Millions in compensation?

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Should lapsed planning permissions be automatically renewed? Or can they be modified or revoked altogether in the public interest? Would that result in the local authority incurring millions in compensation payments to developers?


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Section 25 sub-sections (7) and (8) of the Town and Country Planning Act 1976 under Revocation and modification of planning permission and approval of building plans are relevant. Note that if planning permission is revoked in the public interest, compensation is limited to expenditure actually incurred (and the Council has the right to determine what it feels is adequate) and NOT, as is repeatedly implied, for loss of future profits running into colossal figures:

(1) If it appears to the local planning authority to be in the public interest that a planning permission granted under subsection 22(3) or an approval of a building plan given under any of the Town and Country Planning 47 previous local government laws should be revoked or modified, the local planning authority may order the permission or approval to be revoked or modified to such extent as appears to it to be necessary….

(7) If a planning permission or an approval of a building plan is revoked under subsection (1) and the person to whom the permission or approval was granted claims from the local planning authority,
within the time and in the manner prescribed, compensation for any expenditure incurred by him in carrying out works to implement the permission or approval prior to its revocation or modification,
the local planning authority shall, after giving the person a reasonable opportunity to be heard, offer such compensation to him as the local planning authority thinks adequate.

(8) Where a planning permission or an approval of a building plan is modified under subsection (1), the local planning authority shall reimburse the person to whom the permission or approval was granted the costs actually and reasonably incurred by him in implementing the modification, being costs that he would not have incurred had the modification not been ordered, and shall compensate.

This threat of ‘millions in compensation’ should be seriously challenged. We also badly need law reform to ensure public interest is unambiguously protected.

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ong eu soon
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ong eu soon

Why the state government refuse to adhere to the Penang Structure Plan? The following excerpt from the article “Who’s the Ultimate Planning Authority in Malaysia? Reviewing the Powers and Role of the Appeal Board” give a bit of insight into the problem: Amongst town planners in the government service, the prevalent view is that the State Authority in deciding on the applications for conversion under the land law should abide by or comply with the policies as laid out in the structure plan which was approved by the State in the first place. The States have not surprisingly been reluctant… Read more »

ong eu soon
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ong eu soon

We expect the state governments especially the one from PR to rectify the problem once they are in power. Sad to note that once they are in power, they behaved like their BN counter-part refuse to abide by the Structure Plan. So why vote for change when the status quo remained unchange?

ong eu soon
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ong eu soon

Come clean on hillslope projects LONGSTANDING ISSUE: The frenzied clearing of hills on Penang island has alarmed not only residents but also several groups. Penang Malaysian Nature Society adviser-cum-spokesman and long-time social activist D. Kanda Kumar talks to Sharanjit Singh about what is happening Question: What is the Malaysian Nature Society’s view on the rampant hillslope development in Penang? Answer: The Malaysian Nature Society (MNS) had highlighted the problem 30 years ago. It has been a longstanding issue. In the beginning, most of the hills were cleared for agricultural purposes but, now, it is mainly for the construction of high-rise… Read more »

Sze Tho
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Sze Tho

I have read several articles by the said reporter Sharanjit Singh. He writes for The Star Northern edition. Both he and aH Soon share a common thread, a personal agenda against the state gov. Back to the issue. The whole process of development approvals and guidelines need to be improved. That much we can all agree. The issue of affordable housing too, needs proper accounting. We need enough to support the needs of the population, and within reasonable density limits too. What we DO NOT need is a knee jerk reaction, just for political expediency. Fair comments, but not wild… Read more »

ong eu soon
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ong eu soon

Sharanjit Singh only interview. It is Kanda Kumar who give the answer. Kanda Kumar is with Anil in the Penang Forum. Why blame Sharanjit Singh? Blame Anil or Kanda Kumar, if you want.

Sze Tho
Guest
Sze Tho

Anyone who has studied the subject of communication will tell you, the flavour of any interview can be greatly influenced by the way a question is asked, and how it is worded. Hence with this particular Star reporter, if he had an agenda , his choice of questions would ultimately lead to a certain direction. For example: he asks about the current governments’ response and action, but he did not ask questions or make reference to the history of those projects under BN. As is his choice of words, ie rampant development, save the hills etc. The modus operandi of… Read more »

ong eu soon
Guest
ong eu soon

Sorry! Sharanjit Singh is not from the Star.

Sze Tho
Guest
Sze Tho

If its not THe Star, then it’s the NST. The point is the same, or don’t you “get it” thru your thick skull?

tunglang
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tunglang

Quote: The problem is, developers are telling the state government what is good for Penang instead of the state government dictating to them what is needed for the island. Question: A state executive councillor has revealed that the whole process at the council level is corrupted. Do you agree with this statement? Answer: Yes, it has been going on. Developers seem to have a stranglehold on them (the council). Is this the desired state of administration & development for Penang? If one says that NGOs are lying, why dare to make a revealing statement? I leave it to Penangites to… Read more »

ong eu soon
Guest
ong eu soon

I have been with Aliran since the day it published it’s 1st quarterly with a dollar note on the cover. I learned from one of the Aliran article that the appeal board can not be challenged. When lgE made his stupid misleading claim, I have a good laugh. I know when the time is right I will finish him off from Penang politic. A guy who is trust with tax payer money, should learned not to compete with me to see who has the biggest mouth. lgE has become too arrogant. The famous lao zi said that the moment when… Read more »

ong eu soon
Guest
ong eu soon

lgE probably think that big mouth is more sexy!

Sze Tho
Guest
Sze Tho

Wow,you actually reply to your own posts?

Hmmm….means you talk to yourself a lot, huh?

🙂

ong eu soon
Guest
ong eu soon

Tunglang, Copied and pasted an idea from you to seal lgE’s fate. When the state government agreed to give RM20m in compensation to Boustead Holdings Bhd , Lim Guan Eng said the state has to negotiate a settlement with the developer, failing which the state risks facing lawsuits amounting to hundreds of millions of ringgit. This is totally untrue and misleading. The decisions of the planning authority and the appeal board can not be challenged in any court of law, how can there be any lawsuit? Lim Guan Eng has since make use of this baseless claim to silent critics… Read more »

Sze Tho
Guest
Sze Tho

Thanks for the info, aH Soon. BTW, where did you do your law degree?

Oops, but then you didn’t did you? In that case, I guess we should add this to the previous fairytales that you have been telling.

Get well soon.
🙂

ong eu soon
Guest
ong eu soon

i am not a lawyer, i am an engineer. that does not stop me or disqualify me from commenting. I did serious home work, google for the doc, download it, read and study it before I open my mouth. Young man you think that I am only in my 30 or 40. I am much old than you can image. I practice the art of immortality, I will never die like normal human being. I don’t grow old only grow young every passing age. I grow stronger and stronger each and every day, no sign of aging, nor disease. I… Read more »

Sze Tho
Guest
Sze Tho

You: Practice the art of immortality. Will never die like a normal human being. Don’t grow old, but grow younger with every passing age. Yes Ah Soon. – you are definitely not normal. 🙂 – your brain is definitely growing younger……to the point of being infantile. Suggestion: since you have the ability to repair your body, let’s start with your brain. You may have posted tons of material, but the conclusions you draw from those documents are very much flawed. – the key to any debate is the quality of the points, not the sheer quantity of words expended. In… Read more »

ong eu soon
Guest
ong eu soon

what quality is your points? Based on what? Do you know the consequences of humiliating a Buddha?

ong eu soon
Guest
ong eu soon

I start a new blog in mandarin specially devoted in explaining the riddle of immortality. You may laugh that in this world there is a biggest fool who believe in immortality. This is my first teaching as the living Buddha. Only those you deserve to live in the paradise will understand my teaching.
http://eusoon.posterous.com

Sze Tho
Guest
Sze Tho

Get over your ego, Ah Soon. I was not poking fun at Buddha, I was pokin fun at your ego.

…that’s what happens when people like you with half past six English try to be smart. You don’t get it.

Ps. Good idea with the mandarin blog. (not being sarcastic)
I sincerely hope you make more sense there.

tunglang
Guest
tunglang

Ah Soon Kor ah. Why deal with (who) … will twist & turn your private life revelation to the point of sarcasm without much understanding of your point of view for the sake of humble sharing. This is the risk one face when sharing a facet of one’s life with strangers so as to help others avoid the same mistake. But (such a person) will never take that as kindness but a chance to twist & turn your kindness & strike with venom not found in a normal human. This … is also a Kay Boh Piao which when cornered… Read more »

ong eu soon
Guest
ong eu soon

Let it be. brand of chicken what do you expect? Anyway I love the way he did it. He just help to give me more credibility with his venom. One fine day when somebody is really sick, please don’t come and seek my help. Anyway it will be soon, lgE find himself in jail again. It is too late, I have made sure that it will happen, lgE need to go to court to answer the charges why he (allegedly) lie on the Boustead compensation. He is not dealing with RM20, but RM20million which is not from the pocket of… Read more »

sunnyooi
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sunnyooi

OES, call befrienders at 03-79568144.

Sze Tho
Guest
Sze Tho

He probably did, and annoyed them so much they hung up.

🙂

ong eu soon
Guest
ong eu soon

This is probably the most priceless Ramadan gift, Najib ever received in his political career.

ong eu soon
Guest
ong eu soon

The state planning committee has the highest authority in the planning authority. Under subsection 25(1), It’s decsion to revoke or modify any planning permission in the name of public interest can’t be challenged in any court of law or the appeal board. Under subsection 25(8), it can give whatever amount of reimbursement as it deem fit, this decision can only be challenged in the appeal board. The decision of the appeal board is final and can’t be challenged in court. If in the Boustead case, lgE decided to give RM20million as reimbursement and the developer is happy to accept then… Read more »

ong eu soon
Guest
ong eu soon

I just complete the portion of BXXXXXXXX Compensation Scandal of my next article. The above are my final conclusions on this scandal.

ong eu soon
Guest
ong eu soon

As a legislator, lgE can’t claim ignorance over the law. May be he can pledge stupid or bodoh like his counter part, the Selangor ex-MB.

ong eu soon
Guest
ong eu soon

After all the argument, let me tell you this. The developers have no right to sue the planning authority over the revocation or modification. If the developers are unhappy over the reimbursement for the loss suffered, they can only appeal to the Appeal Board whom decision is final and can not be challenged in any court of law. Some thing is very wrong on the RM 20 million compensation given to Boustead. Boustead can not challenge the planning authority or the appeal board in any court of law, so how can Boustead sue the planning authority until it go bankrupt.… Read more »

Yang
Guest

wONT GET FOOLED AGAIN

Yang
Guest
Yang

EXCLUSIVE: The chairman of Real Estate and Housing Developers’ Association (REHDA) Penang, Datuk Jerry Chan questioned the balance of media reports pertaining to property development on the island. In his speech at The Star Property Fair 2012 last week, Chan commented on the onslaught of opinion-givers (including locals from Penang who now reside in the Klang Valley and come back regularly) who “all of a sudden realise the high-rise buildings and hillslope developments on the island”, which he pointed out is a 40-year-old phenomenon. “Recently there has been a lot of unnecessary unfair coverage on property development in Penang. Hillslope,… Read more »

tunglang
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tunglang

“How come only when it’s near elections suddenly the hillslopes become visible?” questioned Chan rhetorically.

He should throw that question at The Star first.
Or why not meet the Tanjung Bunga Residents association to get to the truth like a gentleman..
To suggest a political motive is like playing Gong Tai Tai (foolish clown) With Goody 2 Muddy Shoes while the issue is pushed to the public & politicians to fight it out.
Rhetorics won’t buy you anymore approval for hill development from the Penang gomen or MPPP.

Yang
Guest
Yang

Tung Lang, If it is not politically motivated, these people from Eu Soon to Gerakan & MCA should have brought up the issue long ago. Anyway the Sg Ara issues have been explained to the residents and resolved. Its just that some people are very selfish & thinking only of their backyard. Look at Talam and how that … President son just do not how to count. Talam has been saddled with debt and owed the Selangor govt hundred of millions during the BN administration. Now the PKR Khalid has cleaned up and collected the debts 689 over millions. Yes… Read more »

Ying
Guest
Ying

tunglang back from the dark side realizing gelakan not his heavenly flavour ????

tunglang
Guest
tunglang

As I have explained many times before, I am not a sycophant.
When there is a need to push for the truth or point to unsolved issues or whatever affecting our livelihood or safety, why hid or be indifferent or Chi Kei Ku Chi Kei?
Unless, I have no intention to stay in Penang, you will find me like a thorn at times.
My concern is how my children will fare in future living in Cosmopolitan Penang of the rich & famous.
Already I have an option to ‘fly’ to Belum rainforest if needed be for my sanity & serenity of mind.

Sze Tho
Guest
Sze Tho

It is a common sympthom. Those who fail in life often resort to whining and ranting to no end. Perhaps to make up for their own loneliness and lack of friends.

Like a child throwing a tantrum for want of attention. Everything is wrong unless things are done according to his pea brained view of the world.

Rather tragic if you look at it. Ah Soon & TL. Will they find true happiness together?

🙂

tunglang
Guest
tunglang

You can’t even prove your self-proclaimed real name as the real Sze Tho, why speak against others?
Nothing to prove but crow noisily unsubstantiated.
No shame but opportunist Kay Boh Piao in anilnetto.com.

My challenge to you still stands. Unless you are a Char Bor.

Sze Tho
Guest
Sze Tho

Ah TL again . Whilst others discuss the facts, Tung Lang can only blabber on some nonsensical Hokkien phrases.

Big mouth & low IQ. No wonder you’re so free to post here so often.

tunglang
Guest
tunglang

Nothing to prove but senseless assumption from the orifice of filth & self shiok-shiok.
What a typical Kay Boh Piao in anilnetto.com!

Yang
Guest
Yang

Ah Soon is running amock again.

tunglang
Guest
tunglang

Yang, give Ah Soon Kor a breathing space to vent whatever or to prove whatever. This is only a blog, not Speaker’s Square where there is a possibility of body contact.
So, what the phobia? Take his opinion with a pinch of salt or weed thrown in from [email protected]/PJ.
At the very least, Ah soon did his homework with his time (not boss’s time).
Unlike one Kay Boh Piao (Otak Ayam Betina) who want to ‘berlagak…. Sudah bising cukup di anilnetto.com …
Here’s the sound effect:

Sze Tho
Guest
Sze Tho

Ah soon kor has another Bo Hoot to be his cheerleader, hurray!
– one who can’t speak or stand on his own two feet.

Well, we should be happy for you TL. Instead of your own senseless post, you have now decided to support another bigger, more unbelievable storyteller.

Remninds me of that silky movie Dumb & dumber.

🙂

ong eu soon
Guest
ong eu soon

I have accused lgE of giving in to Boustead without mounting a fight. Since lgE gave in willingly, I will force him to comply with the Town and Country planning act. If he refuse to comply, more (points) for me to use circumstantial evidence to prove alleged collusion.

Sze Tho
Guest
Sze Tho

Hehehe….you are getting sillier and sillier.

Thanks for the laughs, Bo Hoot.
🙂

Kopi-O
Guest
Kopi-O

“I am still willing to negotiate with Anwar Ibrahim with the ultimate aims of removing lgE from Penang politic.”

Hmmm ………………. interesting.

How many seats did PKR won in Penang last elaction ah?

ong eu soon
Guest
ong eu soon

When I accused lgE of illegal land conversion for Penang Heritage Hotel project, lgE refuted that the foreshore no longer existed due to reclamation. Little did lgE ever realise that I have been stalking him on this foreshore land issues waiting for him to make mistakes. Now I can easily show you with the foreshores still exist how certain hotel projects been given the land conversion from leasehold to freehold (allegedly) in clear infringement of the NLC. Again I will copy and paste all the press statements, news reports and comments from Anil’s blog to illustrate what have been transpired… Read more »

顿狼
Guest
顿狼

OES is auditioning for a role in the new Gerakan administration.

Sze Tho
Guest
Sze Tho

Even Gerakan wouldn’t touch such a clown with a ten foot pole.

ong eu soon
Guest
ong eu soon

The best thing about the sPICE story is that I will be able to copy and paste all the press statements and news reports, ultimately lead it to a huge housing project at Sg Ara. Then I will let the prosecutor, the judge, the people to draw their own conclusions.

ong eu soon
Guest
ong eu soon

I will show you from Queenbay to Tanjung Bungah how sea front lands have been (allegedly) illegally converted from leasehold to freehold. I will show you from sPICE to Sg Ara what is transpired! I will show you all the hill slope projects how they go against which rules, regulations or law. You tell me you can stop me with OSA , no way man! I got my info from the net from public domain. No one can stop me now except Anwar Ibrahim. I am still willing to negotiate with Anwar Ibrahim with the ultimate aims of removing lgE… Read more »

顿狼
Guest
顿狼

ha ha ha.

Anil please restrict such nonsense on your website.

Sze Tho
Guest
Sze Tho

Again and again, the same recycled nonsense from this fella. Senile or plain silly?

🙂

旺兴發
Guest
旺兴發

ong eu soon the bravado to change the mindset of malaysians (especially penangites) to be not so naive ????

ong eu soon can reach out to more if he stand and speak at speakers’ corner every Sunday 5pm regularly since at anilnetto.com his credibility not widely accepted ?????

down the road, will ong eu soon someone penangites will cherish for alledgely exposing the skeletons in the closets past and present deal makings ??????

well, ong ah heng ah huat ah……if only ong eu soon goes maintream about his outbursts and at sametime cover his own ****side ???????

ong eu soon
Guest
ong eu soon

When too many activities shown a clear pattern and always infringe the law and regulations, what kinds of conclusion you can draw from the facts and evidences provided?

ong eu soon
Guest
ong eu soon

One of the best reference that I ever have in writing the article is the Hong Kong case: Revelations In SHK Bribery Case; Collusion Between Politicians And Property Tycoons .

ong eu soon
Guest
ong eu soon

A little bit of prelude: Collusion between Politicians and Property Developers Corrupt Networks Social networks form when people interact. Networks are a type of social organisation that rely on relationships of trust, mutuality and reciprocity, coupled with a set of common norms established and maintained through peer pressure, social approval and sanction (stigma), to bind individuals to a collective unit. The characteristic ability of ne tworks to be inclusive, flexible in their operation and quick to respond networks can be leveraged to benefit individuals, groups or businesses or society at large. However, as Raab and Milward (2003) have noted networks… Read more »

sunnyooi
Guest
sunnyooi

Perfectly describes our BN network of corruption. ABU!!!

ong eu soon
Guest
ong eu soon

same same or shame shame

ong eu soon
Guest
ong eu soon

I have voted and campaigned for the opposition for the last 30 years. If Anwar refuse to do anything about lgE, the coming election I will campaign against PR. In the coming months, more vicious political attacks will be launched which might land lgE in court. My initial plan to boycott the election has changed due to the dirt that I has dug up. Unfortunate, somebody need to take the most drastic steps to stop the rot. Nobody will like to see what I has compiled and the article I wrote. You may not be the first one to read… Read more »

Yang
Guest
Yang

Have you try face to face talk with LGE.
If not then you should not be complaining here

Sze Tho
Guest
Sze Tho

More tall tales from Ah Soon. Campaigning for 30 years, he says?
Let’s not put too much trust in his claims. ah Soon has proven himself to be a … liar.

sunnyooi
Guest
sunnyooi

Some here just dont want anymore development. These people will find any excuse to shoot down a project. Safety, guideline, traffic, quality of life, etc etc etc…. Also, we have politician who are here to skor political points. These … speak of half truths, skewed conclusions and even blatant lies. Worse still they repeat this again and again thinking it can fool others. I for one is so glad that we have a responsible state gov in PG. One who does what it thinks is best for the general population. If our gov changes decisions frequently for political mileage, it… Read more »

Kevin
Guest
Kevin

Most here want a lot of development. As long as the development is an all-round development that covers traffic dispersal, adequate parking, green space and most importantly public transport then it should be encouraged. Like I have said before, Orchard Rd in Sg is one of the most developed parts of the world (nobody can dispute that), but they don’t have traffic jams, they have public transport underneath the entire area, they have trees the size of a ten-storey building, they have a fantastic drainage system, they have dense and large green spaces, wide walkways which are disabled friendly and… Read more »

sunnyooi
Guest
sunnyooi

Totally agree. For that we need to take back the taxes penangites paid to federal that does not get back to us. ABU is the priority now.