Selangor Appeal Board Issue1 - JPBD Selangor

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VOLUME 1, ISSUE 1 [SABLR/1/1/2011, MAC] ALASAN PERINTAH This Is An Appeal Against The Planning Permission In Respect Of Proposed Development Of 149 Bungalow Units And 460 Units Of Shops/Offices In A 10 Storey Building With 5 Storey Of Car Park On Lots 1680 & 1681 (PT 14250 HS(D) 24220) And Lots 530 & 531 (PT 14251 HS(M) 10339) Jalan Hulu Kelang, Mukim Hulu Kelang, Daerah Gombak, Selangor Darul Ehsan Granted By Majlis Perbandaran Ampang Jaya In Favour Of Malaysian Assurance Alliance Bhd (MAA) BRIEF BACKGROUND OF THE DEVELOPMENT The original status of the 61.64 acres of the land was agriculture. Sometime in 1992 the original landowners converted the land from agriculture to building land. The State Government which was the approving authority at that time imposed the following condition on the title. “ Tanah ini hendaklah digunakan bagi pembinaan bangunan-bangunan mengikut pelan pertapakan yang diperakukan oleh Pengarah Jabatan Perancangan Bandar dan Desa Negeri Selangor Darul Ehsan’’. To fulfill this requirement the land owner submitted a layout plan to the Jabatan Perancangan Bandar dan Desa, Selangor for the necessary approval by the authority in 1996. Since then the ownership of the land has changed hands and the plan has been revised four times. The latest being in 2007 by the present Intervener. SITE INFORMATION 1. The proposed development is on 4 lots which have been amalgamated and redefined in brackets: Lot 1680 and Lot 1681 (PT 1420 HS(D) 24220) and Lot 530 and Lot 531 (PT 14251 HS(M) 10339) Mukim Hulu Kelang Daerah Gombak, Selangor. 2. This site is located adjacent to Taman Tun Razak with MRR2 to the west of the site. The developer Intervener’s proposal is to develop the 61.64 acres site for 149 units of bungalow and ten storey commercial block. Access to the site is by MRR2 and from Jalan 11 which is connected to Jalan 1 near the Menara Mutiara Apartments. 3. The site is situated on a higher ground than the existing neighbouring properties. At the boundary of Hijau Apartments the height difference is about 150 meters and the slope relatively steep. 38
SELANGOR APPEAL BOARD LAW REPORTS 4. This site is currently covered by a mixture of vegetations and rubber trees. There are at least 3 streams running through the site. 4.99% of the site is class I slope, 47.45 % class II, 39.35% class III and 8.21% class IV slope. 5. The neighbouring land owners are Blumenthal Realty Sdn. Bhd, proprietors of Units A 44, A 47, and B 234 of Menara Mutiara Apartments of address Jalan II, Taman Tun Abdul Razak, 68000 Ampang Selangor neighbour and adjoining Lot 1681, Dato Abdul Aziz b. Ibrahim owner of bungalow house No.52 Taman Hijau, Ampang neighbour and adjoining Lot 531 and Tan Gim Eng, proprietor of one unit apartment of Pangsapuri Taman Hijau neighbour and adjoining Lot 531 also. GROUNDS OF OBJECTION The neighbouring landowners dissatisfied by decision of the Majlis Perbandaran Ampang Jaya (MPAJ) the Respondent in approving a housing scheme next to their property appealed to the Appeal Board under section 36 of the Town and Country Planning Act. The principal grounds of their objections can be listed as follows:- 1. Danger of landslide and avalanche which will entail loss of life and property due to: a) Development on steep gradient of land in contravention of Guidelines b) Excessive earthworks c) Height of retaining wall d) Rock Blasting e) Inadequate accesses to the site f) Covering up of stream 2. There are several other grounds of objections mentioned by the appellant though important are not critical. They can be summarized as follows: a) Lack of open space b) Inadequate detention ponds c) Damage to the fauna and flora and preservation of trees d) Etc LOCUS STANDI One of the preliminary objections raised by the developers Intervener is that the appellants have no locus standi to object to this development. It is my view the appellant’s are owners of the land adjoining and neighbouring the project. 39
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Selangor Appeal Board Issue1 - JPBD Selangor

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