Selangor Appeal Board Issue1 - JPBD Selangor

SELANGOR APPEAL BOARD LAW REPORTS
development would jeopardize the stability of the slope and therefore increasing the risk
of landslides and safety of neighbouring residents particularly the lands where the 3
Appellants are residing.
EXCESSIVE EARTHWORKS
The developer claims that the proposed development will not require earth to be exported
out of the site. The earth and rock available within the site will be fully utilized for the
development but about 130, 000 m 3 of earth will be imported to the site as backfilling
material for the retaining walls.
The appellant’s fear is that about 1.53 million cubic meters of earth will have be cut and
about 130,000 cubic meters of earth will have to be imported to achieve a balanced cut and
fill situation of the site. This poses a danger to their properties which are at a lower level
than the site. The danger which the Appellants fear is real judging by the past precedents
of landslides and avalanches, flying rocks and debris, pollution etc.
HEIGHT OF RETAINING WALL
Existing terrain on the commercial area is relatively flat and stable. The residential area
however is located on a higher ground towards the northeast portion of the site nearest the
peak with slope falling towards Taman Hijau Apartments.
The developer’s stand is that though the stability of the slope at the boundary of the
development and Taman Hijau Apartments is relatively steep and may be prone to landslide
their engineers have proposed to cut or lower the slope at the boundary to the proposed
platform level of the site. This would give the slope a much greater slope stability. If the
residents do not agree lowering down the slope at the boundary a retaining wall will be
proposed. The height of the wall will be about 31.5 meters and a second 7 meters height
wall 15 meters away from the first wall will have to be built to make the slope secure.
The Appellant’s response to this is that the retaining wall to be built next to Taman Hijau
Apartments is likely to be 34.5 meter in height and not 31.5 meters as claimed by the
developer. The actual height of the wall is 41.5 meters if the second wall which is 15 meter
away from the first is taken as part of the first wall. Such high wall has never been built
before in this country and there is no known local experience with knowledge of building
such high walls in the country. The danger of the wall collapsing and landslide taking place
is real if not properly maintained. Furthermore most of the technical departments to whom
this plan was referred to concur that it is not desirable to have such high walls.
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