by Fauwaz Abdul Aziz

Malaysiakini, Jan 21 2008

Residents living around Bukit Gasing are up in arms that their requests for a public hearing on a proposed bungalow development project has been denied by Kuala Lumpur City Hall (DBKL).

They said this was not the understanding that was conveyed to them during the last meeting they had with DBKL planning officials on Nov 14, 2007. According to the residents, DBKL officers led by its planning director Mahadi Che Ngah had in the meeting told them they would be given a public hearing to air their concerns on the safety and environmental aspects of the project.

Following a letter-writing exercise in which about 300 residents from Taman Petaling, Gasing Indah and Gasing Heights Condominiums petitioned for a public hearing, DBKL responded in a letter dated Dec 31, 2007 that such a hearing would be “against the rules and regulations”.

This is because Planning (Development) Regulations 1970 of the Federal Territory (Planning) Act 1982 stipulate that public hearings are only to be held if the proposed development project involved changes in “population density” or “land use”, said DBKL.

“Because the application submitted by Gasing Meridian Sdn Bhd does not involve additions to residents (population) density or land use changes, a public hearing cannot be held because it would be against the rules and regulations that presently exist,” it added.

The land owner, Gasing Meridian Sdn Bhd, has applied to build 142 bungalows on the 15-hectare land.

Forty-nine percent of the said land, however, consists of slopes measuring 26-35 degrees or higher while 37 percent slopes between 16-25 degrees.

This as well as the fact that Bukit Gasing is highly susceptible to land erosion due to its soil composition have gotten residents worried that development on the hill would cause landslides.

They point out that over the last 15 years, at least 14 major landslides occurred in Peninsular Malaysia alone that led to the death of 68 persons.

One landslide occurred in March last year after renovation works were carried out on a Hindu temple on Bukit Gasing itself. On Jan 5 this year, another landslide followed near the same temple.

In a press conference held this morning in Petaling Jaya, Joint Action Committee (JAC) for Bukit Gasing member Gary Yeoh said these and other concerns could only be authoritatively and openly addressed by DBKL through a public hearing.

Both Gasing Meridian and DBKL have not entertained residents’ requests for copies of the soil- and other tests that allegedly prove Bukit Gasing can be safely developed, said Yeoh.

As such, the public hearing was the only other way to obtain such information.

“Our only recourse was to have the public hearing. Now, they are rejecting it,” said Yeoh.

Another JAC member Ashok Menon said DBKL was obligated to serve the interests and protect the welfare of residents and tenants by exercising complete transparency on the issues involved.

“Why all this secrecy? Local councils should be looking after us. Instead, they are working hand-in-glove with business interests,” he said.

Also at the press conference was Edward Lee, who demanded that local politicians intending to run in the upcoming general elections make known their stand on development on Bukit Gasing.

“They have to say whether they support the people on this or not,” said Lee.

JAC members also announced that a public meeting would be held this Saturday at the Gasing Indah Community Hall where residents within and around the area would be informed about the issues raised by the proposed Bukit Gasing development project.

From the Press, gasing meridien, JACBG, save bukit gasing, Section 5 The Forest Community

 Jan 21 2008 

The residents and owners of properties in Section 5 have protested against Gasing Meridien’s plans to develop bungalows on the steep slopes adjacent to several high-rise condos in the area.  Read the latest press statement from the Joint Action Committee on Bukit Gasing below:-

We, the owners and residents in the neighbourhood of the proposed development on Bukit Gasing by Gasing Meridian have been campaigning and making representations to the Prime Minister, FT Ministry and DBKL since knowing about Gasing Meridian Sdn Bhd’s proposal to further develop Bukit Gasing.

As members of the Press, you would know that the owners and residents held a massive protest on 19th November, 2006 at the foot hill of Bukit Gasing (Gasing Indah side). Since then the Joint Action Committee for Bukit Gasing (JAC) and various owners and residents have had numerous meetings with officials from the FT Ministry, the JPPKSAS (Jawatankuasa Penyelarasan Pembangunan Kawasan Sensitif Alam Sekitar Wilayah Persekutuan) and DBKL Planning Department.

DBKL on 14th November, 2007, invited the JAC to a meeting relating to an application from Gasing Meridian for sub-division of land. We understand that Gasing Meridian had requested approval for sub-dividing their land to 142 lots. DBKL had clarified that they were only considering the matter of sub-division of land and had not approved the development proposed by Gasing Meridian.

The slopes of Gasing Hill are prone to erosion and landslides 

Alas, despite our efforts, we begin the year with DBKL informing us that our petition for a Public Hearing will not be granted. At the meeting with DBKL on the 14th November, 2007, a total of 18 concerned owners of properties turned up. We made DBKL aware of our many safety concerns relating to the proposed development at Bukit Gasing with almost 50% of the slopes above 25 degrees (total of 86.4% of the project site exceeding 15 degrees gradient).

We highlighted landslides and unstable soil structures conditions in the vicinity of the proposed development (i.e. around Bukit Gasing area) as follows:
i) In 1971, a landslide precipitated by hill slope development severely damaged 6 Government bungalows along Jalan Tanjong on Bukit Gasing. All the 6 bungalows had to be demolished subsequently

ii) In March, 2007, extension work on Sivan Temple resulted in a landslide measuring about 80 feet at the top and about 25 feet at the base with a fall of about 300 feet. To date and almost 10 months after the landslide, discussions are still on going with MBPJ and IKRAM to ensure mitigation work is done to good safety standards. Amelioration works are still on-going. Sometime last week, we noticed a further landslide about 10 meters from the site of the March, 2007 landslide.

iii) A landslide along Jalan 5/62 occurred sometime ago and caused it to be abandoned.
iv) 3 bungalows along Jalan 5/64 were abandoned abruptly in the midst of piling works.

v) A new reservoir with 23 million litres of water was constructed since Gasing Meridian’s earlier application for development in 1996 and DBKL’s approval then on strict 2 stage development approval process in 1999.

vi) Soil and geological experts and surveys have specifically cautioned against development on the steep hill slopes of Bukit Gasing.

We also challenged DBKL that the Kuala Lumpur Structure Plan 2020 (KLSP) must be taken into account. Gasing Meridian’s proposed development falls within the Strategic Zone of Bukit Jalil – Seputeh (KLSP reference: Section - 17.6).

Under the approved KLSP, the following must be considered by DBKL:
 i) Bukit Gasing and its surrounding areas are designated as “Stable Area” or “Green Areas”“Stable Areas” being “Areas with established development and activities, in which minimal changes in development are anticipated over the plan period i.e. up to year 2020.”“Green Areas” being “Green areas” generally covered with natural or planted vegetation, consist of open spaces, recreational areas, utility and infrastructure corridors, buffer zones, forest reserves, agriculture areas, cemeteries, nurseries, shrubs and residential compounds.”

The proposed development constitutes a “change of use”. The developer must not be allowed to violate the KLSP without due process being invoked. (KLSP reference: Section 17.6.2).

ii) The KLSP has specifically provided that “The natural features of parts of Bukit Gasing shall be protected and developed as parks for recreational purposes.” The proposed development is a full scale re-sculpturing of the portion of Bukit Gasing visible to all commuters in and out of Kuala Lumpur on its southern section. Approving the development is a blatant disregard to the KLSP.

Our meeting with Tuan Haji Mahadi Che Ngah (Director of Planning at DBKL) was very encouraging. He reassured us of DBKL’s intention to take into consideration our many concerns on safety and views. He stated that DBKL would abide by all the prevailing rules and regulation and policies adopted by the government. We were informed that DBKL had on 3rd October given their approval to Gasing Meridian merely for sub-division of land application. The approval was given only for 71 lots and not the 142 lots applied for by Gasing Meridian.

Both DBKL and the DBKL Appeal Board had turned down the Developer’s request for a single-stage development in 1999 and 2000 respectively because of the steepness of the project site. In view of the presence of a new reservoir, which shares a common border with the proposed development, and the massive landslide which occurred about 10 months ago in an area about 100 meters away, it does not make sense if DBKL should approve the development now.

As residents living under the threat of a “Highland Towers” disaster, we have been appealing to DBKL to clarify and provide updates on their considerations on Gasing Meridian’s application for development. We are very concerned that DBKL’s only significant response to our many concerns have been to inform us that a Public Hearing is not applicable.

We are absolutely united and firm in our belief that our demand for the right to live without fear of landslides is a basic right of all citizens of this country.

We already have limited green lungs. We will be failing our children if we do not stand against the development of multi-million ringgit residential properties on Bukit Gasing that will permanently remove a beautiful landscape for both the residents in the area as well as fellow travellers in and out of the congested city of KL.

The residents intend to mount further campaigns to encourage DBKL to give due consideration to our concerns. We will challenge any approval to the proposed development. We invite the civil societies and politicians that believe in our right to live without fear of landslides and in a “first world” living environment to support us by equally raising their concerns with DBKL and the Government.

From the Press, gasing meridien, JACBG, save bukit gasing, Section 5 The Forest Community

 by Radzuan Halim

The Sun, June 24 2005

KUALA LUMPUR residents were justifiably shocked to discover that the Federal Territory Ministry had decided that 39ha of Bukit Gasing would be made available for development.

This forms slightly more than 40% of the Kuala Lumpur Territory side of Bukit Gasing, which is one of Kuala Lumpur Territory’s few remaining green lung. Why the shock?
The ink from the profusion of complaints over the Bukit Cerakah debacle is hardly dry, the prosecution process over it is still underway and now we have this disappointing decision.

At the outset let me declare my interest. I live on the edge of the Bukit Gasing green lung on the Petaling Jaya side. But believe me, this rare urban reserve is enjoyed not only by its close residents but by numerous regulars from all over the Klang Valley, some coming as far as 30km.

Everyday and on particular weekends you can expect walkers, joggers, students and hashers to make their way into Bukit Gasing. Make no mistake, we have a valuable heritage here which is in danger of being irretrievably lost.

The Kuala Lumpur and Petaling Jaya parts of Bukit Gasing are a contiguous, integrated piece of green reserve. Its total size is not large by any means. By taking such a large chunk on the Kuala Lumpur side the remainder’s ecosystem, flora and fauna, its water retention capability, its green canopy will be severely damaged.

As it is the wild animals there are already having a hard time with the space available.
A neighbour remarked that the monkeys of Bukit Gasing do not know which part of their abode is Kuala Lumpur and which is Petaling Jaya territory. What they will discover is that there will be much less ground.

When one considers how carefully and jealously park territories are preserved, protected and enhanced in other countries, one must really feel sorry for the Malaysians.

We do not seem to appreciate what we have. Bukit Gasing had been able to survive under four prime ministers, from Tunku Abdul Rahman up to Tun Dr Mahathir Mohamad. It is sad to lose so much of Bukit Gasing during Pak Lah’s watch.
The public had been much impressed by the importance and sense of urgency which the prime minister had displayed when the abuse of Bukit Cerakah’s surrounding areas was highlighted.

The celebrated helicopter ride which the prime minister took in order to see the damage for himself made a favourable impact on the Malaysian public. (Strangely enough some public officials on the same trip could not find any worrying damage done). I would urge the prime minister to take another helicopter ride to survey Bukit Gasing and its surroundings. To enable him to see for himself the integrated nature of this Kuala Lumpur/Petaling Jaya reserve and the benefit which this green lung provides to our already overbuilt, overdeveloped valley.

This proposed Bukit Gasing helicopter trip, however, will be somewhat different from the earlier Bukit Cerakah one. First, in the Bukit Gasing case, the damage to the property had still not been committed, so it would still be possible to avoid any damage.
Second, the Kuala Lumpur side of Bukit Gasing, being part of Federal Territory, comes directly under the federal government’s purview and responsibility.

Third, any decision to allow the destruction of Bukit Gasing by the federal authorities would send a highly unwholesome, yet most welcome signal to the state authorities.
Not only would the Selangor state government start considering the Petaling Jaya side of Bukit Gasing as fair game, in the other states too the knives would be out to carve out similar previously untouched urban greenery. After all, as the saying goes, it is leadership by example. Thus far in the history of federal-state relations, in respect of land use, logging and the environment, the federal government had shown far more concern for the environment, in particular overlogging and protection of water catchment areas.

Now we have a reversal.

There is something very odd, something very wrong, when a major land use decision can be made willy nilly - without any proper technical study undertaken or published, without public inquiry and without any real debate. A land use decision like this would affect thousands of people, large territories around it and with serious environmental implications.

In developed countries, a decision such as this would take up to 10 years or more before final approval could be granted. After all, we are a democratic country subject to the rule of law. In making this decision to allow development of Bukit Gasing the public is told that the remaining area will be “gazetted” as a green lung. It is as if those disagreeing with the decision are being rewarded with the gazetting. But what is the concession to the environment?

The reality is that we used to have 97.3ha of green reserve (KL side) and we will now be left with only 58.3ha. The public had over the decades assumed that all the 97.3ha would remain a green lung reserve. Just look at the maps of the area, all showing green.
What is the benefit from such gazetting. After all gazetted land can be degazetted. The point to be made is that, irrespective of whatever gazetting, the public has a “legitimate expectation”, given its long uninterrupted usage of Bukit Gasing as a green lung, that its rights to continue enjoying it would not be taken away just like that.

“Legitimate expectation”, as developed by the common law, is a right enjoyed by all Malaysians. The principle of “legitimate expectation” is explained as follows ” … even where a person claiming some benefit or privilege has no legal right to it, as a matter of private law, he may have a legitimate expectation of receiving the benefit or privilege, and if so, the courts will protect his expectation by judicial review as a matter of public law.”

Given Bukit Gasing’s long uninterrupted status as a green lung and the application of the “legitimate expectation” principle there are strong legal grounds for a judicial review of the matter.

However, let us hope that the matter does not have to be resolved in the courts. We are a practising democracy. Let the proper technical studies be carried out and revealed, let the rules and regulations be complied with, let us conduct the public inquiries as provided for.

Let not the lessons of Bukit Cerakah be so easily forgotten and let us take the helicopter for a spin.

Radzuan Halim is a former merchant banker who teaches MBA and law students.

From the Press, gasing meridien, Green Development, In The News, JACBG, save bukit gasing, Section 5 The Forest Community