No planning approval for proposed development
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No approval: The site reserved for a community hall in BU11 that has been proposed for building 17 shops.
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The proposed projects to build 17 three-storey shops on a site meant for a community hall in BU11, Bandar Utama, and 112 link houses for a religious school in Section 10 Kota Damansara will not take off in the near future.
Petaling Jaya city councillor Derek Fernendez, who is a member in the One-Stop Centre (OSC), said the projects did not have a valid planning approval under the Town & Country Planning Act 1976 (TCPA 1976).
“As such, no development can be carried out. Section 19 of the TCPA 1976 prohibits any development without planning approval,” he said.
According to him, MBPJ received an application for planning approval from the developer, Syarikat Johanjana Corporation Sdn Bhd, on Feb 2 to develop the land in BU11.
Fernendez said the surrounding residents were duly notified and a signboard was erected on the site.
The council had also allowed individuals other than the neighbouring residents to make comments and objections even though that was not required by the Act, he said.
He said the objection hearing was postponed because the objection period was extended for a further 21 days, and some residents had requested for the BOT (Build, Operate and Transfer) agreement between MBPJ and Johanjana signed under the previous administration.
The privatisation sub-committee is to decide on the release of the BOT agreement as well as its validity. A date for the objection hearing will be fixed thereafter.
“In my opinion, residents are entitled to challenge the validity of the privatisation agreement and also object to the proposed development in accordance of the law,” he said.
He said 19 objections from the neighbouring land owners and 134 from residents had been received.
As for the proposed project for a religious school in Kota Damansara, the land was converted from religious to housing under the previous administration and MBPJ had on Oct 27, 2005, granted planning approval for the development of 112 terrace and semi-detached houses on the land.
The good news is, this planning approval has lapsed on Oct 27, 2006, and so far there has been no new application.
The new application will again have to go through the public objection process and be decided upon by the OSC in accordance with the Act.
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