Court grants application for judicial review by neighboring residents against Qube Tambun project

IPOH: The High Court today granted an application for judicial review by two neighbouring residents' management bodies and three others over the planning approval given by the Datuk Bandar and Ipoh City Council to the developers of Qube Tambun project in Tambun.
This follows the application made by the joint management bodies of Permai Lake View Apartments and The Haven Lakeside Residences, Superboon Projects Sdn Bhd, General (Rtd) Tan Sri Mohd Zahidi Zainuddin and Said Ahmad against the mayor and council.
The council had on Aug 11, 2014, approved the plan submitted by the developer, MH Amanjaya Properties Sdn Bhd, which has already started construction work on upgrading the existing drain to a monsoon drain at the site.
"The court also ordered a stay of the planning approval until the trial of the case and this effectively stops all works on the land being carried under the planning approval," lawyer Derek J. Fernandez told reporters at the Haven Lakeside Residences.
He said the planning approval needed to be consistent with the local plan but it had instead breached a provision of the Town and Country Planning Act 1976. The building site had been earmarked for infrastructure and utilities.
Fernandez together with S. Selvarajah and R. Ramanathan appeared for the applicants while Cindy Jasmine appeared for the Attorney-General who is representing the government.
The applicants claimed the planning was inconsistent with the zoning plan for the area as the land was not suitable for the proposed development of two blocks of 15-storey apartments with 120 medium cost units.
The residents also claimed the construction would have serious adverse impact on the environment and cause floods.
MH Amanjaya Properties director Adnan Shahuddin had earlier said that only the construction of a monsoon drain on the site would take place to deal with possibilility of floods, and that the excessive water was supposed to be channelled to a retention pond outside the project area.
Adnan, when contacted today, said the construction work on the monsoon drain was stopped last week at the request of the council's engineering department which had asked it and another developer in the vicinity to upgrade the retention pond and submit a design on it.
On the High Court ruling, he said: "We will wait for the council to come back to us."
Meawnhile, the council's corporate affairs department principal assistant director Normala Latiff said the court decision would be referred to the legal department.