PRESS
RELEASE 27 OCTOBER 2017
RESPONSE
OF TBRA TO PENANG STATE COMMISSION OF INQUIRY ON TANJUNG BUNGAH
LANDSLIDE TRAGEDY
The
Tanjung Bungah Residents’ Association (TBRA) welcomes the proposal
by the Penang State Government to set up a Commission of Inquiry
(SCI) to investigate the landslide that took place on 21 October at
Lengkok Lembah Permai that
killed 11 people.
We
ask that the SCI be
open to the public to ensure transparency in view of the public
interest involved, and that it also allows the full participation and
engagement of all stakeholders, including TBRA.
On
the terms of reference of the SCI, we are glad to note that it
includes the
project approval process and procedures to see if they were in
accordance with guidelines.
We
hope that this will also include
not only the relevant guidelines but also laws related to the
granting of planning and other approvals, as well as monitoring and
enforcement aspects with a view to improving them.
This
must also include a review of the guidelines on ‘hill site
development 2012’, as well as in ensuring sufficient capacity
exists in the relevant authorities to effectively monitor and enforce
any conditions imposed.
On
the TOR which calls for a re-examination of “other matters related
to the project including if the project was built on flat land or on
a hillslope and to determine if the quarry site was the reason for
the failure of the temporary work site slope,” we wish to state
that what
is also material is an examination of the characteristics and overall
conditions at the site and its surroundings, including the state of
the site prior to the granting of planning approval and the changes
made to the natural terrain.
Developments
on Hill Lands
On
a separate note, TBRA also welcomes the statement of YB Jagdeep Singh
Deo that the State Government will continue to prohibit any new
high-rise development on lands above 76 metres (250 feet) above sea
level.
The
YB referred to the policy in the Penang Structure Plan as regards the
protection of hill lands which are above 76 m above sea level.
In
this regard however, we are perplexed by how the MBPP had in 2012,
approved the construction of 600
units comprising high-rise apartments and bungalows on hill lands
covering 80 acres which are above 76 metres above sea level of which,
approximately 43% of which are on slopes exceeding a gradient of 25
degrees for the Sunway City project in Sungei Ara, Penang.
In
fact, we are shocked to learn that the State Authority had approved
in 2011 an application by the developer to remove the ‘hill land’
status of the lands under the Land Conservation Act 1960.
The
MBPP relied on the 2009 Guidelines for ‘Special Projects’ to
allow the Sungei Ara project.
These
actions completely defy the State Government’s stance that hill
lands must be protected.
In
order to prevent a repeat of this and to respect the policies in the
Penang Structure Plan as regards hill land, the State
government must now do the following immediately:
-
revise or redefine what are ‘special projects’ in the 2009 guidelines in order to explicitly prohibit any future development on hill lands except for essential public amenities.
-
It must also stop approving any further applications for excision of the status of ‘hill lands’ from the Land Conservation Act 1960.
We
also call on the State and the MBPP to also monitor all developments
on hill lands and hillslopes in Penang and take immediate measures to
ensure the safety of those living at the foothills of such
developments, as in the case of the Paya Terubong residents in Taman
Seri Rambai/Lau Geok Swee .
The
TBRA also seeks the clarification of the Penang State Government and
the Majlis Bandaran Pulau Pinang (MBPP) as to why it is not following
the policy in the Penang Structure Plan which designates Tanjung
Bungah as being in the ‘secondary corridor’.
The
Structure Plan clearly states that in Tanjung Bungah, any housing
development cannot exceed 15 units per acre as it is in the
‘secondary corridor’.
Why
has the State and the MBPP not followed this policy which is legally
binding? We seek an urgent response in this regard.
Meenakshi
Raman
Chairperson
of TBRA
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