Missing Brownfields - Hong Kong Brownfields Report 2021 | Greenpeace

g n i s s i -m 失棕罪－香港棕地現況報告 2021 Missing Brownfield - Hong Kong Brownfields Report 2021 Published

June 2021

Author

綠色和平 Greenpeace | 本土研究社 Liber Research Community

Special thanks to

Luna | Lester | Steven | Vincent | Elaine | Brayden

C. Chung | Lester | Christine Lam | 姿

Design

Jam

Missing Brownfields - Hong Kong Brownfield Report 2021 Major findings 1) The government identified 1,579 hectares of brownfields in its first official brownfield data in 2019. Using similar research methods, our research team identified 1,958 hectares of brownfields. The difference of 380 hectares is as large as about 2.2 Fanling golf courses. Even if just half of the 380 hectares of brownfield sites are developed with low or medium density, about 95,000 units can be built1, a number of units equivalent of 13 Choi Hung Estates, or the total public housing production in the past 6 years2.

2) Comparing data from different sources, the research team discovered that the government had taken an overly simplistic research methodology which led to the following errors and omissions in the official brownfield data: • Outdated data: Existing information sources for data verification not fully utilized : On the official website, the government claimed that the data had been updated in May 2020, but much of the data there was 3 to 5 years old. For example, a brownfield site in San Tin had been expanding since 2017. But it was omitted from the official brownfield data, presumably because the data was drawn with reference to a satellite map dated 2015.

It is noteworthy that the research team adopted a methodology similar to that of the government, but we identified even more brownfields from the satellite images and relevant planning information. We suspect that the government did not fully utilize the existing resources to identify and update the data.

• Inexhaustive research area: brownfields in Tsuen Wan and Kwai Tsing excluded: The government research did not cover Tsuen Wan and Kwai Tsing where our research team found 4.7 hectares of brownfields, some of which have even intruded into the country park. This omission was not reasonably justified in government's research report. We doubted whether government had full knowledge of the current status of brownfields.

• Incomprehensive research scope: 70 hectares of "hidden brownfields" omitted "Hidden brownfields" refer to sites which used to be brownfields, or sites which had been previously formed or filled, but observed to be greenfields as vegetation grew over time. Our research team identified about 70 hectares of "hidden brownfields" by studying past satellite images.

Conversely, the official brownfield report made it clear from the beginning that these sites would not be studied. These

"hidden brownfields" should be given higher priority for development than country parks and reclamation because their ecological value is lower than that of greenfields.

3) The missing of brownfield sites is not just a technical matter of data completeness, but also a matter with the following implications: • Slowing down the supply of affordable housing: the government omitted about 3.5 hectares of brownfields in Poon Uk Village, San Tin. The site exhibits considerable development potential as it is close to major roads and next to the Kwu Tung North New Development Area. If the official brownfield data had included these brownfield sites in the first place, they could have been developed along with the San Tin/Lok Ma Chau development node for public housing.

• U n d e r e s t i m a t i n g t h e i n t e r c o n n e c t e d n e s s o f brownfield sites: some brownfield clusters are even larger and more interconnected than the offical data reflect, if the government did not miss out the brownfield in-between. This again defeats government's saying that brownfield sites are "scattered". As in the case of Ma On Kong, Yuen Long, the government only identified 6.8 hectares of brownfields out a brownfield cluster totalling 10.34 hectare. The government may have misjudged the development potential of these sites as they were omitted in the report.

• Ignoring brownfield encroachment into country parks and greenfields: our study found that some brownfields have been expanding farther away from major roads and encroaching the greenbelts and even country parks.

Examples include the brownfield sites in Chuen Lung and Wo Yi Hop Village, but they were not included in the official data.

• There are still about 1,342 hectares of brownfields outside the New Development Areas and other government development projects. However, many brownfields mentioned in the government report have already expanded outside the brownfield areas earmarked to be resumed by the government. For instance, brownfields outside the Sha Po brownfield site earmarked for resumption have already expanded to about 45 hectares by 2021. This reflects that current brownfield policy can only do very little to plug the loopholes that have led to brownfield sprawl.

Research Background and Purposes The government has repeatedly stressed that a "multipronged" approach must be taken to increase housing and land supply. Recently, a false narrative of "land shortage"has been created to justify reclamation projects and development in country parks. Questions have been raised on whether the government is fabricating a dichotomy between housing needs and environmental protection. This may be a plot to conceal the long-standing injustice in land use planning and housing policies, while the government still refuses to prioritize brownfield development - a land resource with lower economic and environmental costs.

During the "Land Debate" in 2018, as many as 80% of the respondents chose brownfields as a priority land resource option. In recent months, the government proposed resuming brownfields for public housing development, but merely 3% of all brownfields in Hong Kong have so far been resumed. As the government conducted a superficial study on brownfields to justify the need for reclamation or country park development, the community should not allow the government to underestimate the development potential of brownfields. Therefore, we should evaluate the integrity of the brownfield policy and propose revisions to the policy direction for fuller and more immediate use of brownfields. This may increase the supply of public housing and improve the living standards of the people.

1

Take half of the area from the 386 hectares of brownfield, times 500 units per hectare, according to the reference number of units to be built in the "Rural Residential Density Zone 1 (RR1)" as stated in Planning Department's Hong Kong Planning Standards and Guidelines (as at March 2020).

2

Housing Authority Annual Report 18/19, p.137,https://bit.ly/3wEGAoi

3

4

Why should I care about brownfields?

Therefore, the public has been advocating the "development of brownfields before greenfields". Brownfields should be fully utilized before considering higher-cost options like developing the green belts or reclamation. This development approach can also address the problems brought by brownfield development. Under the Land Resumption Ordinance, the government may resume and consolidate brownfield sites and the surrounding land clusters for the following purposes: 1） Environmental restoration － restoring the ecology of the brownfields, particularly those in ecologically sensitive areas.

2） Housing development － If the environment of the brownfield site cannot be restored, low to medium density village buildings with 6 to 12 storeys may be developed based on the conditions of the brownfield clusters as the government did before. The site may be used for low to medium density, village-type public housing or transitional housing.

3） Relocating brownfield operations － If the environment cannot be restored, the government may also develop and operate multi-storey industrial buildings and offer brownfield operators whose sites have been resumed to continue their business with affordable rental or lease arrangements.

4） Other public uses － Brownfields can be developed into public facilities like parks and markets based on their locations and status.

The government is now formulating brownfield policies As the public largely agrees that brownfields should be developed first, the government introduced brownfield policies in the past one to two years. In April 2017, the Planning Department commissioned a consultant to study the status of brownfield land use and operations in the New Territories. The first official brownfield data were then released in late 2019 and identified 1,579 hectares of brownfield land.

After a hasty screening process, the Planning Department picked only 12 brownfield sites totalling 47 hectares for further studies on their potential for public housing development. The exact locations of these sites will be announced between 2020 and 2021.

However, the government's brownfield policy is still far from what the community has been advocating…

Heavily downsized - The government completed a

study on 450 hectares of brownfield land, but only 47 hectares were earmarked for further feasibility studies, accounting for only 3% of the thousands of hectares of brownfield land outside the New Development Areas all over Hong Kong.

Disorderly development - Many recent public

housing projects extended into the green belt unnecessarily. Examples include those along Wu Shan Road in Tuen Mun and Lower Ma On Shan Village Road.3 This goes against the principle of "developing brownfields before green fields" promoted by the community.

No relocation options - The community has been

emphasising the importance of relocating brownfield operators to multi-storey industrial buildings and providing them with reasonable rent and tenancy arrangements after land resumption. However, the government has not come up with any clear or specific relocation plans.

Instead, it has insisted that "one-for-one" or "seamless" relocation plans will not be provided 4. The government has claimed that affordable arrangements will not be provided for brownfield operators because brownfield operations are commercial activities. All these have formed the illusion that it is difficult to resume brownfield sites and relocate brownfield operations.

Vague land resumption criteria - The criteria

adopted by the government for brownfield resumption have been unclear. The government has never explained clearly why it has not resumed other brownfields with similar development potential. This raises questions as to whether the government deliberately avoids developing the brownfield sites linked to developers and indigenous inhabitants in the New Territories. For instance, only part of the brownfield site on Long Tin Road will be resumed by the government 5, while the brownfield area in Shan Ha Village is excluded from the Yuen Long South Development Plan.

No restoration plans - In paragraph 5.12 of her

election platform in 2017, Carrie Lam said that "sites with little development potential should be preserved and reverted to green landscape". Her platform was conceptually similar to the restoration of brownfields in ecologically sensitive areas promoted by the community. However, the government still has not formulated any policy on the ecological restoration of brownfields.

Timeline (Table 1: Major developments on brownfield policies)

3 Greenpeace Hong Kong: https://bit.ly/3qp0RMI Legco: LCQ4: Land demand for brownfield logistics operations: https://bit.ly/3gQCS5K 5 Greenpeace Hong Kong: https://bit.ly/3x6l4tf The Professional Common: Study on Brownfields in New Territories and Strategies for Land Development: https://bit.ly/2Spe77p Liber Research Community: "Brownfields in Time: Tracing the course of Brownfields expansion in the New Territories" ﹕ https://bit.ly/3p6Jvnb "Administration's paper on creation and redeployment of Directorate posts in the Development Bureau and Planning Department to strengthen support for land use initiatives and district planning work (Follow-up paper)", LegCo: https://bit.ly/3w6zAk3 9 See 7. And RTHK: https://bit.ly/3i4n28q 10 See 7. 11 See 7.

12 Shortlisted Brownfield Clusters for Public Housing Development，LegCo: https://bit.ly/3qlb5xz 13 Apple Daily,【發展局物色 8 棕地研究建 2 萬公營房屋 元朗屏山北及沙埔佔地 22 公頃】，蘋果日報（2020 年 3 月 18 日）。https://bit.ly/3fooT38 14 See 5。 4 6 7 8

5

6

The government's brownfield policy goes against what the community has been advocating, raising doubts on whether the government is really on the same page as the public, or intentionally adopts another basis to understate the development potential of brownfields. These doubts are in no way baseless. The government has merely resumed 3% of the brownfields for public housing development. Started in 2017, the official brownfield study took nearly four years to complete. In 2020, the government announced that 12 brownfield sites had been identified for development. However, brownfields have been expanding at an average rate of 52 hectares every year over the last decade.15 Numerous news articles suggested that sand dumps had damaged many farmlands16. Thus, the government may have ignored many brownfield sites in its brownfield policy. The brownfield data on the website of the Planning Department are said to be last updated in May 2020, but it is incomplete compared to the satellite images taken in the same period. The Planning Department appears to have no plan to review the development potential of the 12 brownfield sites regularly after its announcement.

The government policy seems superficial as it completed a one-off review only and identified very few brownfield sites. The development potential of brownfield sites may have been underestimated. Then we are obliged to ask the following questions:

"Are the brownfield data accurate?"

"Have the data been updated?"

"Are the data sufficiently open to the public?"

15 Brownfield area increased by 726 ha from 2003 to 2017. See 7.

16 For example, in Lin Ma Hang, North District. See Apple Daily, 〈強國地產商蓮塘新口岸倒泥 50 萬呎 夥理大擸逾百萬公帑搞農務〉 https://bit.ly/3wQ02yv

Greenpeace works with Liber Research Community to encourage the public to update the brownfield database. The project aims to fill the gaps in the official brownfield database and provide a more solid factual basis for the discussion on urban development in Hong Kong.

Research Scope and Methodology

Figure 1A - Vertical aerial photo by Survey and Mapping Office of Lands Department (number: E102297C)

How were the brownfields identified?

What's so special about your data set?

Our 2021 brownfield data came from several sources, namely our brownfield data in 2017, the official brownfield data, and the brownfield sites identified by the research team. We looked for distinctive brownfield features (e.g. dense rectangles on container yards) from the satellite images on Google Earth Pro or the vertical aerial images by the Lands Department.

We identified the areas where brownfields might exist by integrating the data collected from Google Map Street View, our site visits, and the planning application summaries on OZP Portal of the Town Planning Board. Then we imported the spatial data of the brownfields onto mapping tools like ArcGIS for spatial analysis.

• Newer! － Our data were last updated in February 2021

Figure 1B

The government identified brownfields by adopting a similar research methodology. Paragraph 4.1.3 of the Study on Existing Profile and Operations of Brownfield Sites in the New Territories writes that the research team consulted the "survey maps provided by Survey and Mapping Office of Lands Department" and "other relevant planning data", but it identified fewer brownfields than we did. The difference between the official figure and ours is one of our research findings.

and are at least 8 months newer than the government data.

• C o m p r e h e n s i v e ! － O u r d a t a b a s e i s m o r e

comprehensive as it includes the "hidden brownfields" unreported in the official data.

• Interactive! － Our database allows interactive map

browsing (https://arcg.is/zPb0a) and is downloadable in ".shp" format compatible with conventional mapping software. Map layers can be displayed simultaneously or individually. Although the government brownfield data are "publicly available" on the website of the Planning Department for viewing and can also be exported in ".shp" format, our data set is much more reusable. In most cases, reusable spatial data should outline each brownfield site in one shapefile only, so that land parcels on the map can be selected individually or sorted according to their attributes such as sizes (e.g. display only brownfield sites larger than 2 hectares) or types (e.g. show only abandoned sites and container yards) for spatial analysis. However, the official data set combines the shapefiles of all brownfield parcels onto one layer instead of providing one separate shapefile for each brownfield site. Thus, even though mapping tools like ArcGIS can process the official data set, users cannot sort the land parcels for further spatial analysis according to their attributes like sizes and types.

7

8

Research Findings

• Yuen Long remains the district with the most brownfields. In 2021, the brownfield area in Yuen Long was as large as 1,342 hectares, accounting for 68.3% of the total brownfield area in Hong Kong. North District comes second with 395 hectares, or 20.1% of the brownfield area in Hong Kong. Tuen Mun ranks third with 124 hectares (6.3%).

• Our data show a total of 1,958 hectares of brownfields in Hong Kong, while the government figure is about 380 hectares smaller.

The official brownfield data may have underreported at least 20% of the existing brownfields.

• For the 380-hectare missing brownfields, 102 hectares of them (26.4%) are in the "agriculture" zone, 36 hectares (9.3%) in the "green belt" and around 5 hectares (1.3%) in "conservation area".

• In 2021, there were about 1,342 hectares of brownfields outside the (New Development Areas (NDAs) and other government development projects17. If 12-storey lowdensity village-type public housing (i.e. 500 housing units18 per hectare)19 was developed on half of these brownfields, about 335,500 residential units could be built.

17 "NDAs" here does not include "San Tin/Lok Ma Chau Development Node", "New Territories North Development", and "Man Kam To Logistics Corridor" with only preliminary concepts. "Other government development projects" include Planning Department's 8 Shortlisted Brownfield Clusters for Public Housing Development in phase one totalling 36 ha, and the 11 ha from phase two (the exact boundary of which have not been announced.)

18 According to the reference number of units to be built in the "Rural Residential Density Zone 1 (RR1)" as stated in Planning Department's Hong Kong Planning Standards and Guidelines (as at March 2020).

19 See 18. The maximum plot ratio is 3.6, same as planning department's phase one brownfield review last year (see 12).

9

2017 brownfields 2021 brownfields Figure 2 - Distribution of brownfields in different districts

ds

l brownfie f o e z i s Total

es

tar c e h 8 1,95 : a t a d r res a t Ou c e h ,579 1 : a t a d ent m n r e v o tares G c e h 9 : 37 e c n e r e f Dif

10

Three Problems In Official Data

Comparing the official brownfield data with ours and other data platforms, the research team discovered that the government had adopted an unrigorous research methodology, so the first official brownfield data were full of errors and omissions.

Sites unreported in official data

1) San Tin near Shun Sum

ad ng Ro Ka L u

Yuen Farm ( 信芯園農莊 ; Figure 3A)

- Government data: ~3.5 ha.

- Our data: ~6 ha.

The government omitted almost half (~2.5 hectares) of brownfields in the area. The official data only includes the land lots near Ka Lung Road, but our data shows that open storages extended westwards in 2017 and expanded further in 2019. Another open storage site was even built in 2020 (top left).

Legend 2021 brownfield data 2017 brownfield data Government's brownfield data

Figure 3A

2) Poon Uk Village ( 潘屋村 ; Figure 3B)

Poon Uk Tsuen village office

- Government data: ~0.4 ha.

- Our data: ~4 ha.

(Incl. ~1.2 ha. of hidden brownfields) The government merely identified about 0.4 hectares (or ~10%) of the 4-hectare brownfield area in Poon Uk Village. The official data only cover the brownfields near Lok Ma Chau Road, but our data show that brownfield expansion has taken place towards Poon Uk Village Office and the hill behind. In addition, the area was subject to extensive unauthorized land filling and formation in recent years.

Unauthorized land filling

Figure 3B

3) Chuen Lung ( 川龍 ; Figure 3C) - Government data: N/A - Our data: ~1.2 ha.

Figure 3C shows that the brownfield area in Chuen Lung along Route Twisk ( 荃錦公路 ) was as large as about 1.2 hectares. As the official brownfield study did not cover Tsuen Wan and Kwai Tsing, these brownfields were left out in the study. 20

Rou

te T

wis

k

Legend Our brownfield data Country Park boundary

Figure 3C

20

Planning Department. "Study on Existing Profile and Operation of Brownfield Sites in the New Territories" paragraph 1.4.1.

11

4) Wo Yi Hop Village ( 和宜合村 ; Figure 3D)

- Government data: N/A - Our data: ~1 ha.

n

Mu ing Sh voir o r T se Re

We identified 1 hectare of brownfield land near Shing Mun Road and Wo Yi Hop Village. As Tsuen Wan and Kwai Tsing were not part of the official brownfield study, the official brownfield data completely omitted these sites like the case of Chuen Lung.

Figure 3D

2020

Legend Our brownfield data Government's brownfield data

5)Lin Fa Tei ( 蓮花地 ; Figure 3E) - Government data: ~0.6 ha.

- Our data: ~11 ha.

Hidden/dormant brownfield

(Incl. ~8 ha. of hidden brownfields) The difference between the official figure and ours is about 10 hectares. Our figure (~11 hectares) includes an 8-hectare "hidden brownfield area". Now covered by vegetation, the site used to be a brownfield in 1993, so it can be reverted into a brownfield at any time.

1993

Figure 3E

6)Hung Lung Hang ( 恐龍坑 ; Figure 3F) - Government data: ~1.7 ha.

- Our data: ~3.4 ha.

Adjacent brownfield expansion

(Incl. ~0.4 ha. of hidden brownfields) The government omitted a total area of 1.7 hectares in Hung Lung Hang. The hidden brownfield site in Figure 3F is now covered by dense vegetation. Kong Nga Po Road has been widened for the development of police facilities nearby, so the dormant and hidden brownfield may resume operation in the near future.

Legend Government's brownfield data Our brownfield data Hidden/dormant brownfield

Figure 3F

Legend

7) Ma On Kong ( 馬鞍崗 ; Figure 3G)

Our brownfield data

- Government data: 6.8 ha.

- Our data: 10.3 ha.

Government's brownfield data

The government found 6.8 hectares of brownfields (blue) in Ma On Kong, but it was still 3.5 hectares (or 30%) less than the 10.34 hectares (orange) identified by us. In particular, the government omitted more than 80% of the brownfield area near DD113 586 and 595 and merely reported 0.2 hectares of the 1.4-hectare brownfield area.

Figure 3G

12

Three problems in official data 1. Unverified and outdated data 2. Inexhaustive research area 3. Incomprehensive research scope excluding "hidden brownfields" 1)Unverified and outdated data The official brownfield study claims that it identified brownfield sites based on the "Digital Orthophoto DOP5000" taken by the Lands Department in 2015. Then it verified the preliminarily identified sites by comparing them with information sources like the aerial photographs and satellite images taken by the Survey and Mapping Office over the years and "other relevant planning information".

The reference photographs were taken between 2017 and 2018 21. Half a year after the publication of the report, the Planning Department wrote on the website for the Study on Existing Profile and Operations of Brownfield Sites in the New Territories that the brownfield database was last updated on 20 May 2020 22. But there was no mention of how the database was updated or what reference materials were used.

Apparently the government has not verified its data using different information sources as it has claimed.

We discovered that much of the official brownfield data were simply obtained by outlining the base map on the website of the Planning Department. On this map dated 2015, for example, the omitted brownfields in the areas next to Shun Sum Yuen (Example 1) and Poon Uk Village (Example 2) are largely covered by vegetation and display no signs of brownfield activities (figure 4A & 4B).

However, the base map was already five years old when the database was purportedly last updated in May 2020. The government data were apparently not verified with reference to other reference materials. The open storage sites near Shun Sum Yuen 23 and the large-scale land filling in Poon Uk Village were clearly shown in the aerial photos provided by Lands Department 24, and in past satellite photos on Google Earth Pro which are publicly accessible.

Government's aerial photo in 2015

Google Earth satellite image in 2021

Legend Our brownfield data Brownfield expansion Government's brownfield data

Government's aerial photo in 2015

Figure 4A

Google Earth satellite image in 2021

Legend Our brownfield data Government's brownfield data Hidden/dormant brownfield San Tin/ Lok Ma Chau Development Node

Figure 4B 21 Planning Department. “Study on Existing Profile and Operation of Brownfield Sites in the New Territories” paragraph 4.1.3.

22 Planning Department. “Study on Existing Profile and Operation of Brownfield Sites in the New Territories” map. https://bit.ly/3xQazKe 23 Such as photo number E016378C (taken on 28 Mar 2017) and E019083C (taken on 4 Apr 2017), and E045921 (taken on 21st Sep 2018).

24 Such as photo number E070125C.

Oct 2019

13

Dec 2019

Figure 4C

Figure 4D

In addition to the aerial photographs by the Lands Department, the government may also reference "other relevant planning information". An application was made to the Town Planning Board to fill in the 120,000 sq. ft. green belt in Poon Uk Village for agricultural use (A/YL-ST/561) in October 2019. These land lots had been extensively filled with sand and mud even before the Town Planning Board granted the permissions. Construction workers, dump trucks and excavators were seen on the site frequently, iron bars and other construction materials were seen placed nearby. The Planning Department responded to the media about the incident and issued an Enforcement Notice and a Reinstatement Notice to the landowner to stop the filling and reinstate the land. The Environmental Protection Department also spotted land filling and formation on the site during routine inspections. The incident received media coverage25. At last, the applicant withdrew the application for planning permission, but if the government researchers really inspected the site physically or simply skimmed through the satellite photos on Google Earth Pro, they would have found that sand and mud had been present since October 2019 (Figure 4C) and nearly doubled in size two months later (Figure 4D). These findings are consistent with the aerial photos from the Survey and Mapping Office (e.g. photo number E070125C). Contrary to its claims, the government apparently did not reference these aerial images. During our field visit to the open storage site near Shun Sum Yuen, our research team found the permit for depositing construction waste issued by the Environmental Protection Department in December 2019 (Figure 4E) outside the site. The permit states clearly the lot number, size of the site26, applicant and date of deposition for public viewing, so the government must have information related to the site.

The official brownfield study should have referenced the information held by the Environmental Protection Department and the Planning Department for verification or at least for primary screening. We doubt whether the government has really made full use of the information sources available to the public (Lands Department's aerial photographs and Google Earth Pro) or held by the authorities (e.g. applications for permits to deposit construction waste) for verifying or updating its brownfield data.

Figure 4E

2)Inexhaustive research area Similarly, the government must have records of these brownfield sites. The brownfields in Chuen Lung (Figure 4G) were discovered in the past 27 and are suspected to be related to "TAT FUNG ENTERPRISES COMPANY, LIMITED" ( 達豐企業有限公司 ) owned by the family of Chiu Te-ken. Tat Fung was reportedly prosecuted by the Environmental Protection Department 28.

Meanwhile, the company applied to the Town Planning Board in 2016 and 2018 respectively for residential development and dredging at Chuen Lung Tsuen Wan Town Lot No. 389 (partial). The application was rejected by the Town Planning Board 29. The Environmental Protection Department and the Planning Department must have the records on the environmental damages on the site.

These brownfields are connected to major roads and are clearly visible on a vehicle journey along Route Twisk or Shing Mun Road, but the brownfield sites were omitted from the study simply because they were in the "metro area". This shows that the government was being sloppy in establishing an inexhaustive research scope in the first place.

Figure 4F Legend Our brownfield data Country Park boundarya

Figure 4G

25 Apple Daily: 【蘋果踢爆】落馬洲偷步堆泥 環團死線前提反對 :https://bit.ly/3cg5SRV 26

Environmental Protection Department: Acknowledged notification of depositing activity or land filling of construction waste (LP01/RN/00423207). https://bit.ly/3xMIDHg

27 Apple Daily, 〈正申建 27 獨立屋 川龍地非法倒泥 邱德根家族自稱受害者〉https://bit.ly/34or7wu 28 According to District Councilor Chiu Yan Loy.〈撤回川龍酒店渡假村發展計劃〉:https://bit.ly/3oaiYEW 29 Applicaiton no. A/DPA/TW-CLHFS/3, rejected as the proposed residential development is considered not compatible with the surrounding natural environment and Country Parks.

14

Incomprehensive research scope excluding "hidden brownfields"

"Hidden brownfields" are damaged sites which were once brownfields or show signs of land formation but have grown vegetation over time.

Brownfield activities may not be present at the moment, and the owner may be waiting for development, but the hidden brownfields can be reactivated at any time. Therefore, they should be developed before the greenfields. Hidden brownfields can be identified using previous satellite images.

Example 1: Dormant brownfield in Hung Lung Hang "wakes up" at times Historical satellite images of Hung Lung Hang show that green vegetation and brownfield operations appeared on the site alternatively.

The hidden brownfield site in Figure 5A (near DD87 345 and 355) was covered by green vegetation back in 1993. In 2000 (Figure 5B), the site was extensively disturbed, but vegetation grew in 2004 (Figure 5C) with no signs of a brownfield.

In 2005, the area was disturbed (Figure 5D) and used for open storage in 2010 (Figure 5E). In 2011, the site received Enforcement Notice from Planning Department 30. was cleared and only piles of yellow mud remained (Figure 5F).

Vegetation covered the site in 2012 (Figure 5G), but the place was disturbed again in 2019 (Figure 5H). In 2021, the site was covered by vegetation (Figure 5I). The latest status of the site shown in the photos is consistent with what we observed on site in late May 2021. As new brownfield sites were seen growing nearby and as Kong Nga Po Road widened as part of the police facilities in Kong Nga Po 31, the dormant brownfield site may "wake up" and resume operation in the near future.

1993

2000

Figure 5A

2005

2004

Figure 5B

2010

Figure 5D

2012

Figure 5C

2011

Figure 5E

2019

Figure 5F

2021

Legend

Government's brownfield data Our brownfield data

Figure 5G

Figure 5H

Hidden/dormant brownfield

Figure 5i

30 Such as lot DD87 345.

31 Civil Engineering and Development Department. Site Formation and Infrastructure Works for Police Facilities in Kong Nga Po. https://bit.ly/2UyfUrs.

15

Example 2: Lin Fa Tei, Yuen Long: A brownfield site hidden for 28 years Size (government data): 0.6 hectare; Our data: 10.5 hectares (Incl. hidden brownfields of 8.3 hectares)

1963

1993

Figure 5J

2011

Figure 5K

2021

Figure 5L

Figure 5M

Figure 5M (orange) shows the latest appearance of Lin Fa Tei covered with vegetation in 2021, consistent with what we observed during our site visit in May 2021 (Figure 5N). However, past satellite and aerial images reveal the presence of brownfield activities on the site. The black-and-white aerial images taken in 1963 (Figure 5J) shows that Lin Fa Tei was once an area with fish ponds and farmlands. In 1982, the clear pattern of farmlands was replaced by patches of blurry area suspected to be weeds. The area near Kam Sheung Road even turned to an open storage site, and farmlands were leveled. The color aerial photograph taken in 1993 (Figure 5K) shows that the size of the open storage site increased significantly to about 9.7 hectares 32. In 2003, its size was reduced to about 1.92 hectares along Kam Sheung Road. The southern part of the site was no longer an open storage area, but the graded land surface was still visible. Plants grew on the southern part of the site over the years (its fertility or ecological status unknown).

Although there were signs of land formation (e.g. in April 2011, Figure 5L), the area remained very grassy. The site is largely held by "Tenox Development Limited", a company linked to New World Development, and has been idle for nearly three decades. We observed that the place was fenced off and inaccessible during our site site in May 2021. The latest status of the site was very different from our on-site observations in June 2020.

Figure 5N We identified about 70 hectares of hidden brownfields 33 by analysing past satellite and aerial images. The "hidden" period ranged from one or two years to nearly three decades. Paragraph 2.2.2(f) of the official brownfield study writes that it does not study the "[l]and covered by vegetation or observed to be covered by vegetation with no signs of present or previous disturbance such as grassland, woodland and shrubland" 34 (Figure 5o). The official brownfield study covered merely a very short period and may hinder the public from getting the full picture of the brownfield issue. In fact, the government is in the best position to integrate various information sources like the planning applications received by the Town Planning Board and the records of illegal waste dumping held by the Environmental Protection Department. Therefore, it should consider developing the land resources with lower environmental costs like the hidden brownfields instead of country parks or the sea.

Figure 5o

32 33 34

Sprawling to land lot DD112 257, 857, 949 etc.

This figure is not exhaustive due to limited resources.

Planning Department. "Study on Existing Profile and Operation of Brownfield Sites in the New Territories" paragraph 2.2.2.

16

There are just a few omissions… (?)

The omission of certain brownfield sites is not just a matter of technical error or data integrity. By underreporting the total area of brownfields, the government may understate the development potential of brownfields and argue that Hong Kong really lacks land. Omission of brownfields may affect the boundaries of the government development projects and threaten the environment of the rural and ecologically sensitive areas.

1)Underestimating the proximity of brownfield cluster: Ma On Kong The government identified about 6.8 hectares of brownfields in Ma On Kong (Figure 6A), the size of which was about 3.5 hectares smaller than the 10.3 hectares discovered by the community (Figure 6B). The brownfield cluster in Ma On Kong would have been much bigger if there had been no omissions in the official study.

There are differences between their figures and ours probably because the government outlined the brownfield sites on an outdated base map. The brownfield data on the website of the Planning Department are similar to the DOP5000 base map drawn in 2015. However, the satellite images taken between 2017 and 2018 35 are very different from the 2015 base map, so it was definitely not an updated information in May 2020 as the website claims.

Figure 6A

The brownfield site in Ma On Kong is only 200-600 meters away from the Kam Ho Road site picked by the Planning Department for its Phase II review on public housing development. Most brownfields in Ma On Kong and in the Kam Ho Road site have been preliminarily classified by the Planning Department as sites with "medium development potential" 36. The 10.3-hectare brownfield site in Ma On Kong is much larger than the 2-hectare site on Kam Ho Road. but was not chosen for Phase II review. The Planning Department picked the sites for further review based on the official brownfield data. Had there been no omissions in the official brownfield study, the Planning Department might have come up with different choices.

Figure 6B

2)Boundaries of development area affected in Poon Uk Village One of the planning intentions for San Tin/Lok Ma Chau Hub was to "maximize the development potential of brownfield sites".

However, a large area of brownfield land is untouched by the San Tin/Lok Ma Chau Hub project because it was omitted from official brownfield study.

According to the official brownfield data, the brownfield area in Poon Uk Village was about 0.39 hectares large. However, its size grew from about 1 hectare in 2019 to nearly 4 hectares in 2021 (Figure 6C). The government may not be aware of the dumping of mud and unauthorized activities in an area right next to the boundary of the San Tin/Lok Ma Chau Hub.

Figure 6C

In fact, there are 45.7 hectares of brownfield land in San Tin37 outside the San Tin/Lok Ma Chau Hub, but the government has only identified 28.9 hectares of it, leaving out about half (16.8 hectares) of the current brownfield land (Figure 6D).

Figure 6D

If the official brownfield data had included the brownfield site in Poon Uk Village, the area could have been resumed and included in the San Tin/Lok Ma Chau Hub project. However, as the official data underreported the size of brownfields in the area, the government may have overlooked these sites when drawing the boundaries of the development area.

35 Such as E036818C (taken on 22nd Mar 2018).

36 Legislative Council Panel on Development Paper No. CB(1)160/19-20(06) - Study on Existing Profile and Operations of Brownfield Sites in the New Territories. https://bit.ly/3wV5ssb.

37 Using the boundary of San Tin Outline Zoning Plan by Town Planning Board as reference.

17

3) Possible threat of brownfields expanding into green belts and country parks With years of lax government regulation, brownfield sprawl has taken place in several districts and even expanded into the green belts and country parks. As development projects or brownfield activities have occupied the sites near major roads, newer brownfield sites are set further away from major roads. They have expanded into green belt and country park areas and taken up spaces on the hillsides. It is worth noting that the new brownfield sites are only accessible by roads developed for the existing brownfields or even through the brownfields nearby. Brownfield sprawl occurred because the government may have connived at the existing brownfield activities.

Hidden rural brownfields

The size of the brownfield site on Shing Mun Road near Wo Yi Hop Village in Tsuen Wan

tripled from 0.2 hectares in 2002 to 0.6 hectares in 2020. The brownfield site is within the green belt area. As there is no room for road extension, the brownfield site has penetrated into the hills and the country park area (Figure 6E-6G). Meanwhile, the Chuen Lung brownfield site has expanded into the country park area, but the government data omitted the brownfields in Tsuen Wan which have posed direct ecological threats.

2011

2002

2020

Figure 6E

Figure 6F

Figure 6G

1993

2003

2012

2020

Figure 6H

Figure 6i

Figure 6J

Figure 6K

Westward expansion of brownfield sites in Tai Hang, Tai Po

In the last three decades, the

brownfield site in Tai Hang first expanded southwards from the area near the Fanling Highway. Then the site encroached the agricultural land and penetrated the area near the hillside farmlands near Wo Hop Shek. As seen in the 1993 satellite image (Figure 6H), the brownfield was first located close to the main road. In 2003, it expanded to the southwest (Figure 6I). Nine years later, it bypassed the small hill nearby and the Lots 4 and 5 in DD 7 (Figure 6J). In 2019, Lots 4 and 5 in DD7 showed signs of land grading as the area had become an open storage and car park. In 2020, Lot 6 in DD7 was already covered by artificial materials to form storage areas which extended beyond the original lot boundaries. Therefore, government land may have been occupied without permission (Figure 6K). It is noteworthy that these brownfield sites have expanded and occupied almost all "agricultural" space in the area (Figure 6L).

Legend 2021 brownfield data 2017 brownfield data "Village Type Development" "Green Belt" "Agriculture"

Figure 6L

18

Isn't the government resuming brownfields?

The government picked a handful of brownfield sites after completing its first brownfield study. However, only 47 hectares of brownfields were resumed from 12 sites in two phases, representing only 3% of the brownfield outside the New Development Areas. There are a large number of un-resumed brownfield sites near the sites with significant development potential. Greenpeace has completed a case study on the brownfields right next to those to be resumed by the government. The study found that selective brownfield resumption may have taken place in Sha Po because the area chosen for resumption only accounted for 45% of the entire brownfield cluster and excluded the site held by the developer. Selective land resumption may have taken place.

Legend Our brownfield data Government's brownfield data Government shortlisted site"Sha Po"

Figure 7

Our previous case study and our latest brownfield data can illustrate the consequences of selective land resumption. If the government merely resumes part of the brownfields without plugging the planning loopholes which give rise to more brownfields, all brownfield policies can do very little to address the problem, and brownfields will continue to expand as they did over the past decades. In Figure 7, the brownfield site outside the Sha Po site (red) will grow to about 45 hectares by 2021. Another reason for the "drastic downsizing" of Phase I brownfield resumption may be that the official brownfield data are incomplete, so the brownfield policy does not cover the brownfield sites close to those to be resumed.

19

Then what shall we do?

Rural Public Housing The public housing supply is very limited, so the government should study the brownfields and develop low to medium density village style public housing on the brownfields according to the site conditions. Each building should be 6 to 12 storey high. According to the map, many brownfields are located near major roads and development areas. According to the Hong Kong Planning Standards and Guidelines by the Planning Department, the maximum plot ratio in rural towns is 3.6 times, and each hectare of land can accommodate a maximum of 500 housing units.38 Silver Bay Estate in the rural Mui Wo is as small as 1.5 hectares and can already provide 400 housing units for nearly 1,200 people.

Figure 8A

In recent years, the government has deliberately stereotyped public housing as 30- or even 50-storey high-density residential buildings, so the public may not be aware of the option of low and medium-density village-style public housing. The development potential of brownfields has been underestimated on the grounds that "rural brownfield sites are not suitable for high-density public housing development". The government should consider developing public housing in a scale corresponding to the site conditions like transport and rural landscape. Brownfields across the New Territories should be properly utilized to their full potential.

Relocation of brownfield activities In addition to the resumption of brownfield sites, we are promoting the relocation of brownfield activities. There are already industrial buildings for warehouses and workshops.

The key should be whether the government intends to relocate the affected brownfield operators to industrial buildings and offer them with affordable lease terms and rental arrangements, so that these operators can make long-term investments and carry on. Relocation should not become a pretext for eliminating small and medium-sized businesses under the guise of "industry upgrade". Multistorey industrial buildings can be built on brownfields where rehabilitation is impossible.

Figure 8B

Environmental Restoration Our study shows that more than 30% of the brownfields are located in the agricultural areas, green belts and nature conservation areas. Environmental restoration should be carried out on the brownfields located in ecologically sensitive areas. More studies on the restoration of contaminated soil and brownfield remediation should be conducted. In addition, brownfield expansion into green zones should be checked by resuming the brownfields in ecologically sensitive areas.

Other Public Uses Figure 8C

38

See 18.

Public facilities with low infrastructural pressure like stadiums, parks or marketplaces can be built on the sites unsuitable for public housing development.

20

Lantau Tomorrow?

Developing country parks?

No way.

The government omitted many brownfields from its official study, and the Planning Department resumed very few brownfields for developing public housing. We doubt whether the government really wants to make full use of the brownfields, or whether it is merely finding justifications for reclamation or developing country parks. The government has carried out two phases of brownfield resumption for developing public housing. In the government proposals, we can deduce the attitude of the government towards brownfield development. In their eyes, brownfields are readily available land resources for housing development and can be ignored if they are not suitable or there is no development need.

However, the public does not view the land issue as a matter of lack of land supply. Instead, it is a matter of urban-rural symbiosis which involves environmental protection, rural-urban economies and different lifestyles.

There are many loopholes in the brownfields probably because the government has never considered these perspectives. On the contrary, the government has been promoting the"Lantau Tomorrow Vision" and the development in the country parks to address the housing problem. Studies on the "Lantau Tomorrow Vision" will start in mid-2021, and the suggestion of developing housing in country parks has re-emerged. By evaluating the integrity of the brownfield policy, we hope to provide the public with a solid factual foundation for further discussion. In reality, there is neither a shortage of land nor the need for reclamation in Hong Kong. We hope that the government can revise its brownfield policy and make better use of the brownfields for more public housing and better living standards.