Austral Park residents in KK want transparency over rezoning of open spaces

KOTA KINABALU: Government plans to develop a prime piece of land for commercial use are being disputed by nearby residents who are claiming the land was rezoned without public consultation.

The residents of Austral Park in Kepayan Ridge, which is close to the city, now want all works on the land, an open space, to cease while investigations were carried out.

They said the latest zoning extraction revealed that even lands which were supposed to be set aside as open space for the Kepayan Ridge Development Scheme had been converted without any notice or public consultation.

ALSO READ: Kepayan residents in Austral Park urge developers to stop land-grabbing

“The recent discovery by the residents that even the open spaces have now all been rezoned is alarming and requires serious investigation by the authorities concerned,” they said in a statement Wednesday (Dec 6).

“There have been many proven cases across the nation involving land grabbing and no one in the nation is above the law, as proven by various judgments made in recent years.

“In view of various legal cases reported across the nation highlighting various court decisions to stop the conversion and attempted development of open spaces, and sports and recreational spaces, the residents appeal to the authorities to stop and cease all further work pending a detailed and transparent investigation into the conversions of all the open spaces and sports and recreational reserves surrounding Kepayan Ridge,” they added.

They issued the call after a statement issued by Housing and Town Development Authority (LPPB) general manager Rosemary Ahping last month over the said land.

Rosemary said the land, held under Country Lease CL 015628289, at Kepayan Ridge, belonged to LPPB and was being developed by the authority and a developer.

ALSO READ: Austral Park residents concerned over ‘disruptive’ development nearby

She added that the development was pursuant to a joint venture agreement, which has been opposed by area residents, made on the basis that the said land was “not an open space nor a sport and recreation reserve”.

“The said area has always been zoned as ‘commercial’,” she said in the Nov 27 statement.

She added the said area which was registered on Dec 30, 2010, under LPPB’s name and under the special term in the document of title has always been for the construction of commercial buildings.

Rosemary reiterated that the said area was never meant for Austral Park residents and the idea that there would be a “recreational centre and facilities” was due to a proposal by the Sabah Football Association (Safa) which had intended to construct a building there but decided against it later.

“Safa’s proposal (recreational centre and facilities) was only for use by Safa and not the residents of Austral Park,” she said.

The residents, however, said they were puzzled by Rosemary’s contention that the said land, measuring 2.42ha (six acres), had always been meant for commercial use.

They said the master plan dated March 9, 1995, for the said land seemed to suggest otherwise, that it was for sport and recreation usage and purposes.

Furthermore, they added, the Development Plan annexed to the Sale and Purchase Agreement of Austral Park showed that the said land was for sport and recreation purposes.

“As far as we are concerned, the conversion of the land use was done without a gazette.

“Hence, the residents are of strong stance that the said land was wrongfully converted to commercial use.

“We strongly deny this statement as various meetings and correspondence with Kota Kinabalu City Hall (DBKK) have concluded that the zoning of the said land was in fact (for) ‘sports and recreation’.

“It was only in 2019 that it was rezoned to commercial mixed-use, again without public gazette,” they said.

As such, the residents are urging the relevant authorities and political influences to thoroughly investigate the issue and consider it as a matter of public interest.