of urban and sub-urban development areas by natural features, to contain urban sprawl as well as to provide passive recreational outlets, with a general presumption against development.

5. Conservation Area (CA)

To protect and retain the existing natural landscape, ecological or topographical features of the area for conservation, educational and research purposes and to separate sensitive natural environment such as SSSI or Country Park from the adverse effects of development. There is a general presumption against development in this zone.

6. Landscape Master Plan (LMP) Submission

Landscape Master Plan Submission required in planning permissions or lease conditions where new landscape features are required to fulfil planning objectives/conditions. Application is made to PlanD. JPN3 is the procedural guide where the landscape areas are not required to be handed over to government after completion. According to JPN3, Landscape Master Plan requires detail on existing site, impact on trees/tree survey, demarcation of public/private space, plans, sections, details, schedule of soft/hard work materials, treatment of slopes/structures.

7. Visual Impact Assessments (VIA)

TPB PG-NO. 41 Submission of Visual Impact Assessment For Planning Applications.

Guidelines applicable when a) VIA is stipulated in the Notes of the statutory plan/ approved conditions/ requested by the TPB/ within a zoned “Comprehensive Development Area”; or b) the proposal involves modification which will increase scale and intensity and visual changes from key public viewing points; or c) the proposal may affect existing visually sensitive areas due to its nature, scale, location, visual prominence, design, relationship to the site context, etc.

8. Greenery Area

Greenery area is an area planted with trees, shrubs, any other types of living plants. Nowadays, there is minimum requirement on site coverage of Greenery in all new government projects and most of the private development. Requirement on greenery depends on the size of sites. Greening features at different locations, height (i.e. Primary Zone) as well as different forms (i.e. Vertical greening)  may contribute different weightings to greenery calculation. For details, please refer to Technical Circular (Works) No. 3/2012 by Development Bureau.

9. Tree Preservation /Tree Removal Application (TP/TRA)

The leases of many developed sites have a tree preservation clause and conditions for tree preservation /felling approval, imposed under the development permission by Town Planning Board (TPB). Tree preservation/felling/works are administered by LandsD (with advice from ArchSD) in accordance with LAO PN No. 7/2007. The principle of avoidance of tree felling applies. A compensatory planting proposal is required upon felling.

10. Definition of a Tree

A plant is considered as a tree if its trunk diameter measures 95mm or more at a height of 1.3m above the ground level.

11. DBH

DBH refers to Diameter at Breast Height (of a tree).

12.  Maintenance Responsibility

In public areas, maintenance responsibility of vegetation and hard landscape is depend on their locations, categories of lands and initiated departments. For details, please refer to Technical Circular (Works) No. 6/2015 by Development Bureau.

Government department for tree maintenance:

• Leisure and Cultural  Services Department: To manage trees in the department's  venues and landscaped areas along public roads, except expressways.

• Highways Department: To manage trees on roadside man-made slopes, retaining walls and  expressways.

• Architectural Services  Department: To manage trees on man-made  slopes maintained by the department.

• Water Supplies  Department: To manage trees within waterworks  facilities.

• Housing Department: To manage trees in public housing estates.

• Agriculture, Fisheries and  Conservation Department: To manage trees in country parks.

• Drainage Services  Department: To manage trees within drainage  facilities.

• Civil Engineering  and Development Department: To manage trees in works areas  during construction.

• Lands Department: To manage trees on unallocated  government land not managed by any other departments.

13. Four major controls in Hong Kong

14. Planning Control

Town planning board and town planning ordinance will publish Statutory plans They control your proposal in terms of its Use and Plot ratio In Statutory plans, there are 3 components 1. the Outline Zoning Plan 2. notes attached to plan 3. explanatory statement for the plan They Includes things like: Objects, zoning, permitted uses, plot ratio, building height, etc.

15. Building Control

Building ordinance is a long set of regulations focusing on Building volume and density, Safety, and health And Height, Green coverage percentage, Site coverage and Plot ratio are some common controls Landscape architects may deal with.

16. Lease Control

Virtually all land in Hong Kong is held by HKSAR government or leased Land lease is a contract between the government and the lot owner, so land lease is a Contractual control Administered by Lands department. Each land rented from the government will have years of lease and property owner in the lease. In a lease, it includes conditions like coloured areas, total GFA, height restriction, preservation of trees, landscaping, etc., where land tenants need to follow when developing a piece of land. The condition will also refer to related practice notes that show what submissions have to be made and what are their standards.

17. Environmental Impact Assessment (EIA)

Environmental impact assessments are intended to identify the potential impacts of a project in the early planning stages, as well as any alternatives or mitigation measures under Environmental Impact Assessment Ordinance (Cap 499)

The purpose EIA is to avoid, minimise and control the adverse impact on the environment of designated projects through the application of the environmental impact assessment process and the environmental permit system. This booklet is for explanatory purposes only and is intended to serve as a guide to the provisions of the Ordinance, the associated Regulations and the Technical Memorandum. In case of doubt, the reader is advised to consult the Ordinance, the Regulations or the Technical Memorandum which are all available on the website (http://www.epd.gov.hk/eia).

Listed in Schedules 2 and 3 of the Ordinance, for which an Environmental Permit (EP) will be required for construction, operation and/or decommissioning.

Schedule 2 various categories of projects or decommissioning projects requiring environmental permits

Schedule 3 major designated projects requiring EPs, i.e.: engineering feasibility study of urban developments of over 20ha & total population of 100,000; engineering feasibility study of redevelopment projects of more than 100,000 existing/new population.

18. Slope Maintenance

The lack of maintenance of slopes and retaining walls is a major contributory factor to many landslides in Hong Kong. Standards for the maintenance of slopes were given in the Geotechnical Manual for Slopes (2nd Edition, 1984) and in the Geoguide 5: Guide to Slope Maintenance (3rd Edition, 2003). This Geoguide, which is a consensus document, presents the recommended standards of good practice for the maintenance of man-made slopes and retaining walls in both the private and public sectors.

19. SIMAR slopes

“SIMAR slopes” refers to the man-made slopes registered in the SIMAR database set up by the Lands Department (LandsD) to identify the maintenance responsibility of every sizeable man-made slope registered in the 'Catalogue of Slopes'. Technical information on slopes, extracted from the 'Catalogue of Slopes', is contained in both the Slope Information System (SIS) and the Slope Maintenance Responsibility System (SMRIS).

20. Certificate of Compliance (CC)

A Certificate of Compliance is issued to the registered owners when all the positive obligations imposed under the General and Special Conditions of the land grant/sale documents have been complied with to the satisfaction of the Director of Lands. Normally, any application received for the issue of the Certificate could be processed in parallel with the processing of the issue of the Occupation Permit by the Buildings Department, where applicable.

Q&A QUOTES & NOTES

01. Site A falls within Outline Zoning Plan NO. S/H3/33.  It is Zoned Residential (Group A) under OZP.Property owner wants to build a hotel there. What should he do regarding on town planning controls?

A. Submit Section 12A Application

B. Submit Section 16 Application

C. Do nothing

According to notes attached to Outline Zoning Plan NO. S/H3/33, Zoned Residential (Group A),  hotel is in Column 2 under residential group A, it needs a section 16 application, the answer is B.

02.If the lease contains a tree preservation clause, what action will the Government take if a private lot owner carries out tree pruning within his/her property without approval?

A.It is acceptable to carry out pruning by lot owner, as long as no felling of trees incurred.

B.It is not allowed prior to DLO approval. Owner may subject to  warning and ask for compensatory planting.

Where the lease of a private lot contains a tree preservation clause, if the lot owner carries out tree removal or pruning within the lot without DLO's written consent, appropriate action will be taken by DLO upon detection. Such action includes issuing warning letters to the owner, requiring the owner to carry out compensatory planting or pay a premium if retrospective approval is given.

However, in emergency situations, tree pruning or removal can first be carried out, if it is considered to pose an immediate danger to the public after assessment by a professional employed by the lot owner. But the lot owner has to submit a detailed report to Lands D within 21 days after the pruning or removal of the tree. The report should contain the justifications and evidence for tree pruning or removal, photos taken before and after the pruning or removal works, and the required compensatory planting proposal.

03. Who is the responsible maintenance party for this tree?

A.Leisure and Cultural  Services Department

B.Housing Department

C.Architectural Services  Department

D.Highways Department

Because this park is not country park, it is a public park.This is the landscape area along the public road. The duty of Leisure and Cultural Services Department is to manage trees in the department's  venues and landscaped areas along public roads, except expressways.

04.Which of the following  planters can contribute to primary zone greenery?

A.Only Planter B and D

B.Only Planter C and D

C.Planter A, B and D

D.All of them

All planters here can contribute to greenery calculation. However, their weightings are different.Planter C is covered greenery, which only count 50% of its area.Planter ABD can contribute 100% of their areas. Although both A,B are elevated, they are within 15m primary zone. Although Planter D is shadowed vertically by buildings, it is located outside the 45degree projected line taken from the edge of the building and is accessible to the public