Dec 112008
 

Compare and contrast the Selangor and Penang governments’ contrasting stands on hill-slope development. Both of them are under Pakatan rule, but look at the difference in their positions. You tell me which sounds more principled…

The Penang government’s position from the Malaysian Insider:

KUALA LUMPUR, Dec 10 — Penang’s Chief Minister wants the federal government to set up a geotechnical engineering unit under the Public Works Department to ensure the safety of all hillside developments.

In light of the latest landslide incident in Bukit Antarabangsa which killed four people, Lim Guan Eng said Malaysia should learn from the painful experience and emulate Hong Kong, where 80 per cent of the buildings sit on slopes.

Says one long-time Penang resident:

A good reflection of where this DAP government stands with regard to hill-slope development. Very business friendly….

Lim Guan Eng knows full well that the Federal Govt will NOT implement such a suggestion. But he makes it anyway so he looks good, like he cares but in effect, he does not. Because, if he really cared (for public safety), instead of taking care of business interests, he would have called for a full moratorium or stop on hill development in Penang.

This perception is by no means an isolated one among those concerned about the environment in Penang. The following is a comment from another long-time resident of Penang, a foreigner who “is saddened by the destruction of Penang’s once beautiful north coast, where Moonlight Bay has become ‘Moonscape Bay’ and a disaster waiting to happen.”

I never thought I would see it but awareness and sentiment finally seem to be moving against the madness of clearing and building on dangerous hill slopes.  It is a pity though that Penang is still far behind Selangor in taking the necessary measures to prevent further tragedy and environmental degradation.  Selangor Exco member Elizabeth Wong’s article “Bitter vindication” in theSun 10 December p.16 should be read and disseminated widely. The issue really is one of putting “people” ahead of “profits.”

This is theSun report he was referring to:

Bitter vindication
by Elizabeth Wong

ONE of the earliest policy decisions by the Pakatan Rakyat Selangor government was to throw out any housing and building applications for Class 3 and Class 4 hillslopes to preserve environmentally sensitive areas and prevent landslides. This was decided at an executive council meeting on April 2.

Selangor became the first state in the federation to have complied with the Federal Town and Country Planning Department’s Total Planning Guidelines 1997 (2nd edition, 2001) which states that no housing development should be allowed on slopes with 25° and above gradients.

Developers thought it was a late April Fool’s joke. Since our ban, they have used all means – the media, blogs, lobbying by state reps and MPs etc to change our minds. We were vilified as “anti-business” and “anti-development”. I have even had some of our Pakatan MPs asking us to make exceptions for Class 3 slopes.

I was told they particularly disliked me and called me “lan-si” (arrogant) just because during a public meeting of developers, NGOs, residents and the exco, one of the key developers questioned how the state government could stop hillslope development, and I answered, “Because we can…” And none were too happy when I had to repeatedly wave the Total Planning Guidelines book at them.

And every couple of months, we have had to repeat our policy decision. Even as recent as last month, developers were insisting that they had the right to develop hill slopes and some had told a couple of exco members that they were planning to sue us. One of them said we would have to compensate them RM330 million (25% of our state budget) for possible loss of profits. Imagine the pressure of a lobby group whose combined income and assets dwarfs the state government!

Saturday’s tragedy proves the correctness of the decision of the state government. But vindication which comes after the loss of four lives and more homes is unspeakably bitter. There are some 5,000 residents living in the vicinity of the Bukit Antarabangsa landslide who face uncertainty and may have to vacate their homes.

We ask that developers stop pursuing and pressuring us to review our policy, and instead thoroughly go through every single technicality of their existing hillslope projects.

While Ikram and the Public Works Department are responsible for pinpointing the cause of the tragedy, the state government will immediately review all approved hillslope projects by the previous administration, whether standing or partially built.

Those where there is no construction yet but approved before March 8 should not be allowed to proceed, especially along the same range of Bukit Antarabangsa and Hulu Kelang – which should include Taman Hijau and Bukit Melawati.

We had come too late. Many of the hillslope projects have been standing for a number of years, some were half completed when we came into power. Without proper maintenance of slopes and drainage on these private lands, tragedy will strike after many years, always after the period of indemnity is over. Those areas shown to be prone to landslides such as in Hulu Kelang, where the Public Works Department had flashed its red card in 2005, more stringent conditions will be imposed on existing projects.

All developers and private land owners have to protect and reinforce their own hillslopes if they want to continue to prosper, own property and do business in Selangor. We recently received complaints from Ampang, Kajang, Cheras and Pandan where private landowners and developers have neglected to protect hillslopes and there are already signs of wear and tear. Some have used plastic sheets and some said they were bankrupt and don’t have the funds to repair their slopes. Whatever. If they do not do the necessary, we will blacklist them.

We ask that “people” be put ahead of “profits”.

We are heartened that finally, after eight months of battling the housing industry, the federal government has come to our side to give Selangor, both the moral and policy support it needs, with both the prime minister and deputy prime minister calling for all hillslope development permits to be cancelled.

We can only hope the federal government doesn’t forget Dec 6, 2008 – like what had happened to Highland Towers (1993); Taman Hillview (2002) and Kg Pasir (2006) – which was less than a kilometre from Saturday’s landslide. Lest the lives lost would be in vain.

The writer is assemblywoman for Bukit Lanjan and state executive councillor in charge of the environment. Comment: letters@thesundaily.com

  39 Responses to “Hill-slope projects: Contrasting positions of S’gor and Pg”

  1. With all these hill slope houses continue to crumble in Malaysia, who in the right mind will purchase those units in the future? Stop or non stop of those housing projects are just for non brain er since no demand will automatically lower these types of construction in the country.

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  2. Anil, I live in Batu Ferringhi. Mark my words… it will happen! Everytime there is a heavy drizzle, the entire Batu Ferringhi roads are covered in mud. But if you look at the sea water, it also turn cloudy and muddy too.

    LGE should not even give it a second thought, he should just banned all hill slope development. What is he trying to prove?

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  3. mr anil, dont make me swear and curse to you.

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  4. The problem in Malaysia is that those who are responsible for the acts of commission or omission are not brought to book. Rules regarding buildings are made to ensure they are safe. Technology exists to make slopes safe, but would the requisite money be spent or will we see cutting of corners?

    Slopes are dangerous – it seems with modern engineering can make it safe. Hong Kong is a good example; on the other Penang has much more land to develop ie there is no need for hillside developments.

    Making those slopes safe cost money, and these houses are not cheap either. Given the risk, are people willing to spend money to make the slopes safe for dwellings? How would enforcement be? Buyers must also be aware of the risks they are taking when buying such property; it would be ingenious for the developer to pass the buck to the local authorities, who in turn are immune to proceedings !

    In any construction plan, soil stability is a must. Apart form hill slopes, we have also heard of sinkholes – this can also lead to loss of lives and cause economic damage, not to mention disruption of people’s lives. Disused mining pools have somewhat uncompacted soil, many sites have been filled in and are now sites for residential properties. In many cases we can see cracks as the soil settled underneath; how this affects the structure of a building is unknown. In Penang, we also have reclaimed land being used widely for industry and residences.

    A few years ago, there was the incident of a riverbank collapsing after a heavy downpour, killing a number of people in Sabah. This is also another issue waiting to be addressed – dwellings along major flooded rivers.

    I am not sure how thess issue will end up, but please, let’s hope we will no longer hear of such tragedies.

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  5. The issue really is one of putting “people” ahead of “profits.”<——–some profits are for the people and takeing care of the people. without money what a can u do really? ask from federal government? as long as the guidelines and rules are being followed by the developer to ensure peoples safety, i have no problem with development.

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  6. About time for Penang state government to wake up or the island might sink one day. Yes, you can look at Hong Kong but please see the differences, location, surrounding, the wind blowing, the season and the landscape that was created by GOD.
    LGE, do you want people to write history on Penang or writing and reciting poetry on the sinking and diminishing island in the future. You have the choice and you make decision.
    Just remember no matter how much development you want to do in Penang but don’t make it as an excuse to disregard present public safety and the safety and the life of the future generation.
    Science and technology is not the full proof answer to development and profit should take second to safety.
    Will it be “The tales of LGE and the sinking Island” that is to be read by future generation.

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  7. Has the ACA stepped in to investigate the 99 hillside projects that were approved during the former CM’s time? Did the approvals meet the necessary requirements of hillside developments. If the projects failed to comply, the the licenses should be withdrawn.

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  8. I think Lim Guan Eng has literarily less room to maneuver in Penang. There’s precious little flat land left on Penang Island.
    I myself live in a house on a hill slope (not too steep and not very high slope in my mind – but who knows ?)

    So the solution in Penang is more likely ensure good hillslope engineering, strict monitoring and maintainance of the slope.

    Hillsides NEED TO BE MONITORED AND MAINTAINED. That’s the key lesson from the Hong Kong experience.

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  9. Talk and talk
    Hillside developments carry on
    When lives are lost
    The authorities walk about

    For the next few months
    The officers will be busy carrying out tests
    Put it on records then it is quiet
    The old habits will return
    Hillside developments will flourish

    Highland Towers’ tragedy
    The government never learns
    15 years ago it happened
    Lost of lives buildings brought down
    Many fingers pointing
    In the end it was laid to rest

    Now it happens again
    4 Lives lost in the landslides
    The authorities starting to push around
    No concrete remedial measures
    The government never learns at all

    The law sleeps quietly
    Corruption breeds effectively
    Stash the wealth lives secondary
    Now the buyers should be aware
    Don’t buy into tragedy

    Forget about Feng Shui
    You are going to be buried for greed
    When nature seeks her vengeance
    She will not give a second chance

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  10. I agree with Han2 above.

    The landslides in Batu Ferringhi are disasters waiting to happen and the potential victims are going to be the innocent vehicles travelling along the costal road on that fateful day.

    LGE is totally oblivious to the impending disaster.

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  11. Hello Anil,

    Been following yr blog for a while, mainly through links from Malaysiakini.

    You know, while constructive criticism is good & healthy, continuously negative drivel like what you’ve been writing about Penang Govt up to now will just shut people off from listening after a while… and I am saying this not as a Pakatan supporter.

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  12. I agree with Han2, it is just a matter of time before somethign happens to the batu Ferringhi road as the 2 big projects there is causing a hell of a nuiusance and inconvenience……..

    maybe…our DAP lead gomen is not much different fr the old Gerakan gomen…..as till now I hav yet to see them being proactive in making sure all hill-slope projects are really safe…..

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  13. Belle on, “profits for people” who are you trying to kid?
    Development is fine..but we need sustainable development. Not the kind that wreaks havoc, kills people and damage properties.
    Why is the CM using Hong Kong as an example? We are no where near Hong Kong in terms of government resources…and capabilities. See http://www.tanjongbunga.blogspot.com. The government should concentrate on human development in Penang to attract foreign investments in our industrial sector.
    The DAP government is soliciting donations from developers to build its own headquarters and will therefore continue to be developer-friendly.

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  14. LOL…

    I’ve been repeating like the trillion times…

    Why not (you) just oppose every single thing that a (Penang) government suggested?

    Business friendly? People friendly?

    People slam the government for bad economy… People slam the government for spending time to study slope?

    Penang doesn’t have much more land… with the call of building this and building that on such a small state, and especially with it consists only <5% state land… something need to be done…

    Penang is no Selangor where you have cities mushrooming along the Klang river, and barren lands surrounding it… And just to correct what commenter mut said, Hong Kong has a total area of 1104 sq km, while Penang state itself has a total area of 1046 sq km. Penang is slightly smaller than Hong Kong. (Hong Kong consists of 3 parts, HK island, Kowloon and New territories aka “san kai”).

    Slope management is a must. I don’t see anything wrong with Penang CM calling for better slope management, calling for Geotech engineering department to examine all the hillside development. It is actually extremely important to do so. And on top of that, the guidelines should be developed into legislation, to ensure that no development was to carried out in steep slope (level 3 and 4?), and a more costly long term monitoring to be installed… I’m pretty sure even in HK, no development is allowed over the steep slopes, no? So what is wrong with emulating the HK’s experience?

    If I’m not wrong I read in the newspaper report that the CM wanted the developer to pay more money and carry out more often monitoring over the slope management… I wonder how wanting the developer to fork out the money is going to be “business friendly”…

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  15. Just to add a bit more…

    HK island itself is almost 1/4 of Penang island, but together with the other 2 parts, it ends up about the size of Penang Island + Seberang Perai. One thing for sure, Penang has much worse transport system compared to HK…

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  16. Let’s imagine beyond our horizon on Municipal’s immunity syndrome:-

    1 It is arguable when we have a Capitalist regime, it tends to favor it’s affiliated bodies as compared to others. Easier to work in this scenario

    2 In a Capitalist regime and if I am immune from law suits for any wrong doing, then it is presumably PRODUCTIVITY will increase without fear but maybe with favor!!!

    3 Tapalah, kita boleh buat apa-apa, bukan dia boleh sue sama kita!!! Suka hati kita lah…. Sini sana approve salah tak apa lah!!! Kena sue it developer mah & bukan kerajaan!!! Bodoh, you tak mau kah? Relax brother!!!

    4 Oh my God! There is another land slide! We, the municipal council stress all Good Corporate Governance! Our SOP (Standard Operating Procedure) is in accordance to the law! Bukan dia boleh buat apa-apa! Relax brother! We are immune!

    5 Hey Kawan, you punya rumah sudah banyak crack lah! Ini bahaya! But in his heart, “ahh how to answer to my boss lah when he ask how we approve the CF?”

    Well Done! You have promoted Lackadaisical Attitude with your immunity laws!!!

    Ohh! Criminal negligence ! Itu bukan saya! Itu Developer mah!!! Dia giam liau mah!!! Bukan dia boleh sue sama kita???

    We have a screwed up combination – an irresponsible developer versus an immune municipal council. Nobody can change this fact!!!

    I am sure there will be more tragedies yet to come and more innocent lives to be taken!

    No point debating or writing good essays on the dead/ aftermath! Instead preserve the living by setting up task force to monitor all sites (not only hill sites but ALL buildings) that may pose a danger for collapsing!

    We can prevent this from ever happening again and if it does, our conscious will be clear – I have done what I could and that’s it…………………….

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  17. You think developer is crazy to build something up on a hill if there is no demand? Buyer must be educated first. The media educate people more on car buying than property.

    To stop buyer will want compensation, not stop will cost lifes. How? ask Koh Tsu Koon as task force head and see if he agrees. ‘ Lu si lu eh su’(u die not my problem), he’d say.

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  18. Anil,
    The disaster is hitting very close to home too. In our apartment we have been hit twice by flooding this year from Sep-Nov. One was major,and the 2nd one receded as the rains subsided. In 2000, we had worked with USM to control the level of the lake water. However, now with the at least 3 construction sites upstream, that is, the 2-3 major hillside projects along Bukit Gambir and also the clearing of the slopes by illegals, have resulted in a greater run-off of water flowing downstream. This in-turn fills up the USM lake faster, and within a couple of hours, the water back-fills into our apartment. Just look at the hills of Bukit Gambir, and you will see the no of illegal clearings by illegals.

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  19. If Lim Guan Eng goverment cannot handle these hill slope development properly, Penangite should not vote them anymore in next election. Don’t give excuse that Penang scarce of land. Give priority to Penang’s nature such as beach, hill and park. Don’t overdevelop Tanjung Bungah-Batu Feringghi area. This area should be left green. DAP candidate will not get my vote in the next election if they don’t put nature first!

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  20. I remember the advertsement on saving the sharks and the wild life.

    When the buying stops, so will the killing!

    You want to stop the developers? Easy! Stop buying hillslope properties.

    We can all make hill slope properties not worth a developers interest by giving it absolutely no value.

    Fine let the rich and super rich build some fine houses there which are properly landscaped and with just one dwelling in every couple of acres or so. But to congest hill slopes with condos is quite another.

    For those thinking that if they can do it in Hong Kong, so can we. Maye they got to find out first the make up of the soil and land over which the built up area resides. I recall walking dwon from The Peak the feeling of waling mostly over hard rock surface. Over here onthe other hand it would seem like most of our hills are fine soil and clay. Well, this side, leave it to the soil engineers to explain further…But for a mere nobody like me, I know when I am standing on the surface of a rock and when I am standing on quick sand!

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  21. Open letter to Anil,

    We dare you publish this letter.

    You have no right to write or publish any thing that is critical toward the present state government but you can hentam the previous administration.

    The eunuchs & the apologists have every right to swear & curse at you if you failed to toe our line.

    it doesn’t matter if what you said is right, as long as you are critical of our prince, you are wrong & damned wrong, deserved to be cursed.

    we, the eunuch & apologists are monitoring your every move, so you better make us happy

    Eunuch United & Associate

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  22. If we are to progress as a nation, then we must recognize that what we have for the past years is not “Progression” but “Regression”. For a nation so rich in natural resources and an initial heritage of receptive and creative people, any growth of our nation (as we must not deny) is in my mind not a spectacular one. Our leaders (not necessarily restricted to BN), especially in the last 25yrs or so, have slowly been spending away what we have. In one way or another, we all played a part in that. The question remains, do we continue to allow them to do so and we as well?

    I have to agree to your comments on DAP. As much as we laud the “change” they speak of, their action is too much stuck within the paradigm shaped by our past. Whilst I understand their reticent in confronting the business establishment as a force for change, I feel they are prone to not seeing the wood from the trees.

    The issue is that whilst regulations exist, our approving authorities are ill equipped. As many of you will know, experts have gone elsewhere rather than remain in the Majlis Bandaraya whatevers. So, how could they have understood any developer’s plans, far less monitor etc.? Why should the developers provide proper and safe designs when the approvers or inspectors could be so easily bamboozled and some might say paid off? Ethically business died along the way in our regression.

    If I am seeming to defend CM Lim Guan Eng, perish the thought. In the light of the deficiencies, I expect him to stop all future approvals and issue stop orders to all hillside development. The onus of proof of safety rests with the developer. Lacking in expertise, Penang should appoint an independent and competent engineering group to do the review and approvals. Until such time when mandatory safe hillside development regulations and adequate inspection agencies are in place, lives come first.

    CM Lim Guan Eng should be the last person to really believe the current government would have the capability to set up anything useful in the current decade, far less in the next year. Is he falling foul to old politics?

    That’s why I refuse to be in DAP. There are still too many old guards and stalwarts that have their own agenda. We, Malaysians have long been trained not to see the wood from the trees. We have to re-learn our ability to make a difference and continue to challenge those that claim to have our interest at heart.

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  23. I have tried to raise the attention of some online press to the Penang CM seemingly ambiguous standpoint on the hillside development isuues. No one seems to be interested, perhaps it’s not salient to critisize the PR government now..

    Anyhow, thank God Anil this did not escape your sense. Just wish to bring a few points worth paying attention regarding the “Commission” set up by CM on hillside development.

    1. Of the six or seven memebers team, two identity were made public. Who are the rest? If the government is a CAT one, current position, and their CV on the Penang government website.

    2. Of the two members who identity made known, Prof Goh is a professional engineer, teaching in USM. Dr. Gue See Sew is the boss of one of the largest geotechnical consultant in Malaysia, and a former IEM president. While their professional experience unquestionable, their interest in hillside development could be quite obvious.

    3. That makes it more important to disclose the whole “Independent” team member, are they well composed of members from different sectors so the “interest” are balance up. If the whole team is none other than practising engineer / geologist from private or public sector, their independence are questionable. To stop hillside development means to stop reduce their sources of income.

    Taking an economic seat in Air Asia doesn’t make a good CM. Keep a CAT in the smart shop – and keep on the political gimmick till the next election

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  24. I just happen to visit your blog not long- sometime on September and it’s fabulous with updated info and alignment in clarity and in space.

    Hey mate, you are the top rising blogger more popular than RPK and Sloone. Wow!

    http://sloone.wordpress.com/2008/12/11/almost-couldnt-believe-my-eyes-when-i-saw-this/#comments

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