News: Taman Desa Residents Sue DBKL for Violating Laws, Endangering Residents' Safety

Nov 14, 2017

 
Some residents of Taman Desa have sued Kuala Lumpur City Hall (DBKL) for violating zoning regulations when it approved the construction of a condominium on land set aside from utilities and a public green space.

“The Mayor approved the Planning Permission despite the fact that the land for the proposed development has been gazetted as Tenaga Nasional Berhad (TNB) reserve land and not residential land. The land was marked as for utilities, and not for development,” said one of the 11 plaintiffs, KY Khong.

“Further, according the latest city plan, the land for the proposed development is proposed to be gazetted as a green lung,” he told reporters on Saturday (11 November, referring to the 2020 KL Draft City Plan.

The 11 plaintiffs are residents of three adjacent condominiums that will be impacted by the project, namely the 13-storey 1 Desa with 104 units, the 13-storey Desa Eight with 24 units and the 10-storey Tiara Faber with 320 units.

Prior to the filing of the lawsuit, DBKL said in August 2016 that it had received an application for planning permission for the 649-unit condominium project known as The Address.

There are also concerns that that construction of the said high-rise could jeopardise the safety of nearby residents as it’s three to four times higher than existing condos in the area.

In fact, not only will it increase, the area’s population density from 60 persons per acre to 650 persons, it will also feature three blocks of 34 to 42 storeys high.

After residents lodged their opposition to the project, DBKL held an objection hearing on 21 September 2016, but city officials allegedly failed to answer some important queries and no longer conducted any meetings regarding this.

Although the attorney representing the residents had written to city hall to immediately inform them once the project is approved, residents said that they were “never informed” and there was no reply to their letter.

Then last February, the residents came to know that DBKL greenlighted the project on 13 December 2016 based on an online check with Housing Department’s One Stop Centre Portal. Thereafter, the residents sued city hall on 13 March 2017.

On 18 April, the Kuala Lumpur High Court granted leave to the residents’ application for judicial review, and the plaintiff also applied for a stay order on the planning permission on 22 August.

The court has not yet scheduled a date for the judicial review hearing, but will assess on 29 November the developer’s application to be made a party of the case. This will be deliberated first before the residents’ application to stop works are heard, explained the residents’ attorney Syahredzan Johan.

Meanwhile, a visit to the construction site show that land clearing works are ongoing.

“How can they commence work when they have not complied with requirements of local councils by getting relevant permit applications first?” Khong asked

“All these hoardings, they have to get permits to hoard this place, where is the permit?”

 

Image sourced from Yahoo Singapore.

 

This article was edited by the editorial team of PropertyGuru. To contact them about this or other stories email editorialteam@propertyguru.com.my

 

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