Thursday, August 28, 2008

Draft Kuala Lumpur 2020 City Plan is flawed

The Town and Country Planning (Amendment) Act 2001 [TCPA(A)] [Act A1129] signed by the then minister of Housing and Local Government Datuk Seri Ong Ka Ting had come into operation in the Federal Territory of Kuala Lumpur as of March 1, 2002 by virtue of the gazette which reads as follows: ‘‘In exercising the powers conferred by subsection 1(5) of the TCPA (A) 2001, the minister appoints March 1, 2002 as the date on which the Act comes into operation in the Federal Territory of Kuala Lumpur’’.

Sections 7 and 11A of the TCPA (A) 2001 say that the National Physical Plan 2005/2006 (signed by both the then minister Datuk Seri Ong Ka Ting and current Prime Minister Datuk Seri Abdullah) has to be implemented, however, KL City Hall had failed to do so in Draft Kuala Lumpur 2020 City Plan in particularly in disobeying the requirement for 25 persons per hectare under the National Physical Plan.

The draft plan is also inconsistent with the Kuala Lumpur Structure Plan 2020 [KLSP 2020] as the objective of KLSP 2020 is to decentralize development and population density and to spread out development equally in Peninsular Malaysia.

Hence under the law, Draft Kuala Lumpur 2020 City Plan is both ultra-vires and illegal.
However, it has yet to be tested in the court of law.

Lim Lip Eng
DAP MP for Segambut

1 comment:

Anonymous said...

YB Lim,

Your view on the draft from a lawyer's prespective is good.

As one of your Segambut constituent, I'm glad that you're adding your voice as our MP to ensure that the interests of the man-on-the-street takes precedent over the money-minded developers when it comes to development of Kuala Lumpur.

Thank you, keep up your great work and looking forward to your blog postings!