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The Star Metro Saturday December 20, 2008

By BAVANI M

DISAPPOINTMENT, that pretty much sums up the feelings of members of the Coalition to Save Kuala Lumpur (CSKL) when they turned up at the public hearing on the draft Kuala Lumpur City Plan 2020 (DKLCP2020) at the Kuala Lumpur City Hall (DBKL) yesterday.

The members were told they would not be able to object to the plan’s legal status.

Tan Sri Abdul Aziz Abdul Rahman, who is the coalition chairman, said he was disappointed with the public opinion hearing committee (POHC), when they were told that the panel had not received any feedback with regards to the legal issues from the DBKL’s legal team. Hence the Coalition would not be able to object to that aspect of it.

“We have been disappointed for a very long time.

“How can we proceed with our objections without addressing the core issue, which is the legality of the plan itself? Obviously the panel does not have the authority to decide as they are only making recommendations.” Abdul Aziz said.

The coalition’s legal adviser, Derek Fernandez, said it would be impossible to argue planning and technical matters when the fundamental point of the plan – which is its legal status – is not addressed first.

“Because our ability to argue depends on which are the applicable laws that have been applied and the planning framework that is required.

“If they (POHC) don’t know this then they should not be having a hearing in the first place.”

Derek said the coalition had made it clear five months ago that there were fundamental flaws to the draft plan such as density and zoning.

“The draft plan is illegal and in violation of the National Physical Plan, Town and Country Planning Act (Amendment) Act 2001. The plan failed to comply with Section 12A of the act because no proper consultation was conducted with the public.

“We are disappointed that at this stage of the game, these basic contentions have not been resolved.

“We will have difficulty arguing many issues – we are hoping that they will make a favourable ruling as to the laws – because we are legally correct.

“Even after six months you still can’t determine these, then why bother having a hearing in the first place.

“If they concede that these issues are correct then they must redo everything, start with a fresh plan otherwise it is impossible to move on,” Derek said.

“The NPP is a cabinet directive and agreed by the Prime Minister. If they can’t follow the Prime Minister’s directive, do you think they are going to follow ours,” Aziz asked.

Pantai Panoramic Gasing Heights resident Dr Teo Keng Huat, who was present at the hearing, said he felt that he was taking a step back.

“How can they not know about the laws and regulations. I did not expect them to be so irresponsible – it’s like going back to square one,” Teo said.

Datuk Pang Leong Hoon from Bukit Damansara said: “We came here to solve the legal issues, only then we can move on to the objections proper. Otherwise there is no point in going on.”

POHC chairman Datin Paduka Dr Halimaton Saadiah Hashim said she had not received information on the legal aspects of the draft plan from the DBKL.

“If it is decided that the draft plan is null and void then we can touch on its legal status.

“If the plan is valid then the case must be considered differently – but we certainly cannot solve it today otherwise we will be stuck in a deadlock,” she said.

Halimaton urged residents to go ahead and put forward their objections as to planning matters of which the Coalition refused.

“We are hoping for a favourable ruling in respect to the laws otherwise we may have to take the matter up to the courts,” said Derek

http://thestar.com.my/metro/story.asp?file=/2008/12/20/central/2856494&sec=central

Noel Achariam, NST Streets, Friday, 25 July 2008

 

SHAH ALAM: Scrap it, say 10 of Kuala Lumpur’s 11 members of parliament of the KL City Draft Plan.

 

The MPs decided at a meeting on Wednesday to campaign for the plan to be withdrawn and a new plan drawn up that takes in the public’s interests.
They plan to start a road show to explain to constituents the flaws in the plan, and to bring their objections to the prime minister.

The 10 MPs, of Pakatan Rakyat, said they would collect signatures from those who are against the plan.

The MPs have also decided to send an objection letter to the prime minister and the Federal Territories minister.

The decision was made at a closed door meeting on Wednesday at the Shah Alam residence of Tan Sri Khalid Ibrahim, the Bandar Tun Razak MP who is also the Selangor Menteri Besar. Members of Coalition to Save Kuala Lumpur (CSKL) also attended the meeting.

Segambut MP Lim Lip Eng did not attend, and neither did Datuk Seri Zulhasnan Rafique, the MP for Setiawangsa, who is Federal Territories Minister.

Bukit Bintang MP Fong Kui Lun said the MPs had agreed to collectively write a letter stating their objections to the draft plan.

CSKL has explained in detail the draft plan, which is in serious violation of the National Physical Plan (NPP). I believe that we have to move fast as the objection deadline (Aug 31) is just around the corner,” he said.

Kepong MP Tan Seng Giaw said: “We are looking at various things that were discussed at the meeting and we have all agreed that the plan does not conform with the NPP.”

He said the MPs are now questioning the legality of the draft plan.

“Currently there are 1.6 million people living in Kuala Lumpur and according to the draft plan, it will be increased to 2.2 million by 2020. This shows that the plan is not binding to the NPP.

“They are supposed to lower the density, instead they are increasing it. This simply shows that the draft plan does not conform with the NPP.

“How are we going to make Kuala Lumpur a world class city if there are such discrepancies in the plan?” he asked.

“What authority have they got? How can they approve the draft plan without consulting the people?”

Tan stressed that City Hall must answer all the questions and objections raised.

He added that the MPs are going to step up their campaign and go to the grassroots to explain to the people.

“We will also go through the proper channels to have discussions with City Hall and the prime minister and then we will decide on the next step to take,” he said.

Cheras MP Tan Kok Wai said that the MPs are serious in seeking a meeting with the prime minister to present a letter of objection on the draft Plan.

“We are opposing the draft plan due to several reasons. Firstly, the plan has failed to comply with the legal requirements, including the Town and Country Planning Act 1982. And we will also bring up the issue of the Draft Plan Volume 3, which is still not available to the public,” he said.

“The prime minister might not be in the know of the flaws in the draft plan. We will be stating all our reasons in our letter to him,” he said.

CSKL chairman Tan Sri Abdul Aziz Abdul Rahman said: “We were called in to brief the MPs and the Selangor Menteri Besar on the flaws of the draft plan. We have explained in detail all the issues and legal aspect of the plan.”

CSKL is a coalition of 32 residents’ associations, non-governmental organisations and other concerned parties.

 

http://www.nst.com.my/Current_News/Streets/Friday/Stories/2302184/Article/index_html

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