Monday, March 26, 2012

At the expense of our HERITAGE ?? - Need to ensure smooth project flows in Penang

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Need to ensure smooth project flows in Penang

Published: 2012/03/26
AS DEVELOPMENT issues continue to take centre stage in Penang and concerns rise over how fast and furious the face of the island state appears to change, a noticeable gap among some stakeholders has become apparent.


In one corner, stands certain public-interest groups who claim that public consultation is wanting where mega projects are presented by the state authorities. 

In the other corner are corporate players - made up mainly of property and infrastructure developers - who have been making a bee-line for a piece of the action in Penang.

Right smack in the middle are the local authorities which, in recent times, have ended up as the punching bag for the public when a heritage building is torn down, or a major project has been approved with what seemingly involves a minimum or lack of public feedback and consultation.

The local council has also been accused more than once, of placing the interest of businessmen ahead of ratepayers' when approving projects.


Property developers have repeatedly found themselves dragged into controversy for supposedly displaying scant respect for heritage structures or disregarding the environment when carrying out a project.

Despite obtaining necessary approvals to tear down sometimes very valuable heritage properties to make way for their project, these companies find themselves incurring the wrath of heritage activists and angry public.

These situations sometimes end up causing endless delays to a project as developers and public interest groups come head-on, and the absence of an effective "referee" - most often state authorities - only ends up in making things worse, instead of being resolved.

When Penang-based property developer Hunza Properties Bhd paid a premium to purchase a piece of land fronting Gurney Drive in Pulau Tikus, the company found itself in a face-off with the Penang Heritage Trust (PHT) which feared for the safety of the historic St Joseph's Noviative, which is located on the land which Hunza had bought.

Hunza kept to its word that it would not destroy the building and proceeded to spend millions in hiring a conservation expert and going to great lengths to ensure that the two-storey building, which also served as home to international school Uplands, stands proud and returned to its somewhat original, albeit "glossy" look.

In recent times, other developers such as Mah Sing Group Bhd have come under scrutiny for reportedly demolishing a colonial-era bungalow in George Town illegally, prior to getting approval from the local council to do so and make way for a high-end project in the area.

The local council took the matter to court after a public outcry and the company was fined RM6,000 by the George Town magistrate's court for demolishing without a permit.

A common thread which appears to be seen when property developers are made into "villains" by the public, is when projects which they consider to be of public interest are "messed" with.

What often begs the question when these issues get the attention of the media and public at large, is whether public interest groups take the trouble to learn more about companies and what their plans are for projects. Since most of these companies are public listed and subject to public disclosure, a lot of information can be gleaned from simply checking their announcements to Bursa Malaysia. 

By getting a "heads-up" of these plans, groups will have more time to express any reservations about projects and not wait till development and building plans are approved, before starting to make noise and sometimes, unreasonable demands.

Meanwhile, developers and firms involved in projects which are to affect the public should engage stakeholders like non-governmental organisations so that both parties can better understand each other before launching into any "attacks".

In ensuring that sustainable development takes priority over other factors, the Penang municipal council can see to it that adequate representation from NGOs can be seen in its Technical Review Panel. The review panel is currently said to be represented more by businessmen than public interest groups.

By doing so, many issues and concerns can be addressed and resolved (if needed) at the onset of a proposed project, instead of having numerous disruptions take centre stage and end up only as time and money-wasters.


Read more: Need to ensure smooth project flows in Penanghttp://www.btimes.com.my/Current_News/BTIMES/articles/MONVIEW26/Article/#ixzz1qB5CgbWX

Tuesday, March 6, 2012

Hill slope development allowed, judicial review

Court of Appeal rules against Bukit Gasing residents

March 06, 2012

PUTRAJAYA, March 6 — The Court of Appeal here in a majority decision ruled against 108 Bukit Gasing residents' legal action to stop a hill slope project adjacent to their Petaling Jaya neighbourhood, today.

The court was in agreement with a High Court's dismissal of their judicial review application to challenge the issuance of a development order by the Kuala Lumpur mayor, according to Bernama Online.

Court of Appeal judge Datuk Zaharah Ibrahim delivered a 2-1 majority verdict. Justice Datuk Ramly Ali concurred with her while Justice Datuk Jeffrey Tan Kok Wha dissented.

In her decision, she disagreed with the residents' submission through their lawyer R. Sivarasa, that the amended Town and Country Planning Act 1976 which stipulated residents should have a right to a public objection hearing extended to the Federal Territory.

She said the Federal Territory (Planning) Act 1982 was more applicable to areas falling under the Federal Territory. In this act, a public hearing is possible only if the land is used for other purposes or the proposed move leads to the increase in population density.

Justice Tan in his dissenting decision said Kuala Lumpur City Hall failed procedurally by disallowing the residents a public hearing before issuing the developed order, which falls under the Town and Country Planning Act.

The residents filed the application in 2008 for a judicial review at the Kuala Lumpur High Court to block the Kuala Lumpur mayor's development order for a 15.52ha site in Bukit Gasing — to complete the Sanctuary Ridge Kuala Lumpur City project.

The October 2, 2007 order was issued to Gasing Meridian Sdn Bhd (GMSB) to execute earth works and subdividing the area, before building 70 luxury units. GMSB claims the land was private and not been gazetted as a green lung or natural forest.

The residents claimed in the judicial review application that the mayor had failed to factor them under Common Law and therefore give them due notice and an opportunity to affect the decision-making process.

The High Court rejected their application on September 6, 2010, forcing the residents to raise the matter up to the Court of Appeal.

Bukit Gasing Joint Action Committee member Mohamed Kamar Mohamed said the residents were disappointed.

The residents he said have to meet and decide if they want to appeal their case up to the Federal Court.