KUALA LUMPUR: A resident group had pointed out the flaws of the proposed hilltop development's approval as it was not brought up to the National Physical Planning Council, hence, breaching the law.
According to the Town And Country Planning Act 172, all developments in environmentally sensitive areas (ESA) need to be referred to the NPPC for advice.
However, in PlanMalaysia Selangor's own planning manual it did not state the need to refer developments on hilltop or hill slopes to the council.
The manual was used by the Ampang Jaya Municipal Council (MPAJ) when giving the approval for three projects in Taman Kelab Ukay.
Resident group, Ampang Jaya Deserves Better led by its founder Ariv Chelvam said the published guidelines are only meant to assist and not outwrite the Act - Act 172.
"The Manual Garis Panduan dan Piawaian Perancangan Negeri Selangor – Edisi Keempat, Part AS2-1 Garis Panduan Perancangan Pembangunan di Kawasan Bukit dan Tanah Tinggi which was approved by the state government on July 6, 2022 did not state the need to refer developments on hilltop or hillslope to NPPC, and these are manuals referred to by MPAJ and other state agencies when it comes to development.
"Of course, these guidelines are merely meant to assist and not meant to ultra vires Act 172," he said
He said MPAJ as the sole entity ultimately responsible for issuing planning permissions in Ampang Jaya, has a statutory duty to comply with Act 172, and in this case, the now expired development did not obtain MPFN approval, thus the approval of this development's planning permission by MPAJ was already faulty to begin with.
"MPAJ cannot merely depend on the State Planning Committee's role in ensuring that the development should have been referred to the NPPC but instead should have taken a more proactive approach in ensuring that all laws had been strictly adhered to before even the issuance of the planning permission," he said.
He called upon PlanMalaysia, the Selangor state government and MPAJ to review the published guidelines to ensure that none goes against the Act.
"I call upon the Federal Government, the State Governments and its Local Planning Authority including MPAJ to immediately conduct reforms in town and country planning by first reviewing all of its published guidelines, manuals and procedures in use by government agencies and ensure none of those ultra vires the parent Act – Act 172," he said.
He added that the revelation by MPAJ that the project approval has expired is a relief for residents within the proposed development's vicinity but he questioned why there were no reforms being made even after the Federal Court judgement against Sunway City and Penang Island City Council back in January.
The case had seen the Federal Court scrapping the development of a project as the development affecting hilltops or hill slopes is no longer merely an issue of local state governance, but is also a federal and national issue.
Yesterday, MPAJ president Dr Ani Ahmad had told reporters at a press conference that there was no need to bring the proposed project approval to PlanMalaysia as they had already received approval from the Selangor ESA Development Committee.
On Monday, the New Straits Times reported that a proposed 37-storey high-rise hilltop apartment project in Taman Kelab Ukay, Bukit Antarabangsa, Ampang, has left residents feeling uneasy, fearing potential disasters in the landslide-prone area.
It is understood MPAJ issued a blanket approval to developer Lembah Langat Development Bhd on Dec 23, 2019, to develop three projects in four phases.
MPAJ has since then said the project would not go on as the approval has expired but the developer said otherwise.
