TBRA takes Penang govt to court

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The Tanjung Bunga Residents Association is seeking legal clarification over what it claims is the “illicit modification” of the Penang Structure Plan.

They are seeking a declaration that Tanjung Bunga lies in the ‘Secondary Corridor’ and not in the ‘Primary Corridor’ of development under the Structure Plan.

In 2009, through various lawyers’ letters, press conferences, a mural and individual meetings, TBRA had asked for legal clarification over the modification of the Plan, but the group said it did not receive satisfactory replies. The following year more messages were sent to MPPP and the State government mostly by email. “We were stonewalled and concluded that the only way forward was by a formal application to a court of law to interpret the Structure Plan,” it said in its AGM report.

A local lawyer agreed to file a case and two Committee members volunteered to become plaintiffs in the case, TBRA said.

The TBRA added in its report for the AGM, which was held on 5 March:

It was not an easy decision for our resource-poor Residents’ Association to take the State Government to court. Much time was spent debating the pros and cons. While TBRA feels it has a watertight case, legal action is expensive and fraught with risks. The Committee, following legal advice, initially agreed not to make the decision public so as to minimise pressure on the State by developers. This AGM is the first public notice of the case.

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Alex Koenig
Alex Koenig
11 Mar 2011 7.50pm

… most probably the court, first of all, will look into the legality of the Structure Plan. Was it prepared correctly as required under the Town & Country Planning Act? Had all groups of the public been involved? etc.
If not, then the court will declare the ‘Plan’ to be illegal…. and all will start over again…
Happy planning!

Chaptokam
Chaptokam
10 Mar 2011 9.39am

Just says : FYI, the issue dates back to before 2008, thus it was the previous State Govt. who was responsible for this mess. Well Anil here’s one for you and for Just ……… (A certain) project … located Jalan Kelawei & Persiaran Gurney. Prior to 308, MPPP under the BN govt only approved a density ratio of 2.5 for that project… The Developer had since been appealing to increase density to 3.5 during Gerakan Government but was rejected several times and was never approved . Now after 308, the MPPP under the (new) govt has (allegedly) suddenly approved the… Read more »

kingkong
kingkong
8 Mar 2011 5.13pm

Just wonder how about Ah Soon Khor? Has he taken Penang Government to court on the foreshore which he mentioned months if not years ago?

tan, tanjung bungah
tan, tanjung bungah
8 Mar 2011 11.39am

Hi everyone,

Anil, is it possible to give a little chronology of when the conversion from ‘Secondary Corridor’ to ‘Primary Corridor’ was initiated, and the events that followed suit?

Nonetheless, the TBRA and the residents have a right to seek a legal redress if there are grounds to do so. Before this, State Govt representatives and the TBRA committee should meet up to exchange views, and if still not satisfactory, then TBRA can reassess the situation and proceed with the legal redress on the Structure Plan.

kingmack
kingmack
7 Mar 2011 7.35pm

They have a right and I hope this is sorted out in the open. How did the change come about? And did the residents have a say in it?

There are certain instances where the state government is trying to unravel certain bad practices involving some politicians and some senior civil servants – I hope this gets done quickly.

Kacau Kacau
Kacau Kacau
7 Mar 2011 7.15pm

Hi Anil,
Can you provide more details of TBRA’s reqeust/demand? I am a resident in Tanjung Bungah area but I have no idea what this TBRA is about. I tried visiting their website but it’s not updated. I left a message on the main page chat column for months but there’s no reply…

Plain Truth
Plain Truth
7 Mar 2011 7.04pm

TBRA should disclose who converted the primary corridor status to secondary corridor status, the manner in which it was done and the difference between the two.

Plain Truth
Plain Truth
8 Mar 2011 12.35pm
Reply to  Plain Truth

My mistake. It should be ” from secondary corridor status to primary corridor status “.

Just
Just
7 Mar 2011 6.53pm

FYI, the issue dates back to before 2008, thus it was the previous State Govt. who was responsible for this mess.

Andrew I
Andrew I
7 Mar 2011 6.36pm

Some bad press for DAP. You’re not so bias after all, Anil. Should keep the BN crowd happy. Eeaaa.

Yang
Yang
8 Mar 2011 5.09pm
Reply to  Andrew I

Andrew, Aren`t you also part of the Tanjong Bungah group.

baharudin
baharudin
7 Mar 2011 4.09pm

Pasti kerja umno sengaja nak cari pasal.