KUALA LUMPUR – Does the Kuala Lumpur mayor or its city hall need to provide any reason for approving planning permissions?
This is the question posed by Mayor Datuk Mahadi Che Ngah to the Federal Court in the city’s latest bid to overturn a Court of Appeal decision against a development project approved for the popular Taman Rimba Kiara.
In a sworn affidavit, Kuala Lumpur City Hall (DBKL) Legal and Prosecution Department deputy director Izmah Nor Idris pointed out that the Federal Territory Planning Act 1980 and Planning (Development) Rules 1970 do not state that the mayor has a duty to give any reason.
“The only provision in the Federal Territory Planning Act 1980 that provides for the applicant (the mayor) to give any reason is under Section 22(5), which is when the planning permission is granted with conditions or if it is refused.”
She also argued that the mayor’s duty is to only hear objections, not make decisions on the objections.
“The applicant is to only decide on whether to grant or refuse the planning permission after considering the objections.”
With regard to the Taman Rimba Kiara case, the affidavit highlighted that the mayor has given the reasons in a letter dated July 20, 2017.
The Court of Appeal, however, decided that the reasons given are an “afterthought” because they were given much later after the approval was made.
The court said the mayor should have notified anyone concerned of the approval at the time it is made along with the reasons, adding that he must also provide reasons, even when the federal territory planning act and planning rules do not require them.
It added that there can only be proper and responsible planning if the mayor explains the reasons to all those concerned on why he rejected or approved any planning permission.
Now that the mayor is looking to appeal the matter, the Federal Court’s guidance is sought on whether DBKL is required to provide written reasons to objectors of proposed developments, despite there being no requirement under the law.
The mayor is also asking the apex court to determine whether the reasons must be communicated at the same time as the decision to issue a development order.
The Court of Appeal decision on January 27 was over a judicial review application by Taman Tun Dr Ismail (TTDI) Residents’ Association and other parties against the mixed-development project in Taman Rimba Kiara.
The project involves the building of serviced apartments and affordable housing units for residents of the longhouses in the area.
However, the Court of Appeal quashed the development order on various grounds, including conflict of interest concerning the mayor.
Yayasan Wilayah Persekutuan and developer Memang Perkasa Sdn Bhd, along with DBKL and a group representing longhouses in Taman Rimba Kiara, have since filed applications for leave at the Federal Court.
The bid seeks to challenge the appellate court’s ruling favouring TTDI residents.
A lawyer representing the residents said the parties earlier this week filed four leave applications. – The Vibes, February 27, 2021
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