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Saturday, November 24, 2018

KL plan gazetted without public review because it’s not new, says minister

Civil society groups have been up in arms against the gazetting of the KL City Plan 2020 as it is said to contain known violations.
KUALA LUMPUR: Federal Territories Minister Khalid Samad admitted that there was no public consultation prior to the gazetting of the Kuala Lumpur City Plan 2020 (KLCP 2020), but explained that this was because the 2015 version that was used was a historical document.
“There is no point debating or consulting, because it is historical,” he told some 500 Taman Tun Dr Ismail (TTDI) residents present at a townhall session last night.
Also present were Segambut MP Hannah Yeoh and KL mayor Nor Hisham Ahmad Dahlan.
Khalid was responding to a question by a member of the audience, who had asked whether there was a public consultation before the 2015 version was gazetted.
The same person, who introduced himself as an architect and an urban designer, then asked Khalid if he knew there were violations, to which the minister said “yes”.
“So, it was easier for you to let it go than to deal with the MACC (Malaysian Anti-Corruption Commission) coming into the picture?” the man asked.
To this, Khalid, who is Shah Alam MP, said he referred the matter to the MACC, adding that this was why former federal territories minister Tengku Adnan Tengku Mansor was being investigated now.
“Even though I have gazetted the KLCP 2020, it does not make everything stop. It does not make illegal things legal. The gazetting only shows the situation as it is.
“If there are any changes done, and if corruption is proven, they will still be detained and charged. Even, if the plan has already been gazetted,” he said.
Khalid explained that when the plan was previously not gazetted, the government back then could do as they liked.
He stated that back then, whenever there was a change in the plan, the Kuala Lumpur City Hall (DBKL) will update the plan and the map each year.
“Until 2015, when they saw that Ku Nan (Tengku Adnan) was not bothered about gazetting the plan, they did not update the map anymore, as I understand it.
“They maintained the records but did not update the map, because the map was all being prepared for gazetting. But at that time, Ku Nan was not going to gazette it so they stopped at 2015.
“What was gazetted was the 2015 status. The historical record of what was the plan, updated until 2015,” he said.
Khalid said this was why they submitted the plan together with the 2015 to 2018 addendum.
“And as correctly pointed out, I have asked DBKL to work on this. We also need to provide the 2012 plan because it was put up for public comment.
“All the changes that occurred historically, from 2012 to 2015, we need to write down and record it so that people will know what happened in those years, as well as what happened from 2015 to 2018.
“All that has happened until now, we gazetted and recorded it, because we wanted to make sure that changes made as and when you like does not happen again,” he said.
When the plan is not gazetted, Khalid said corruption in DBKL and the ministry could happen in two ways including rezoning.
“They see a nice plot of land, and they want to build something. They see an open space, the developer offers money to take it up and rezone.
“The second way, is to change the plot ratio. That is another area.
“By gazetting, you put an end to this. Things can still happen, but it has to go through a very meticulous process. That is why I decided to gazette, even though it was (only updated until) 2015, and now is already 2018.
“We put a stop to this. What is still there, is still there. It won’t be changed,” he said.
Speaking to reporters later on why the 2015 version was used, Khalid said this was because they had to use the latest updated information available of the KL city layout.
“With the latest zoning, that is the reference. From there we go backwards. All those that changed from 2012 to 2015, what has changed from 2015 to 2018. I have to use the latest,” he said.
While the 2020 plan had been gazetted without public consultation, Khalid said the KLCP 2040 will be put up for public debate and discussion.
“That is talking about the future, what we are planning. That one is worthwhile being put up for public display and getting feedback from the rakyat,” he said.
On assertions that the KLCP 2020 was gazetted without first getting public feedback, hence the contents were illegal, Khalid disagreed.
“I do not think there is anything illegal. The development in KL has been ongoing without any gazetting (of the plan). So if you say that it is illegal, then everything is illegal.
“The procedures for allowing development, zoning… all these have followed the processes. They are all documented. To say that it was not done correctly is not right.
“It followed the procedures, but we question why public spaces were rezoned,” he said.
Khalid said that there might be some element of corruption, and that if that was the case, the MACC has to prove it.
“Just because it was rezoned, it does not mean it is illegal. The process of rezoning was followed,” he added.
Tengku Adnan previously told the Dewan Rakyat that the MACC had called him up 12 times to provide information on Kuala Lumpur City Hall (DBKL) land transactions under the previous government administration.
Yeoh had previously lodged a report with the MACC on 29 violations of the recently gazetted KLCP 2020 in her Segambut constituency.
She had also said that her latest report would provide more information to the report she made in May, also to the MACC, against Tengku Adnan on the conflict of interest in the Taman Rimba Kiara issue.
The KLCP 2020 was gazetted last month and has been on public display at the DBKL headquarters since Nov 12.

However, there has been a lot of backlash from civil society groups as the plan was gazetted despite containing known violations. -FMT

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