Condo residents’ bid to stop hillslope project in Penang thrown out

 

Sunrise Garden Condominium residents had appealed against the Penang High Court’s decision which had ruled in favour of the developer.

PUTRAJAYA: Residents of a condominium in Sungai Ara today lost in their appeal to set aside the decision of the Penang Island City Council (MBPP) to grant planning permission to a builder to develop a housing scheme on a hillslope.

Court of Appeal judge Yaacob Sam, who chaired a three-member panel, said the court agreed with the High Court’s findings and affirmed its findings and decision.

“We find there are no merits in the appeal which warrant us to exercise our appellate intervention. We unanimously dismiss this appeal,” he added.

Justice Yaacob said the court agreed with the submission by counsel Cyrus Das, representing Sunway City (Penang) Sdn Bhd, that the structure plan prescribed general policies for development within the state and is not to be treated as a piece of legislation.

He said the planning policies in the structure plan needed not be slavishly followed by MBPP, as a local planning authority, when dealing with the planning permission application.

Presiding with him were Abdul Karim Abdul Jalil and Lau Bee Lan.

The residents of the Sunrise Garden Condominium, represented by Gurdial Singh Nijar, were appealing against the Penang High Court’s decision in May 2017 which ruled in favour of Sunway City.

On May 29, 2017, the High Court allowed a judicial review filed by Sunway City and quashed the decision of the Penang Appeal Board in setting aside the planning permission given to Sunway City to develop the land into a gated and guarded housing scheme.

MBPP had approved Sunway City’s application for the proposed development in February 2012.

The land measuring a total area of 32.7ha is situated within the Sungai Ara area at an elevation of more than 76m above sea level with a gradient exceeding 25°.

The residents had appealed to the Penang Appeal Board against MBPP’s decision to grant the planning permission and in January 2016, the board set aside the planning permission.

Sunway City then filed a judicial review at the Penang High Court. It named the board, MBPP and the residents as respondents in its judicial review.

In the judicial review, the developer sought among others, to quash the appeal board’s decision and a declaration to maintain the planning permission granted by MBPP to Sunway City. - FMT