Both the CM. Lim Guan Eng and the previous local government Ex-co member, Dr. Teng Hoch Nan are misleading the public concerning the penang Turf Club land or green lung as popularly called.
After the Town and Country Planning Act, 1976 came into force on 1st January 1985, zoning as a planning concept under planning laws enacted under the now repealed TownBoards Enactment had been thrown out of the winow.
Zoning as popularly understood is no longer in existence.
This is confirmed by the fact that the word "zoning" in now way appears in the in the TCPA, 1976.
The only thing of relevance in respect of land use is the "structure plan" and the "local plan".
The structure plan is means the general policy of the State Authority in respect of the planning of the development and use of all lands and buildings within the area of every local authority in the State.
Under the law, the State Authority is only empowered tto give directions of a general character and the local authority shall give effect to such directions.
The TCPA also provides elaborate provisions that require compliance with before a structure plan can be
amended, changed,modified or deviated from.
Two fundamental questions arise from Dr. Teng's revelations to the press concerning PGCC:
- What did Dr. Teng mean when he said the Structure Plan had been amended last year to "rezone" the Turf Club land to "redevelopment, given that zoning does not exist asa planning concept at all?
- What does CM Guan Eng mean that it will be too expensive to reconvert the land to its original use, given that the original "rezoning" of the PGCC land was illegal and void ab initio in the first place
If they carry on in this manner, there will be no end or resolution in site to a sorry state of affairs brought about by the BN's total ignorance and or disregard to the provisions of planning law that are clear ad unequivocal.
The CM by adminstrative fiat in the nature of instructions to the local authority (MPPP) direct that no redevelopment of Penang's green lung be approved or carried out by reason that such "rezoning" to "redevelopment" has been done illegally and is void.
Let anybody who wishes to challenge the administrative fiat, do so if they want. They do so under payment of legal fees and costs should they loose.
The present State Government has nothing to lose except its face.
In any event it will be a fool hardy developer who would want to challange the state authority when any development plans have not yet been approved.
