Tuesday, January 29, 2008

Happy Year of the Rat!

Dear TBRA members and supporters,
Happy New Year to you all. Both for the year that started on 1 January and for the one that will start on 7 February: Gong Xi Fa Cai !

In some way this is a summary report of the second half of 2007 – we do hope that 2008 will be a better year. TBRA has made a difference, not enough… but with your help we will build up more steam and use the experience gained to do more this year and do it better.

First the good news, then one piece of bad news and finally a report on TBRA’s Forum.

1. PSC throws out fishy deal. The Penang Swimming Club, on 13 January, said NO to a Committee proposal that the Club exchange a piece of land on the hillside for a promised reclamation of 1.5 acres on the seafront. It was a resounding NO, with some 95% of the members present outvoting the Committee. The Excel Crescent company (the same people responsible for Tanjong Bunga’s “Sore Thumb” reclamation) had offered PSC to reclaim a large piece of land from the sea and transfer it with a freehold title in exchange for PSC’s Lot 417 across the street between Diamond Villa and the Pearl View condos. Excel Crescent wants to build a 28-storey towerblock on Lot 418 and needs 417 to gain access to the main road. TBRA is glad that PSC members had enough sense to refuse that dubious proposal.

2. Objections to development on Lot 418. This condo project on the steep hillside across from PSC was hotly debated on 6 December when residents (many TBRA members) handed over a memorandum to the Chief Ministers’ office. Even though the actual MPPP hearing was postponed, the press happily reported on the objections by Malaysia Second Home owners in the neighbouring condos. They protested against the haphazard way City Council has been approving highrises in Tanjong Bunga, making the beautiful coastline into a wall of ugly concrete blocks. Also, adding another access road from Lot 417 is considered a huge traffic hazard.

3. Council says NO to Jalan Oldham development by BSG. Another high rise development in an all low-rise residential neighbourhood (BSG’s planned First Avenue condo between Sungai Kelian and Jalan Tanjong Bunga) was refused permission to raise its tower block from 25 to 41 storeys. Approval for 25 storeys was given in 2002, but last year BSG proposed a massive increase in height. Residents objected in two separate hearings and are relieved that the council seems to have taken notice. Thank you MPPP !. Should there be an appeal, TBRA hopes you remain steadfast.

4. PGCC developer is asked to scale down. The outrageous mega project at the turf club has suffered its first setback thanks to massive public protest. Chief Minister Koh Tsu Koon, said his office received 2,500 postcards, letters and e-mails protesting the project and has now asked the developer to revise the plans (see attached article). Many believe this to be an election gimmick and the PGCC Campaign group will keep up the pressure, asking for a local plan to be adopted before approving anything. Ideally, the area should remain a green lung for recreational activities: a public park. (Many thanks to all who have sent in postcards and join those who are sporting car stickers “NO to PGCC”. The stickers are available @ RM1 from PHT, CAP and TBRA and other NGO’s.)

One piece of bad news: The Solok Tan Jit Sing project (on a steep hillside, directly below the Pearl Hill townhouses on stilts) has apparently been approved.

Transparency in Local Governance

The Tanjong Bunga Residents’ Association (TBRA) spearheaded a Public Forum on Transparency in Local Governance on 2 Dec 2007. Together with other NGOs in Penang , it invited other residents’ associations to campaign for greater accountability and more effective citizens’ participation.

Keynote speaker, lawyer Derek Fernandez said “Too much damage has been done in Penang , but we can still save it if there is a concerted effort to stop the rot”. Lim Hooi Siang, chairman of TBRA said in his welcome address that “If all residents’ associations speak with one voice, that voice will be louder and may be more effective than all the letters to the Chief Minister and the MPPP we have written. This Forum could be the beginning of a change to reinstate local democracy. If the rakyat can elect their local representatives freely and fairly, the local authorities will have to become more accountable and responsive.”

Derek Fernandez shared a video about the human impact of the 12/11 Highland Towers disaster. It was completely avoidable, he said. It should never have happened. We must learn from it and prevent another hillside collapse elsewhere. He illustrated his speech with slides on accountability. “There is a dire and immediate need for residents to organize themselves in an effective manner with Resident Associations of different areas finding common ground and co-operating so as to protect their common values in relation to their quality of life and the use of the environment because ultimately the failure to do so will cause everyone to suffer. Residents must be vigilant and vigorously protect their rights and demand a transparency and accountability in the development process. They are entitled to demand that those in public office who break the law, circumvent the law and abuse their power be removed from office and face the consequences as provided for by the law.”

He showed examples of economic and ecological damage done because local councils were not vigilant or were listening to developers rather than to their conscience. For example, privatisation of loss-making businesses makes sense but privatising essential services that are doing well is a scandal. Penang is lucky, he said, it has the best water in the country at the cheapest rates. But its waterfront is going to the dogs; it is fast becoming a concrete jungle.

Syed Jaafar of the Residents Association of Bayan Baru agreed: “When I go to Tanjong Bunga, I want to see the beach. Most countries have a beach-road-hotel sequence but no more in Penang , buildings are now hiding the beaches.” He began his association 25 years ago when there was severe flooding and no action. We threatened to sue the government, he said, and that seemed to work. “Don’t act in isolation, get together, galvanise the experience and advice from within the community, there is more expertise than you think”.

Edward Lee of the very active Petaling Jaya RA, gave some practical advice: go from house to house, get organised, know your facts, be professional, get the lawyers, the engineers, the accountants and the housewives from your town together and work for the common goal. It takes time and effort but it can be done. Lee Laine, vice-chair of TBRA, joined in and related how she joined the association because she was angry about the haphazard development in her area. Seeing the Cove’s “four sore fingers” going up at 41 storeys each, right by the beach, made me angry again, she said. “There is no local plan, developers are having a field day, residents deserve to know what is allowed and where the lines must be drawn.” Ahmad Chik of the Penang Hill association and moderator of the panel, joined in by reminding the public that the massive projects for Penang Hill had been defeated by joint action and that it could be done again.

Questions from the floor concerned the same lack of planning. How could one shopping mall after another be approved in an indiscriminate manner? Each one had its brief heyday and then collapsed because a new and bigger one competed. Edward Lee said that there is a Town Planning Act but it is not put in practice: the highest bidder gets the green light. Derek Fernandez responded by stating that market driven ad-hoc planning is the worst form of planning – flavour of the month approach. In PJ, a stop has been put to that, there are zones now; zoning looks at how developments will affect surrounding properties, at what impact buildings will have on traffic, on infrastructure and residents know what to expect.

Another complaint came from a condo owner whose view became blocked by another high rise building in front. When she purchased the condo, she was told that only six storeys were allowed on the land below and now there is a 39-storey monster! The fines for exceeding the height are too small. Derek replied that zoning and enforcement of the zoning plan would help but that the “buyer beware” principle also applies. Buyers should not believe all the beautiful plans and talks of the developer but do a serious check into the ownership of the surrounding lots. “Many developers and buyers are selfish, they don’t care about the people behind their development”.

“Local government is powerful - it can make decisions for the interest of the community. And if they don’t, they should be booted out. Tanjong Bunga is lucky, your Assembly man is elected. Get his votes counted and tell him what you think of his performance…” Persuade people not to buy offending condo’s; even foreigners can be scared into not investing. If the press is censored, use the Internet, use blogsites, ask for legal hearings, warn against hill slides, traffic jams, infrastructure problems.

The seven Residents’ Associations present agreed to adopt the “Penang Charter”* as a working document in a new endeavour to work together toward greater transparency and accountability.

Wednesday, January 16, 2008

SCRUTINISE YOUR DRAFT LOCAL PLAN

This article is reproduced with kind permission from Derek John Fernandez, a legal expert on town planning law in Malaysia.

Monday, 07 January 2008 07:04am
Residents lament loss of open space

ON Nov 28, notices appeared in several newspapers informing the public that
draft local plans for parts of Petaling Jaya and Subang Jaya were available
for comment and objection. The plans cover almost all of Subang Jaya; and
Sections 13; SS2-SS9, SS11, SS20-SS26; Section 18, PJS1, PJS6, PJS9, PJS 10
& SS10 and PJU6-PJU9 (Kota Damansara, Bandar Utama, Mutiara Damansara, etc).
These small advertisements have serious implications on the quality of life
of residents in the affected areas and it is worth taking time and effort to
understand their message to exercise your rights.

The Subang Jaya Municipal Council and the Petaling Jaya City Council have
extended the original Dec 28 deadline for public objections and comments to
Jan 28 after requests by various residents associations (RAs).
The public notice of these draft plans is in accordance with the Town &
Country Planning Act 1976 (TCPA), and represents the government's commitment
to public participation in the planning process and partnership with the
people for sustainable development as contained in Local Agenda 21 and the
Rio Summit on sustainable development.

These draft plans are long overdue and unsustainable development flourished
as a result of a lack of a local plan. Thus, this is the best and biggest
opportunity for the public to prevent unsustainable development and a
deterioration of their quality of life and value of property.

The older areas of Petaling Jaya (Sections 1-14) had enjoyed a relatively
good level of planning by virtue of Rancangan Tempatan Petaling Jaya 1 (RTPJ
1) which came into force on March 13, 2003. During the objection period,
more than 10,000 residents represented by associations and their legal
advisers made substantial representations and objections to the original
draft which was accepted by the authorities. The result is the RTPJ 1 has
strict density control and promotion of sustainable development.
In contrast, Kuala Lumpur does not have a local plan (although one is in the
pipeline) and this has resulted in increasing conflicts between residents
and City Hall. Without a local plan, ad hoc development and the corruption
associated with it thrives.

A local plan is a detailed map and written statement which contains the
proposal for the use and development of land in an area. It covers issues
such as open spaces, densities, intensity of development; environment,
infrastructure and many other matters vital to sustainable development at a
macro level in a way that will directly affect land owners.
These plans are actually prepared to implement macro planning policies set
out in the National Physical Plan, the State Structure Plan and the Regional
Plan (called development plans) all of which have been prepared under the
Town and Country Planning Act (TCPA).

Consider these laws:
» Section 18 of the TCPA prohibits any land use or erection of a building
which is inconsistent with the local plans. Thus, even if land use under the
National Land Code allows a piece of land to be used for commercial purposes
but where the Local Plan zones it as a playground, it can be used for only a
playground. If it was privately-owned, the TCPA provides for land
acquisition to implement the Local Plan.
» Section 19 of the Act prohibits any development without planning approval,
which can be given only if consistent with the Local Plan. In the event of
inconsistency, the Local Plan overrides any building bylaws.
In voicing views and objections, the following points should be considered:
» Purchase the plan (RM100) and read it carefully.
» Pool resources with your RAs and get experts to explain how the plan
affects you and to incorporate your proposals. » Get access to the Selangor
Structure Plan; the National Physical Plan and the Structure Plan for
Petaling Jaya and Parts of Klang.
» Comments and objections must be in writing and request for a hearing to
elaborate on them further.
» Send objections collectively as it carries more weight. Ideally a master
objection document can be drawn up and submitted on behalf of many.
» 'The Devil is in the detail'. Check that the plan is sufficiently detailed
to address your issues with little ambiguity.
» Challenge population assumptions, statistics and projections if they are
unreasonable. If the figures and statistics are wrong, the whole planning
will be wrong.
» Ensure the plan specifies the maximum density for an area, height and
aesthetic control of buildings, plot ratios, setbacks,
road widths and parking spaces, and open spaces (not less than 2ha for 1,000
people).
There must be suitable buffers and open spaces between commercial and
residential areas.
» Ensure air and water quality standards and all federal guidelines on
environment and hillslope development are clearly stated and adopted in the
plan.

Remember, once passed and gazetted the Local Plan becomes law. It will be a
great loss if residents do not use this golden opportunity to determine what
they want in their neighbourhood.

The cover of the Petaling Jaya Draft Local Plan sums this up: "Petaling Jaya
Bandaraya Bestari Milik Semua".

Monday, January 14, 2008

WHITHER OUR DRAFT LOCAL PLAN?

For the past over 20 years or so, Penang has been developing without a local plan (except for Penang Hill which has a local plan gazetted in 1995, after the Save Penang Hill Campaign).

This regretable situation of "development without planning" has resulted in much deterioration of our environment, despite the stated goals for sustainable development that the State Government has proclaimed in the Penang Strategic Development Plan and the State Structure Plan 2007.

In discussions with the Penang State Chief Minister and the President of MPPP, last year, TBRA has called upon the authorities to consult the RA's in the drafting of local plans. In fact this is a requirement under the Town And Country Planning Act which the local authority, MPPP is obliged to do.

Saturday, January 12, 2008

TBRA ended 2007 with a Public Forum calling for more transparency and accountability in Local Government…


The Tanjong Bunga Residents’ Association (TBRA) spearheaded a Public Forum on Transparency in Local Governance on 2 Dec 2007. Together with other NGOs in Penang, it invited other residents’ associations to campaign for greater accountability and more effective citizens’ participation.


Keynote speaker, lawyer Derek Fernandez said “Too much damage has been done in Penang, but we can still save it if there is a concerted effort to stop the rot”. Lim Hooi Siang, chairman of TBRA said in his welcome address that “If all residents’ associations speak with one voice, that voice will be louder and may be more effective than all the letters to the Chief Minister and the MPPP we have written. This Forum could be the beginning of a change to reinstate local democracy. If the rakyat can elect their local representatives freely and fairly, the local authorities will have to become more accountable and responsive.”

Derek Fernandez shared a video about the human impact of the 12/11 Highland Towers disaster. It was completely avoidable, he said. It should never have happened. We must learn from it and prevent another hillside collapse elsewhere. He illustrated his speech with slides on accountability. “There is a dire and immediate need for residents to organize themselves in an effective manner with Resident Associations of different areas finding common ground and co-operating so as to protect their common values in relation to their quality of life and the use of the environment because ultimately the failure to do so will cause everyone to suffer. Residents must be vigilant and vigorously protect their rights and demand a transparency and accountability in the development process. They are entitled to demand that those in public office who break the law, circumvent the law and abuse their power be removed from office and face the consequences as provided for by the law.”


He showed examples of economic and ecological damage done because local councils were not vigilant or were listening to developers rather than to their conscience. For example, privatisation of loss-making businesses makes sense but privatising essential services that are doing well is a scandal. Penang is lucky, he said, it has the best water in the country at the cheapest rates. But its waterfront is going to the dogs; it is fast becoming a concrete jungle.


Syed Jaafar of the Residents Association of Bayan Baru agreed: “When I go to Tanjong Bunga, I want to see the beach. Most countries have a beach-road-hotel sequence but no more in Penang, buildings are now hiding the beaches.” He began his association 25 years ago when there was severe flooding and no action. We threatened to sue the government, he said, and that seemed to work. “Don’t act in isolation, get together, galvanise the experience and advice from within the community, there is more expertise than you think”.

Edward Lee of the very active Petaling Jaya RA, gave some practical advice: go from house to house, get organised, know your facts, be professional, get the lawyers, the engineers, the accountants and the housewives from your town together and work for the common goal. It takes time and effort but it can be done. Lee Laine, vice-chair of TBRA, joined in and related how she joined the association because she was angry about the haphazard development in her area. Seeing the Cove’s “four sore fingers” going up at 41 storeys each, right by the beach, made me angry again, she said. “There is no local plan, developers are having a field day, residents deserve to know what is allowed and where the lines must be drawn.” Ahmad Chik of the Penang Hill association and moderator of the panel, joined in by reminding the public that the massive projects for Penang Hill had been defeated by joint action and that it could be done again.

Questions from the floor concerned the same lack of planning. How could one shopping mall after another be approved in an indiscriminate manner? Each one had its brief heyday and then collapsed because a new and bigger one competed. Edward Lee said that there is a Town Planning Act but it is not put in practice: the highest bidder gets the green light. Derek Fernandez responded by stating that market driven ad-hoc planning is the worst form of planning – flavour of the month approach. In PJ, a stop has been put to that, there are zones now; zoning looks at how developments will affect surrounding properties, at what impact buildings will have on traffic, on infrastructure and residents know what to expect.


Another complaint came from a condo owner whose view became blocked by another high rise building in front. When she purchased the condo, she was told that only six storeys were allowed on the land below and now there is a 39-storey monster! The fines for exceeding the height are too small. Derek replied that zoning and enforcement of the zoning plan would help but that the “buyer beware” principle also applies. Buyers should not believe all the beautiful plans and talks of the developer but do a serious check into the ownership of the surrounding lots. “Many developers and buyers are selfish, they don’t care about the people behind their development”.

“Local government is powerful - it can make decisions for the interest of the community. And if they don’t, they should be booted out. Tanjong Bunga is lucky, your Assembly man is elected. Get his votes counted and tell him what you think of his performance…” Persuade people not to buy offending condo’s; even foreigners can be scared into not investing. If the press is censored, use the Internet, use blogsites, ask for legal hearings, warn against hill slides, traffic jams, infrastructure problems.


The seven Residents’ Associations present agreed to adopt the “Penang Charter”* as a working document in a new endeavour to work together toward greater transparency and accountability.

Wednesday, January 09, 2008

PENANG CHARTER

CHARTER ON LOCAL DEMOCRACY AND GOVERNANCE FOR LOCAL AUTHORITIES)

We, as concerned Residents’ Associations (RAs) and Non-Governmental Organisations (NGOs), strongly believe that local democracy should be reinstated into the Malaysian political system.

Local Authorities form the third tier in our federal structure and provide the closest link between the government and its rakyat

As one of the main foundations of democracy, Local Authorities need to safeguard and realise the principles of participatory democracy, rule of law, and the protection of human rights in their governance.

It is, therefore, the duty and responsibility of Local Authorities to:

i. Protect, respect and provide opportunities for the rakyat to exercise their
rights through consultation, participation and representation through local
elections;

ii.Create an enabling environment in which the rights of the rakyat can be realised
through transparent and accountable processes, which includes transforming
legislative, budgetary, judicial and other reforms to ensure substantive delivery
of services; and

iii. Acknowledge, value and respond to the diverse rights, interests and concerns of the rakyat.

The Charter on Local Democracy and Governance sets out eight (8) guiding principles and standards on good practice for strong and accountable Local Authorities.

1. Constitutional and rights-based legal framework for local democracy Compliance to legal and constitutional rights-based framework, is important to secure and protect local democracy.

a) Review and amend where necessary all legislations governing Local Authorities so as to increase transparency, abolish corruption, enhance public participation, ensure accountability, prevent immunity for offenders and end malpractices.

2. Local democracy through free and fair election
The rakyat should be enabled to elect their local representatives in conditions of political freedom, including a free and fair election that is conducted with full integrity according to international standards.

a) Amend Section 15 (1) and (2) of the Local Government Act, 1976 (Act 171) to reinstate elections to Local Authorities.
b) Review and amend other laws related to elections to promote free and fair election.

3. Participatory democratic processes Create, nurture and develop programmes that enable the rakyat to participate actively and effectively in decision making processes of Local Authorities so that their overall needs and concerns are met.

a) Comply with and implement Local Agenda 21 policies and guidelines effectively to achieve its intended goals.
b) Impartial consultation and dialogue with the rakyat prior to decision-making and implementation of programmes and projects which will affect the rakyat.
c) Educate and mobilise the rakyat to promote sustainable development i.e. an environment which places rakyat at the centre of the development process and creates an environment in which all rakyat can enjoy a long, healthy and creative life.

4. Accountability at Local Authorities
Local Authorities need to be accountable to the rakyat they serve while operating within the legal and policy framework of other spheres of government.

a) Establish effective regulatory and monitoring mechanisms to provide safeguards against corruption, mismanagement and the inappropriate use of resources by Local Authorities, politicians and officials. Such mechanisms will ensure that resources are used in the best interests of the rakyat.
b) Review and amend as necessary any related legislations which govern local Authorities for example legislations which exempt local authorities and councillors from liability for acts of wrongdoings and negligence

5. Transparency at Local Authorities
Decision making processes of the Local Authorities must be clear and properly communicated to the rakyat it serves e.g. minutes of important local authority meetings must be made available to representatives of the rakyat through the RAs and NGOs.


a) Policies determined by Local Authorities need to be open to scrutiny and to have constructive feedback from the rakyat.

6. Non-discrimination and inclusiveness
Local Authorities have a responsibility to meet the special needs of discriminated and marginalised groups through proactive planning, and affirmative actions.


a) Allocate substantive resources, especially finance, for this purpose.
b) Study, review, and act against incidents of discrimination and inequalities.
c) Impartial consultation and dialogue to include discriminated and marginalised groups prior to decision-making processes which will affect their interests
d) Introduce at least 30% women’s representation at the Local Authorities.

7. Effective leadership to ensure equitable, efficient and responsive delivery of public services. It is the responsibility of the Local Authorities to ensure that everyone has quality and equitable access to public services through effective leadership and monitoring mechanisms.

a) Provide programmes to inculcate a culture of accountability and transparency for councillors, officers, RAs, RT and NGOs.

8. No Taxation without Representation
Within a truly democratic tradition, taxation cannot be justified without representation. Ratepayers must be represented in governing bodies which determine how money is spent.

This is a fundamental precept of parliamentary democracy which is applicable at all levels of government, including Local Authorities. Nominated representatives in Local Authorities will otherwise only be accountable to their political affiliations and not to ratepayers.

WE, as concerned Residents’ Associations (RAs) and Non-Governmental Organisations (NGOs), call for the recognition and adoption of this Charter by the Local Authorities.

Dated this 2 December 2007, Penang, Malaysia.

For further enquiries please contact: Tanjong Bunga Residents’ Association, at tanjongbunga@yahoo.com

Wednesday, January 02, 2008