Selangor Appeal Board Issue1 - JPBD Selangor

SELANGOR APPEAL BOARD LAW REPORTS
imposed on density and no development is allowed below ground. On class IV land the
state policy is to prohibit all development except for infrastructure development.
Based on the Government guideline, the layout plan submitted by the developer does not
comply with State’s Policy on slope development. This is evident from the layout plan
where bungalow lots, detention ponds etc have been indicated on class IV land.
WATER FLOW
Another area of concern is the covering up of the streams. During the site visit, visible
flow was observed in two of the streams. One in the northwest boundary of proposed
development site and another stream was observed flowing from northeast of Taman Hijau.
Development in accordance to the layout plan indicated that streams are to be built over.
Further, the whole of the 61.64 acres is likely to be cleared of all the vegetation. With the
vegetation cleared heavy rain can lead to severe flooding especially in Taman Hijau.
CONCLUSION
The main concern of the Appellants is that development of the 61.64 acre site can trigger a
landslide and do damage to their properties and pose a danger to their lives. Slope failure
can occur during the construction stage or after the completion of the project. This concern
is justified because of the following reasons.
i. This site is located in an area that is prone to landslides. There has been several big
and small landslides near this project, the latest occurring in 2008 at Taman Bukit
Mewah where fourteen bungalow houses were destroyed resulting in five fatalities
and injury to many others. The others are:-
a) The Highland Towers landslides on 11 December 1993 where 48 lives were
lost,
b) Jalan Wangsa 1, Bukit Antarabangsa on 15 Mei 1999 although no lives were lost
but damages to property were irreparable,
c) Taman Hillview on 20 November 2002 claimed 8 lives, and
d) Kampung Pasir, Hulu Kelang on 31 Mei 2006 where 4 lives were lost besides
damages to property.
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