GEORGE TOWN: The Tanjung Bungah Residents’ Association (TBRA) has called for the Commission of Inquiry into the landslide at a construction site in Tanjung Bungah to be opened to the public to ensure transparency in view of the public interest involved.
By making it public, TBRA chairman Meenakshi Raman said, it would also allow the full participation and engagement of all stakeholders, including the TBRA.
"We welcome the proposal by the Penang government to set up a Commission of Inquiry (SCI) to investigate the landslide that killed 11 people.
"However, we ask that it be opened to the public to ensure transparency in view of the public interest involved, and that it also allows the full participation and engagement of all stakeholders, including TBRA," she said today.
Chief Minister Lim Guan Eng had announced the setting up of the commission on Wednesday, which he said would determine the cause of the failure of the temporary worksite slope.
It would also identify the parties responsible for the failure of the temporary work site slope and make recommendations for appropriate action, including those under the law, to those responsible, as well as look into the project approval process and procedures to see if they were in accordance with guidelines.
Meenakshi however said the terms of reference should also include the laws related to the granting of planning and other approvals, as well as monitoring and enforcement aspects with a view to improving them.
"This must also include a review of the guidelines on ‘hill site development 2012’ as well as ensuring sufficient capacity exists in the relevant authorities to effectively monitor and enforce any conditions imposed.
"What is also material is an examination of the characteristics and overall conditions at the site and its surroundings, including the state of the site prior to the granting of planning approval and the changes made to the natural terrain," she added.
On a separate note, Meenaksi said the TBRA also welcomed the statement of state Housing Committee chairman Jagdeep Singh Deo, that the state government would continue to prohibit any new highrise development on land above 76 metres (250 feet) above sea level.
"In this regard, however, we are perplexed as to how the Penang Island City Council (MBPP) had in 2012, approved the construction of 600 units comprising highrise apartments and bungalows on hill lands covering 80 acres which are above 76m above sea level, of which, approximately 43 per cent are on slopes exceeding a gradient of 25 degrees for the Sunway City project in Sungei Ara, Penang.
"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. The MBPP relied on the 2009 Guidelines for 'special projects' to allow the Sungei Ara project.
"These actions completely defy the state government’s stance that hill lands must be protected," she stressed.
She added that In order to prevent a repeat of this and to respect the policies in the Penang Structure Plan with regards to hill land, the state government must now do the following immediately:
* 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;
* stop approving any further applications for excision of the status of ‘hill lands’ from the Land Conservation Act 1960; and
* call on the state and the MBPP to also monitor all developments on hill lands and hillslopes in Penang and take immediate measures to ensure the safety of those living at the foothills of such developments, as in the case of the Paya Terubong residents in Taman Sri Rambai and Taman Lau Geok Swee.
Meenakshi said the TBRA also sought the clarification of the Penang government and the MBPP as to why it was not following the policy in the Penang Structure Plan, which designates Tanjung Bungah as being in the ‘secondary corridor’.
"The Structure Plan clearly states that in Tanjung Bungah, any housing development cannot exceed 15 units per acre as it is in the ‘secondary corridor’.
"Why has the state and the MBPP not followed this policy which is legally binding? We seek an urgent response in this regard," she demanded.