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Friday, September 27, 2019

DBKL should rule out condo on institutional land, says lawyer

Wisma WIM along Jalan Abang Haji Openg in Taman Tun Dr Ismail.
PETALING JAYA: An expert in local council and town planning laws has urged the Kuala Lumpur City Hall to rule out any plans for a condominium on a piece of land in Taman Tun Dr Ismail (TTDI) amid concerns by residents and NGOs about traffic congestion and overdevelopment in the area.
Lawyer Derek Fernandez said the Kuala Lumpur City Plan 2020 showed that the strip of land along Jalan Abang Haji Openg was designated for institutional use only.
This follows reports of an intense promotional campaign for a proposed serviced residence in TTDI.
According to advertisements circulating on social media, the serviced residence is to be built on a piece of land occupied by the National Council of Women’s Organisations (NCWO) and Wisma WIM, which is owned by the Women’s Institute of Management.
FMT recently sighted a presentation slide deck proposing the construction of a 37-storey condominium on the NCWO land.
If built, the condominium will tower over homes and NGO offices along Jalan Abang Haji Openg.
A page of the Kuala Lumpur City Plan 2020 shows the strip of land (in red) along Jalan Abang Haji Openg is designated as institutional land.
Fernandez said by right, no commercial or residential development should take place on the site.
“Based on the draft Kuala Lumpur City Plan 2020, which was displayed for public hearing and supposed to be passed in 2011, the whole area is zoned as a public open space.”
He alleged however that the controversial plan gazetted by Federal Territories Minister Khalid Samad in 2018 contained “serious deviations” from the draft which were never displayed for public hearing.
He said some of the land was designated as institutional while the status of a large parcel was changed to residential.
“I believe these matters are in court,” he added, referring to the change of open space to residential land.
“But the lot in question – the NCWO land – is clearly gazetted as institutional land.
Derek Fernandez.
“If there is an application for a development order for the land to be used for commercial or residential purposes, it should be summarily rejected on the basis that it contradicts the Kuala Lumpur City Plan 2020.”
Fernandez said the Kuala Lumpur mayor has the power to reject such applications and urged him to do so, to prevent undue stress over the matter.
He also advised stakeholders, including residents and NGOs, to seek clarification and guidance from their MP.
Segambut MP Hannah Yeoh previously told FMT she had been alerted to a proposed development on a piece of land in the area, and that she had written to the mayor regarding her concerns.

She said any proposed developments should be in line with the gazetted plan, and that the surrounding area and existing infrastructure would not be able to sustain a commercial development. - FMT

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