Court dismisses activist’s challenge against Lynas PDF planning permission

The Kuantan High Court today dismissed a judicial review application from anti-Lynas activist Tan Bun Teet to challenge the planning permission granted to Lynas Malaysia Sdn Bhd to construct a permanent disposal facility (PDF) in Gebeng, Kuantan, in Pahang. 

Delivering his judgement today, judge Zainal Azman Ab Aziz said Tan is not adversely affected by the PDF as the latter does not reside near the site in Gebeng. 

Zainal said the state had in January alienated the land and approved it for the construction of the PDF, adding that the nearest residential site is 2.5km away.

“There is no contravention of the law and it is within the approval and decided by the state, and there is nothing illegal,” he said today. 

The planning permission was granted by the Kuantan City Council to Gading Senggara Sdn Bhd on Jan 28, 2022, to construct a PDF to permanently dispose of radioactive water leach purification (WLP) residue produced by Lynas.

Tan previously filed the application against three parties - the Pahang State Planning Committee, who reviewed the development proposal submitted by Gading Senggara for the construction of the PDF and the planning permission; the Kuantan City Council; and Gading Senggara.

In his application, Tan sought the court’s declaration that the planning permission granted by the city council to Gading Senggara allegedly without complying with the mandatory provisions of the Town and Country Planning Act 1976, rendering the planning permission void.

Tan, who is chairperson of the environmentalist group Save Malaysia Stop Lynas (SMSL), also sought for the court to quash the planning permission for the construction of the PDF.

Speaking to Malaysiakini, the applicant’s counsel Gurdial Singh Nijar said the case raises fundamental issues pertaining to planning approval for projects of this nature, which have major implications for the planning law.

“We have instructions to appeal,” he said in a brief response to Malaysiakini.

Meanwhile, Tan is of the opinion that the judgement is debatable. 

“Although we are disappointed, we will press on. We will appeal,” he said briefly. - Mkini