FRIENDS Lee Soo, 84, Datuk George Joseph, 71, Thomas Rajaiah, 81, Chee Teng Hai, 83 and A. Parameswaran, 69 all bought their dream homes in Bangsar in the 1970’s.
It was an ideal location with all the necessary facilities for one to settle down and bring up children.
Today, as they stand on one of the last remaining green area in their neighbourhood –they fear that this precious land too may make way for development.
And they have good reason to be fearful.
On May 15, one of the most significant documents will go on display at the lobby area of the Kuala Lumpur City Hall.
Fresh air: Bangsar Baru residents taking a leisurely walk in the neighbourhood’ s last remaining green area.Significant because it concerns the future of the city as every KL residents, home owner and rate payer will be inadvertently effected by it as it has the ability to either improve their quality of life or destroy it.
The document is the long awaited Draft Local Plan for the Federal Territory of Kuala Lumpur.
The Draft Kuala Lumpur Local Plan 2020 (DKLPT2020) has taken City Hall over two decades to draft.
Why the delay is anyone’s guess but it is no secret that it was prepared with great reluctance by the city planners.
“The DKLPT2020 is long overdue – 26 years to be exact. In should have been prepared when the Federal Territory Planning Act was passed in 1982,’’ said local government and planning expert Derek Fernandez.
“The plan would allow purchasers of property in the Federal Territory to know in advance what is going to happen in their neighbourhood. It would remove ambiguity and ad-hoc planning which is the source of corruption,’’ said Fernandez.
City denizens have witnessed throughout the years how the city planners have used this uncertainty to increase density, change land use and increase build up area at their whim and fancy where unsustainable development flourished.
A good example would be the Federal Hill case whereby the residents are currently disputing the status of their land from institutional to commercial – which contravenes policy CF3 of the Kuala Lumpur Structure Plan 2020 (KLSP2020).
Due to the mushrooming of unsustainable developments in the city, the Federal Government in 2002 passed an amendment to the Town and Country Planning Act 1976 (TCPA).
In particular, they provided that any local plan prepared must be consistent with the National Physical Plan in addition to it being consistent with the KLSP2020 (which was passed in 2004).
A local plan is like the architectural plan of Kuala Lumpur city. It contains detailed information on land use and development, environment, infrastructure and open spaces and it basically shows where everything is going to be.
The plan is important to implement macro planning policies which has been set out in the National Physical Plan and which are prepared under the Federal Territory (Planning) Act 1982 and the Town and Country Planning Act 1976.
It also requires meaningful pre-consultation under Sec 12 (a) of the TCPA before the draft plan is prepared which means that notice must be given in preparation of the draft.
So technically, if the draft contains proposals that were not the subject matter under the pre-consultation of Sec 12 (a), the draft is invalid.
In other words, new additions should not be made without public consultation.
“At the heart of this issue is that home buyers should not be cheated. If they buy property on the basis of a certain locality and quality of life, and later there is a substantial change in environment because a particular development is allowed, and is inconsistent with the basis upon which they bought their property, then they have been cheated,’’ said Fernandez.
With that being the case, city folks like Lee, George, Thomas, Chee and Parameswaran who bought their dream homes in Bangsar with the believe that it was the ideal neighbourhood to live in have every right and a duty to dispute the plan and should exercise their right to object to any form of unsustainable development taking place in their neighbourhood.
It was during the 80's that the DBKL had said that there was only 0.2ha of green open space available per 1,000 persons. That was considered scarce even back then.
Yet they continue to approve development projects year in and year out. So now it is up to the city folk to make a difference by actively participating in and voicing out objections to the draft plan for the sake of the younger generation.
The draft would be displayed for the period of one month (May 15 – June 30) and is required by law to be consistent with the policies of KLSP2020 Sec 13 (6) and the National Physical Plan.
Time frame would be fixed for the making of the objections and it may be necessary to extend the time frame so that there would be better participation.
The residents who are likely to be affected by the proposals from the DKLPT2020 are those living in Sri Hartamas, Mont Kiara, Bangsar Hill, Bukit Tunku, Bukit Damansara, Damansara Heights, Federal Hill and Segambut/Jalan Duta.
What you can do
·Right to be heard
It is crucial that KL residents ask for a further right to be heard in accordance with Local Agenda 21 and for owners of neighbouring lands to be incorporated into the draft plan.
If this is not done, the mayor may be able to approve development plans after the draft plan is passed without giving them any further right of hearing.
This is necessary because more often then not the draft plan has insufficient details so as to ensure protection to the surrounding residents. For example, they may say an area is commercial and allows a maximum height of 20 storeys.
But when the proposal to develop comes about, the conditions may not be ideal for 20 storeys and the infrastructure may only be sufficient for a 10-storey building. Residents should be able to make representation as to why the maximum should not be given in the draft local plan.
·Written objections
Residents should make written objections if there is ambiguity; seek an oral hearing in relation to the hearing.
·Be organised
They must be organised. It is important to work with Residents Associations, MP's and if necessary have experts’ assistance.
Failing to make objections would result in the plan being passed and this may have a long term detrimental effect to KL-ites. For example, if there is a development project taking place in your neighbourhood, it would be too late to object once the plan is passed.
·Details
Residents must demand that the draft plan be as detailed as reasonably possible.
·Pre-consultation
Check to see if any of the proposals of the draft plan was subject for preliminary discussion under Sec 12 (a). If not, the draft plan would be ultra vires. This is to prevent “last minute’’ sneaking in of proposals into the draft plan during its preparation.
Residents must ask themselves if there ever was pre-consultation made on such matters before making their objections.
·Power in numbers
The majority principle should apply. Residents should get as many rate payers as possible to support. If there is overwhelming objections then the mayor is duty bound to uphold the objection on the majority principle and reasonableness.
·Maximum density
Ensure there is density lock in the area you are living. That is, the maximum allowed density should be fixed. If you do not want to see a high-density project in your neighbourhood, you are entitled to object to it. This is especially important in areas that are of low density where the residents want to preserve the low-density status.
·Avoid mixed development
Say no to mixed development – mixing of commercial and residential in traditionally residential areas.
·Demand open space
Insist that a 10% open space requirement be based on built up area and not land area.
·Public parking rate
Make sure public parking does not exceed the DBKL rate and that car parking ratio should not increase.
The public can buy a copy of the Draft Plan priced at RM150 at Jabatan Pelan Induk, Tingkat 12, Bangunan Dewan Bandaraya Kuala Lumpur, Jalan Raja Laut during office hours from May 15 to June 30 except on Saturdays Sundays and public holidays.
City folk can make their objections or representations in writing in respect of the Draft Plan to the above address on or before June 30.
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