Telok Bahang - Tanjong Bunga Development Corridor

The State Draft Structure Plan shows clearly in this map extracted from the report that Tanjong Bungah is located within the secondary development corridor. The Structure Plan (pg. 4-8) states that:
"Tanjong Bungah - Telok Bahang Corridor represents existing tourism corridor that is undergoing rapid development with 5-star hotels. Infill development of low to medium density will be allowed in the zones identified for general housing (15 units per acre), low density housing (6 units per acre), general/restricted tourism and commercial (plot ratio 1:1). Its natural beauty such as beach resorts, hills and forest will contiune to be preserved as primary assets for the development of this corridor. .."
Apparently the State Town And Country Planning Department which is responsible for the drafting of the Structure Plan is now saying that this policy does not apply to the area within which Tanjong Bungah is located as shown below!

THE STATE STRUCTURE PLAN GUIDES PHYSICAL DEVELOPMENT

How many of us have heard about the Structure Plan? Not many I would bet. Considering the huge importance this document has over our lives, it is amazing that not many people pay attention to it.
The State Structure plan or "Rancangan Struktur Negeri" in Bahasa is a broad policy plan according to the Town And Country Planning Act, "a written statement- among other things-
(a) formulating the policy and general proposals of the State Authority in respect of the development and use of land, in that State, including measures for the improvement of the physical living environment, the improvement of communications, the management of traffic, the improvement of socio-economic well-being and the promotion of economic growth, and for facilitating sustainable development;

The Act also states that the policy and general proposals in the Structure Plan must be justified by the results of survey that has been carried out by the State Director of Town and Country Planning.

In May 2005, TBRA (then protem-committee) and a number of NGOs participated in the publicity of the Report of Survey exhibited by the State Director Of Town And Country Planning. TBRA then highlighted the fact that there was insufficient publicity given to the Report of Survey. Other than the required notification in two newspapers, there were no public posters put in community centres and other public places informing the public of their rights to give their comments.

Nevertheless, TBRA submitted a three-page memorandum and attended a hearing chaired by the then State Economic Planning Unit Director.

TBRA points out several inconsistencies in the Report of Survey and the Structure Plan.

1. the assumptions that were used in making population projections were not stated. The North East district in which Tanjong Bunga is situated has the highest density. The area for committed developments reported was 1856 hectares, not including the reclaimation areas in Tanjong Tokong which will add another 500 hectares. Added to this, the high development densities allowed in the North East district will further add to the population imbalance in the State highlighted by the survey.

2. There was no explicit distribution of population growth by districts.

3. Environmentally sensitive areas: we proposed that developments on hill slopes should be limited only to detached houses with plinth area not exceeding 30% of the lot.

4. Although Tanjong Bunga has been designated within the beach tourism zone, there is no plan to improve public access, beach activities and natural environment. Instead more and more high-rise high density developments have been allowed. The construction of high-rise apartments on the beach is in conflict with the beach tourism strategy.

5. The survey projected that 20,000 rooms are needed by the year 2020. If the beach tourism zones, like those in Tanjong Bunga continue to be allowed to build high-rise apartments, there will be no suitable land left to build hotels, tourist resorts and other tourism facilities.

6. There is an excess housing stock in North East District by 46, 348 units up to year 2020. Therefore housing densities should be maintained as in existing terrace housing developments of 12 units per acre.

7. There is a shortage of community facilities and public recreational open space in Tanjong Bunga. Although the survey includes private facilities like the Penang Swimming Club and Chinese Swimming Club, these are private clubs and cater to populations outside of the Tanjong Tokong - Tanjong Bunga - Batu Ferringi and Telok Bahang areas.

TBRA has already pointed out the discrepancy in the Structure Plan's illustration map which does not show that Tanjong Bunga is in the secondary development corridor.

TBRA calls upon the Chief Minister who is the Chairman of the State Planning Committee to address these issues. TBRA as an organisation that looks after the public interest of Tanjong Bunga residents in particular should be consulted in the drafting of the local plan as is required by law.

SO WHERE IS TANJONG BUNGA?

If the State Exco has its way, Tanjong Bunga will be wiped off the map, literally! The Penang Structure Plan has clearly designated Tanjong Bunga - Telok Bahang as the Secondary development corridor (Spatial Development Policy No.5 - DSU5 L1) while the George Town - Tanjung Tokong Corridor is designated as the Primary Development Corridor. This is fine and it is just what Tanjong Bunga residents are asking for. But wait! In the illustration map in the Structure Plan (Fig. 4.2 Penang State Development Corridors) the name Tanjong Bunga does not appear in the area coloured green which denotes Secondary Development Corridor. The State Town and Country Planning Department (JPBD) has this interpretation that the Secondary Development Corridor starts from Mar Vista Resort. However according to the Town limit gazette notification P.U. No. 50 of 30-6-66, the boundary of Tanjong Bunga starts from where Tanjong Bunga Hotel is located.
It is indeed curious that in such an important diagram, a nondescript development named Mar Vista Resort is prominently labelled instead of Tanjong Bunga. Even more curious is that Tanjong Tokong is labelled in the location where Tanjong Bunga should be.

Well, it appears that the State Exco has swallowed this interpetation of JPBD hook, line and sinker! God help us what have we done on March 8?

North Coast residents want balanced development

A scenic bridge in Croatia, an emerging holiday destination in the Adriatic Sea for Europeans. Here the beautiful and pristine sea and natural environment is retained.

First of all, we express out full support to the government in practising the principles of competency, accountability and transparency.

We are well aware of the many issues that the new government has to deal with since its formation but we would like to focus on the physical or spatial planning aspects as they impact most on every one in Penang.

We fully acknowledge the need for the government to create a ‘business-friendly’ environment in order to spur economic development in Penang. However this must be clearly translated into practical actions of improving the delivery system, reducing the cost of doing business, clean and efficient public service, eliminating red-tape, ‘no-wrong door’ policy, quick and accurate access to information, and so on.

Creating such conducive environments for existing and potential investors should not be confused as a ‘pro-business-at-the-expense-of’ mentality. We have seen how demands by certain segments of the business sector have influenced the ‘pro-business’ government in the past at the expense of everybody else and Penang’s unique environment.
Put in another way, we urge the State government to adopt a sustainable development approach that considers the need to balance development with the conservation of our natural resources, which precious little has been diminishing at an alarming pace, and to improve the quality of life in Penang.

There are many important employment generating economic sectors like tourism, education, health, services, R&D which have not been given the required attention in the State’s Structure Plan, but instead there has been an over-emphasis on real estate development which like a beaver, is gnawing away Penang’s precious hill slopes, forests beaches and valuable agriculture land.

We are therefore submitting that an expeditious review of the State Structure Plan policies is urgently needed as everything else (investment promotions, local plans) will emanate from it.

In the mean time, we are not suggesting that planning applications or development should be stopped but rather to sieve those that have more serious environmental, traffic and social impact so that they can be evaluated against a local plan that has been drafted with public consultation respecting the spirit of the Town and Country Planning Act.

Participants submit recommendations to Penang State Government

The recent workshop on Sustainable Development of Penang's North Coast was attended by over 70 concerned individuals representing at least 6 local organisations, including the Tanjong Bunga Residents’ Association. The workshop was initiated by YB Teh Yee Cheu, ADUN for Tanjung Bungah. The participants drafted a number of recommendations which being applicable to other geographical areas in the state was submitted to Chief Minister Lim Guan Eng on Friday, 9th May 2008 at his office.
The workshop was sponsored by Paradise Sandy Beach Resort and a private company based in Tanjong Bunga.

Malaysian Developer OJY Blasts Rock w/ Kids In Nearby Pool

Courtesy of Daren Jenner

Have your say in Tanjong Bunga's Development Plan

PRESS STATEMENT

WORKSHOP ON SUSTAINABLE DEVELOPMENT OF PENANG ISLAND’S NORTH COAST, Paradise Sandy Beach Resort, TANJONG BUNGA, PENANG, APRIL 26, 2008

TBRA Tanjong Bunga Residents’ Association is pleased to announce a one-day Workshop on Sustainable Development of Penang Island’s North Coast to be held on April 26, 2008 at Paradise Sandy Beach Resort, Tanjong Bunga, Penang.

The workshop is initiated by ADUN for Tanjong Bunga, YB Teh Yee Cheu, and hosted by Paradise Sandy Beach Resort.

The objective of the workshop is to chart the direction for the sustainable development of Penang Island’s north coast by bringing together the local community and other stakeholders to establish a common vision for the future.

The workshop is designed as an inclusive and participatory way to plan for the development of this environmentally sensitive area.

People living in the island’s north coast including relevant MPPP and government departments are invited to participate in group discussions on a wide array of topics concerning the livelihoods of fishermen, the future of local communities, tourism products and hotel development, quality of sea water, hill-cutting and soil erosion, infrastructure, housing, traffic and other related developments.

Proposals resulting from the workshop will be submitted to the Chief Minister who chairs the State Planning Committee for consideration and incorporation into the draft Local Plan that is now being drafted by KL-based consultants which the MPPP has appointed for several years.

TBRA and its partner Residents’ Associations have complained about the ad-hoc and unsustainable development that MPPP and the previous State government have been allowing without the guidance of a democratically approved Local Plan. It is hoped that this workshop will create a new direction for town planning that is transparent, people-centred and can be emulated by other local groups and residents associations.

The workshop will start at 9.30am and end at 4.30pm. Please send email to tanjongbunga@yahoo.com or contact YB Teh’s service centre at No.3, Jalan Chee Swee Ee, off Vale of Tempe, Tanjong Bunga, to register if you wish to participate in this workshop. Places are limited and priority will be given to those who represent organisations.

Dailogue with YB Liew Chin Tong

About 30 people gathered at Diamond Villa for a meeting with the Opposition MP, YB Liew Chin Tong who represented the Chief Minister yesterday (April 8). TBRA initiated the meeting and invited members from other RA's in Tanjong Bunga and Batu Ferringi which included Diamond Villa, Pearl View, Horizon Towers, Mt. Evergreen and Regency.

Chairman of TBRA, Mr. Lim Hooi Siang, who welcomed members present reiterated the numerous complaints that TBRA had submitted to the former State Government and listed the issues raised in the letter to the present Chief Minister. YB Liew responded to a number of the issues which he said are being looked into by the relevant auhtorities or expecting imminent action. The members present wanted more pro-active measures in particular the control of hill-cutting and development of hill-slopes and controling building heights which have been shooting above 40 storeys.


It is the first dialogue and we hope to have more regular ones to monitor developments.

Danger on Jalan Tanjong Bunga if new access road is allowed

MPPP's Engineering Department has replied to our letter dated 22 December 2007 regarding the above matter which is the subject of the planning application on Lot 418, Jalan Tanjung Bunga (opposite the Penang Swimming Club). It says: "This letter's intention is to confirm that the government is studying the developer's proposal and examining the safety aspects that are raised in your letter. As the road proposed for the stated development will connect to federal road (Jalan Tanjung Bunga), approval of the JKR Headquarters will be required. At this juncture, approval has not been given for a road connecting the proposed development to Jalan Tanjung Bunga."

According to the practice of JKR, a service road alongside the main Jalan Tanjung Bunga is normally required for any development abutting an arterial road. Thus you can see that Penang Swimming Club has provided a service road even though it has only a narrow strip of land, as in developments like Copthorne Hotel, the Cove, etc. Likewise Lot 418 would also be required to provide a service road if it is to be accessed from Jalan Tanjung Bunga, but would be impossible due to the site's topography.

FORUM TOWARDS A BETTER PENANG

This is a notice from Aliran:
PENANG FORUM

Date: 13 April 2008 (Sunday)
Time: 8.15am to 4.30pm
Place: Disted College (Jalan Macalister/Jalan Cantonment)
Fee: RM5/participant to cover lunch and refreshments (payable on the day)
Registration: Phone 04-658 5251 (from Tuesday to Saturday during office hours) or email aliran@streamyx.com

Programme: See below
Organised by: the two dozen-odd NGOs who organised last year's Pesta Rakyat Merdeka.
Who should participate: Anyone and everyone interested in helping to chart a better future for Penang.
How to prepare: Think about concrete plans of action in areas which concern you, which can be presented to the new state government or
other state agencies.


Join us at the Penang Forum to debate and propose plans of action on how NGOs and other groups can work with the new Penang Government to implement people-centred development and to promote more democratic, participatory and transparent governance.

We will be looking at issues including environment, transport and urban issues, governance, women, workers, disabled, youth and
students, and arts,culture and heritage.

The purpose of the 13 April forum is to start a process that would enable us to we establish our own agendas and plans of action for consideration by the state government and its agencies; we would be looking to develop follow-up action (for example: the formation of specialised working groups to further develop proposals on particular topics) and to establish a regular official scheduled forum of exchange with the state government so that our plans and proposals can be systematically fed in and discussed.

Please forward this to anyone you think may be interested.

Forward to a better Penang! Together we can make a difference!

TBRA to meet new YBs

TBRA will be meeting the new ADUN for Tanjong Bunga YB Teh Yee Cheu and the MP for Bukit Bendera YB Liew Chin Tong in the coming weeks to discuss development planning and environmental issues. We hope that like the new Selangor government, the new Penang State Government would also put a cap on hillslope developments.and review all the environmental degradation that has been allowed in the past years in the Telok Bahang-Batu Ferringhi-Tanjong Bunga corridor.

SPEAK UP TANJONG BUNGA

Residents and voters in Tanjong Bunga should now speak up and make their voices heard or as they say, "forever hold your peace". The question "How do we make Tanjong Bunga a better place for everyone?" should be the mantra for the residents as well as our elected representative. It is home to the young and old, rich and poor, Malaysians and second-homers.

Has any one come up with any suggestion? Or do you wait until you see a monster development at your door step or the crime rate rise?
TBRA has been actively raising environmental issues and need the support and collective voice of all its residents. Tell others about this blogsite and post your comments.

AN OPEN LETTER TO THE CANDIDATES

for BUKIT BENDERA AND TANJONG BUNGA CONSTITUENCIES OF 12TH GE

Saudara,

We are a registered Tanjong Bunga Residents’ Association. According to our constitution, our members are from Tanjong Bunga with postcode 11200. Our association was formed to provide a platform for our members to voice their concerns, grievances and provide constructive suggestions to the authorities so that Tanjong Bunga will become a better place for its residents.

These are modest aspirations, no twin towers, no free trade zones, no Manhattan islands. We just want to live, and for some work, in a properly planned township with facilities for young and old, schools and playgrounds within walking distance, beaches accessible to the public and green hills to freshen the air. Are these too much to expect? Are we depriving others of development?

The members of TBRA have voiced their concerns through a public forum, the press and meetings with their ADUN and Municipal Council (MPPP) on several occasions with regard to the issues of haphazard mushrooming of high-rise buildings in Tanjong Bunga, hill-cutting, illegal land reclamation and without due regard to any increase in the capacity of infrastructure (drainage, traffic, public facilities) and to the preservation of the hills and the natural environment.

TBRA WOULD LIKE YOU to look into the following concerns:

1. That you would support our stand that the government and MPPP should consult with and consider the views of TBRA, representing the interests of residents, before formulating the LOCAL PLAN for Tanjong Bunga area.

2. That the Tanjong Bunga – Telok Bahang corridor identified in the State Structure Plan includes the gazetted boundaries of Tanjong Bunga ( and also recognized by its post code).

3. That the State and MPPP should, before approving development projects, consider all aspects related to town planning and the environment in a transparent manner. In this respect there should be a moratorium on approval of high-rises especially on hill slopes, beach-front sites and in established housing areas.

4. That the State do not allow any land reclamation off Tanjong Bunga – Teluk Bahang Corridor without carrying out a proper Environmental Impact Assessment and take action on removing the “sore thumb” land reclamation off Tanjung Club or alternatively convert it into a public park.

5. That there is adequate provision for public open spaces and playgrounds according to planning standards.

6. That there is good governance and transparency in development planning with full commitment to sustainable development and to citizens’ participation ( Local Agenda 21) in order to improve the quality of life for Tanjong Bunga residents and for the people of Penang in general.


We are confident that our members will vote for an ADUN that looks after the interests of this constituency.


TBRA COMMITTEE

Bye-bye Koh Tsu Koon

I guess we all know by now that Tanjung Bungah's ADUN, Koh Tsu Koon of Parti Gerakan, is leaving his constituency for the past 17 years . Unfortunately, Tanjung Bungah is not a better place it was 17 years ago. Do you agree? Give us your view on this.

Here is an email which has been circulating on the issue of making informed choices:


Dear All
Listening to both sides is important, so here's another side,
Let us make informed choices ...our future our tomorrows will depend on what CHOICES WE MAKE TODAY!


What we want is to
• be truly represented by our elected MPs Aduns- to have our concerns heard, have a voice in the progress and development of the Nation
• have an accountable and transparent government who work for the good of the NATION
• LIVE without fear in a safe harmonious and clean environment,
• leave a legacy that our next generation can be proud of, can enjoy
• become a Nation where JUSTICE AND PEACE reign supreme
Blessings



"When you listen God speaks, When you obey God Acts"

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.

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".

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.

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.

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

New Year 2008

TBRA would like to wish everyone here a very Happy New Year !!

TBRA Forum on Dec 2, 2007 at Dewan Sri Pinang

TANJONG BUNGA RESIDENTS ASSOCIATION
In cooperation with
PENANG HERITAGE TRUST
MALAYSIAN NATURE SOCIETY
PENANG WATCH
ALIRAN

PRESENTS A PROGRAMME ON
TRANSPARENCY IN LOCAL GOVERNMENT
ON SUNDAY DECEMBER 2, 2007
9.00AM -12.30PM

AT THE DEWAN SRI PINANG, GEORGETOWN , PENANG

THE OBJECTIVES ARE TO ENCOURAGE CITIZENS TO:

1) GET INVOLVED IN LOCAL GOVERNMENT AND HAVE YOUR SAY
2) MAKE OUR GOVERNMENT ACCOUNTABLE TO US
3) NETWORK WITH ONE VOICE FROM RESIDENT ASSOCIATIONS

PARTICIPANTS: PUBLIC, RESIDENTS ASSOCIATIONS, NGO'S, MEDIA, ALL CONCERNED LOCAL GOVERNMENT OFFICIALS

KEYNOTE SPEECH : Mr. DEREK FERNANDEZ, LEGAL EXPERT ON TOWN PLANNING

Transparency in Local Government
This is the first time that residents associations in the state will gather to discuss how they can cooperate and speak as one voice on issues of local government.
The forum is initiated by the Tanjong Bunga Residents’ Association in cooperation with Penang Heritage Trust, Malaysian Nature Society, Penang Watch and Aliran.
Lawyer Derrek Fernandez, who specialises in planning law and has represented a number of residents associations in Selangor, has been invited to be the keynote speaker.
The forum should be of interest to members of the public affected by development projects in their neighbourhood and who wish to learn more about their legal rights and how to voice their concerns to the local authority.

Admission to this forum is free. For further information, contact:
email: tanjongbunga@yahoo.com

Programme
9.00am Registration
9.30am Keynote address: Mr. Derrek Fernandez, Sun Newspaper
10.00am Panel Discussion on Residents Associations Networking Together
Moderator: Mr. Ahmad Chik
Panel: Mr.Edward Lee, PJ Residents Association, Dato Syed Jaafar, Bayan Baru and Tanjong Bunga Residents Association
11.00am Coffee break
11.30am Discussion from floor & recommendations
12.00pm Closing comments

TBRA re-launches petition on Sore Thumb !

PETITION for a Tanjong Bunga Coastal Park

illegal reclamation, called the “sore thumb”, by the Tanjong Bunga Residents’ Association (TBRA)

‘Development’ in Tanjung Bunga has over the past few years created severe environmental problems with hill-cutting and high-rise construction blocking sea views and polluting the beaches.
By law all beaches are public, but they are in danger of being ‘privatised’… access is already made difficult or even restricted in several places.

The residents of Tanjung Bunga are faced with:
lack of public recreational space;
high-density apartment buildings approved on an ad hoc and individual basis without any planning for public space;
high-rise ‘developments’ starting to dominate the entire coastline;
some developers claiming to have a ‘private’ beach for their condo, thus encouraging further restriction to public access to the sea side;
violations of regulations and procedures for coastal land reclamation.

In view of the fact that the reclamation off the Tanjung Club has violated regulations and created an eyesore, that the authorities have issued a stop-work order to the “developer”, and that this “sore thumb” has been sitting idle now for more than a year…

We, the undersigned residents of Penang, support the TBRA proposal that the reclaimed area be restored and rehabilitated as a public coastal park.

Transform this “SORE THUMB” into a PUBLIC PARK!

Signature drive !

TBRA will be having a petition for signature drive to all citizen of Penang and specially to the residents of Tanjong Bungah.

You can sign your signature on the petition at the following location :

1. Esso Station at Tanjong Bungah ( near Astaka, infront of 7-11 )
2. All Apartment and Condo RA office

Come and support us in the petition drive ... see you there !

PGCC forum by NGO's

Let's show solidarity and find out more about whether this monstrous city of high rises will see the light of day ...

15/09: Main Penang NGOs express alarm over PGCC

If Patrick Lim and Equine Capital thought it was going to be smooth sailing after the Prime Minister announced that approvals for the PGCC would be fast-tracked, they had better think again.This morning, half a dozen of the main Penang NGOs came together to express their stand against the development of the PGCC at a packed press conference held at the CAP office. Also present was a cameraman from ntv7 (yeah, right - at least, that’s what the logo on the camera said) who meticulously videotaped the proceedings. (Let’s see what comes out on ntv7 tonight. I am not holding my breath.)Present were representatives from CAP, Penang Heritage Trust, Malaysian Nature Society, Sahabat Alam Malaysia , Cepat, and Aliran as well as other concerned Penangites.

The site of the project - the present Turf Club- was originally given by the government for a nominal sum and was zoned as ‘Open Space’. This was changed very recently to ‘Mixed Development’, even though public opinion was unanimously against it (judging from the submissions sent in by the public during the 2007 Structure Plan exercise).“By doing so, the State has acted arbitrarily and sacrificed the interests of the community to a group of developers.” the NGOs said in a joint media statement.For once, the press raised a lot of questions after they were shown the miniature cut-out model of the site - with all 37 towers in it. The Fox people were nowhere to be seen even though they had called to ask about the press conference.

Joint Press Release By A Group of Concerned NGOs Against The Development of Penang Global City Centre (PGCC) 15 Sept 2007

Background

The Penang Global City Centre (PGCC) is a project of Equine Capital Bhd. The project to be carried out via its associate Abad Naluri Sdn Bhd, will be developed on the current Penang Turf Club land on Jalan Scotland . The project is estimated to cost about RM25 billion. It will be sited over a 104ha-land which will incorporate technology and ecology based components and modelled along the lines of Kuala Lumpur City Centre. It is being marketed as `one of the world’s first zero-carbon cities where pollution will be kept to a minimum’.The PGCC has been billed as the largest commercial development in Penang that will feature two five-star hotels, a performing arts centre, high-end retail outlets, two iconic towers, residential properties and a world-class meeting and convention centre. It will also promote medical tourism in the state through specialist clinics at the PGCC.

The site will also contain 33 blocks of residential units ranging between 12 floors and 53 floors. The blocks include two five-star hotels - one which is 53 stories high and another 22 stories. The total luxury residential units are 6,933 units including 100 bungalows. One of the two iconic towers will have 66 floors.According to Equine, the project will combine 34.4ha of parkland, including 10.4ha 1km-long linear park, and about 24ha of a hill site that cannot be developed.The project was launched by Prime Minister Datuk Seri Abdullah Ahmad Badawi on 12 Sept 2007.

Our group of concerned NGOs is shocked that the PGCC has been launched even before obtaining all major planning approvals. The government should not also have granted a fast-track status for the project, seeing that the scale of the development is going to create a drastic impact on the areas of traffic, social and environment on Penang island.Questions raised about the manner by which the land was converted from ‘Open Space’ to ‘Mixed Development’, about traffic congestion, public consultation, and provision for social housing remain unanswered.Below are glaring issues which arise as a result of this project.

Land Rezoning

The site of the project - the present Turf Club- was originally given by the government for a nominal sum and was zoned as ‘Open Space’. This was changed very recently to ‘Mixed Development’, even though public opinion was unanimously against it (judging from the submissions sent in by the public during the 2007 Structure Plan exercise).By doing so, the State has acted arbitrarily and sacrificed the interests of the community to a group of developers.

Traffic Congestion

The project is so large that it will affect almost every person in Penang , but there has been very little public consultation. By our estimate, it will generate about 60,000 traffic movements daily which will be channeled into Jalan Scotland and Jalan Utama (via Jalan Brook). Even now these roads are heavily congested and we worry what effect the huge additional traffic will have.The traffic dispersal plan for the project leaves much to be desired and we are asking for another traffic study by independent experts to be done before any decisions are made.

Public Consultation

During the drawing up of the Penang Structure Plan, public consultation was minimal, perfunctory and the results were entirely ignored. Since a mega development is going to take place on the Turf Club land that is subjected to the Structure Plan, we would therefore call for a greater genuine public consultation due to the large size of this project.The project was approved in Putrajaya, plans were finalised without any local inputs, and have now been publicly launched with much fanfare. That is not consultation. It smacks of an attempt to bulldoze aside all objections. It is a top-down planning of the worst type and is against all principles of participatory democracy.

Social Housing

It is a national policy that all development must include 30% low-cost units, and yet none will be built on the site. Instead the developer is proposing to build 6,933 luxury units of apartments and houses on the site. However, the low cost units will be built elsewhere.We do not understand why this is so, unless the developer does not want low-income communities on this project. We urge the MPPP to withhold approval until 2,080 low cost units are included in this project, and these units must be included in every phase in the right proportion.

EIA

Given the size of the project we would also ask for a detailed EIA to be done, as a preliminary study would not be sufficient to address all the issues that will arise.

Summary

We regret that the project has been launched even before the above questions have been considered and urge the MPPP to review the plans objectively and professionally and not to approve them unless the following is done:
1. greater public consultation
2. an independent traffic study
3. a detailed EIA, and most important of all
4. the full complement of low cost houses are included

Group of Concerned NGOs:
1. Consumers’ Association of Penang (CAP)
2. Sahabat Alam Malaysia (SAM)
3. Penang Heritage Trust (PHT)
4. Malaysian Nature Society (MNS)
5. Citizens For Public Transport (CEPAT)
6. Aliran Kesedaran Negara (ALIRAN)

TBRA VISION FOR LOCAL PLAN OF TANJUNG BUNGAH

Dear TBRA members,

We would like to invite you for a workshop on our town's future.

TBRA VISION FOR LOCAL PLAN OF TANJUNG BUNGAH ... COME AND JOIN US

THIS SATURDAY 18TH AUGUST 2007
10AM. - 3.30PM.
WORKSHOP ON creating the desired future for TANJUNG BUNGAH

Workshop will be held in the smaller meeting room above the Tanjong Bunga market .. Sorry for the late notice

have you registered as a voter?"

Use your rights as a voter in the coming General Elections.
We welcome comments on how we can make sure that our concerns are taken care of in Tg. Bunga.

Pesta Rakyat Merdeka (continue)

Pesta Rakyat Merdeka, 24 June, 2007 at Dewan Sri Pinang.

Pesta Rakyat Merdeka

We would like to invite everyone to join us in the Pesta Rakyat Merdeka, organise by Aliran. We will be at booth no. 13. See you all there, to give your support to the events.
click on the photo to enlarge

Cove pollutes Tanjong Bunga beach !!

After a strong rain, quite recently, the run-off from the Cove construction sent floods of mud straight into the sea. To cover up its tracks, the next night, a Cove bulldozer was set to work under veil of darkness to smoothen out all traces.

What's next Four Sore Fingers !!?? Another "Nightmare" to pay for so call "Development" and "Progress" without the concern of Environment !! How sad !