PEARL LEE, MalayMail, Wednesday, April 16 2008
CITY Hall is either ignorant or they are lying!
So said lawyer Derek Fernandez who is representing some 100 Bukit Gasing residents protesting against the hillside development of the Sanctuary Ridge Kuala Lumpur City project involving the construction of 71 bungalow lots on Bukit Gasing.
Fernandez was commenting on the statement made by Deputy Federal Territories Minister Datuk M. Saravanan who, on Monday, had said that City Hall had never issued a development order (DO) for the project but had only approved its planning.
Fernandez said that a development order is needed before any planning permission can be granted.
“The meaning of ‘planning per mission’ according to Section 2 of the Federal Territory (Planning) Act 1982 is permission granted with or without a condition in a development order to carry out any development specified in such order.
“So how can there be a planning approval granted by City Hall without a DO?” Derek questioned.
“If this is what is claimed by City Hall, then they have acted ultra vires for granting planning approvals without the existence of a DO.”
The granting of a planning approval, he said, meant that they had already granted a DO prior to granting the approval of a Building Plan Approval, dated Oct 2, 2007 and Hoarding Work Approv al, dated Nov 16, 2007.
However, Derek said that a DO must be granted when there are ongoing developments on a particular piece of land and not only when a building is going to be erected.
According to Section 2 of the Federal Territory (Planning) Act 1982, ‘development’ is defined as the carrying out of any building, engineering, industrial, or other similar operations in, on, over or under land and includes any change in the use of any land or building or any part thereof or the subdivision or amalgamation of lands.
In addition, Derek said that in any one development project, only one DO stating all the conditions of the development should be issued.
“There is no such thing as is suing one DO for the current on going work carried out on a piece of land and later issuing another DO for the building.”
Saravanan, when contacted, said that the DO which he was referring to in his statement to the Press on Monday was the ‘structure or building’ DO, which he says has not been granted by City Hall.
Saravanan said that it was his understanding that the issue being referred to was the building DO when he was interviewed by reporters on Monday at the development area in Bukit Gasing.
It was reported in The Malay Mail yesterday that Saravanan had said that “City Hall never issued a DO for this development but only approved its planning. As such, only fencing work and no physical development has been carried out by the developer.”
Saravanan informed The Malay Mail that the issue concerned two type of approvals i.e a layout approval which is a subdivision of land which had been granted by the Selangor government to the developer, Gasing Meridien Sdn Bhd, in 1976 and, secondly, a development order for the structure to build housing schemes.
When pressed further for comments, Saravanan said that he will discuss the matter with the relevant parties and would get back to The Malay Mail