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Thursday, 8 November 2012

Kohilan, three MIC reps gave nod to Batu Caves project

PETALING JAYA (Nov 6, 2012): It’s official - all 19 members who attended the full board meeting of the Selayang Municipal Council voted in favour of approving the Dolomite Avenue Park project in Batu Caves in 2007.
Despite earlier denials and assertions by some councillors that they were neither party nor privy to the approval process, minutes of the meeting held on Nov 29, 2007 - obtained by theSun - show otherwise.
Deputy foreign affairs minister Datuk A. Kohilan Pillai, who was a councillor between 1997 and 2008, had voted in favour of the project.
So did the three councillors from the MIC – Rajakupal Sinnathamby, Jayakumaran Govindasamy and Rajandran Muniandy.
Both Gerakan, of which Kohilan is a member, and the MIC, have recently accused the current Pakatan-led Selangor government of approving the project.
On Oct 26, former MIC president and works minister, Datuk Seri S. Samy Vellu, spearheaded a demonstration at the Sri Subramaniar Temple at Batu Caves - which is beside the project site - calling for a stop to the project.
Kohilan, who had joined the scores of protesters, has since vehemently denied his involvement in the project's approval, claiming that only a “planning permit” was issued during his tenure. Such a permit is also referred to as a “development order” which allows immediate development.
Kohilan has reportedly claimed that the application from Dolomite was basic and did not indicate details.
But documents show that the application was submitted with detailed layout and building plans.
The minutes also show that approval was given for dual-development - 18 units of three-story shop-lots and two tower blocks – one of 25-storeys and another of 29.
In a twist of irony showing that local councils can work efficiently if they want to, council president Datuk Zainal Abidin Azim issued the go-ahead on Nov 30 – just 24 hours after the full board endorsed the approval.
The minutes also showed that approval was “subject to conditions” and these included those recommended by the Geosciences and Minerals Department which has since briefed the state government on non-compliance.
It is learnt that the department indicated that the developer had failed to comply with some of the conditions set, especially the construction of the Geobrugg that should have been done before the work on the shop lots had begun.
Yesterday, theSun reported that the council had also defied objections from the Selangor Department of Environment (DOE) which had expressed its reservations on development which is in close proximity to the limestone hills.
 
Selayang Council defied the DOE
6 November 2012 The Sun
Karen Arukesamy and Michelle Chun
newsdesk@thesundaily.com
PETALING JAYA (Nov 6, 2012): The Selayang Municipal Council (MPS) defied objections from the Selangor Department of Environment (DOE) in giving the go-ahead for the controversial development of the Dolomite Park Avenue project in Batu Caves in 2007.
Even before the land was cleared for development, the council had been alerted to the geological and natural sensitivity of the nearby limestone hills and surrounding areas.
Yet, the council chose to ignore such views which are critical when approving development projects.
A copy of the DOE letter to the council dated Jan 24, 2007 has been made available to theSun.
In the letter, which was copied to the developer, the DOE identified the problems and justified its stand on the project.
The key phrase in that letter read: "Jabatan ini tidak menyokong pembangunan di atas memandangkan ianya berpotensi menimbulkan tanah runtuh dan sebagainya." (This department does not support this development as it has the potential to create landslides and other problems.)
However, the DOE said that an Environmental Impact Assessment (EIA) was not necessary as the development covers about 3ha – far below the minimum area of 50ha required by the law.
The council had consulted nine related agencies to provide their input on the proposed development. Even the Geosciences and Minerals Department (JMG) had its reservations and asked that five conditions be fulfilled (see box).
Despite such strong objections, the council gave the go-ahead and approved the construction of 18 units of three-storey shop lots and two tower blocks – one of 25-storeys and another of 29.
The construction of the shop lots has since been completed, some of which have been sold and occupied.
According to planning experts, the mere construction without the developer having met the conditions, especially in the wake of the "non-support" from the DOE, should have dissuaded the council from issuing any development order.
The developer, Dolomite Industries Company Sdn Bhd, submitted its plans to the council in June 2006.
In an unprecedented move, within four weeks, the council sought the views of nine government agencies – unusual for councils which usually take months to get files moving.
The Selangor Town Planning Department in a letter dated Aug 25 stated it had no objection as the development "had potential to be incorporated in the overall development of the neighbourhood" (see chronology).
Having received feedback from the agencies, including the reservations from both the DOE and JMG, the One-Stop Centre (OSC) committee, which had been set up by the council, approved the project in a meeting on Sept 27, 2007.
It is not immediately known if the comments from these two departments were considered, but according to documents made available to theSun, three councillors – Datuk Raja Paduka Wan Mahmood Pa'wan Teh, Yuszahari Mohd Yusoff and Soohaimi Abd Rahman – attended the meeting together with representatives from the departments of the council.
Conspicuously present were chief clerks of the Planning and Buildings Divisions.
All decisions made by the various sub-committees of the council including the OSC have to be endorsed at the council's full board meeting which is attended by all 24 appointed-councillors.
It is not known when the council met but on Nov 30, 2007, council president Datuk Zainal Abidin Azim wrote to Dolomite enclosing the Development Order.

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