Position Paper by (TBRA on the Inclusion of Tanjong Bunga in the Primary Development Corridor

Review of the Penang Structure Plan 2020

Position Paper

by the

Tanjong Bunga Residents’ Association (TBRA)

on the Inclusion of

Tanjong Bunga in the Primary Development Corridor

Penang, April 2014

Executive Summary

I THE INCLUSION OF TANJONG BUNGA IN THE PRIMARY DEVELOPMENT CORRIDOR IN THE PENANG STRUCTURE PLAN (2020)

1. The Tanjong Bunga Residents’ Association (TBRA) and many other residents of Tanjong Bunga are of the opinion that, on planning grounds, the inclusion of Tanjong Bunga in the Primary Development Corridor in the current Penang Structure Plan 2020, is flawed.

Tanjong Bunga was clearly placed in the Secondary Development Corridor when the draft Penang Structure Plan was exhibited for public comment in 2006. TBRA and the residents who went for the public hearing raised no objections and accepted that draft. When the Penang Structure Plan was gazetted in 2007, a diagram showed that Tanjong Bunga had been incorrectly placed in the Primary Development Corridor while the text of the Structure Plan still stated that Tanjong Bunga is in the Secondary Corridor. This means that, at some point, the diagram in the Structure Plan was changed without any consultation with the public.

2. This placing of Tanjong Bunga in the Primary Development Corridor is wrong on three counts:

1. Internal contradiction between text and diagram

There is an obvious internal contradiction in the Penang Structure Plan as the text and diagram say different things. In the diagram, Tanjong Bunga has actually disappeared; Tanjong Bunga became part of Tanjong Tokong under the Primary Development Corridor but the text, on the other hand, says that Tanjong Bunga is in the Secondary Development Corridor. The Town and Country Planning Act states when the text and diagram are in contradiction, the text takes precedence over a diagram, since the Structure Plan is a document of policy and guidelines while the diagram’s function is merely to illustrate the text.

2. Lack of due process for changes to the Draft Structure PlanThe proper process for changing the Structure Plan was not followed, as required by the Town and Country Planning Act. Due process under the Act requires any major change has to be exhibited again. The change would be invalid if this were not done.

3. Tanjong Bunga is marked as Tanjong Tokong in the amended diagram

The location of Tanjong Bunga in the changed diagram in the Structure Plan does not follow the gazetted boundary of Tanjong Bunga in the Survey Plan where it starts from Tanjong Bunga Park and extends to Mar Vista Resort. Similarly, the location of Tanjong Tokong also does not follow the gazetted boundary in the Survey Plan. The amended diagram erroneously placed and marked Tanjong Tokong in the location of Tanjong Bunga.

3. TBRA brought up the issue of the change in Corridors to the State government authorities and was told that if it did not agree, it should go to court to ask for an interpretation. TBRA proceeded forthwith to file a case in court for a declaration. It was a straightforward case of trying to set right what appeared to be an "administrative'' error or oversight. However, the case was dismissed because the court accepted the defendant’s (State) allegation that the case was filed too late. As a result, the court has not adjudicated the substantive issues of the case and the merits of the case were not considered and remain unresolved.

See full document in PDF: http://goo.gl/OrdlYg