Update: The maximum fine under the law for this offence is RM500,000 or two years jail or both. The CM has described the RM6,000 fine imposed as a mere slap on the wrist and has instructed the MPPP to appeal for a heavier sentence.
The firm responsible for demolishing an old double-storey building along Pykett Avenue without local council planning permission was fined a small sum by the magistrate’s court yesterday.
Klassik Tropika Development Sdn Bhd of the Mah Sing Group was fined RM6,000 for the demolition, which took place just days before a scheduled MPPP inspection (probably to assess if the site had any heritage value) in July 2010.
This saga brings back memories of how a RM2 company was fined RM50,000 for the Christmas Day 1993 demolition of the historical Metropole Hotel, a property worth RM9.5 million back then.
Seriously, folks, what is there to stop developers from tearing down buildings like these? The fine is hardly a deterrent as it will very likely be factored into the cost of projects, which may have GDVs running into millions, if not billions of ringgit.
Unless… the MPPP appeals to the High Court and if the MPPP freezes future development of the property. After the demolition in July 2010, the new landowner submitted an application to MPSP in October 2010 to build 315 apartments in four towers. State exco member for Local Government Chow Kon Yeow reportedly said the application has since been frozen.
Keep an eye on Pykett Avenue.
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Email from YB CHOW, informing residents that MPPP is serious about this issue and without fear or favour take action against errant developers. ———- Forwarded message ———- From: Date: Thu, Feb 17, 2011 at 12:27 PM Subject: Re: 20 Lebuhraya Pykett Penang Illegal demolition of building To: yan lee Yes MPPP has issued the order last week Sent from my BlackBerry® wireless device via Vodafone-Celcom Mobile. —–Original Message—– From: yan lee Date: Thu, 17 Feb 2011 11:48:04 To: ; YDP MPPP Cc: ; Yew Tung Seang; Noorhanis Bt Noordin; Shamiah Binti Haji Bilal; Penang Heritage Trust Subject: Re: 20 Lebuhraya… Read more »
Hi ALL
I am a resident of Westland area.
I wish to inform the owners of 20 Pykett Avenue that at this moment I have observe a trespasser upon heir land. I dont know how to contact them, so I thought your blog be the best way.
Pykett
reply from CM on twitter FYI
Lim Guan Eng (@cmlimguaneng)
2/12/11 16:22
@daripadsaya Pykett heritage illegal demolition case mppp has forward case 2DPP. Case has been filed 2High court and awaiting 4mention date.
2 questions to MPPP
1. appeal of 6K sentence was it filed in time
2. Section 27 NOTICE for rebuilding of illegally demolished building issued ??
PW
no press statement yet on appeal ??
anil can you get any update on this ??
What are they doing probably botched up the appeal as always.
Okay I will try and ask around.
Pykett Penang – we want sustainable development
The residents are not idiots, we dont want development to be stopped, we want Penang to rogress for our children in the future.
What is paramount is the concept of “sustainable development” google it guys and learn, developers have to learn, all I am trying to achieve is a certain level of check and balance.
Like all things in life there must be CHECK AND BALANCE. A very simple concept .
emel me if u want more info.
WHat we are working towards is in the same vein as LGE our CM.
Anil Last night the residence of Pykett, Westland and Khaw Sim Bee area had a dialogue with the state government , lead by Yb CHOW and MPPPs’ personal. They were kind enough to meet us the rakyat and share what is happening with the abovementioned property. The stand is clear, the small fine is going to send the wrong message to all developers in town, especially now that we are a UNESCO Heritage city.The developers will demolish buildings without approval and just pay fine. Project reported to be 380 Million. 6k is kacang putih la MPPP promise us that action… Read more »
Which magistrate decided on this low penalty and on what grounds. There is a strong need for him/her to justify such a decision. It is time our judiciary measure up to the experctations of the people. What does the justice dept. say about such a ruling?
The problem with conservation of heritage buildings in Penang is the classification of buildings and zoning. The Penang Core and Buffer Heritage zones give total protection to classified heritage buildings within the zones. But those in the fringe or even far out from the zones are not protected. Unless it is specifically assigned as a heritage like the P. Ramlee’s House in Jalan P. Ramee which is outside the zones. Owners of such buildings, heritage or looked like heritage are in a dilemma when it comes to selling them to buyers or developers. Who will guarantee no demolition? At present… Read more »
Apparently many who commented here did not know that building is outside both the core and buffer zones of the UNESCO heritage site. It is also not a gazetted heritage building. The developer destroyed an old building while investigation by MPPP was still on going. Sadly, the small fine of RM6000 was probably what a magistrate could legally impose today. So no one should fault the state government or MPPP for the arrogance of the developer as long as the project remains frozen by the authorities. That is the best they can do under the present circumstance if we want… Read more »
One report said the maximum fine under the law is RM500,000 or two years jail or both.
I don’t think a magistrate has the authority to impose such a mammoth fine. 🙂
MPPP
Charged them in the wrong court, boo boo galore la, wonder why ??
Under the TCPA max fine 500k and 2 years imprisonment for landowner proceeding with works without planning permission from MPPP.
I stand corrected but I think its section 27, google it.
MPPP cannot initiate legal proceedings in court.
According to our federal constitution, all legal proceedings of the government (regardless of which) in this country must be undertaken by the AG office.
Please don’t blame MPPP.
I believe they are also frustrated.
Blame Putra Jaya. 🙂
There is another option for state government, acquire the land for public purpose like building a library, a museum, etc. to teach errant developer a hard lesson.
Acquisition means the state/MPPP must pay to buy the said property from the owner.
The law does not provide for forced acquisition without compensation.
Why reward the belligerent owner with such a relief?
Better freeze approval to develop the land as long as PR is in power.
That is the best punishment.
No developer wish to lose their land in exchange of market price. They will make 10 times more if the land is developed for housing or business project.
Thanks SamG. At times we tend to hentam without thinking first If you read Star Metro North on 17 Jan http://thestar.com.my/metro/story.asp?file=/2011/1/17/north/7692469&sec=north I am looking forward to see all the trees grow and make Carnavon Street more shady. But this green project costs RM 101,604 with RM 75,144 from Khazanah’s subsidiary Think City which is part of the RM 20mil from federal government to conserve and revitalise Georgetown in line with its heritage status. According to the report, the RM 75,144 was for the purchase of 60 plants or RM 1,252.40 per plant. I hope this is not true that the… Read more »
Why are the developers so daring? Because they have been under BN for too long, everything can be “kau tim”.
So, vote for BN, all can be kau-kau tim tim !!!
FYI, Melaka is under BN.
No one dare to dismantle old buildings again after Mohd Ali Rustam warned he will not hesitate to acquire the land for the public facility like building a new museum.
LGE is acting like KTK with inaction against the landlord and adopting pro-developer policy.
More developers will follow Mah Sin to tear down whatever heritage buildings in Georgetown because LGE is a dumb duck CM, nothing to do his is PR or BN chief minister.
Melaka has bankroll of BN money. Penang has none and BN has been throwing oney on leaning Pisa of Monkey Garden. Can you see the difference?
KTK was BN CM, and still he was indecisive … that kind of character is something to do with the leadership quality.
LGE pro-developer attitude is an open secret, (his administration) betrayed Kampung Buah Pala’s residents in the past.
Acquire the land for public purpose is absolutely legal. I believe those common Penangites with no vested interest in property market will support this extraordinary move to teach … developer a bitten lesson.
LGE can fork out 50 million for sPICE, why he cannot do the same for acquiring this land?
SamG, you are the sensible one here, the rest are like … kena belacan… just jump is what they are good at, in particular, that khoo guy !!!
Becareful of what you say about Khoo. Afterall, he speaks for public fund. Whatever that means.
Carine will GIVE 110 pages and show them what is the Rule of Law.
This case is of Public Interest.
We are concern as all the heritage or non heritage buildings will not be safe.
6000 fine for a GDV 380,000,000 project is definitely not a deterrent.Any fine for developers is not a deterrent.
LGE a deterrent will be to freeze planning permission for 10 years. I am sure, no other developers will dare to flaunt the law ever again.
I have been following Mah SIng SHares, why they have not informed BURSA of this charge by MPPP ??
SC should look into this.
The fine was imposed by the Courts (read BN Courts)not MPPP. So MPPP has been asked to appeal.
How can the State Govt be held negligent when such matters are under the jurisdication of MPPP?
You guys have been seeing too much of intereference from BN run Govt so you assume CM LGE can put his fingers anyway in Penang and control the outcome.
It does not work like that in Govt unless its BN run
Why the state government interfered MPPP’s decision making on sPICE ? Who is authorized to allocate fund from MPPP for sPICE?
Why LGE instructed MPPP to appeal if that is not his business?
Can you explain your new logic?
S27 of the Town & Country Planning Act empowers the local council to take action against the landowner.
google it people of penang
This precedent just show the ultimate One Malaysia goals : it is cheaper to break the law than follow it.
Bare in mind that, this precedent are not just plain bad governing, but also bad for economy! Under Pareto condition, if a society allow selfish business activity continue, it will increase the market transaction cost and eventually everyone will loss.
It’s only fair that Mah Sing build back the bungalow at the SAME location.
anil please note that what was reported in The Star, there was no mention of an inpection by MPPP, I was at the hearing and MPPP prosector did not bring this up.This is motive, knock it down before inspection, sekali ask us to preserve building how , habis la. Penang now some more UNESCO…. she also did not ask for a deterrent sentence. MPPP is inviting developers to demolish buildings – so that (MPPP) can collect development charges, which had been recently increased(?) same same la BN or DAP, for developers mayb BN better because no CAT policy. ya la… Read more »
Melaka CM, Mohd Ali Rustam personally went to the field when a shophouse in the heritage zone was demolished illegally by a Singaporean and warned he will freeze the land or may be buy back the land for public purpose.
LGE is hiding in his air-cond office all the time and issues tons of media presses to blame all problems to previous government.
CM Lim
WHat you need to do is sort out the mess in town, which is listed as Heritage and which is not. SO many in the fringe areas that need attention.
Freeze PLANNING PERMISSION the only way to go, fines will not be effective because the developer just price in la costs to the ultimate purchaser. Your people.
We welcome you KL developers but dont take advantage of Penang’s generosity.
I will be introducing this to all my developer clients, demolish even the heritage buildings and pay a small fine.
Penang is the way to go.
Those stupid developers … who follow guidelines, idiots you are.
Knock it down and thats the way to go
There is hope yet for the developer and his frozen application.
Bring back BN and all his transgressions can be exonerated. 🙂
no way frozen , DAP have no ***** la, like Our old CM haha, developer bought land at 300/ sq ft and just let it seat there.
if this is true, I better sell my Mah Sing shares, the CEO needs to see a shrink haha
Peter
… If U are a shareholder by all means act and bring out the DESTRUCTION of heritage buildings during Mah Sing’s AGM
too late mate, made a profit and sold my shares already.
Tan sri Leong is not going to care, read their vision and mission statement making money is supreme haha.
Bring back BN 1Malaysia will do good for Penang..
How about a casino license in Pulau Jerjak !!
“This saga brings back memories of how a RM2 company was fined RM50,000 for the Christmas Day 1993 demolition of the historical Metropole Hotel, a property worth RM9.5 million back then.”
You’re not supposed to have such a long memory, Anil. RM6000? If only prices of goods and services could come down as much as this, we’d all be rich.
i thought Metropole fined 5k.
eh they had to rebuild, at least the facade.
Ref for the RM50k can be found here:
http://www.malaysiakini.com/news/2898
Very interesting article.
We have the legislation in place now.
We are a UNESCO Heritage city.
We have DAP as the state government.
CM Lim you have to power now to set it straight for all the developers do not fool with Penang. Please make a difference and do not be bought by them.RULE OF LAW.
Please MPPP to take action and we want a deterrent sentence, we fought and won the PGCC battle, they are building landed properties there now.
THIS IS A ELECTION YEAR
There is another case in KL, developer demolished the historic bungalow and paid the peanut fine.
The heritage preservation law should be amended to confiscate the land.
RM6000 for heritage conservation, what a joke! No wonder this nation go into the drain.
pursuant to s27 Town &Country Planning Act, local council can direct the landowner to reinstate the building.
YB Chow do u have ***** or are another Koh Tsu Koon haha
What is big deal to pay another RM6000 for refusing to reinstate the building.
This shows that YB CHOW has b… not like our KTK always scared.
Practise the CAT policy and you have nothing to fear.
Learn from Penang la people see this is the RULE OF LAW is paramount.
Readers
Today it was reported in THESUN daily that MPPP have issued a NOTICE to landowner to rebuild the illegally demolished bungalow.
Well done MPPP, all local councils’ should learn and follow your example.
check out this blog with updates on Pykett and how the Penang GOV is taking action.
20pykett.blogspot.com