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Showing posts with label Slope and Hill management. Show all posts
Showing posts with label Slope and Hill management. Show all posts

Thursday, January 28, 2016

Hills clearing in Penang: NGOs not impressed with mitigation work at Botak Hill


http://www.thestar.com.my/metro/community/2016/01/28/searing-queries-on-clearing-ngos-not-impressed-with-mitigation-work-at-botak-hill/
An aerial shot taken from the bald patch on Bukit Relau, George Town, during a visit by the state delegation and NGOs to check on the mitigation work. — Photos: CHARLES MARIASOOSAY.

Chow (left) being briefed by technical consultant Khoo Koon Tai during the visit up Bukit Relau.

THE climb up the steep track on Bukit Relau is an arduous one. And there is little reward now for those who endure the climb.

The infamous Botak Hill seems to be getting balder. It’s a sad sight. What was once a lush hill had become a wide open patch of brown. Now, it is a giant scar of boulder, sand and concrete. The developer General Accomplish-ment Sdn Bhd is carrying out mitigation work which it says will be completed in June this year. For now, however, the hill looks worse than it did before.

The trip up the hill was arranged by the state and led by Local Government Committee chairman Chow Kon Yeow. Others in the entourage included Deputy Chief Minister 1, Datuk Mohd Rashid Hasnon, executive councillors, state assemblyman, Penang Forum and Malaysia Nature Society, Penang.

It was no surprise that the NGO members were not impressed with the mitigation work. The condition of the hill has deteriorated so badly. The only greenery in sight were patches of grass on the boulders.

The NGOs are even more upset that with less than six months before the mitigation work is completed, there seems to be no plan in place to halt the erosion of the hill or to carry out restoration work, which will have to include replanting of trees, the undergrowth and comprehensive hydroseeding.

Roads and drainage systems built right down the hill have destroyed whatever greenery there was. The explanation given was that the roads were needed for the mitigation work rings hollow. “How can you carry out mitigation work and clear more land for the so called roads for mitigation work,” asked a Penang Forum member.

There are metal poles bordering a part of the hill, and it look like some hoarding is about to come up. Is there any development being planned for the spot of the hill?

A spokesman for the developer, General Accomplishment Sdn Bhd said RM20mil has been spent so far for the mitigation work and the amount could rise to RM50mil.

“Why would you want to spend RM50mil for mitigation work if you are not going to do anything with the land,” asked a reporter.

“Well, we are open to development of the land if that is what the people want,” replied the project manager for the developer.

Chow was non-committal when asked if the state would reject any development on the land saying it was a “hypothetical” question as there wasn’t any application (to develop the land).

Despite the long explanation, the burning question remains.

Will the hill be restored to its old state and or is the mitigation work just the start of plans to develop the hill for housing.

It was rezoned for housing in 2012.

By K. Sekaran The Star

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The Penang Forum steering committee released the following ‘executive summary’ to the media during its meeting with the chief minister of P...

Dec 13, 2015 ... Dr Kam was delivering a talk titled, 'What is happening to our hills' at the Save The Hills of Penang public forum at Dewan Sri Pinang here ...
Dec 11, 2015 ... The spate of hill clearings has prompted the Penang Forum, a coalition of public interest NGOs, to hold a forum on Save the Hills of Penang ...

Thursday, January 14, 2016

Penang Forum tells Chief Minister: the unmitigated disasters on hill projects

The Penang Forum steering committee released the following ‘executive summary’ to the media during its meeting with the chief minister of Penang

The Penang Forum steering committee released the following ‘executive summary’ to the media during its meeting with the chief minister of Penang:

To address public concerns over hill degradation in Penang, the Penang Forum took the initiative in September 2015 to co-organise a public forum on hill development with the MBPP and relevant Penang state authorities.

But the council and the state decided not to participate in the effort and missed the opportunity to engage with the public.

In organising the public forum, the Penang Forum is non-partisan and has not been influenced by any other body or organisation.

The Penang Forum has not been misinformed. Its information and data came from two sources:
  • answers provided by the State Exco to the State Assembly sitting in November 2015 on the number of legal projects and illegal clearings on sensitive hill land between 2008 and 2015; and 
  • photographs provided by members of public, resident associations, Google Earth satellite imagery and drone shots. The scarring on Bukit Relau has grown into an unmitigated disaster. Despite a stop work order and a fine against those responsible, major earthworks, including the building of road infrastructure, have taken place.
 While it is technically possible to build safely on hill slopes many stringent conditions must first be in place and complied with. The present approach to environmental and engineering impact assessment done in isolation for individual hill development projects should be reviewed.

The Penang Forum calls on the Penang state government to comply with its own stated policies of prohibiting development on hill land above 76m (250 feet) and/or with a gradient greater than 25 degrees.

Special projects should be limited only to those of public interest.

We recommend that the authorities implement a holistic planning and monitoring system that takes account of cumulative impacts for the whole hill area under development.

We call for violators to be prosecuted to the full extent of the law, including jail sentences and to be blacklisted for future projects.

We call upon the authorities to require all offenders to restore the damaged hills to their original condition.

Penang Forum steering committee 11 January 2016

Related:

Penang Forum | Towards local democracy and sustainable ...


Related posts:

Dec 13, 2015 ... Dr Kam was delivering a talk titled, 'What is happening to our hills' at the Save The Hills of Penang public forum at Dewan Sri Pinang here ...

Dec 11, 2015 ... The spate of hill clearings has prompted the Penang Forum, a coalition of public interest NGOs, to hold a forum on Save the Hills of Penang ...


Sunday, December 13, 2015

Penang Forum concerns over hill clearing and floods; the Declaration & Recommendation


Under fire over hill slope developments

Penangites upset with approval of high-rises on slopes...

GEORGE TOWN: The Penang government has come under fire for the clearing of hills and high number of high-rise buildings approved on slopes above the permitted 76m and 25-degree gradient.

Environmentalist and scientist Dr Kam Suan Pheng claimed that massive hill clearing from 2008 to 2015 at Pantai Acheh and Teluk Bahang endangered the lush hills at the Penang National Park boundary where the Teluk Bahang Dam is situated.

She also said the state government claims to listen to the people but went ahead and redesignated Bukit Relau, infamously known as Botak Hill, as a residential zone in 2012 amidst massive protest against the development of the hill.

She also decried the big number of projects approved on slopes above 76m and 25-degree gradient when the Penang Structure Plan clearly stated that there could be no development on such slopes.

Dr Kam was delivering a talk titled, ‘What is happening to our hills’ at the Save The Hills of Penang public forum at Dewan Sri Pinang here yesterday.

A handout distributed to the 300-odd participants of the event claimed that 30 blocks of high-rise buildings were approved on such slopes in Paya Terubong, 15 blocks in Bayan Lepas, 14 blocks in the Tanjung Bungah/Batu Ferringhi belt and nine blocks in Teluk Kumbar/Balik Pulau.

Universiti Sains Malaysia deputy vice-chancellor Dr Sharom Ahmat said hill development above 76m could be approved under ‘special projects’ if it benefits the masses but added that “bungalows costing RM4mil to RM5mil are barely for the people.”

In his talk titled, ‘Why are we here today?’, he claimed that public hearings seemed to be more of a formality as decisions were made before such hearings.

Environmentalist and engineer K.K. Lim, in his presentation ‘Are our hills protected by the government’, said the rampant development on the hills could see a repeat of the Highland Towers tragedy in 1993.

He said soil erosion due to rain and the lack of water retention because of hill clearing could bring a major disaster in the event of a landslide.

In her talk ‘Hill Offenders: Fine? Jail? Nothing?’, lawyer Datuk Agatha Foo said the RM500,000 and RM50,000 fines for violations under the Town and Country Planning Act and State Drainage and Building Act respectively were not a deterrent.

“It is merely a slap on the wrist,” she said, claiming that developers pay the fine as part of their development expenditure.

A declaration was made at the end of the half-day forum. It among others, urged the state government to comply with its own policy of prohibiting development on hill land above 76m or greater than 25-degree gradient and not to include ordinary residential buildings as special projects.

It also called upon the state government and Penang Island City Council to prosecute violators to the full extent of the law, including imposing jail sentences and to blacklist all offenders for future development projects.

Two PKR elected representatives were among those who attended the event organised by the Penang Forum which is a loose coalition of public-interest civil society groups. They were Bayan Baru MP Sim Tze Tzin and Batu Uban assemblyman Dr T. Jayabalan.

By Sekaran The Star

Forum Declaration & Recommendation:


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 Penang has confirmed the illegal hill clearing cases reported by Penang Forum

Behind BJ Cove houses at Lintang Bukit Jambul 1 is IJM Trehaus Project  with Approximate Coordinates : 5°20'38.47"N,100°16'52.82"E 



Uphill battle: A hiker passing by a vegetable farm on Penang Hill overlooking Air Itam. penangforum.net Treasured heritage seems t...






Friday, December 11, 2015

Save Penang Hill from the greedy

Uphill battle: A hiker passing by a vegetable farm on Penang Hill overlooking Air Itam.


Treasured heritage seems to be losing its charm to illegal farms and development

THE stall at the Air Itam market in Penang is said to offer the best asam laksa in Malaysia.

Rain or shine, it pulls in the crowd.

The ingredients for the dish such as ginger bud (bunga kantan), mint leaves (daun pudina), laksa leaves (daun kesum) and kalamansi limes (limau kasturi) come from Penang Hill, which is less than 200m away.

Farmers who cultivate the land at the hillslope sell their produce at the wet markets on the island.

The fertile hillslope from Air Itam to Paya Terubong is cultivated with vegetables and fruits.

Demand for the produce is so great that farmers are illegally clearing the hillslope to expand their farms.

About 2km from the market along Jalan Paya Terubong, there is a trail leading to a hillslope.

Lately, hikers and mountain bike enthusiasts have been using the trail to reach the 135-year-old Cheng Kon Tse Temple, nestled on the slope of the hill.

Travellers can see vegetable farms and fruit trees on both sides of the trail.

There are nutmeg trees, kalamansi lime trees, papaya and banana trees.

The vegetables include lemon grass, lady fingers and sweet potato.

As one continues walking up, a large swathe of hillslope which had been cleared near the telecommunication towers comes into view.

The bald patch can be seen from the Paya Terubong road below.

The slopes on Penang Hill have been cleared by farmers over the past few decades.

Such illegal hillslope clearing has been raised by environmental groups but there has been no firm action from the authorities.

A former Penang Island City Councillor claimed that he had provided pictures of the clearings to state leaders and that he had also raised the matter with the Consumers Association of Penang and Malaysian Nature Society.

“The press should continue to highlight the issue so that something is done finally,” said the former councillor who did not want to be identified for fear that the farmers might go after him.

“Penang Hill is our heritage. But no one seems to bother,” he said.

Besides Penang Hill, bald patches are also appearing on hills in several parts of the island.

Bukit Relau in Jalan Bukit Gambier has been dubbed “botak hill”.

There is also hill clearance in Bukit Kukus in Paya Terubong and Bukit Laksamana, a water catchment for the Teluk Bahang Dam.

More and more hillslopes are going bald because of developers and contractors who cleared the land without the authorities’ approval.

The clearings are done on weekends and smoke can be seen from far when the trees are burnt.

A large swathe of land has also been cleared at a place referred by hikers as level 45 station.

It should not be difficult to nab the culprits since there are cemented trails all over the hillslopes in Air Itam and Paya Terubong.

When The Star reported on Feb 14 last year that more bald spots could be seen, a state exco member said they had pictures of the illegal activity and that action would be taken against the culprits but till now, no one knows what the action is.

It is troubling that all this is happening under a state government which emphasises on Competency, Accountability and Transparency.

Penang Hill seems to be losing its charm.

Yet, the state government seems to be focused on mega projects and land reclamation.

At a state assembly sitting last month, Chief Minister Lim Guan Eng said the Penang Island City Council was using drones to check on illegal hill clearing and CCTVs would be installed next year to monitor illegal earthworks.

The spate of hill clearings has prompted the Penang Forum, a coalition of public interest NGOs, to hold a forum on Save the Hills of Penang tomorrow.

Hopefully, the outcome from the event will reach the right ears.

There is a compelling need to save the hills from greedy farmers and developers.

Comment by K. Suthakdar

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Good plan needed to drain water from flood-hit areas PENANG’S drainage system is unable to cope with heavy rain falling within a short ...

Errant hill clearing by developers causes of floods, sinkholes, seepages damaged houses!

Thursday, December 3, 2015

Penang flood aftermath: design pump system needed to drain out water, fix funding snag ...

Good plan needed to drain water from flood-hit areas

PENANG’S drainage system is unable to cope with heavy rain falling within a short period of time, said state Local Government, Traffic Management and Flood Mitigation Committee chairman Chow Kon Yeow.

He said the cause of flooding in the state on Sunday night was due to the “very heavy and continuous downpour”.

“In Teluk Kumbar, the occurrence of flash floods can only be remedied by the installation of a more efficient pump system with a higher capacity to drain the water out from the affected area during high tides and rain.

“At the moment, a consultant has already been appointed to come up with the design in a few months for a RM3mil project to upgrade the pump system. Hopefully by the second half of next year, the tender can be called to appoint the contractor to carry out the installation.

“A detailed design is also being drawn up for a RM7.5mil flood mitigation project, approved by the state, in order to upgrade the drainage of Sungai Nipah, Sungai Teluk Kumbar and Sungai Relau,” he said at the launching of the ‘Pedestrian is King’ campaign at Town Hall yesterday.

Chow added that the Irrigation and Drainage Department (DID) had also ordered a developer to clear the clogged drains at its project site in Batu Maung that had allegedly caused a mudslide.

He said the areas affected by the downpour from 7.30pm onwards were Sungai Tiram, Relau, Teluk Kumbar, Bandar Baru Bayan, Kampung Seronok and Batu Maung as well as roads including Jalan Mahsuri, Jalan Tengah and Jalan Sultan Azlan Shah.

“The Sungai Ara catchment also recorded 80mm of rain water in a hour. It would be a different outcome if the 80mm downfall took place over two to three hours, instead of within an hour which made the effect more pronounced,” said Chow.

The categorisation of rainfall intensity exceeding 60mm in one hour is considered very heavy according to the DID.

Bayan Baru MP Sim Tze Tzin urged the state government to immediately implement the southwest district flood mitigation masterplan.

“Developers from southwest district have been contributing to flood mitigation funds. Residents also pay their quit rent diligently.

“It is only fair to start using these drainage contribution funds to upgrade drainage infrastructures within the area,” he said.

Call to fix Penang’s flood funding snag


PENANG will carry improvements on the drainage and irrigation systems if it had the money, said state Local Government, Traffic Management and Flood Mitigation Committee chairman Chow Kon Yeow.

“In the 11th Malaysia Plan, we applied for more than RM800mil worth of projects but none was approved.

“If we have the money, we will, of course, conduct works on Sungai Pinang, Sungai Junjung, Teluk Kumbar and other places,” he told a press conference at 1st Avenue Mall yesterday.

Commenting on the drainage system in the southwest district that was built in the 70s, Chow asked that funds be given so the state could replace the antiquated system.

“Drainage and irrigation is a joint responsibility of the state and the Federal Governments, moreover, the Irrigation and Drainage Department (DID) is a federal agency.”

Meanwhile, state Housing Committee chairman Jagdeep Singh Deo said it was imperative that Sungai Pinang be deepened and widened as scheduled under Phase II of the flood mitigation project.

“The rainy season has started and we need to start work on the second phase as it involves the areas most effected by flood.

“I sent Natural Resources and Environment Minister Datuk Seri Wan Junaidi Tuanku Jaafar a letter dated Dec 1 to ask for the funds for the project (to be released),” Jagdeep, the representative for the constituency, told a press conference.

“The state has done its part and relocated the residents in Sungai Pinang.

“We want the Federal Government to be committed to carry out the RM450mil Sungai Pinang Phase II flood mitigation project.”

Under Phase 1 of the project, the river was widened and deepened from Kampung Rawa to the Dhoby Ghaut bridge.

Phase 2 involves, among others, relocating residents to make way for the project and the rehabilitation of the entire river.

Other flood mitigation projects involve Sungai Juru and its basin (RM80mil) as well as restoration works for Sungai Jawi (RM40mil), Sungai Perai (RM35mil) and their basins.

The projects for Bayan Lepas are estimated to cost RM153mil, Sungai Perai (RM35.4mil) and Sungai Kechil in south Seberang Prai (RM12mil).

Odd job worker Nurjan Md Shabdin, whose house is near Sungai Pinang, said she has experienced flooding as high as chest level during the 50 years that she has lived there.

“There are still snakes and monitor lizards that swim into our houses during the floods. My appliances and mattresses have had to be replaced many times,” she said.

Hammad Noor Abdullah, 41, who has lived there since he was 14, said he had to carry his school uniform in a bag and swim to school when the are was flooded.

“I am hoping the Phase II project is carried out and the village is finally free from floods,” he said.

On a separate matter, Chow said the state government had formed a steering committee and four sub- committees to implement the Penang Transport Master Plan.

“We have the Legal and Finance, Technical, Land Use, and the Strategic Communication committees which I head.”

When asked what the plans were for Eastern & Oriental Bhd’s 131 acres of reclaimed offshore land of Gurney Drive for the STP Phase 2, he said the plans had yet to be finalised.

“Part of it will be given to Ewein Zenith Sdn Bhd and there will be a road, green area, linear park and low-density commercial buildings. It’s just a concept now.”

Chow did not rule out a public consultation on the works should there be a need. Reclamation works on the land is expected to start this month.

Separately, Chief Minister Lim Guan Eng claimed that the Federal Government had sidelined the state.

“Penang has been excluded from the Budget over the years and several projects have also been cancelled.

“The state’s application of RM805mil for flood mitigation projects was rejected and promises to build an LRT system to reduce traffic on the roads have not been fulfilled,” Lim said.

“The request for an upgrade of the Penang International Airport was also not given serious consideration.

“I hope the promise to build a multi-storey car park to increase parking capacity at the airport will not become an empty promise,” Lim said in a press statement.

Coping with flood aftermath


Flood water flowing onto the lane in front of the arrival hall of Penang international Airport in Bayan Lepas.

SPRING-CLEANING was the order of the day throughout Penang due to the extraordinary downpour that lasted more than 10 hours and inundated many areas.
Residents living in Permatang Damar Laut Road felt the full brunt of Mother Nature as their houses were filled with mud after the flood.

About 50 residents held a demonstration, blaming the upgrading works along the road for their plight.

“The project has a poor flood mitigation system. Each time it rains, residents know the area will flood,” said housewife Hasiah Md Isa, 57.

Resident Zulkifli Abdullah, 63, said contractors should dig drains alongside their project.

According to Bayan Baru Umno division chief Datuk Mansor Musa, who was present at the demonstration, the Public Works Department (JKR) is undertaking the project.

“We have contacted JKR along with the contractor in charge of this project, asking them to visit the site and explain the situation. It is important for them to identify the cause of the problem.

“We are now requesting that the contractor pay compensation to the residents affected,” he said.

Kampung Sungai Tiram resident Zaliha Yaacob, 28, said the family spent a sleepless night moving their belongings from the rising water.

“We always expect a flood when it rains but we did not expect it to be this bad,” she said while clearing the mess at her home.

Business owner Lau Kok Peng, 60, was also busy cleaning his popular coffee shop.

“It’s a good thing my shop closes on Monday but there’s a lot of work to do,” he said.

In Teluk Kumbar, 44 flood victims from 12 families have left the evacuation centre for home.

Operations officer Lt Muhammad Aizat Abdul Ghani said flood victims began seeking shelter at the Dewan Perda Kampung Masjid Teluk Kumbar from 8.55pm on Sunday.

“They are from Kampung Sulup, Kampung Nelayan and Kampung Seronok.

“They received sufficient supplies from the Welfare Department during their overnight stay,” he said.

On Sunday evening, heavy rain lashed the island and mainland, inundating several low-lying areas.

Traffic came to a crawl as motorists sought safer routes out of flooded roads.

The state recorded 80mm of rain water in an hour from 7.30pm.

Penang Fire and Rescue operation centre head Y. Anbarasan said rescue personnel, including a boat unit, were dispatched as soon as the first flood distress call was received at 9.32pm.

“At 5.10am (yesterday), we evacuated 37 flood victims from 11 families to Dewan Perda Kampung Masjid Teluk Kumbar.

“There were no landslides but two trees fell in Tasek Gelugor and one in Batu Uban,” he said.

At the Pesta site in Sungai Nibong, ankle-deep water forced some operators to close shop early.

Other flooded areas on the island included Jalan Tengah in Bayan Baru, Bukit Jambul, Relau and Batu Maung.

Penang Island City Council Urban Services Department director Mubarak Junus said about 40 staff members were dispatched to help clean up the mud in affected areas including Permatang Damar Laut, Jalan Kampung Bukit and around the Penang Snake Temple in Bayan Lepas.

“We’ve also deployed backup squads to help clean up the roads and drains, and two teams to help in the garbage collection,” he said.

On the mainland, the worst affected areas were Permatang Tinggi as the river bund there broke, causing water from the river to flow into Kampung Permatang Tinggi, Taman Usaha, Taman Usaha Jaya and Taman Pewira.

Seberang Prai Municipal Council president Datuk Maimunah Mohd Sharif said a special squad and six response teams were dispatched to the affected areas on Sunday night.

“Some of the team members stayed until 1am (yesterday) while some stayed on until 3am to monitor the situation. No residents were evicted,” she said.

She said Seberang Prai district received an average 50mm of rainfall.

The Meteorological Department forecasts cloudy mornings followed by thunderstorms in the afternoons and evenings every day for the entire week until Sunday.

A spokesman from the department said the north-east monsoon would cause the northern region of peninsular Malaysia to receive heavy rainfall late in the day until the end of this month.

Also affected was the Penang International Airport which saw the driveway outside the arrival hall flooded.

When contacted, Penang International Airport senior manager Mohd Ariff Jaafar said there was not much discruption to the airport.

“The prior RM1.5mil flood mitigation project involving the installation of an on-site detention tank helped decrease the water during flash floods.

“There was backflow of water from a monsoon drain for two hours in the evening.

“The volume of water increased to about 69mm at 8pm but the water cleared up in less than 30 minutes,” he said in a text message.

Rainy day for commuters

Long journey home: Cars moving at a snail’s pace along the SPICE indoor stadium in Jalan Tun Dr Awang in Bayan Lepas.

GEORGE TOWN: A torrential downpour which lasted about 90 minutes caused flash floods in several areas in Bayan Baru, Bayan Lepas and Relau near here.

Among the worst affected roads yesterday were stretches of Jalan Sultan Azlan Shah, Jalan Tengah and Jalan Mahsuri.

Many vehicles were stalled in the flood waters which rose to about knee high at some places following the heavy rain which began at about 6.30pm.

The situation was so bad at one point that a stretch of Jalan Sultan Azlan Shah in Bayan Lepas was temporarily closed off to traffic in both directions which worsened the traffic congestion already faced by road users.

Among the places where motorists were caught in traffic jams lasting for more than an hour were Jalan Sultan Azlan Shah and Jalan Tun Dr Awang.

The driveway outside the Penang International Airport’s arrival hall and the roundabout leading to the airport were also flooded, causing vehicles to move at a snail’s pace. Some people could have missed their flights due to the floods and traffic congestion.

The Penang Pesta ground was also hit by the floods. The annual fair began on Saturday.

Penang Works Committee chairman Lim Hock Seng, when contacted, said the rainwater could not flow off quickly enough due to the high volume from the heavy rain.

“The drains are also clogged by rubbish. The Penang Island City Council, Public Works Department and Drainage and Irrigation Department are looking into the matter,” he said.

Among the villages flooded were Kampung Sulup in Teluk Kumbar and Kampung Sungai Tiram in Bayan Lepas where the waters rose up to about 0.6m high.

Kampung Sungai Tiram villager Zaliha Yaakob, 28, urged the authorities to solve the flood woes in the village.

Source: The Star/Asia News Network

Related posts:  


Errant hill clearing by developers causes of floods, sinkholes, seepages damaged houses!

Friday, December 12, 2014

Homes are cracking !



PENGERANG: Dozens of residents who were relocated due to the development of the Refinery and Petrochemical Integrated Development (Rapid) expressed disappointment over the poor workmanship of their new homes in Taman Bayu Damai.

They are upset that their houses, which are less than a year old, have already started cracking, with some wide enough for fingers to go through.

They blamed this on soil movement.

“The foundation for many of the houses have started to slip, causing huge holes to appear below our single-storey bungalow,” said retiree Lukiman Sastaro.

The 67-year-old, who moved from Sg Kapal, said his house was among the worst hit.

“I got over RM300,000 in compensation and used RM105,000 to buy this house. The rest went into renovations,” he said, adding that he was now having sleepless nights.

“Even my driveway sank by several centimetres,” said Lukiman.

Another resident, Sia Pek Im, 61, said she was worried about the safety of her two grandchildren after huge cracks appeared in her kitchen.

“But I have nowhere else to go,” she said.

Another, Hamidon Ahmad, said he, too, suspected that there was soil movement and that the developer had not carried out proper mitigation works before building the houses.

“I decided to carry out repair works on my own as I am worried for my family’s safety,” said the 56-year-old.

“Even my relatives’ home next door is affected. The relevant agencies should check if the houses have met the safety criteria before the Certificate of Fitness is issued,” he said, adding that the site used to be a swamp.

Kota Tinggi district officer Mohd Noorazam Osman confirmed that it was a geological problem due to earth movement.

“We are working with the state Economic Planning Unit (Upen), which is in charge of the project to remedy this,” he said.

“Residents’ safety is our main concern and houses that are badly damaged will be demolished,” he said, adding that it was up to Upen to decide what action should be taken against the developer or contractor.

State Upen director A. Rahim Nin said the Johor government had appointed a private contractor under the design-and-build concept for the 631 houses in the area.

“So far, 555 units have been given to residents who were relocated from Kg Sungai Kapal, Kampung Langkah Baik and Kampung Teluk Empang,” he said.

“We have directed the contractor to repair the defects – as based on our agreement with them. The defect liability period is two years,” he said, adding that 67% of the complaints had been addressed so far.

By Nelson Benjamin The Star/Asia News Network

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Who is responsible: developer, contractor, local council, or house-owner for the damages?

 House buyers, learn your rights



Saturday, November 15, 2014

Who is responsible: developer, contractor, local council or house-owner for the damages?

Who is responsible for slope management? Does the responsibility come with the property bought by the purchaser?


THE collapse of a slope deep in the jungle does not concern house-owners, nor do landslides along our highways or roads. They just cause a bit of inconvenience to road users.

The Government deploys men, machinery and money to get the road cleared as quickly as possible so traffic can flow again.

It is different with the slope, which is (usually) at the back of a house. The house-owner did not build it. It came when he bought the house, designed by the developer with the approval of the local council. Because it is in his compound – or because he will be affected by it in the event of a collapse – the house-owner is responsible.

But in reality, is it as simple as that? It is more than a matter of money, it may also involve lives.

The Construction Industry Development Board (CIDB) in collaboration with the Urban Wellbeing, Housing and Local Government Ministry organised a seminar some months ago. Tan Sri Ramon Navaratnam, adviser to SlopeWatch, a community-based organisation, highlighted his personal and distressing experience with the slope in his house compound. He needed to have it repaired and he was driven from pillar to post by government officers, the contractor was dilatory and the cost was high.

But who is responsible?

House-purchaser dilemma

When a house-purchaser takes his house from the developer, the latter does not certify that the slope is safe in terms of design, and “as built”, except that it is understood to have been approved.

Victim: “It had been built at the bottom of a nearly-vertical slope formed by excising the toe of a hill. Though he had no need for it, the developer would not sell the house without a part of the bottom of the slope; not only did it add to the cost of the house, it made him responsible for the upkeep of the slope.

As expected the slope collapsed, not once but twice. You see the rubble-wall collapsed with the soil when the pressure became too strong. This time, a strong wall was built together with weep holes to remove rain water that seeped into the soil so that it did not become too heavy. It held up for us but the same slope running into the neighbour’s side, collapsed.

“Are they lucky compared with the buyers of houses built on top of Bukit Setiawangsa, while they were at the bottom of the slope? The developer had apparently removed the earth from it to form the bed of the highway, the Duta-Ulu Kelang Expressway (Duke). With the entire slope removed, the houses are perched precariously at the top, as the cliché goes, like a disaster waiting to happen.

So who is responsible? Is it the developer? Where will he be after six years or if available, will he argue that the purchaser bought the house fully aware of the risks? What are the rights of a subsequent owner? Does he has any recourse against the first owner? What about the local council and professionals who approved the slope – which to an untrained eye – seems to be an unsafe construction?”

House-owners are not only innocent victims of a developer’s recklessness or the developer’s appointed professionals, be it an architect or engineer.

They may also be liable through no fault of theirs because of the way developers have disturbed the lie of the land and left it in an unsafe state for the house–owner to take care of it.

The most enduring memory is the Highland Towers episode about 20 years ago, of which there is still no satisfactory closure. The disaster should have been a wake-up call on the process of approvals and accountability.



Only a draughtsman was convicted for the design of the drainage which caused water to flow un-channelled into the ground under the condominiums causing it to turn into mud which, of course, flowed against the piles causing them to move and knocking the building off its supports. The Ampang Municipal Council (MPAJ), which approved the diversion of the drainage, was excused because of the statutory immunity it enjoyed under the law.

So, should it be more careful and conscientious? Have we not learned the right lessons from it?

There are many questions for which there are no answers.

Slope management – overcoming challenges

The question with regard to slope management brings to mind a slope management seminar held earlier this year which attracted about 400 participants. The speakers held top posts in the Public Works Department, Urban WellBeing, Housing and Local Government Ministry, SlopeWatch, head of hillslope development in MPAJ and geotechnical engineer Datuk Dr Gue See Sew. Participants attentively asked the panelists pertinent questions.

As we forge ahead, we ask ourselves, have we done enough? If not, what can we do more? What are some of the issues and challenges we are facing as residents, owners, consultants, planners, financiers and enforcers of the guidelines, managers of slopes and public safety?

And whose responsibility is it anyway? There were proposals, suggestions and recommendations for an action plan that will be adopted for its intended implementation. Some were for immediate application, while some were medium and long term in nature. Unanimous resolutions were made at the end of the seminar.

Resolutions

Some of the pertinent resolutions were:

> Improve and simplify the current guidelines on hill-site development with safety enhancement.

> Increase awareness of contractors on good slope construction practices

> Strengthen the enforcement of authorities to penalise errant slope owners

> Review the planning policies and determine the height and density of buildings to blend with the environment

> To immediately do an inventory and to gazette all remaining hill-slopes, including those that are still on state land under the Land Conservation Act, National Land Code and the Town and Country Planning Act.

> Review slope-related designs not only confined within the boundaries of the project, but within the surrounding areas.

> Make it compulsory under the law for a geotechnical accredited checker, as an independent checker, to check and verify that slope design and construction are safe and done to the best engineering practices.

> Major earthworks and slope strengthening need to be done first before construction of any buildings and structures in the development takes place

> Local authorities to collaborate with community monitoring groups (to be the eyes and ears)

> To make it compulsory for slope owners to appoint professional engineers to inspect slopes on a regular basis on high-risk slopes and to rectify any defects for slopes of certain categories

> New engineered slopes to have a maintenance schedule and manual, including drainage systems. Old slopes, in particular, should be under a maintenance programme by the local authorities

> Introduce a fund to cover long-term infrastructure maintenance of certain slopes that require high maintenance and are handed over to local authorities

But the most important of them is to set up a centralised body to support the 154 local authorities on new hillside developments. It should be modelled after the geotechnical engineering office in Hong Kong.

The Government and public will be hearing more of this proposed “centralised body” in due course from the Expert Standing Committee on Slope Safety initiated under CIDB.



 By CHANG KIM LOONG - Buyers Beware The Star Nov 15 2014

Chang Kim Loong is the honorary secretary-general of the National House Buyers Association.

I RECENTLY moved into our new house in Sungai Ramal Dalam. I bought the property back in 2012 and we received the vacant possession in J...