Ampang Jaya NGO calls for reforms to development guidelines

StarMetro article on Aug 30.

THE move by Ampang Jaya Municipal Council (MPAJ) to halt planning permission for a housing development on the hillslopes of Taman Kelab Ukay is a massive relief for people living there, say non-governmental organisations.

Ampang Jaya Deserves Better founder Ariv Chelvam said they welcomed the decision by the local council.

“However, it begs the question whether any reforms have been made to state development guidelines, including how similar developments like these are processed within MPAJ,” he said.

ALSO READ: Hillslope project in Taman Kelab Ukay stalled for now

Residents previously protested against the proposed project next to Ukay Club Villas. The project covers four phases and involves building townhouses, apartment blocks and multi-storey carparks.

Ariv said MPAJ, as the sole entity ultimately responsible for issuing planning permission in Ampang Jaya, had a statutory duty to comply with Act 172 of the Town and Country Planning Act 1976.

He said based on statements he received from the Town and Country Planning Department (PlanMalaysia) on Aug 29, the development did not obtain approval from the National Physical Planning Council (NPPC).

“The process by which the planning permission approval had been given was already faulty to begin with.

Ariv says residents welcome the decision by MPAJ to halt planning permission for the project.

“MPAJ should have taken it upon themselves to refer the development to the NPPC and not just depend on the State Planning Committee to do this,” he said.

A letter from PlanMalaysia shared with StarMetro on Aug 29 stated that the results of their review and investigation found that the Taman Kelab Ukay proposed development was located on land with 66% Classes I and II slopes, and 44% Classes III and IV slopes.

(Class I is for slopes of less than 15 degrees; Class II between 15 and 25 degrees; Class III (25 to 35 degrees); and Class IV where slopes are more than 35 degrees.)

PlanMalaysia said according to Act 172, this application was subject to the need to obtain advice from NPPC under Section 22(2A)(c) which covers “a development involving the top or slope of a hill in an area designated as a sensitive environmental area”.

Ariv urged the Federal and state governments as well as local planning authority to 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 they comply with Act 172.

Meanwhile, SlopeWatch programme director Eriko Motoyama said the residents were the ones to bear the brunt of development on precarious hillslopes.

“Our standpoint is always slope safety. Before any building takes place, the slope needs to be secure. Can slopes with Classes III and IV accommodate the buildings?

“In the past, when there was mediation with the residents, there was a positive impact and people felt better.

“Developers should not shy away from letting residents know of the risks involved, and the developer must ensure no landslips occur before, during and after construction,” she said.

On Aug 29, MPAJ president Dr Ani Ahmad announced that the project had been stopped as the planning permission issued to develop the area expired on Oct 13 last year.

She said if the developer wanted to proceed with the project, it would need to re-apply for planning permission, to allow all aspects of development in the hilly area to be studied.