4. Noise Impact

4.1 Introduction

4.1.1 Potential noise impacts associated with the construction and operation of the Project are presented in this section. Construction noise impacts arising from construction of WCR, CBL, Road P2 and infrastructure for TKO further development areas would be expected at sensitive receivers in the vicinity of the work sites. Mitigation measures have been recommended where necessary to limit noise impacts to within acceptable levels.

4.1.2 During the operational phase, traffic noise impacts would be a major concern. Traffic noise assessment was undertaken for the representative noise sensitive receivers (NSRs) within 300 m from the boundary of the Study Area. Measures to mitigate adverse noise have been recommended where necessary.

4.1.3 Quantitative assessment for fixed noise sources from tunnel ventilation buildings and pumping stations has been undertaken to evaluate the potential operational noise impacts to the nearby existing and planned sensitive receivers. Appropriate mitigation measures are recommended to alleviate the noise impacts where necessary.

4.2 Environmental Legislation, Policies, Plans, Standards and Criteria

General

4.2.1 Noise impacts were assessed in accordance with the criteria and methodology given in the Technical Memoranda (TMs) issued under the Noise Control Ordinance (NCO), as well as the Technical Memorandum on Environmental Impact Assessment Process (EIAO-TM).

4.2.2 The NCO and EIAO provide the statutory framework for noise control. Assessment procedures and standards are set out in the following five Technical Memoranda:

· EIAO-TM.

· TM on Noise from Construction Work other than Percussive Piling (GW-TM).

· TM on Noise from Percussive Piling (PP-TM).

· TM on Noise from Construction Work in Designated Areas (DA-TM).

· TM on Noise from Places other than Domestic Premises, Public Places or Construction Sites (IND-TM).

Construction Noise – General Construction Works

4.2.3 The NCO provides the statutory framework for noise control of construction work, other than percussive piling, using powered mechanical equipment (PME) between the hours of 1900 and 0700 hours or at any time on Sundays or general holidays (that is, during restricted hours). Noise control on construction activities taking place at other times is subject to the Criteria for Evaluating Noise Impact stated in Table 1A of Annex 5 in the EIAO-TM. The noise limit is L_{eq
(30 minutes)}75 dB(A) at the façades of dwellings and 70 dB(A) at the façade of schools (65 dB(A) during examinations).

4.2.4 Between 1900 and 0700 hours and all day on Sundays and public holidays, activities involving the use of powered mechanical equipment (PME) for the purpose of carrying out construction work is prohibited unless a Construction Noise Permit (CNP) has been obtained. A CNP may be granted in cases where the noise can be contained within the Acceptable Noise Level (ANL) at the NSRs. ANLs are assigned depending upon the Area Sensitivity Ratings (ASRs). The corresponding basic noise levels (BNLs) for evening and nighttime periods are given in Table 4.1.

Table 4.1 Construction Noise Criteria for Activity other than Percussive Piling

Time Period	Basic Noise Level (BNLs)
Time Period	ASR A	ASR B	ASR C
Evening (1900 to 2300 hours) ⁽¹⁾	60	65	70
Night (2300 to 0700 hours)	45	50	55

Notes: (1) Includes Sundays and Public Holidays during daytime and evening

4.2.5 Despite any description or assessment made in this EIA Report on construction noise aspects, there is no guarantee that a Construction Noise Permit (CNP) will be issued for the project construction. The Noise Control Authority will consider a well-justified CNP application, once filed, for construction works within restricted hours as guided by the relevant Technical Memoranda issued under the Noise Control Ordinance. The Noise Control Authority will take into account contemporary conditions/ situations of adjoining land uses and any previous complaints against construction activities at the site before deciding whether to grant a CNP. Nothing in this EIA Report should bind the Noise Control Authority in making its decision. If a CNP is to be issued, the Noise Control Authority should include in the permit any condition it thinks fit. Failure to comply with any such conditions will lead to cancellation of the CNP and prosecution under the NCO.

4.2.6 Under the TM on Noise from Construction Work in Designated Areas, the use of five types of Specified Powered Mechanical Equipment (SPME) and three types of Prescribed Construction Work (PCW) within a designated area during restricted hours would require a valid CNP. The SPME includes hand-held breaker, bulldozer, concrete lorry mixer, dump truck and hand-held vibratory poker. The PCW are:

· Erecting or dismantling of formwork or scaffolding.

· Loading, unloading or handling of rubble, wooden boards, steel bars, wood or scaffolding material.

· Hammering.

4.2.7 In general, it should not be presumed that a CNP would be granted for carrying out PCW within a designated area during restricted hours. The CNP may be granted for the execution of construction works during restricted hours involving the use of PME and/ or SPME if the relevant Acceptable Noise Levels and criteria stipulated in the GW-TM and DA-TM can be met.

Construction Noise – Percussive Piling

4.2.8 Percussive piling is prohibited between 1900 and 0700 hours on any weekday not being a general holiday and at any time on Sunday or general holiday. A CNP is required for carrying out of percussive piling between 0700 and 1900 hours on any day not being a general holiday. PP-TM sets out the requirements for working and determination of the permitted hours of operations. ANLs for percussive piling for different type of NSRs are shown in Table 4.2.

Table 4.2 Acceptable Noise Levels for Percussive Piling

NSR Window Type or Means of Ventilation	ANL, dB(A)
(i) NSR (or part of NSR) with no windows or other opening	100
(ii) NSR with central air conditioning system	90
(iii) NSR with windows or other openings but without central air conditioning system	85

Note: 10 dB(A) should be subtracted from the ANLs shown above for NSRs which are hospitals, medical clinics, educational institutes, courts of law or other NSRs which are considered by the Authority to be particularly sensitive to noise.

4.2.9 Diesel, pneumatic and/ or steam hammers are not allowed to be used in Hong Kong. The permitted hours of operation for carrying out of percussive piling work are listed in Table 4.3.

Table 4.3 Permitted Hours of Operation for Percussive Piling

Amount by which Corrected Noise Level (CNL) exceeds Acceptable Noise Level (ANL), CNL-ANL	Permitted hours of operation on any day not being a general holiday
10 dB(A) < CNL-ANL	0800 to 0900 AND 1230 to 1330 AND 1700 to 1800
0 dB(A) < CNL-ANL £ 10 dB(A)	0800 to 0930 AND 1200 to 1400 AND 1630 to 1800
CNL-ANL £ 0 dB(A)	0700 to 1900

Construction Noise – Blasting

4.2.10 There are no statutory procedures and criteria under the NCO and EIAO for assessing the blasting impacts and are therefore beyond the scope of the EIA. However, the administrative and procedural control of all blasting operations in Hong Kong is vested in the Mines Division of the Civil Engineering and Development Department (CEDD). The Dangerous Goods (General) Regulations, Chapter 295 also stipulates that no person shall carry out blasting unless he possesses a valid mine blasting certificate to be issued by the Mines Division of CEDD. The Superintendent of Mines will review the application on a case-by-case basis before issuing the Mine Blasting Certificate.

Operational Noise - Traffic Noise

4.2.11 Annex 5 “Criteria for Evaluating Noise Impact” of the EIAO-TM defines the criteria L_{10 (1 hour)} for road traffic noise at various NSRs:

· 70 dB(A) at the façades of dwellings, hotels, offices.

· 65 dB(A) at the façades of schools, places of public worship, courts of law, place where unaided voice communication is required.

· 55 dB(A) at the façades of hospital.

4.2.12 For traffic noise assessment, the roads within 300 m of the Project boundary have been included in the assessment. The roads are classified into one of the following categories:

· ‘Existing’ Roads - that is, roads that are unchanged or subject to minor changes by the Project.

· ‘New’ Roads - roads that are completely new or major modification to an existing road section that will result in 25% increase in lanes or substantial changes in alignment or characters of the existing road due to the proposed Project.

4.2.13 The ‘New’ roads defined for the assessment are shown in Appendices 4.4 and 4.5. The noise contribution from “new” roads should be less than 70 dB(A) at any dwelling (less than 65 dB(A) for educational institutions), so as to satisfy the relevant noise criteria, and there should not be any increase in traffic noise impact. In the case of an NSR where existing noise levels already exceed the relevant criteria, any increase in noise level contributed by the “new” roads should not be greater than 1 dB(A).

4.2.14 If any façades of NSRs are still exposed to predicted noise levels exceeding the relevant noise criteria after the implementation of all direct mitigation measures, provision of indirect technical remedies in the form of acoustic insulation and air conditioning should be considered under the EIAO-TM and the ExCo Directive “Equitable Redress for Persons Exposed to Increased Noise Resulting from the Use of New Roads”. The eligibility for indirect technical remedies will be tested against the following three criteria:

· The predicted overall noise level from the new road, together with other traffic noise in the vicinity must be above a specified noise level (for example, 70 dB(A) for domestic premises and 65 dB(A) for educational institutions, all in L_{10
(1 hour)}); and

· The predicted overall noise level is at least 1.0 dB(A) more than the prevailing traffic noise level, that is, the total traffic noise level existing before the works to construct the road were commenced; and

· The contribution to the increase in the predicted overall noise level from the new road must be at least 1.0 dB(A).

Operational Noise – Fixed Noise Source

4.2.15 The NCO and IND-TM control fixed noise source such as ventilation shaft noise and pumping system noise. The appropriate Acceptable Noise Levels (ANL) generated by fixed plant at neighbouring NSRs are provided in the IND-TM. Based on the layout plan of the Project, three ventilation buildings (Western Portal Ventilation Building, Mid-Ventilation Building and Eastern Portal Ventilation Building) of WCR and three pumping stations (Pumping stations at Road P2, southern end of TKO Stage I Landfill near Area 86 (at the end of Road L861) and Area 78 adjacent to Road L781) were identified. Operational noise from these ventilation buildings and pumping stations would likely have potential noise impact on the nearby NSRs.

4.2.16 The representative NSRs in the vicinity of the Western Portal Ventilation Building, located in an urban area and near the Eastern Harbour Crossing, would be directly affected by traffic noise. Therefore, the Area Sensitivity Rating (ASR) has been assumed as “C”. For the Mid-Ventilation Building, there is no NSRs would be located within 300m from this ventilation building, the operation noise impact from Mid-Ventilation Building would be insignificant and quantitative assessment is considered unnecessary. Regarding the three pumping stations, they are located in an urban area but are not located near busy roads (defined as annual average daily traffic flow in excess of 30,000). In this connection, the Area Sensitivity Rating (ASR) for these NSRs has been assumed as ‘B’.

4.2.17 Representative NSRs in the vicinity of the Ventilation Building at the Eastern Portal of the WCR are located in a largely rural area and would be directly affected by traffic noise from the WCR in future. The ASR for these NSRs has been assumed as ‘B’. The ANLs for an ASR of ‘B’ and ‘C’ under the IND-TM are shown in Table 4.4. Since the EIAO-TM recommends that noise standard for fixed noise source is 5 dB(A) below the appropriate ANL, the noise criteria of 60/65 dB(A) (daytime and evening) and 50/55 dB(A) (night-time) have been adopted in the assessment.

Table 4.4 Acceptable Noise Level for Fixed Plant Noise

Time Period	NCO criteria			EIAO-TM
Time Period	ASR “A”	ASR ‘B’	ASR ‘C’	ASR “A”	ASR ‘B’	ASR ‘C’
Daytime and Evening (0700-2300 hours)	60	65	70	55	60	65
Night-time (2300-0700 hours)	50	55	60	45	50	55

4.2.18 In any event, the Area Sensitivity Rating assumed in this EIA Report is for indicative assessment only given that fans and damper arrangement at each ventilation building may be refined at the detailed design stage. It should be noted that fixed noise sources are controlled under section 13 of the NCO. At the time of investigation, the Noise Control Authority should determine noise impact from concerned fixed noise sources on the basis of prevailing legislation and practices being in force, and taking account of contemporary conditions/ situations of adjoining land uses. Nothing in this EIA Report should bind the Noise Control Authority in the context of law enforcement against all the fixed noise sources being assessed.

4.3 Description of the Environment

4.3.1 TKO is a new town with continued development in recent years. The areas proposed for development are those around the Western Coast Road (WCR), Cross Bay Link (CBL), Roads L781 and L782, L861, L651, L661, L662, L671, L672, L673, L681, L721, L722 and extended Road P2 and the associated Road D4 Flyover, including Areas 65, 66, 67, 68, 72, 73 and 78. The areas are mostly planned for residential use with some educational institutes. It is expected that traffic noise from the major new roads and the existing roads would be the dominant noise sources.

4.4 Noise Sensitive Receivers

4.4.1 In reference to the latest Outline Zoning Plans, Tseng Kwan O Outline Zoning Plan (S/TKO/15) dated 2 November 2004 and Cha Kwo Ling, Yau Tong, Lei Yue Mun Outline Zoning Plan (S/K15/15) dated 21 June 2002, existing and planned NSRs including domestic premises and educational institutions within the assessment area were identified following with the requirement of Annex 13 of the EIAO-TM. Photographs of all the identified existing NSRs are provided in Appendix 4.8. For the purpose of the noise assessment, a number of representative NSRs which were considered to be potentially worst-affected NSRs were selected for the assessment. The representative NSRs for construction and traffic noise assessments are summarised in Tables 4.5 and 4.6 below and their locations are illustrated in Figures 4.1 - 4.5.

4.4.2 Since there is no confirmed layout for some planned residential areas and educational institutes during the assessment, the locations of these representative planned NSRs would be in accordance with any site condition/restriction as stipulated in the OZP/Layout Plan. If not, these planned NSRs were assumed to be located at the 5m /10m from the site boundary or site boundary, which would be the nearest to the roads, as indicated points for assessment.

Table 4.5 Summary of Representative Existing/ Planned Noise Sensitive Receivers for Construction Noise Impact Assessment

NSR	Description		Type	Floor
*Kowloon Area*
CKL2		Existing Residential Development along Cha Kwo Ling Road	Residential	6/F
CP		Chung Pal House, Hong Pal Court	Residential	34/F
StA		St. Antonius Primary School and Kindergarten	Educational Institute	7/F
EHC1		Residential Development near Eastern Harbour Crossing (Under construction)	Residential	45/F
EHC2		Residential Development near Eastern Harbour Crossing (Under construction)	Residential	40/F
*TKO Area*
OSC2	Area 72 – Ocean Shores		Residential	48/F
OSC5	Area 72 – Ocean Shores		Residential	48/F
OSC7	Area 72 – Ocean Shores		Residential	48/F
TKC2	Area 57 – Park Central		Residential	48/F
TKC11	Area 57 – Park Central		Residential	48/F
66A3	Area 66 – Site 66A – Planned Residential Area (R1)		Residential	35/F
67S1	Area 67 – Planned School Area		Educational Institute	6/F
67S3	Area 67 – Planned School Area		Educational Institute	6/F
BAG1	Area 65A – Bauhinia Garden		Residential	41/F
BAG10	Area 65A – Bauhinia Garden		Residential	41/F
TKP4	Area 55 – Tseung Kwan O Plaza		Residential	45/F
OS7	Area 51 - Oscar By the Sea		Residential	57/F
65C2	Area 65 – Site 65C – Planned School Area		Educational Institute	5/F
65C3	Area 65 – Site 65C – Planned School Area		Educational Institute	5/F
N2	Area 86 – MTRC Area 86 Development (Under Construction)		Residential	50/F
N14	Area 86 – MTRC Area 86 Development (Under Construction)		Residential	42/F
N23	Area 86 – MTRC Area 86 Development		Residential	50/F
V1	Village House to the north of the Eastern Portal of WCR		Residential	2/F

Table 4.6 Summary of Identified Existing/ Planned Noise Sensitive Receivers for Traffic Noise Impact Assessment

NSR		Description	Type		Floor	Remarks
*Kowloon Area*
LC1		Laguna City	Residential		25/F	-
LC2		Laguna City	Residential		27/F	-
CKL1 – CKL2		Existing Residential Development along Cha Kwo Ling Road	Residential		6/F	-
H1 – H4		Private Residential Development to the north of WCR (Planned)	Residential		50/F	Locations are in accordance with the setback requirement of the land use
HS1 HS2		School Village of Kaolin Mine Site	Educational Institute		9/F	Building Layout based on MTR Tseung Kwan O Line Tseung Kwan of Area 86, Comprehensive Development Area submission under Section 16/4A Town Planning Ordinance – Environmental Assessment
HS3 – HS4		School Village of Kaolin Mine Site	Educational Institute		9/F
H10 – H11, H20		KMS Housing Development to the south of WCR (Planned)	Residential		28/F
H12 – H14		KMS Housing Development to the south of WCR (Planned)	Residential		40/F
H15 – H16		KMS Housing Development to the south of WCR (Planned)	Residential		20/F
H17 – H18		KMS Housing Development to the south of WCR (Planned)	Residential		36/F
H19 – H20		KMS Housing Development to the south of WCR (Planned)	Residential		32/F
T1		Tin Hau Temple to the south of KMS Development	Temple		1/F	-
EHC1		Residential Development near Eastern Harbour Crossing (Under Construction)	Residential		45/F	-
EHC2 – EHC3		Residential Development near Eastern Harbour Crossing (Under Construction)	Residential		40/F	-
EHC4 – EHC6		Residential Development near Eastern Harbour Crossing (Under Construction)	Residential		40/F	-
S1 – S3		CCC Kei Fat Primary School (Under Construction)	Educational Institute		6/F	Located at 5m from site boundary
StA		St. Antonius Primary School and Kindergarten	Educational Institutes		7/F	-
LP		Lung Pak House, Hong Pak Court	Residential		33/F	-
CP		Chung Pak House, Hong Pak Court	Residential		34/F	-
KH		SKH Kei Hau Secondary School	Educational Institute		6/F	-
SG1		Block 9, Sceneway Garden	Residential		28/F	-
PW		Ping Tin Estate	Residential		38/F	-
*TKO Area*
V1 – V3	Village Houses to the north of the Eastern Portal of WCR		Residential	2/F		-
N1 – N15	Area 86 – MTRC Area 86 Development next to CBL (Under Construction)		Residential	42/F – 57/F		Layout based on the Report of MTR Tseung Kwan O Line Tseung Kwan of Area 86, Comprehensive Development Area submission under Section 16/4A Town Planning Ordinance – Environmental Assessment
PS3	Area 86 – Combined Primary and Secondary School		Educational Institute	6/F
N16 – N22	Area 86 – MTRC Area 86 Development next to Road L861		Residential	50-57/F
PS1 – PS2	Area 86 – Planned Primary School next to Road L861		Educational Institute	6/F
78B1	Area 78 – Planned Residential Area (R3) (Site 78C)		Residential	8/F		Located at 10m from site boundary
78B2	Area 78 – Planned Residential Area (R3) (Site 78A)		Residential	6/F		Located at 10m from site boundary
78E1 – 78E6	Area 78 – Planned Residential Area (R3) and Education Area (Site 78E)		Residential	8/F		78E1 – Located at the boundary of 60m width sewage tunnel protection zone 78E2 to E6 – Located at 10m from site boundary
S1 - S2	Area 78 – Planned Residential Area (R3) and Education Area		Educational Institute	6/F		Located at 10m from site boundary
OS1 – OS6	Area 51 – Oscar By The Sea		Residential	40/F – 59/F		-
TKC1 – TKC12	Area 57 – Park Central		Residential	48/F		-
TKP1 – TKP5	Area 55 - Site 55A - Tseung Kwan O Plaza		Residential	45/F		-
55B1 – 55B3	Area 55 - Site 55B- The Grandiose		Residential	46/F		-
56A	Area 56 – Planned Commercial Development (might include residential)		OU	45/F		Locations are in accordance with the setback requirement of the OZP
BaG1 – BaG10	Area 65 - Site 65A – Bauhinia Garden		Residential	41/F		-
KG	Bauhinia Garden School		Educational Institute	2/F		-
65B1 – 65B3	Area 65 - Site 65B – Planned Residential Area (R2)		Residential	25/F		Located at site boundary/5m from site boundary
65C1 – 65C3	Area 65 - Site 65C – Planned School Area		Educational Institute	5/F		-
65C6	Tseung Kwan O Methodist Primary School		Educational Institute	6/F		-
65C7 – 65C9	Area 65 - Site 65C – Planned Other Specified Uses Area including Residential Uses		OU	20/F		Located at site boundary/5m from site boundary
66A1 – 66A4	Area 66 - Site 66A – Planned Residential Area (R1) (with 3storeys commercial development at lower levels)		Residential	35/F		Located at site boundary
66B1 – 66B5	Area 66 - Site 66B – Planned Residential Area (R1) (with 3storeys commercial development at lower levels)		Residential	35/F		Located at 5m from site boundary / boundary of breezeway
66C1 – 66C2	Area 66 - Site 66C – Planned Residential Area (R1) (with 3storeys commercial development at lower levels)		OU	20/F		Located at 5m from site boundary & boundary of breezeway
66D1 – 66D2	Area 66 - Site 66D – Planned Residential Area (R1) (with 3storeys commercial development at lower levels)		OU	20/F<