High Court halts Sky City project in Genting Highlands

 The court says the project breached hill development rules and orders six defendants to pay RM2 million in costs to Genting Malaysia Group.

The High Court in Kuala Lumpur ruled that the proposed Genting Sky City project violated hill development guidelines and the National Physical Plan.

KUALA LUMPUR:

 The High Court here has ruled in favour of Genting Malaysia Group in its suit against the proposed Genting Sky City development, saying it contravened development guidelines and the National Physical Plan.

In delivering her judgement, Justice Aliza Sulaiman ruled that excavation works at the site posed a serious threat to the stability of a slope.

“There was no extant, valid and subsisting planning permission for the proposed project in whatsoever configuration of blocks,” she said.

Aliza also ruled that excavation works were carried out without valid earthworks approval or approved building plans.

“The project contravenes the guidelines on development planning in hills and highland and the National Physical Plan,” she said.

She also ruled that the main road in Genting Highlands is a private road and granted an injunction stopping further excavation works.

The suit was filed in 2020 by Genting Highlands Bhd, Genting Malaysia Bhd and First World Hotels & Resorts Sdn Bhd against developer GM Aero Support Sdn Bhd, contractor Sycal Bhd, consultant engineer Lau Yee Sum, structural engineering firm Perunding Rekacekap Sdn Bhd, architect Lee Yong Chiew and town planner Zahiruddin Zainal.

Sycal is a subsidiary of Main Market-listed Sycal Ventures Bhd.

The court also dismissed a counterclaim filed by the six defendants and ordered them to pay RM2 million in costs after a 76-day trial that began in 2022.

The plaintiffs in the suit had claimed that the project was located on steep hill slopes, which could destabilise land in the surrounding area and result in damage to the existing developments in its proximity.

The group said the Genting Sky City project violates the Guidelines on Development Planning in Hills and Highlands, as a substantial part of the landscape is a steep hillside with slopes at a gradient ranging from 25° to 35° or more, where development is prohibited.

It said the development proposed to be built on class 3 and class 4 slopes near First World Hotels & Resorts raised the risk of landslides, structural damage and possible building collapse.

The plaintiffs also said excavation, piling and slope-cutting works had already begun around November 2019 despite the lack of valid approvals from the Bentong Municipal Council under the Town and Country Planning Act 1976 and the Street, Drainage and Building Act 1974.

Lawyers Teh Eng Lay, Andy Gan, Lucas Chong, and Bryan Yau appeared for the plaintiffs, while counsel B Thangaraj, Wong Li Wei and Tan Jia Shen acted for the defendants. - FMT