Saturday, July 30, 2011

Mr Loh aware of Techncal Review Panel inspection

---------- Forwarded message ----------
From: Penang Heritage Trust <info@pht.org.my>
Date: Sat, Jul 30, 2011 at 11:30 AM
Subject: Re: 20 Pykett - Meeting with YB Chow Kon Yeow
To: yan lee , Bnawawi599

Thanks! Yan Lee.
I think Mr. Loh knows very clearly that there was plan to have a site inspection by the Technical Review Panel, the day before the demolition.
The Site inspection is suppose to determine the heritage value of the building. The sad thing is the demolition took place even before the inspection, there was no chance for the inspection to take place...

Now the most important thing is, the MPPP Director Patahiyah made her stand very clear on the evening, in her opinion, it doesn't matter to MPPP whether this is a heritage building or not, it is about illegal demolition without approval that against the Town & Country Planning Act 1976. NST has done a very good coverage and reported the rebuild order is still standing.

Thanks,
Sheau Fung

--
Sheau Fung, Ho
Penang Heritage Trust
26 Lebuh Gereja
10200 Penang, Malaysia
Tel: +604-264 2631
Fax: +604- 2628421
www.pht.org.my

Thursday, July 28, 2011

FOLLOW ORDERS NST 28July2011

Article

FOLLOW ORDERS

2011/07/27
By Looi Sue-Chern

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The site where the old double-storey bungalow was unlawfully demolished.

Lebuhraya Pykett residents want the developer to rebuild the bungalow it demolished — as ordered by Penang Island councilGEORGE TOWN: A year has passed since the double-storey bungalow at 20, Lebuhraya Pykett here in Pulau Tikus, was unlawfully demolished.

The matter, which caused a public outcry, especially among heritage conservationists, is still far from over.

Residents living in the Lebuhraya Pykett, Jalan Westlands and Jalan Khaw Sim Bee areas near the land, where the bungalow once stood, claim that the developer has submitted a new application to the local authority when it has yet to reconstruct the bungalow as instructed.
Lebuhraya Pykett resident Y.C. Lee, 48, said the residents in the area were recently notified of the developer's application made to the Penang Island Municipal Council's (MPPP) one-stop-centre (OSC) for a planning approval for a multi-million ringgit high-rise residential project on Lot 951 at Lebuhraya Pykett.

This application, he said, was submitted last month even though the developer had not complied with an order by the MPPP to rebuild the bungalow, which was unlawfully demolished in July last year.

The order from the MPPP came in February, a month after the developer was fined a mere RM6,000 by a magistrate's court for tearing down the structure without a permit.

State Local Government and Traffic Committee chairman Chow Kon Yeow was quoted in February as saying that the MPPP had also applied to the court to have the fine increased.

With the latest development, the residents wanted to know what had happened to the rebuilding order, said Lee.

"We would like to know if the developer can do this? Can they submit a new application for their project when they are under the council's order to rebuild the bungalow?

"Can the MPPP also process the application since the developer had not even worked on the order?" he said yesterday, adding that 30 objections from residents in the area had been submitted to the council over the developer's latest application.

The developer submitted an application in October last year to build an apartment complex.

Lee said although the old bungalow was not listed by the authorities as a heritage structure, efforts should still be undertaken to protect old buildings, since the state, businesses and people were benefiting from the Unesco World Heritage Site listing for George Town.

He said with the Pykett incident as a precedent, he feared other old structures that were not listed as heritage buildings would be torn down to make way for development.

"There is a beautiful orange bungalow in Jalan Burmah opposite SMK Convent Pulau Tikus, which might suffer the same fate if another developer gets its permit," he added.

When contacted, Chow said a meeting with the residents would be held to address their questions and objections.

Tuesday, July 26, 2011

What we are fighting for

The point is about The Rule of Law and NATURAL JUSTICE. Malaysia is going through a transformation program for a better future for our children and our children's children. Hence the basic principle of the rule of law must prevail.

1. The landowners broke the law by demolishing this building without permit under the Town & Country Planning Act. ref:MPPP/OSC/PM(1090)/10.

2. They were punished by a fine of 6K NOT EVEN 0.1% of the development projects GDV.

3. Under a separate section of the Town &Country Planning Act, MPPP imposed a unconditional rebuilt order under
ref: MPPP/OSC/PM(1090)/10, which has not been complied with to date.hence their application has been frozen ref : MPPP/OSC/PM(1090)/10.

4. The landowner has applied for a new planning permission which is being processed by MPPP, clearly an abuse of process by the landowner, MPPP/OSC/PM(1335)/11.

5 They have reduced the no. of units from 315 to 294 but parking podium and height of building remains the same.

6. There is whispers in the grapevines that the landowner is contributing to a special heritage fund to get a waiver on the rebuilt order. Sounds like the Obama administration haha.

7. GE 13 also on the way.

8. Bersih ??

How are our buildings in town safe ? DEMOLITION ALERT : a) Orange building opposite Convent Pulau Tikus, b) Shih Chong school on Northam Road.

The demolition of buildings in Penang without planning permission is a problem. The people who demolish buildings to develop the land to a multi storey high density apartment project, only pay a small fine of RM6k for their illegal act.

How do we prevent this, developers dont mind paying a small fine. Project GDV is RM500 million what is a fine of RM6k for this development at Pykett.

The only way to prevent the landowner from demolishing buildings without approval, is that the Local Council freeze all development on the land for the next 10 years !!

Pay fine , no point when the quantum will be priced in to the apartment buyers.

Prison term, the "beyond reasonable doubt" test is difficult to proof.

Our Heritage buildings in town are not safe !!

20 Pykett is a test case

Monday, July 25, 2011

STOP ILLEGAL DEMOLITION IN PENANG FOR $$$$$$$$

email to CM on latest development

CM Lim Guan Eng

---------- Forwarded message ----------
From: b nawawi
Date: Monday, July 11, 2011
Subject: 20, LEBUHRAYA PYKETT ILLEGAL DEMOLITION OF BUILDING
To: "limguaneng@penang.gov.my" ,
"chowkonyeow@penang.gov.my"

On Saturday, July 9, 2011, b nawawi wrote:
CM And YB Chow

Look at whats happening in KL now, if you dont look after our interest
we will ask for change.

Your people come first, this kotor developers can go home !! We dont
want their dirty money.

CM your dad chastised the BN government when Metropole Hotel was
illegally demolished, please read what he had to say.

I have been informed and verily believe that the above landowner has
negotiated with MPPP and the Penang state government to set up a
Special Heritage Fund. This is to compensate for the wrong they have
done for demolishing the building without planning permission.

The amount reported to me is in the vicinity of three million ringgit.
Lots of money. In Malaysia rumours are always more accurate then
facts. Only you and god will know whether I am well informed or not.

If you look at this in perspective, The project GDV is five hundred
million ringgit
RM 500,000,000.00, three million ringgit is 0.6% of the GDV. The
industry standard return nett profit for a viable development is 20% to
30%. Just a little pinch , maybe The Leong's dont get to go skiing in
the Swiss alps but have to do Austria instead.

CM YB what is Heritage conservation all about ??

1. with Unesco status, Penang has definitely been enjoying an increase in
tourist nos.

2. property prices have increased because of UNESCO Heritage status,
property have been appreciating at such an alarming rate, Penang is
out shining KL. Foreign buyers from Spore , HK and Indonesia.

3. For our children and their children's children. That in the future
they can be proud to enjoy and experience what their grand or great
grand parents, the living condiitions they had lived in. This consist of a whole
complete area and environment which is preserve for the future.

Talking to the people in town past few days, concept and idea of
Heritage conservation is all about making money, the factor which
diffrentaite us from the developed countries of the west.

There must be something lost in us , something more then just making
and having money !!

4. If its only about a fine. or a contribution to a Heritage fund its
all about money and we know these developers have money, lots of it.
They pass on their burden to the ultimate purchasers their additional
costs. Your people me and my neighbours.

5. more building are being "accidentally" demolished, fascade of hotel
at Jalan Masjid Kapitan Keling by BYG architect, did they get into
trouble, it was all an accident correct. I have highlighted to you before the orange colour bungalow on Burma Road ,
opposite CPT.

CM YB, we do not want to curb development, we are for sustainable development.

The issue is if you allow them to give you money, all developers will
again do the same thing, they will price it all into their project. Who
looses at the end, your people your voters.

All future developers who want to demolish buildings, pay a fine in
court and contribute to your Heritage fund, then legally demolish !!
In twenty years what is going to be left ?? Nothing left to conserve.

Please look long term , dont be like the shortsighted BN people.

CM and YB Chow, I humbly plead to you to take action, the oppurtiunity
is now to make a difference. Teach Mah Sing a lesson, no other developers will dare to take advantage of Penang.

Thank you for a new Malaysia.

Regards
Dr B Nawawi.

On Monday, July 11, 2011, b nawawi wrote:
please advise

On Sunday, July 10, 2011, b nawawi wrote:
CM Lim Guan Eng

please advise

On Wednesday, July 6, 2011, b nawawi wrote:
FYI

On Friday, June 17, 2011, b nawawi wrote:
Please advise.

On Wed, Jun 8, 2011 at 6:18 PM, b nawawi wrote:

Puan, YB and CM,
We wish to highlight to your office again that the illegal demolition of the bungalow at 20 Pykett has caused major repercussions in Penang.
The owners of the land were fined a small sum, this amount is less then 1% of the total GDV of the project.

This is a problem as it is not a deterrent to other developers. It is only logical to disregard the implications of demolishing a building without planning permission and be a irresponsible developer. Pay the fine and that is it. The developer will costs all this into their new project, no big deal. Land costs is rising to a level of 400 per sq foot in town, this is making it more and more lucrative for developers to knock down buildings to develop new mega structures. [no difference if Heritage buildings or not]

Now another bungalow on Burmah Road, opposite Convent Pulau Tikus is under threat. a small difference being that this developer is a responsible developer, they have applied for planning permission to demolish the bungalow, waiting for approval from MPPP. http://www.kwongwah.com.my/news/2011/06/04/18.html

What is to stop them from taking it down tomorrow ?? Knock it down and pay a RM6000,00 fine. Precedent has been set by the courts. All the lawyers in town know of this case, they shall advice their clients accordingly. Fair enough, 20 Pykett was not listed as heritage since the ORANGE bungalow is double the fine. Still cheap for a 500million GDV project.

MPPP is also making excuses that they cannot find detail drawings, we have consulted our consultants from Penang and Australia and have been advice that there are other methods available to perform reconstruction on site. MPPP having ordered the owners to unconditionally reconstruct the building, should push for this.

CM it is imperative that action is taken to prevent errant developers from demolishing buildings without planning permission, we note inadequacy in our system, that is why we need to address them.

Our Heritage buildings are not safe !! pay a small fine is not a deterrent.
The oppurtiunity is before the Penang Government and MPPP to stop future illegal demolitions happening, new common law has to be made in courts to protect our heritage buildings. Penang is a UNESCO listed living Heritage city today. This listing has done wonders for Penang.

Thank you for a new Malaysia.
Yours sincerelyDr. B Nawawi.
The press can you help to publicise this issue.

Wednesday, 15 June 2011

pykett will be remembered as the project that safe heritage houses in Penang

email below to CM and Penang GOV for help

From: b nawawi
Date: June 8, 2011 18:22:25 GMT+08:00
To: Patahiyah Bt Ismail , chowkonyeow@penang.gov.my, limguaneng@penang.gov.my
Cc: citizen-nades@thesundaily.com, editor@themalaysianinsider.com, editor@thestar.com.my, editorial-pg@guangming.com.my, info@sinchew-i.com, letters@freemalaysiatoday.com, letters@thesundaily.com, malaysiachronicle@gmail.com, mtadmin.contact@gmail.com, news@nstp.com.my, newsdesk@thesundaily.com, north@thestar.com.my, penang@chinapress.com.my, penang@nanyang.com.my, radiantjustice@yahoo.com, starprobe@thestar.com.my, CHONG CHENG HAI , editor malaysian chronical , Himanshu Bhatt , kwongwah , nst penang , "Regional Editor (North) Choi Tuck Wo" , Penang Heritage Trust , Shamiah Binti Haji Bilal , "Sheau Fung, Ho" , Clement LIANG , Dr Choong Sim Poey , Jack ONG , Jack Ong , Joe Sidek , Lim Gaik Siang , Loh-Lim Lin Lee , Rebecca WILKINSON , Salma Khoo , Sharom AHMAT , Timothy Tye , Woo Yee Saik , Leslie James , "y.lee" , vannangt , "Alex Koenig (Europe online)" , Salma Khoo , "Lau Pei Ling (PHT)" , Ahmad CHIK , Amy Chung , Chin-Tong Liew , "Dato' Lee Kah Choon" , Ann Lee
Subject: Re: 20, LEBUHRAYA PYKETT ILLEGAL DEMOLITION OF BUILDING

I should add that we are all for sustainable development, but no to illegal and irresponsible development.

On Wed, Jun 8, 2011 at 6:18 PM, b nawawi wrote:

On Wed, Jun 8, 2011 at 6:18 PM, b nawawi wrote:
Puan, YB and CM,

We wish to highlight to your office again that the illegal demolition of the bungalow at 20 Pykett has caused major repercussions in Penang.

The owners of the land were fined a small sum, this amount is less then 1% of the total GDV of the project.

This is a problem as it is not a deterrent to other developers. It is only logical to disregard the implications of demolishing a building without planning permission and be a irresponsible developer. Pay the fine and that is it. The developer will costs all this into their new project, no big deal. Land costs is rising to a level of 400 per sq foot in town, this is making it more and more lucrative for developers to knock down buildings to develop new mega structures. [no difference if Heritage buildings or not]

Now another bungalow on Burmah Road, opposite Convent Pulau Tikus is under threat. a small difference being that this developer is a responsible developer, they have applied for planning permission to demolish the bungalow, waiting for approval from MPPP. http://www.kwongwah.com.my/news/2011/06/04/18.html

What is to stop them from taking it down tomorrow ?? Knock it down and pay a RM6000,00 fine. Precedent has been set by the courts. All the lawyers in town know of this case, they shall advice their clients accordingly. Fair enough, 20 Pykett was not listed as heritage since the ORANGE bungalow is double the fine. Still cheap for a 500million GDV project.

MPPP is also making excuses that they cannot find detail drawings, we have consulted our consultants from Penang and Australia and have been advice that there are other methods available to perform reconstruction on site. MPPP having ordered the owners to unconditionally reconstruct the building, should push for this.

CM it is imperative that action is taken to prevent errant developers from demolishing buildings without planning permission, we note inadequacy in our system, that is why we need to address them.

Our Heritage buildings are not safe !! pay a small fine is not a deterrent.

The oppurtiunity is before the Penang Government and MPPP to stop future illegal demolitions happening, new common law has to be made in courts to protect our heritage buildings. Penang is a UNESCO listed living Heritage city today. This listing has done wonders for Penang.

Thank you for a new Malaysia.

Yours sincerely
Dr. B Nawawi.

The press can you help to publicise this issue.

MPPP needs to revamp their system

I have been working on this application for planning and approval process for this property.

YB CHOW have informed the residents that MPPP is considering the appeal filed by the landowners on the rebuild order of the old bungalow. The rebuild order still stand and is in reference to this application
ref: MPPP/OSC/PM(1090)/10 [the old application]. It is shown in the One Stop Centre (OSC) website as di BATAL. Rightly so because YB CHOW informed us that the application is on hold pending rebuild.

Now the landowner has filed a new application ref: MPPP/OSC/PM(1335)/11 and reduce the number of units to 294 from 315. The OSC website shows that the MPPP is processing this application.

This is a joke right, you get stuck with your application for planning permission and you dont get your way with MPPP, so file a new one.

Taman Desa Ria the evelopers filed 11 applications, each time one is rejected file a new one .

This is an abuse of process.

MPPP boleh !!

email to CM 20 December 2010

From: yan lee <leeyan.c@gmail.com>
Date: Mon, Dec 20, 2010 at 12:49 PM
Subject: 20 Lebuh Raya Pykett, Penang - ILLEGAL DEMOLISH OF BUILDING AND CUTTING OF TREES
To: limguaneng@penang.gov.my
Cc: Commissioner of Buildings YDP MPPP <hiyah@mppp.gov.my>, jeffreychew@penang.gov.my, chowkonyeow@penang.gov.my

MPPP ref: MPPP/OSC/PM(1090)/10

To Our Chief Minister.

Dear sir

I am a resident of Lorong Pykett.

I have had meetings and discussions with some of our neighbours around this development above.

All my neighbours along Jalan Westland, Lorong Pykett and Lebuhraya Pykett.

We are of the view that the illegal demolition of this building is contrary to the rule of natural justice and action needs to be taken against the wrongdoers to prevent this from further happening in Penang.

We are now listed as a Living Heritage city by UNESCO, surely we cant allow developers to do whatever they pleases and they simply disregard the law in place. A rule based system Mr Lim wants for Penang. [Mr Lim informed us of this at the Legal aid centre annual dinner 2010.

Under the Town and Country Planning Act, the maximum fine is RM500,000.00, the GDV of this proposed project is RM380,000,000,000.00 was reported by KLSE. The fine is 0.1316 % of the GDV. A very small percentage indeed.

We note that this was not a Heritage building that was demolished, but there is no difference as MPPP and PHT were in the process to make an inspection in August 2010 and hence the action was taken to demolish the building.

We sincerely and humbly seek your assistance Mr Lim Guan Eng, please right this wrong, this was championed by BN for all developers to profit over the years, we in Penang we are all looking at a new Malaysia, with you leading the way.

We are not against development, but the type of development. Why cant the developers buid bungalows, semi detached houses or terrace houses, all in line with the surrounding houses in Lorong Pykett.

We would greatly appreciate if we can meet with your goodself to voice our concerns.

Thank you for a new Malaysia.

Yan Lee

20pykett