qualified planner and a former acting Pengarah of MPPP, Mr Khoo Boo Soon has come out to clarifications on the issue of "Special projects" ( Projek Istimewa) . Rather than being confused and misled by the various dubious comments made by the Yang Dip

From: Teh Leong Meng <lmteh7@gmail.com>
Date: August 7, 2012 8:05:59 PM GMT+08:00
To: ParticipantsofPenangForum@yahoogroups.com
Subject: Re: [ParticipantsofPenangForum] HILL SLOPE DEVELOPMENT : WHAT IS ' SPECIAL PROJECT ' -Full Statement by Mr. Khoo Boo Soon, senior town planner with MPPP 1993-2010.

Dear friends,

 

It is timely that a qualified planner and a former acting Pengarah of MPPP, Mr Khoo Boo Soon has come out to  clarifications on the issue of "Special projects" ( Projek Istimewa) . Rather than being confused and misled by the various dubious comments made by the Yang Dipertua of MPPP, Patahiyah, we now have a better understanding of the issue.

 

Thank you.

 

TLM

On Tue, Aug 7, 2012 at 12:08 AM, khim pa <pakhimghee@gmail.com> wrote:

 

 

This was my full statement given to the press during my PC on Hill Slope Development.

And now lots of on-goings comments in Malaysia Kini website but let the People decide, one is always entitle to his own opinion.

HILL SLOPE DEVELOPMENT : WHAT IS ' SPECIAL PROJECT ' ? - as highlighted Rancangan Struktur Negeri Pulau Pinang 2020 (RSNPP 2020)

1. I am khoo boo soon an Urban Planner, formerly I am a senior town planner with mppp from 1993 -2010 ; last position held was Acting Director for the Town Planning Dept. MPPP from .JAN.2010 to March 2010 and subsequently opted for early retirement on medical ground.

2. Lately there are lots of press coverage on hill slope development with comments coming from both sides of politically divide, mppp, the developers, NGOs and the public. Some claimed approvals were given because it is under "special project " in the Penang Island Structure Plan 2020 or the projects had been approved under Pelan Dasar Perancangan dan Kawalan Pembangunan MPPP 1996 . It lead to confusion among the general public to why "certain hill slope projects" are still being approved ? The decision makers blame each other and even MPPP came out with a list of projects approved before March 2008 and also after March 2008.

So the purpose of today briefing is :- 

a) To address the meaning of " special project " and it's objective.

b) To make the general public understand what actually is Penang Island Structural Plan 2020 and also the Pelan Dasar Perancangan Dan Kawalan Pembangunan MPPP 1996. 

c) Function of both these two plans in relation to development approvals.

3. Firstly, a Structure Plan encompass only policies and strategies of the State Authority in respect of the development and use of land in the State. It inclines towards sectorial development for whole of Penang Island ranging from housing sector, commerce, industry, agriculture etc.

The Penang Island Structure Plan 2020(RSNPP2020) was prepared by Jabatan Perancang Bandar Dan Desa Negeri Pulau Pinang and was gazetted in Jun 2007. 

In comparision with the previous Penang Island Structure Plan which was prepared by MPPP and approved in 1986, this new plan in recognising the need to protect environment went a step further to address the issue of illegal clearing of hill land and to impose control on these activities. The previous 1986 Structure Plan does not have this policy. 

RSNPP2020 states that no " Development " and agriculture activities will be allowed in :-

(i) Hill land Areas that has been gazetted under Land Conservation Act 1960

(ii) Any land that is more than 76m 

(iii) Land that is steep, gradient more than 25 degree

However there are considerations for development above 76m if it falls under the term "special projects" but there is no clear defination indicated here.


4. Defination/ Interpretation : " Special Project " falls under three categories namely :-

(i) Is meant to be to be associated with major infrastucture projects or government projects like roads /transportation purpose, security reasons like for satellite stations/telecommunications, dam or pumping stations for public use.

(ii) Land that had been coverted to residential prior to the approval and adoption of the RSNPP2020 or land that is shown as" residential Zoning" in the Pelan Dasar Perancangan Dan Kawalan Pembangunan MPPP 1996.( Pelan Dasar is only a zoning plan which only indicates what kind " land use" that is deemed compatible for development eg residential, commercial, industry etc; all together in this plan there are only 8 classes of landuse ) Under this category it was never an intention to grant automatic approval for development. It still has to adhere to stringent vetting by relevant technical departments before the approval is given in the form of Planning Permission by MPPP.

LIST OF PLANS THAT NEEDED APPROVALS FROM MPPP BEFORE ACTUAL CONSTRUCTION TAKES PLACE.

1. PLANNING PERMISSION – relevant documents includes a survey plan
2. BUILDING PLAN
3. SUB-DIVISION PLAN
4. EARTHWORKS PLAN
5. APPLICATION FOR COMMENCEMENT OF WORK (COW)

Even though one obtains planning permission under the Town and Country Planning Act 1976(Act 172), the validity is only 1 year. Without renewal a building plan cannot be approved. Local authority has every right under Act 172 to impose further conditions or even reject a renewal of planning permission.
(iii) Meant to be associated with earthworks activities like quarry, however under this category application must be made to the state authority.


5. In conclusion , it is clear :- 

i) " Special Project" as indicated in Penang Island Structure Plan 2020 and also Pelan Dasar Kawalan Perancangan Dan Kawalan Pembangunan MPPP 1996 are not meant to be use as a "pre-requisite" to grant planning permission for development above 76m or any other hill slope development for that matter. 

ii) The term " Special Project" also must not be used by State Authority as an "escape clause" to approve Rezoning of Hill Land areas under Land Conservation Act 1960 to other category of use because the Penang Island Structure Plan 2020 is already in place since June 2007.

iii) In granting Planning Permission up to Commencement of Work it goes through various approval process where Local Planning Authority is empowered by Town And Country Planning Act 1976 (Act 172) to intervene to the extend of revoking planning permission if it serves public interest.

iv) With reference to Section 22(4) Act 172 , it states " The local planning authority shall not grant planning permission if -
(a) the development in respect of which the permission is applied for would contravene any provision of the development plan;

Here in Penang Island, in the absence of Local Plan, Penang Island Structure Plan 2020 is the " Development Plan " in accordance to Act 172 so in my opinion if MPPP finds that projects that had been approved after March 2008 and between June 2007 till March 2008 that contradict to the Development Plan, then in the name of "Public Interest" for the people of Penang all these planning permission should be revoked.
MPPP had done it before.

Thank you.

Rgrds,
khoobs