@ green | JANUARY-FEBRUARY , 2023

The residents of Sunrise Garden Condominium had appealed against the Penang High Court ' s decision which had ruled in favour of the developer .

The authorities must ensure the interest of the public always takes precedence over that of developers

The townhall meeting .

BY THE GREEN DUDE

The three-member judiciary panel chaired by the Chief Justice of Malaya , Yang Arif Mohamad Zabidin Mohd Diah upheld the decision by the Appeals Board on Nov 20 , 2015 in dismissing the permission to plan issued by the Penang City Council ( MBPP ) as it was ultra-virus the Town and Country Planning Act 1976 .

On May 29 , 2021 , the developer Sunway

City ( Pulau Pinang ) appealed to the High Court and succeeded in obtaining a revocation of the decision of the Appeals Board .

The residents then took the case to the Federal Court . The two respondents , the developer and the City Council , were ordered to pay costs of RM300,000 to the residents .

During the online proceedings , the panel of judges , in its statement , read by Justice P . Nallini said that it was necessary to take a holistic approach in cases involving real estate development , particularly on hillside and hillslope areas , to ensure environmental sustainability .

Section 22 of the Town and Country Planning Act states that the application for permission to plan – such as development that impacts hill peaks and slopes in areas considered sensitive to the environment – must take into account any form of objections raised by members of the public . She further noted that Section 22 ( 2A ) of the Act also considers that it is not just about local and State governance but one of Federal and national importance .

COURT RULING AN IMPORTANT PRECEDENT

The role of the Federal government in urban and country planning will encourage the coordination between the local government , the State and the Federal authorities which at the same time will ensure balanced development , and in line with shared principles and responsibilities involving the interests of the public which must take precedence over commercial interests in the usage of land for development .

She also pointed out that the High Court had erred in understanding the real objective of the Penang Structural Plan 2020 . It consists of a clear and strict prohibition of the development of hill slopes and hill areas for housing , hotels , resorts , commercial , industrial , and even agricultural activities .

This is also to ensure it meets the objectives of the Structural Plan to rehabilitate and protect the land in hilly areas from further degradation and for ecological and environmental sustainability .

This Federal Court ruling has set an important precedent in the approvals on the planning and management of developments in hill slopes and hilly areas . It is a victory for the public , thanks to the relentless efforts of residents and environmental activists .

Local government authorities must now be more sensitive and alert in issuing approvals and not inadvertently be seen to work for the interests of developers . It must be noted that there is a high demand for housing in hill areas as consumers look to live in a so-called “ back to nature ” environment .

Over in Ampang Selangor , the newly elected Member of Parliament Rodziah Ismail who is also Selangor Housing , Urban Well Being and Entrepreneur Development Committee Chairman , informed residents at a town hall meeting in January 2023 that the State government was considering disclosing a risk mapping study conducted by Universiti Teknologi