4 noise Impacts

4.1 Introduction

4.1.1 This section presents an assessment of the potential noise impacts associated with the construction and operation of the Project. The noise impact assessment is conducted in accordance with the requirements of Annex 5 and Annex 13 of the Technical Memorandum on Environmental Impact Assessment Process (EIAO-TM) as well as the requirements set out under Clause 3.4.5 of the EIA Study Brief (ESB-291/2015).

4.1.2 An application for an Environmental Permit (EP) would be submitted for the following Schedule 2 Designated Projects (DPs) (refer to Figure 1.3) and these DPs during construction and operational phases are included in this noise impact assessment:

· Construction of new primary distributor road (Road P1) (DP1)

· Construction of eight new distributor roads (Road D1 to D8) (DP2)

· Construction of slip roads between: Road D8 Junction and existing Castle Peak Road; Junction of D8/P1 and Junction of D7/P1; and Kong Sham Western Highway (KSWH) connection to Road D3 (DP5)

· Construction of partly depressed and partly decked-over roads located at Road D2, Road D4 and Road D6 (DP6)

· Construction of four new SPSs at Sites 2-34, 3-41, 3-48 and 4-35 (DP9)

· Construction of Road P1 and a slip-road from KSWH to Road D3 partly located within the “CA” of Yuen Tau Shan (DP12)

4.1.3 The following DPs would apply the EP through separated EIA studies but its potential impacts during construction phase and operational phase are also included in this noise impact assessment:

· Construction of new West Rail Hung Shui Kiu (HSK) Station (Site 4-34) (DP3)

· Construction of environmentally friendly transport services (EFTS) (DP4) – Potential DP subject to further review

· Construction of a new container back-up and storage area (Sites 3-1, 3-4, 3-5, 3-13 and 3-14) (DP7) – Potential DP subject to further review

· Construction of new HSK sewage treatment works (STW) (Site 3-26 and part of existing San Wai STW) (DP8)

· Construction of one refuse transfer station (RTS) (Site 3-12) (DP11)

· Construction of flushing water service reservoirs for reuse of reclaimed water at Tan Kwai Tsuen and Fung Kong Tsuen (Sites 3-3 and 5-40) (DP10)

4.2 Environmental Legislation, Policies, Plans, Standards and Criteria

General

4.2.1 Noise impacts are assessed in accordance with the criteria and methodology given in the Technical Memoranda (TMs) under the Noise Control Ordinance (NCO), and the EIAO.

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

· 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); and

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

4.2.3 With regard to the assessments of the construction noise impact during restricted hours and operational fixed plant noise impact, the NCO designates acceptable noise levels for Noise Sensitive Receivers (NSRs) on the basis of an Area Sensitivity Rating (ASR), based on the characteristics of the area within which they are located such as rural, village, low-density residential, or urban (see Table 4.1). Within these areas, the presence of "influencing factors" (such as the presence of industrial activities or major roads) can further affect the ASR and hence the acceptable noise levels.

Table 4.1 Area Sensitivity Ratings

Type of Area Containing NSR	Degree to which NSR is Affected by Influencing Factor
Type of Area Containing NSR	Not Affected	Indirectly Affected	Directly Affected
Rural area	A	B	B
Urban area	B	C	C
Low density residential area consisting of low-rise or isolated high-rise developments	A	B	C
Area other than those above	B	B	C

Construction Noise

4.2.4 The NCO provides the statutory framework for noise control of construction works, other than percussive piling, using powered mechanical equipment (PME) between the hours of 1900 and 0700 hours or at any time on Sundays and general holiday (that is, restricted hours). Noise control on construction activities taking place at other times is subject to the Criteria for Evaluating Noise Impact stated in Table 1B of Annex 5 in the EIAO-TM. The criteria are summarised in Table 4.2.

Table 4.2 Noise Criteria for Daytime Construction Noise

Uses	Daytime Noise Criteria in Leq(30min), dB(A))
Domestic premises	75
Educational Institution	70
Educational Institution (during examination)	65

Note: The above standards apply to uses which rely on opened windows for ventilation.

4.2.5 Between 1900 and 0700 hours and all day on Sundays and public holidays, activities involving the use of PME for the purpose of carrying out construction works is prohibited unless a construction noise permit (CNP) has been obtained. A CNP may be granted provided that the Acceptable Noise Level (ANL) for the NSRs can be complied with. ANLs are assigned depending upon the ASR. The corresponding basic noise levels (BNLs) for evening and night-time periods are given in Table 4.3.

Table 4.3 Basic Noise Levels (BNLs)

Time Period	Basic Noise Level (BNLs), dB(A)
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

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

4.2.6 The Noise Control Authority will consider a well-justified CNP application, for construction works within restricted hours as guided by the relevant Technical Memoranda issued under the NCO. The Noise Control Authority will take into account of contemporary conditions / situations of adjoining land uses and any previous complaints against construction activities at the site before making his decision in granting a CNP. Nothing in this EIA shall bind the Noise Control Authority in making his decision. If a CNP is to be issued, the Noise Control Authority shall include in it any condition he thinks fit. Failure to comply with any such conditions will lead to cancellation of the CNP and prosecution action under the NCO.

4.2.7 Under the DA-TM, 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; and

· Hammering.

4.2.8 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.

4.2.9 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 the 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. Referring to the construction method for the Project, percussive piling is not required.

Road Traffic Noise

4.2.10 For road traffic noise, the following L_10(1
hour) criteria stipulated in Annex 5, Table 1A of EIAO-TM are adopted for different types of noise sensitive receivers (NSRs):

· 70 dB(A) at 1 m from the external façades of residential dwellings, hotels, offices;

· 65 dB(A) at 1 m from the external façades of schools, places of public worship, courts of law, places where unaided voice communication is required; and

· 55 dB(A) at 1 m from the external façades of hospital or clinics.

Rail Noise

4.2.11 The EIAO-TM and IND-TM stipulate the appropriate ANL for rail noise. The ANLs are dependent on ASRs of the NSRs and are shown in Table 4.4. The EIAO-TM specifies the noise limit of L_max to be 85 dB(A) during night-time. In accordance with the Hong Kong Planning Standards and Guidelines (HKPSG), a 24-hour averaged noise level of 65dB(A) L_eq,24hr has been specified.

Table 4.4 Rail Noise Criteria

NSR Description	ANL on Different Area Sensitivity Rating for Rail Noise, (Leq, 30min, dB(A))
	Daytime and Evening time (0700 to 2300 hrs)			Night-time (2300 to 0700 hrs)
	A	B	C	A	B		C
Domestic premises, hotel, hostel and hospitals	60	65	70	50	55	60
Churches, school, medical clinics, and performing arts centre [b]	60	65	70	[a]

Note:

[a] No sensitive use/activities during this period.

[b] Churches, school, performing arts centre and clinics are considered to be noise sensitive during daytime and evening time only.

Fixed Plant Noise

4.2.12 Fixed plant noise sources are controlled by Section 13 of the NCO and IND-TM. Noise criteria for fixed plant noise impact with a noise criteria of 5dB(A) below the appropriate ANL shown in Table 2 of the IND-TM or the prevailing background noise levels (for quiet areas with level 5 dB(A) below the ANL) recommended in the Annex 5 of EIAO-TM for planning purposes are applied to this study. The ANLs and criteria for different ASRs are summarised in Table 4.5 below.

Table 4.5 Noise Criteria for Fixed Noise Sources

Time Period	Fixed Plant Noise for Different Area Sensitivity Rating (L_{eq 30 min,}dB(A))
	ANL, dB(A)			ANL-5, dB(A) for Fixed Plant Noise Criteria
	ASR A	ASR B	ASR C	ASR A	ASR B	ASR C
Day (0700 to 1900 hrs)	60	65	70	55	60	65
Evening (1900 to 2300 hrs)	60	65	70	55	60	65
Night (2300 to 0700 hrs)	50	55	60	45	50	55

4.2.13 The Project areas are located in the proximity to developing areas, mixed with busy heavy vehicles road traffic and rail traffic, but also with scattered village developments. Thus, the prevailing background noise measurements at selected representative NSRs have been conducted. The ASR of the type of area within the NSR located is determined for assessment. When determining the ASR for a NSR, the following are considered:

· The type of area within the concerned NSR is located;

· The Influencing Factor (IF) identified;

· The Degree to which the NSR is affected by IF; and

· If applicable, nearby OZP “Industrial” or “Industrial Estates” zone.

4.2.14 A summary of the prevailing background noise level measured at the representative existing NSRs within the Project is given in Table 4.6 and the locations of background noise measurement are shown in Appendix 4.2.1 and Appendix 4.2.2.

Table 4.6 Summary of Measured Prevailing Background Noise Level

ID	Measurement Location	Minimum Measured Noise Level, Leq (30 min) dB(A)
ID	Measurement Location	Daytime (0700-1900)	Evening (1900-2300)	Night-time (2300-0700)
M01	San Lee Uk Tsuen (Along Tin Ha Road, outside the Zion Church of U.B. in Christ)	68	68	58
M02	Tin Sum Tsuen (Outside Tin Sum Playground)	49	49	39
M03	San Sang Tsuen (Along Tin Ha Road, opposite to San Sang Tsuen Sitting-out Area)	53	50	40
M04	Sha Chau Lei Tsuen (Opposite to Ching Chung Care & Attention Home for the Aged)	52	49	42
M05	Sik Kong Tsuen (Near Long View Garden Block 9 & 10)	52	50	45
M06	Tseung Kong Wai (Near Tseung Kong Wai Public Toilet)	55	55	46
M07	Fung Kong Tsuen	51	46	39

Helicopter Noise

4.2.15 There is an existing helipad near Ha Tsuen Interchange in the vicinity of the Project. According to Table 1A of Annex 5 “A Summary of Noise Criteria” in the EIAO-TM, the criteria for helicopter noise is L_max 90 dB(A) for offices and L_max 85 dB(A) for domestic premises, hotels, hostels, education institutes, places of worship, hospital and clinics during 0700-1900 hours. The standards apply to uses that rely on openable windows for ventilation and the standards should be viewed as the maximum permissible noise levels assessed at 1 m from the external façade.

4.2.16 In accordance with the EIAO-TM, there are no specified evening and night-time assessment criteria for helicopter noise yet. Based on the requirements under Annex 5(d) and section 4.4.2(c) of EIAO-TM, criteria for evaluating such helicopter noise impacts shall be determined on a case-by-case basis so as to assess whether the proposed methodology are consistent with the methodologies adopted for Hong Kong Projects having similar issues or with methodologies accepted by recognised national / international organisation. By referring to the approved EIA Reports on Helipad at Yung Shue Wan, Lamma Island (AEIAR-094/2006, hereinafter YSW EIA) and Peng Chau Helipad (AEIAR-087/2005), those helipads are intended for emergency operation only. In view of emergency nature and without scheduled flight, noise criteria were not proposed for emergency helicopter operation during evening and night-time period.

4.2.17 As review the helicopter noise assessment criteria adopted in several similar cities/countries including London (United Kingdom), California (United States), Singapore, Hamilton (New Zealand) and Victoria (Australia). The findings reveal that there is no evening and night-time noise criteria or guidelines adopted for emergency helicopter operation, such as fire-fighting, medical emergencies and law enforcement, etc. As stipulated in the approved EIA Report of “Deep Bay Link” (EIA-078/2002), this existing helipad is for emergency use. The use of this helipad during evening and night-time period has similar situations to those reviewed cities/countries.

4.3 Baseline Conditions

4.3.1 The HSK NDA (herein referred to as the “Project”) is located at the north of Castle Peak Road – HSK Section, where bounded by Tin Ying Road, Kiu Hung Road on the east, and KSWH on the west. There is a small hill extending from Yuen Tau Shan to its immediately northwest and further north is Deep Bay. The locality of area within Project area is predominantly in rural. There are some scattered existing village developments (i.e. Ha Tsuen, Kau Lee Uk Tsuen, San Lee Uk Tsuen and Tin Sam) in the north and west of the Project. While some existing mid to high-rise residential developments are located in the south along Castle Peak Road and southeast along Hung Tin Road of the Project. Industrial premises/factories are also scattered throughout the area. Other facilities such as Tin Hau Temple, ancestral hall, shrine and study hall are also located in the area. Currently, the Project area mainly comprises zones of villages, agriculture, open storage and industrial uses.

4.3.2 Even though the area within Project is mainly rural area, its surrounding areas are developed sub-urban area. To the south of the Project area along Castle Peak Road – HSK is a mixture of village houses and mid-rise residential developments. Developed Tin Shui Wai New Town with high-rise residential development is in its east.

4.3.3 The existing noise climate is dominated by the road traffic noise from Castle Peak Road, KSWH, Yuen Long Highway and Hung Tin Road as well as the railway noise from the West Rail Line (WRL) and Light Rail Transit (LRT) of MTR.

4.3.4 Castle Peak Road and Yuen Long Highway are heavily trafficked trunk road and expressway, respectively. The background noise level in the area along Castle Peak Road and Yuen Long Highway is high.

4.3.5 Areas around Tin Sam, San Lee Uk Tsuen, San Sang Tsuen, Kau Lee Uk Tsuen and Shek Po Tsuen are clustered rural villages, the WRL, which is an above-ground railway passing through the area would be the dominant source of the background noise.

4.3.6 Isolated industrial operations scattered throughout the Project area also contribute to the overall ambient noise levels. These operations include open storage facilities, canning factory, container back-up areas and car stripping/repair workshops. Noise emitted from the fixed plant equipment in the industrial premises is the major noise sources contributing to the existing background.

4.3.7 The northern area of the Project, including the area around Fung Kong Tsuen, Sha Kong Wai and San Hing Tsuen is mainly a mixture of clustered villages and open storage areas. The major noise source in the area is from the movement of heavy vehicles on local roads and the loading/unloading of containers at the storage site. Areas around Ngau Hom Shek are natural slopes, with no significant noise source in the area.

4.4 Noise Sensitive Receivers

4.4.1 In accordance with Annex 13 of the EIAO-TM, any domestic premises including temporary housing, school, educational institution, hospitals, medical clinics, homes for the aged, convalescent homes, places of worship, libraries, courts of law, performing arts centres, auditoria, amphitheatres are identified as NSRs. The assessment area is the areas within 300 m from the Project area.

4.4.2 All existing NSRs, committed and planned noise developments and uses are identified based on the Revised RODP and the below latest Outline Zoning Plans. The identified NSRs are listed in Table 4.7. The locations of these NSRs are shown in Appendix 4.4.1.

· Ha Tsuen OZP No. S/YL-HT/10

· Lam Tei and Yick Yuen OZP No. S/TM-LTYY/8

· Tong Yan San Tsuen OZP No. S/YL-TYST/12

· Ping Shan OZP No. S/YL-PS/16

· Lau Fau Shan and Tsim Bei Tsui OZP No. S/YL-LFS/7

· Tin Shui Wai OZP No. S/TSW/12

Table 4.7 Identified Existing, Committed and Planned Noise Sensitive Receivers

NSR ID	NSR Description	Existing / Planned Use
Existing NSRs
E1-OA	Tin Wah Estate	Existing Residential
E1-OB_R	Tin Shing Court	Existing Residential
E1-OB_E0	Q.E.S. Old Students' Association Branch Primary School	Existing Educational
E1-OB_E1	YLPMSAA Tang Siu Tong Secondary School	Existing Educational
E1-OB_E2	Lions Clubs International Ho Tak Sum Primary School	Existing Educational
E2-OA	Village House at Lau Fau Shan	Existing Village
E2-OB	San Hing Tsuen	Existing Village
E2-OC	Sha Kong Wai	Existing Village
E2-OD	Tin Yan Estate	Existing Residential
E4-OA	Tsing Cheun Wai	Existing Village
E4-OB	Nai Wai	Existing Village
E4-OC	Sun Fung Wai	Existing Village
E4-OD	Chung Uk Tsuen	Existing Village
E5-OA	Tong Fong Tsuen	Existing Village
E5-OB	Hang Mei Tsuen	Existing Village
E5-OC	Tai Tao Tsuen	Existing Village
E5-OD	Uptown	Existing Residential
E5-OE	Shung Tak Catholic English College	Existing Educational
E5-OF	Treasure Court	Existing Residential
E5-OG	Lai Hung Garden	Existing Residential
E5-OH	Bauhinia Garden	Existing Residential
E1-IA	Tseung Kong Wai	Existing Village
E1-IB	Hong Mei Tsuen	Existing Village
E1-IC	Tung Tau Tsuen	Existing Village
E1-ID	Lo Uk Tsuen	Existing Village
E1-IE	Sik Kong Wai	Existing Village
E1-IF	Ha Tsuen Shi	Existing Village
E1-IG	San Uk Tsuen	Existing Village
E1-IH	Sha Chau Lei	Existing Village
E1-II	Kau Lee Uk Tsuen	Existing Village
E1-IJ	San Sang Tsuen	Existing Village
E1-IK	Shek Po Tsuen	Existing Village
E2-IA	Fung Kong Tsuen	Existing Village
E4-IA	Tin Sum Tsuen	Existing Village
E4-IB	Tsing Chuen Wai	Existing Village
E5-IA	Kiu Tau Wai	Existing Village
E5-IB_R	Hung Uk Tsuen	Existing Village
E5-IB_C	Chinese Mission Seminary	Existing Church
E5-IC	San Lee Uk Tsuen	Existing Village
E1-26	Existing Homes for the Elderly (Yeung Chun Pui and Ching Chung)	IC
E4-30	Ling Liang Worldwide Evangelistic Mission HSK Ling Liang Church (located at the junction of Castle Peak Road and Yick Yuen Road)	IC
E5-23	Sheffield Villas	R3
E5-25	Hung Fuk Estate	RSc
E5-31	Existing Residential Development	R2
E5-35	Bellevue Court	R4
E5-39	Existing Residential Development	R3
E5-44	The Church of Jesus Christ of Latter-Day Saints (Hung Shui Kiu) (located at the junction of Castle Peak Road and Tin Ha Road)	R3
Committed NSRs by Other Projects
O5-06	Planned Subsidised Sales Flat	R2(SSF)c
O5-33	Planned Residential Development	R2

NSR ID	NSR Description	Existing/Planned Use
Planned NSRs under HSK Project
P1-02	Site 1-02	R2(SSF)c
P1-03	Site 1-03	E
P1-04	Site 1-04	R2c
P1-05	Site 1-05	R2c
P1-06	Site 1-06	R2c
P1-08	Site 1-08	R2c
P1-09	Site 1-09	R2c
P1-12	Site 1-12	R2
P1-15	Site 1-15	E
P1-17	Site 1-17	R2
P1-18	Site 1-18	E
P1-19	Site 1-19	R2
P1-21	Site 1-21	R2c
P1-22	Site 1-22	E
P2-02	Site 2-02	R3
P2-03	Site 2-03	R3
P2-07	Site 2-07	R3
P2-09	Site 2-09	E
P2-10	Site 2-10	R3
P2-11	Site 2-11	R3c
P2-14	Site 2-14	R3
P2-15	Site 2-15	E
P2-16	Site 2-16	E
P2-18	Site 2-18	RR4
P2-19	Site 2-19	RR4
P2-24	Site 2-24	E
P2-25	Site 2-25	G
P2-26