Wallis Wang
The High Court only needs to consider whether the Environmental Impact Assessment report of public housing development on part of the Fanling Golf Course fits legal requirements instead of deciding whether flats should be built there, the Environmental Protection Department said.
It comes after the Hong Kong Golf Club lodged a judicial review, requiring the court to overturn the department’s decision to conditionally approve the report that gives the administration green light to build public flats in a 9.5-hectare area of the golf course.
Senior counsel Rimsky Yuen Kwok-keung, representing the department, told High Court judge Russell Coleman that the court has no authority to decide whether the golf course is a suitable place for housing development.
The court only needs to consider whether the EIA report is in accordance with legal requirements, Yuen said.
The use of golf course land involves professional and technical judgment, so it should be decided by the administration, he added.
The club had earlier accused the department of failing to launch a public consultation on the 91-page additional information attached to the report. The information includes assessments on hydrological impact and ecology, which could affect the environmental evaluation, it said.
However, Yuen said yesterday that it is not legally required for the authorities to launch public consultation on additional information, according to the EIA Ordinance.
The administration acted in accordance with the ordinance and the department did not make mistakes, he noted.
The club said the report is seriously flawed with inaccurate data on various factors, including hydrological impact, land pollution, old trees, noises and air quality.
But Yuen said the administration already had professionals consider the compatibility of the land, adding the assessment of trees and other factors was only part of the overall development plan.
The Director of Environmental Protection had to consider the detailed landscape and visual design of the area to minimize the impact of housing development on tree conservation. The department will review the layout of the proposed housing development plan to conserve 0.39 hectares of forest land in the area, he said.
The hearing continues today.