THE Penang government has again been urged to restrict “special projects” on hill land to essential public infrastructure.

The Tanjung Bungah Residents Association (TBRA) said the term “special projects” in the 2009 guidelines adopted by the local authorities must be revised or redefined.

“To respect the policies in the Penang Structure Plan with regard to hill land, the state government must revise or redefine what are ‘special projects’ in the 2009 guidelines in order to explicitly prohibit any future development on hill lands except for essential public amenities.

“It must also stop approving any further applications for excision of the status of ‘hill lands’ from the Land Conservation Act 1960,” TBRA chairman Meenakshi Raman said in a statement today.

The issue of special projects on hill land 76m above sea level and on slopes exceeding 25 degrees gradient resurfaced following a landslide in Tanjung Bungah last Saturday, which killed 11 people.

Although the landslide happened at a construction site located on low and flat land, its proximity to a hill and quarry reignited concerns about hill developments in Penang.

The concerns have led state government leaders to assert in the last few days that the administration would never allow projects on hill land above 76m sea level and slopes with gradients exceeding 25 degrees, as stated in the Penang Structure Plan.

TBRA said it welcomed the state government’s stance but noted that  one such project had been approved on hill land in Sungai Ara despite strong opposition from residents.

The association said people had been “perplexed” by how the Penang Island City Council (MBPP) had approved the building of 600 units of high-rise apartments and bungalows on 32.4ha of hill land over the 76m limit in 2012, Meenakshi said.

“About 43% of the slopes there also exceed 25 degrees gradient. 

“In fact, we are shocked to learn that the state authority had in 2011 approved an application by the developer to remove the ‘hill land’ status of the lands under the Land Conservation Act 1960.

“These actions completely defy the state government’s stance that hill lands must be protected,” she said.

It was reported that MBPP had used 2009 guidelines for “special projects” to approve the project in Sungai Ara by developer Sunway City (Penang) Sdn Bhd.

Sungai Ara residents took their objections to the state Appeals Board and won after the board found that the council had failed to give proper or adequate consideration to the Penang Structure Plan, such as the primary goal of preserving hill lands.

But the residents lost the case when the developer challenged the board’s decision in the Penang High Court. The case is now pending to be heard in the Court of Appeals in Putrajaya next month. – October 27, 2017.