Malaysia

Thumbs up to Penang’s Sg Ara residents’ case against Sunway Hills project

Civil society groups lend support for appeal, which will be heard in Federal Court this week  

Updated 4 years ago · Published on 22 May 2022 2:09PM

Thumbs up to Penang’s Sg Ara residents’ case against Sunway Hills project
(From left) Penang Forum spokesman Khoo Salma Nasution, CAP president Mohideen Abdul Kader and Tg Bungah Residents’ Association president Zulfikar Aziz speak at a press conference on the Sunway Hills project at CAP’s headquarters in Penang. – RACHEL YEOH/The Vibes pic, May 22, 2022 

by Rachel Yeoh

GEORGE TOWN – Civil society groups are in support of Sg Ara residents’ case against the Sunway Hills project, which will be heard in the Federal Court this Wednesday and Thursday.

More than 1,500 residents from the Sunrise Garden Condominium and private homes within 20m of the proposed development are objecting to the project. Notice of the project was distributed between 2010 and 2011.

On November 20, 2015, the Appeals Board under the Town and Country Planning Act 1976 upheld the objections by the residents against the approval of the project and the grant of planning permission by Pulau Pinang City Hall (MBPP).

However, Sunway City had argued that MBPP had granted planning permission for the project as the proposed development is a “special project”. 

The residents argued that the sensitive hill lands with slopes exceeding the gradient of 25 degrees are unsuitable for the development.

The Appeals Board ruled that MBPP was wrong in granting the approval, as it had failed to consider properly that (in this case), the primary objective of the Penang Structure Plan 2020 that was gazetted in 2007 is to preserve hill lands. 

Lands more than 76m above sea level and/or with a gradient exceeding 25 degrees cannot be approved for development.

Consumers’ Association of Penang (CAP) president Mohideen Abdul Kader said that although there are very limited and justifiable exceptions allowed as “special projects”, no specific definitions were given.

“This is why we have this problem. That is why the residents have to go until the Federal Court to get a decision,” he told a press conference at the CAP headquarters today.

Civil society groups were shocked that MBPP and the state stood in favour of the developers instead of the residents.

Sunway City and MBPP filed a judicial review application to the Penang High Court against the decision of the Appeals Board in early 2017, and the high court decided in favour of Sunway City and MBPP in May 2017.

The residents then appealed to the appellate court in June 2017, and the decision in favour of Sunway City was only made on May 21, 2021.

The residents then appealed to the Federal Court.

Penang Forum spokesman, Khoo Salma Nasution, stressed that winning the case will stop a slew of other developments close to hill slopes in the future. 

“We have to preserve this for future developments. 

“What is going to happen if developments keep encroaching toward the hills? 

“This is one case that will affect all of us,” she said.

Sunway City has proposed constructing 600 units of high-rise apartments and bungalows on hill lands covering 32.27ha, approximately 43% of which are on slopes exceeding a gradient of 25 degrees. 

Civil society groups opposing the development include CAP, Sahabat Alam Malaysia, the Penang Forum, the Tg Bungah Residents’ Association and Penang Hills Watch. – The Vibes, May 22, 2022

Related News

Malaysia / 1mth

Syed Saddiq walks free: Federal Court upholds acquittal

Malaysia / 4mth

Court of Appeal: Emergency proclamations beyond judicial review

Malaysia / 5mth

Court of Appeal grants stay on order over Sabah's 40 per cent revenue entitlement

Malaysia / 5mth

Apex court grants PETRONAS leave to challenge Sarawak state laws

Malaysia / 6mth

Isa Samad wants Federal Court to reconsider its decision to convict him

Malaysia / 6mth

Family takes issue of government responsibility in Altantuya's death to Federal Court

Spotlight

Opinion

“I’m not a war criminal, I’m a patriot”: Shavendra Silva’s amnesia tour meets the receipts

By Abbi Kanthasamy

Malaysia

British management on trial – does a royal management institute deliver value?

Malaysia

Doctor among five killed in Sarawak Flying Doctor helicopter crash identified

Malaysia

Nearly 10,000 potential fire hotspots detected on RSPO-managed land

Malaysia

Undang Yang Empat produces letter allegedly confirming Tuanku Muhriz’s removal

Malaysia

Northern Malaysia must prepare for the consequences of lower rainfall

Malaysia

Helicopter crashes during flying doctor service mission in Sarawak

You may be interested

Malaysia

Anwar: Tun Razak’s ‘Three Cs’ warning still relevant today

Malaysia

Najib house arrest bid may be decided on Sept 11

Malaysia

Proclamation to remove Tuanku Muhriz invalid, says Undang

By Alfian Z.M. Tahir

Malaysia

Doctor among five killed in Sarawak Flying Doctor helicopter crash identified

Malaysia

Negeri MB says he was forced to sign Tuanku Muhriz removal document

Malaysia

Bathroom peeping allegation uncovers four-year-old molestation claim against stepfather

Malaysia

PM deeply moved remembering Zainol Afiq flying him during GE15 (video)

Malaysia

PH says rule of law must prevail in high-profile corruption cases

By Alfian Z.M. Tahir