THE outcome of a legal challenge to a hill land development in Sungai Ara, Penang, will determine whether the state government is bound to honour the approvals granted by the former administration for development projects in the state.

Chief Minister Lim Guan Eng said the Sungai Ara residents’ case, which was pending in the Court of Appeal, was an important indicator of whether the present government had to abide by the decisions of its predecessor.

The residents of several apartments and neighbourhoods in Sungai Ara have banded together to stop a massive development called Sunway Hills on a hill near their homes.

The proposed development consist of 600 high-rise apartments and bungalows on hill land covering 32.4ha, with about 43% of the project on slopes over a gradient of 25 degrees.

The land for the project was reportedly zoned for general and low density housing under the Planning and Development Control Policy Plan (Pelan Dasar) that was approved in 1996 by the State Planning Committee when Barisan Nasional was in the state government.

But under the Penang Structure Plan 2007, no development is allowed on land over 76m above sea level and on slopes over 25 degrees, unless they are special projects.

In 2012, the council approved the construction of the project, leading the residents to pull resources to fight the development at the state Appeals Board. 

They won the first round, but lost the second when the developer challenged the board’s decision at the Penang High Court this year.

“If the residents win the case at the Court of Appeal, then we do not have to follow the approval given by the previous government.

“The state government supports the residents’ case,” Lim said today at the Penang Development Corporation’s Deepavali open house.

The state had previously feared that revoking the approval already given to the developer would led the administration to pay compensation.

The Penang government had also recently reaffirmed that it would not allow developments on hill land over 76m above sea level and on slopes exceeding 25 degrees gradient.

Asked if the state government would further limit special projects to only public infrastructure projects, Lim said the authorities would not allow any high-rise projects to be built at such locations.

“The building of roads or a single house can be allowed. But not for high-rise buildings,” he said.

The Sungai Ara case is scheduled for mention at the Court of Appeal on November 13. – October 31, 2017.