fine for illegal demolition not a deterrent

 

Update: The maximum fine under the law for this offence is RM500,000 or two years jail or both. The CM has described the RM6,000 fine imposed as a mere slap on the wrist and has instructed the MPPP to appeal for a heavier sentence.

The firm responsible for demolishing an old double-storey building along Pykett Avenue without local council planning permission was fined a small sum by the magistrate’s court yesterday.

Klassik Tropika Development Sdn Bhd of the Mah Sing Group was fined RM6,000 for the demolition, which took place just days before a scheduled MPPP inspection (probably to assess if the site had any heritage value) in July 2010.

This saga brings back memories of how a RM2 company was fined RM50,000 for the Christmas Day 1993 demolition of the historical Metropole Hotel, a property worth RM9.5 million back then.

Seriously, folks, what is there to stop developers from tearing down buildings like these? The fine is hardly a deterrent as it will very likely be factored into the cost of projects, which may have GDVs running into millions, if not billions of ringgit.

Unless… the MPPP appeals to the High Court and if the MPPP freezes future development of the property. After the demolition in July 2010, the new landowner submitted an application to MPSP in October 2010 to build 315 apartments in four towers. State exco member for Local Government Chow Kon Yeow reportedly said the application has since been frozen.

Keep an eye on Pykett Avenue.


Ong Eu Soon
18 January 2011 at 7.12pm · Reply
RM6000 for heritage conservation, what a joke! No wonder this nation go into the drain.

peter wong
18 January 2011 at 11.04pm · Reply
pursuant to s27 Town &Country Planning Act, local council can direct the landowner to reinstate the building.

YB Chow do u have ***** or are another Koh Tsu Koon haha

nkkhoo
19 January 2011 at 1.46am · Reply
What is big deal to pay another RM6000 for refusing to reinstate the building.

nkkhoo
18 January 2011 at 7.56pm · Reply
There is another case in KL, developer demolished the historic bungalow and paid the peanut fine.

The heritage preservation law should be amended to confiscate the land.

Andrew I
18 January 2011 at 8.09pm · Reply
“This saga brings back memories of how a RM2 company was fined RM50,000 for the Christmas Day 1993 demolition of the historical Metropole Hotel, a property worth RM9.5 million back then.”

You’re not supposed to have such a long memory, Anil. RM6000? If only prices of goods and services could come down as much as this, we’d all be rich.

peter wong
18 January 2011 at 11.01pm · Reply
i thought Metropole fined 5k.

eh they had to rebuild, at least the facade.

Anil
18 January 2011 at 11.36pm · Reply
Ref for the RM50k can be found here:

http://www.malaysiakini.com/news/2898

peterwong
19 January 2011 at 5.14am · Reply
Very interesting article.

We have the legislation in place now.

We are a UNESCO Heritage city.

We have DAP as the state government.

CM Lim you have to power now to set it straight for all the developers do not fool with Penang. Please make a difference and do not be bought by them.RULE OF LAW.

Please MPPP to take action and we want a deterrent sentence, we fought and won the PGCC battle, they are building landed properties there now.

THIS IS A ELECTION YEAR

wira
18 January 2011 at 8.27pm · Reply
There is hope yet for the developer and his frozen application.
Bring back BN and all his transgressions can be exonerated.

peter wong
18 January 2011 at 10.59pm · Reply
no way frozen , DAP have no ***** la, like Our old CM haha, developer bought land at 300/ sq ft and just let it seat there.

if this is true, I better sell my Mah Sing shares, the CEO needs to see a shrink haha

kingkong
20 January 2011 at 4.31pm · Reply
Peter

… If U are a shareholder by all means act and bring out the DESTRUCTION of heritage buildings during Mah Sing’s AGM

Peter wong
20 January 2011 at 10.13pm · Reply
too late mate, made a profit and sold my shares already.

Tan sri Leong is not going to care, read their vision and mission statement making money is supreme haha.

Bring back BN 1Malaysia will do good for Penang..

How about a casino license in Pulau Jerjak !!

peterwong
18 January 2011 at 10.29pm · Reply
I will be introducing this to all my developer clients, demolish even the heritage buildings and pay a small fine.

Penang is the way to go.

Those stupid developers like E&O and others who follow guidelines, idiots you are.

Knock it down and thats the way to go

Dr B Nawawi
18 January 2011 at 11.12pm · Reply
anil

please note that what was reported in The Star, there was no mention of an inpection by MPPP, I was at the hearing and MPPP prosector did not bring this up.This is motive, knock it down before inspection, sekali ask us to preserve building how , habis la.

Penang now some more UNESCO….

she also did not ask for a deterrent sentence. MPPP is inviting developers to demolish buildings – so that (MPPP) can collect development charges, which had been recently increased(?)

same same la BN or DAP, for developers mayb BN better because no CAT policy.

ya la lets have Dr Teng back la easier to move things.

nkkhoo
19 January 2011 at 1.58am · Reply
Melaka CM, Mohd Ali Rustam personally went to the field when a shophouse in the heritage zone was demolished illegally by a Singaporean and warned he will freeze the land or may be buy back the land for public purpose.

LGE is hiding in his air-cond office all the time and issues tons of media presses to blame all problems to previous government.

peterwong
19 January 2011 at 11.10am · Reply
CM Lim

WHat you need to do is sort out the mess in town, which is listed as Heritage and which is not. SO many in the fringe areas that need attention.

Freeze PLANNING PERMISSION the only way to go, fines will not be effective because the developer just price in la costs to the ultimate purchaser. Your people.

We welcome you KL developers but dont take advantage of Penang’s generosity.

Penangite
19 January 2011 at 12.21am · Reply
It’s only fair that Mah Sing build back the bungalow at the SAME location.

moo_t
19 January 2011 at 12.47am · Reply
This precedent just show the ultimate One Malaysia goals : it is cheaper to break the law than follow it.

Bare in mind that, this precedent are not just plain bad governing, but also bad for economy! Under Pareto condition, if a society allow selfish business activity continue, it will increase the market transaction cost and eventually everyone will loss.

SamG
19 January 2011 at 10.32am · Reply
The fine was imposed by the Courts (read BN Courts)not MPPP. So MPPP has been asked to appeal.
How can the State Govt be held negligent when such matters are under the jurisdication of MPPP?
You guys have been seeing too much of intereference from BN run Govt so you assume CM LGE can put his fingers anyway in Penang and control the outcome.
It does not work like that in Govt unless its BN run

nkkhoo
19 January 2011 at 12.55pm · Reply
Why the state government interfered MPPP’s decision making on sPICE ? Who is authorized to allocate fund from MPPP for sPICE?

Why LGE instructed MPPP to appeal if that is not his business?

Can you explain your new logic?

peterwong
19 January 2011 at 5.50pm · Reply
S27 of the Town & Country Planning Act empowers the local council to take action against the landowner.

google it people of penang

KhawSimBee Resident
19 January 2011 at 11.12am · Reply
I have been following Mah SIng SHares, why they have not informed BURSA of this charge by MPPP ??

SC should look into this.

C H U N
19 January 2011 at 11.18am · Reply
Carine will GIVE 110 pages and show them what is the Rule of Law.

This case is of Public Interest.

We are concern as all the heritage or non heritage buildings will not be safe.

6000 fine for a GDV 380,000,000 project is definitely not a deterrent.Any fine for developers is not a deterrent.

LGE a deterrent will be to freeze planning permission for 10 years. I am sure, no other developers will dare to flaunt the law ever again.

kee
19 January 2011 at 11.58am · Reply
SamG, you are the sensible one here, the rest are like monyet kena belacan… just jump is what they are good at, in particular, that khoo guy !!!

SunnyOoi
19 January 2011 at 1.10pm · Reply
Becareful of what you say about Khoo. Afterall, he speaks for public fund. Whatever that means.

kee
19 January 2011 at 12.04pm · Reply
Why are the developers so daring? Because they have been under BN for too long, everything can be “kau tim”.

So, vote for BN, all can be kau-kau tim tim !!!

nkkhoo
20 January 2011 at 12.43am · Reply
FYI, Melaka is under BN.

No one dare to dismantle old buildings again after Mohd Ali Rustam warned he will not hesitate to acquire the land for the public facility like building a new museum.

LGE is acting like KTK with inaction against the landlord and adopting pro-developer policy.

More developers will follow Mah Sin to tear down whatever heritage buildings in Georgetown because LGE is a dumb duck CM, nothing to do his is PR or BN chief minister.

kingkong
20 January 2011 at 4.35pm · Reply
Melaka has bankroll of BN money. Penang has none and BN has been throwing oney on leaning Pisa of Monkey Garden. Can you see the difference?

nkkhoo
21 January 2011 at 11.30am · Reply
KTK was BN CM, and still he was indecisive … that kind of character is something to do with the leadership quality.

LGE pro-developer attitude is an open secret, (his administration) betrayed Kampung Buah Pala’s residents in the past.

Acquire the land for public purpose is absolutely legal. I believe those common Penangites with no vested interest in property market will support this extraordinary move to teach errant developer a bitten lesson.

LGE can fork out 50 million for sPICE, why he cannot do the same for acquiring this land?

CPL
19 January 2011 at 12.45pm · Reply
Thanks SamG. At times we tend to hentam without thinking first

If you read Star Metro North on 17 Jan

http://thestar.com.my/metro/story.asp?file=/2011/1/17/north/7692469&sec=north

I am looking forward to see all the trees grow and make Carnavon Street more shady. But this green project costs RM 101,604 with RM 75,144 from Khazanah’s subsidiary Think City which is part of the RM 20mil from federal government to conserve and revitalise Georgetown in line with its heritage status. According to the report, the RM 75,144 was for the purchase of 60 plants or RM 1,252.40 per plant. I hope this is not true that the trees cost so much.

wira
19 January 2011 at 12.57pm · Reply
Apparently many who commented here did not know that building is outside both the core and buffer zones of the UNESCO heritage site.
It is also not a gazetted heritage building.

The developer destroyed an old building while investigation by MPPP was still on going.
Sadly, the small fine of RM6000 was probably what a magistrate could legally impose today.

So no one should fault the state government or MPPP for the arrogance of the developer as long as the project remains frozen by the authorities.
That is the best they can do under the present circumstance if we want to follow the rule of law.

Anil
19 January 2011 at 4.04pm · Reply
One report said the maximum fine under the law is RM500,000 or two years jail or both.

Wira
19 January 2011 at 4.26pm · Reply
I don’t think a magistrate has the authority to impose such a mammoth fine.

peterwong
19 January 2011 at 5.44pm · Reply
MPPP

Charged them in the wrong court, boo boo galore la, wonder why ??

Under the TCPA max fine 500k and 2 years imprisonment for landowner proceeding with works without planning permission from MPPP.

I stand corrected but I think its section 27, google it.

wira
19 January 2011 at 6.57pm · Reply
MPPP cannot initiate legal proceedings in court.

According to our federal constitution, all legal proceedings of the government (regardless of which) in this country must be undertaken by the AG office.

Please don’t blame MPPP.
I believe they are also frustrated.

Blame Putra Jaya.

nkkhoo
20 January 2011 at 12.47am · Reply
There is another option for state government, acquire the land for public purpose like building a library, a museum, etc. to teach errant developer a hard lesson.

wira
20 January 2011 at 5.09pm · Reply
Acquisition means the state/MPPP must pay to buy the said property from the owner.
The law does not provide for forced acquisition without compensation.

Why reward the belligerent owner with such a relief?
Better freeze approval to develop the land as long as PR is in power.
That is the best punishment.

nkkhoo
21 January 2011 at 11.34am · Reply
Acquisition is alike killing a chicken to scare off other wild monkeys.

No developer wish to lose their land in exchange of market price. They will make 10 times more if the land is developed for housing or business project.

tunglang
19 January 2011 at 3.45pm · Reply
The problem with conservation of heritage buildings in Penang is the classification of buildings and zoning. The Penang Core and Buffer Heritage zones give total protection to classified heritage buildings within the zones. But those in the fringe or even far out from the zones are not protected. Unless it is specifically assigned as a heritage like the P. Ramlee’s House in Jalan P. Ramee which is outside the zones.

Owners of such buildings, heritage or looked like heritage are in a dilemma when it comes to selling them to buyers or developers. Who will guarantee no demolition? At present there is no concrete long term policies or financial incentives for those owning such buildings (within or outside the Core or Buffer Zones) with regards to conservation matters or ownership priorities (local ownership or foreign).

It still looks like the wanton annihilation of the American Indian Reservation during the Wild Wild West. Whoever has the most ‘silver bullets’ (financial clouts) has his cowboy way – shoot (demolish) then talk (kau tim)!

MPPP is the lame Sheriff riding around on a donkey looking for quick draw Sundance Kid from KL!

ES Saw
20 January 2011 at 12.00pm · Reply
Which magistrate decided on this low penalty and on what grounds. There is a strong need for him/her to justify such a decision. It is time our judiciary measure up to the experctations of the people. What does the justice dept. say about such a ruling?

peterwong
27 January 2011 at 8.27am · Reply
Anil

Last night the residence of Pykett, Westland and Khaw Sim Bee area had a dialogue with the state government , lead by Yb CHOW and MPPPs’ personal.

They were kind enough to meet us the rakyat and share what is happening with the abovementioned property.

The stand is clear, the small fine is going to send the wrong message to all developers in town, especially now that we are a UNESCO Heritage city.The developers will demolish buildings without approval and just pay fine. Project reported to be 380 Million. 6k is kacang putih la

MPPP promise us that action will be taken against the developer. as a matter of PUBLIC INTEREST as the prices of land increases, the small fines do not work as a deterrent.

We need help from NGO’s and the people of Penang, the last date of filing the appeal to the RM6k fine is MONDAY 31/1/11. What can you do, call

YDP of MPPP 0124849403, 042592111
YB CHOW
MPPP Legal Counsel Shamiah 0174001183, 042592296

Remind them of the deadline.