Hill Slope Development: The role of the average citizen

Background

Despite tragedies that have occurred incessantly throughout the past 2 decades, hill slope development is still rampant in the Klang Valley particularly with the scarcity of land and the greed to feed the desire of the elite to own residences with panoramic views.

Objective

Apart from the obvious risks posed to the person who resides in these hill slope developments, individuals who live in areas surrounding the said hill and those who use the said hill for recreation purposes are also exposed to the risks of these developments. These risks include but are not limited to the loss of life, property, enjoyment of use of land for recreational purposes and ultimately, the loss of a valuable environmental asset. The purpose of this paper is to highlight on what you can do to try to save the hills in your area from being developed. Remember, apathy kills! So act now for the betterment of our future.

New Development on your Slope

The following are the recommended steps (1) to be taken once you are aware/made aware of any hill slope development in your area (2): -

  1. Procure applicable laws
    Procure and peruse the following applicable laws/regulations/guidelines:
  2. Mobilise the residents
    Rather than acting on your own, it is more effective to persuade your area's resident association to take up this matter. Briefly, the resident association's role and responsibilities in respect of the proposed development are as follows: -
    1. To provide the residents and hill users a platform to voice their disagreement on this development;
    2. To represent the residents and hill users in the communication with the municipal/local/state/government authorities, media statements, other resident associations, non-governmental organisations and lawyers (if any);
    3. To assist the affected residents in the raising of objections and in the public hearing.
    4. To conduct research on the proposed development
    5. To organise activities and events to generate publicity for the cause and to rally for further support; and
    6. To procure and handle funds for the cause.

    Once your resident association has agreed to take up the cause, your job does not stop here. As a fellow resident and/or hill user, you should provide support, financial or otherwise, to the resident association.

  3. Appeal letters to public officials
    While this method may not be effective to stop the proposed development, it would generate the necessary publicity for the cause and perhaps some assistance from the public officials may be extended. Essentially, the resident association should write to your Member of Parliament and State Assemblyman requesting that they champion or provide support to your cause. The resident association should obtain as many residents? and hill users' signatures to support the letters to the public officials.
  4. Raising Objections
    Pursuant to section 21(6) of the TCPA, the local authority shall, by notice in writing (3), inform the owners of the neighbouring lands (4) of their right to object to the application for planning permission and to state their grounds of objection within twenty-one (21) days of the date of service of the notice. It is important to state ALL the grounds for objection in your letter to the local authority because they may not accept a new reason for objection at a later date.
    The objections may be based on the following (5): -
  5. Request for Public Hearing and Documentation/Information
    The objection letters by the owners of the neighbouring lands should include a request for a public hearing to be held within thirty days after the expiry of the period within which objections may be made and for the following documents (documentation): -
    1. development proposal;
    2. development impact report; and
    3. statement of compliance with the Highland Development Guidelines

    Each of the owners of the neighbouring lands must send an objection letter within the specified time period to the local council and must attend the hearing. If some owners are unable to attend the hearing, he/she should appoint a proxy to attend on his/her behalf.

    The above documentation should be perused and any irregularities should be brought up at the public hearing.

  6. Appeal against the decision of the -local authority

    If the local authority decides to allow the development, the aggrieved owners of the neighbouring lands who have raised and submitted their objections are allowed to appeal against the said decision.



Footnotes:

  1. The steps are not necessarily in chronological order
  2. Limited to the Klang Valley area
  3. The notice in writing must be served on the owners.
  4. The term "neighbouring lands" is defined as: -
    1. lands adjoining the land to which an application under this section relates;
    2. lands separated from the land to which an application made under this section relate by any road, lane, drain or reserved land the width of which does not exceed 20 metres and which would be adjoining the land to which the application relates had they not been separated by such road, lane, drain or reserved land;
    3. lands located within a distance of 200 metres from the boundary of the land to which an application under this section relates if the access road to the land to which the application relates is a cul-de-sac used by the owners of the lands and owners of the land to which the application relates.
  5. List is not exhaustive.


CHECKLIST
No.ItemsPriority
Status
1.Procure applicable laws
2.Mobilize the residents
3.Appeal letters to public officials
4.Raising Objections
5.Request for Public Hearing and Documentation/Information
6.Appeal against decision of local authority

Immediate Action
Medium Priority
Low Priority

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