Save Penang Hill from the greedy

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

penangforum.net

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

• Errant hill clearing by developers causes of flood, sinkholes, seepages, damaged houses.

Banding together for unity, AnakAnak Malaysia

National pride: EcoWorld’s father and son team Tian Xiong (left) and Kee Sin proudly wearing the campaign’s wristbands.

It has been more than a month since the #AAnakAnakMalaysia campaign started and today marks the final day of the simple yet meaningful campaign.

What started out as a campaign to unite Malaysians and uphold the spirit of independence quickly grew and flooded social media, especially with images of the people creatively expressing their patriotism using the campaign’s signature #AnakAnakMalaysia wristband.

Together, two proud Malaysian companies – EcoWorld Develop­ment Group Bhd and Star Media Group Bhd (formerly Star Publications (M) Bhd) – banded together to remind us what it means to be Malaysian and to look beyond skin, cultural background, race and creed.

The campaign stands firm in its belief that embracing diversity is key to success and with millions of shares of pictures with the hashtag (at www.anakanakmalaysia.com), it was evident that the campaign struck a chord in the hearts of Malaysians.

Wong (left) beaming with pride as he shows his solidarity with Malaysians.

The Star sat down with EcoWorld chairman Tan Sri Liew Kee Sin, executive director Liew Tian Xiong and Star Media Group Bhd group managing director and chief executive officer Datuk Seri Wong Chun Wai to hear from them the journey of the campaign towards Malaysia Day and its impact.

Tian Xiong said the response to the #AnakAnakMalaysia campaign was beyond what was imagined.

When coming up with a Merdeka-Malaysia Day campaign, he said the group branding team had wanted to do something different.

“Over the years, we realised that fewer flags are being waved. We just wanted to do something significant and remind people that there is a lot to look forward to in this country,” he said.

Although there were about 20,000 pictures shared through the hashtag, Tian Xiong said the total number of shares accumulated to about six million across all social media platforms.

“Everyone was posting pictures –no matter where they were. There were so many creative pictures,” he said.

Tian Xiong’s favourite so far has been the one where a father uses his fingers to form the shape of a heart on his pregnant wife’s belly, signifying the coming of an “Anak Malaysia”.

The campaign drew attention in the media with Tian Xiong even getting personal feedback.

“Everyone has been saying that it’s a good campaign. We made 480,000 wristbands for this and there are still people asking for more,” he said, adding that he always made it a point to pass these to his friends whenever they met up for their weekly football games.

“I’ve never been embarrassed to be a Malaysian. This country has a lot to offer and it gives you character.

“Even when I was studying abroad, I always wanted to come back,” he said.

Growing up, Tian Xiong said being tolerant of other races came naturally, particularly when he was surrounded by people of various ethnic groups every day.

His father Kee Sin said as a parent, the key was to teach children to respect each other, not to look at skin colour, and to embrace diversity.

“Parents should let their children mix and mingle with different races and Malaysians should make friends, rekindle friendships and not stay within their own boundaries,” he said.

In EcoWorld, he said diversity was their theme, which was embraced by all employees.

Growing up in Plentong New Village, he said it never mattered what race each child in the football field was then as everyone just bonded over the sport.

He believes that the reason for such troubled times in the country is because people have taken the country’s richness in culture, race, and religions for granted.

Leaders, he said, should now think of ways to move forward.

A proud Malaysian, he said he always did his little part in placing Malaysia on the world map whenever he travelled.

“I always make it clear to everyone I meet where I come from and will continue to remind people,” he said, adding that overseas, it did not matter what one’s race was as everyone identified themselves as Malaysians.

Wong agreed with EcoWorld that the response to the campaign had been overwhelmingly successful.

“The National Day-Malaysia Day campaign struck a chord with all layers of Malaysians because the majority of us are tired of race politicians and, certainly, disconnected politicians who use race and religion to ensure their survival.

“This is not what most moderate Malaysians want for this country. Malaysians want to celebrate these two great days, not mark these important dates with fear.

“We must be able to go to the streets on Aug 31 and Sept 16 in a celebration of joy. These two dates are about Malaysians of all races, religions and cultures coming together as one people,” he said.

It was shocking, he added, that some had chosen to draw and emphasise on the differences – whether real or imaginary.

Wong said they got daily calls from Malaysians wanting to be part of the initiative and, regardless of race, he could see the genuine joy and pride each time they put on the wristbands.

“We share this joy for our little part in making history for Malaysia.

“It was truly a people’s initiative to spread the word of moderation and we hope to carry out a similar collaboration next year where, again, all Malaysians can make a simple statement of their love for our Malaysia which we truly love,” he said.

BY KATHLEEN MICHAEL The Star

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

Misery raining down: The stretch in Paya Terubong is flooded during the downpour on Saturday Sept 12, 2015 — Photo courtesy of Gerakan secretary Oh Tong Keong.

GEORGE TOWN: The flash floods in low-lying parts on the island especially Air Itam, Paya Terubong and Bukit Jambul were caused by uncontrolled development of the hills, claimed state Gerakan secretary Oh Tong Keong.

“Paya Terubong became flooded after a downpour that lasted more than an hour and this was due to the clearing of the hills in Air Itam. The state has given developers a free hand to carry out their projects on the hills.

“The situation is so bad now that we do not even know if these developers are genuine as the state has failed to take action against anyone despite the local media reporting about our hills going bald due to development,” he said when contacted yesterday.

Pictures of a stretch in Paya Terubong being flooded have been circulating online since the downpour on Saturday with a news portal claiming that the cutting of hills and development of new condominiums were the cause of the floods.

Local Government, Traffic Management and Flood Mitigation Project chairman Chow Kon Yew said the flooding was the cause of work being carried out by a developer involved in a high-rise project in the area.

“The drains became blocked and this resulted in the water flowing onto the road during the downpour. Workers were sent by the developer to clear the drain and the water receded within an hour.” - The Star

Massive flood water from IJM Trehous construction project next to Bukit Jambul Hill pond is now flooded, overflown, diverted and entered visibly through inside houses at Lintang Bukit Jambul 1, instead of direct to the drain at Paya Terubong road. This is because the pond water outlet was choked and the original underground piping system is confirmed broken and formed sinkholes with water diverted to residential houses.

Pond water overflown to houses

Sinkhole in front of house



<< Pond water flown out from house to drain 

These caused damages to houses due to soil erosion, multiple slabs collapsed, multiple cracks; broken tiles: cements, pipes and water leakages, etc.

House Slabs collapsed

To prevent further damages to houses, residents proposed to Penang City Council to construct an alternate outlet for pond water smoothly flown out to alternate area, close and seal up with cement the existing outlet which was not properly constructed as it was choked/stucked all the times.

Probe on cause of mudslide



GEORGE TOWN: Illegal hill clearing behind the Green Garden Apartments in Paya Terubong could have been the cause behind the mudslide on Wednesday.

Flood Mitigation Committee chairman Chow Kon Yeow said there was a possibility that the hill was illegally cleared for farming.

A team has been sent to inspect the hill to determine how the mudslide occurred and to investigate the extent of the illegal clearing.

“We will have a press conference on Saturday to explain what we discovered.

“I can’t say much yet as investigations are ongoing,” he said yesterday.

Chow added that the flash floods were also due to the inability of two retention ponds in two development sites in the area to cope with the surface runoff.

Works to widen and deepen the retention ponds are ongoing.

Early Wednesday morning, a downpour caused a deluge of fast-flowing mud and debris from the hills to hit Jalan Paya Terubong while flash floods hit low-lying areas of the island.

In a press statement issued on the same day, Chow said the flash floods in Penang were due to an increased surface runoff where the water level increased suddenly, causing drains to be filled to the brim.

“The drains in George Town were not designed to handle such heavy rainfall,” he said.

A check on Penang’s tide chart also showed that the rising tide was highest at 8.19am, about an hour after the rain began in most parts.

Among the worst affected areas were Bandar Baru Perda, Kampung Nelayan, Kampung Sulup, Kampung 14 and Kampung Masjid in Teluk Kumbar, and Kampung Seronok and Kampung Binjai in Bayan Lepas.

According to a weather review from August to October available on the Malaysian Meteorological Department website, countries in South-East Asia are currently in the phase of the south-west monsoon.

Floods and mudslide hit Penang



GEORGE TOWN: An early morning downpour caused flash floods in many parts of the town here, leading to traffic snarls at low-lying areas like Jalan Khaw Sim Bee, Jalan Westland, Jalan P. Ramlee, Jalan Logan, Jalan Anson, Jalan Transfer and Jalan Hutton.

However, the worst-hit areas were away from the town centre, with a deluge of mud and sand hitting Jalan Paya Terubong heading towards Balik Pulau.

There was also a bumper-to-bumper crawl after an uprooted tree blocked a good part of the road.

Traffic police were deployed to the scene to control the traffic flow until the tree was removed.

Resident Y.S. Chai, 42, who lives in a terrace house in Jalan Paya Terubong, said the flash flood was one of the worst that had ever occurred as it washed mud and soil down to the road and into the house compounds.

Deluged: Water flowing down the hillslope in Paya Terubong, Air Itam. – ZAINUDIN AHAD / The Star.

She said the heavy rain lasted for only about 30 minutes but muddy waters rose very quickly and rushed onto the front porch of her house.

“I have never encountered a flood this bad before. It took us around three hours to clean everything up,” she said.

Further down the road, a gloomy Pon Kah Tong sprayed water from a hose to clear the mud that had accumulated in his car service workshop.

Paya Terubong is an area that has seen rapid development in recent years.

The floods subsided before noon.

BY ROYCE TAN The Star

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Ageing together: it takes a nation, family; more children if you can afford to

THE Government cannot face the challenges of an ageing nation alone, Deputy Women, Family and Community Development Minister Datin Paduka Chew Mei Fun says.

The problem requires a joint effort involving the Government, local councils, developers, insurance companies, non-governmental organisations (NGOs) and individuals, she says.

“Everybody must be responsible and do their part,” she insists.

Giving an example, she says developers should plan townships for senior citizens to grow old within the community “like one big family”.

She says local councils also play a very important role in ensuring that the roads and buildings are accessible to the elderly.

To encourage collaborations between the NGOs, the Government gives incentives to corporations to run corporate social responsibility projects, she says.

She says individuals have to plan for old age by keeping healthy and active and saving for their future needs.

On plans to build more homes to accommodate the growing number of seniors, she says the ministry hopes to de-institutionalise homes because a family environment is always better.

However, legislation forcing grown children to care for their parents, is “not the way”, she stressed.

She says cultivating values like filial piety by stressing on the importance of family bonds through education, is preferable.

“We have nine (registered) old folks homes nationwide with a total of 1,590 residents.

“And, there are an additional two homes housing more than 200 bedridden residents, 70% of whom are above age 60.

“If we accept residents too easily, some will just send them to us because it’s convenient,” she says, adding that five activity centres for seniors will be built in addition to the existing 45 nationwide. The number will be increased steadily.

She says ‘caring complexes’ housing both seniors and orphans are in the pipeline.

“The idea is for kids to cheer up the seniors while learning from their elders,” she says.

She says better health services have led to Malaysians living longer with couples now having to care for their children, parents and grandparents.

Acknowledging that it’s a huge financial burden, she says the ministry is trying to educate young couples on how to better plan for their family.

Explaining that family planning isn’t just about birth control, she says it entails managing family finances.

“We’re not asking couples to give birth blindly but if you can afford to, you should have more children,” she says.

On June 14, Sunday Star front paged how urban parents can expect to pay as much as the combined price of a luxury car and a semi-detached house to raise a child up to degree level. The report followed a remark by Women, Family and Community Development Minister Datuk Seri Rohani Abdul Karim urging Malaysians to have more kids to address the projected shrinking population.

National Council of Senior Citizens Organisations Malaysia president Datuk Dr Soon Ting Kueh is “very disappointed” that the country’s seniors were left out of both the 10th and 11th Malaysia Plan, lamenting that the elderly are a neglected lot.

“There is no social security for the old,” he points out.

Calling for a national forum to be held fast, he cautions that the country may reach aged nation status even before 2030.

“Everyone will grow old. The only question is when.

“We must tackle these challenges together but the Government has to spearhead the solution with a detailed development plan.”

While supportive of the Government’s call for couples to have more kids, he feels that it won’t solve the problem.

Suggesting a private pension fund be set up, he says it will ease the financial burden on families caring for their old parents while giving the seniors a sense of independence.

Seniors who are poor and without family must be cared for by the Government, he insists.

“There aren’t enough government old folk homes nationwide,” he says.

“We need at least 90 but we don’t even have one per state.”

Those who can afford private nursing homes are also suffering, he says.

He estimates there are some 4,000 private centres nationwide but only slightly more than 200 are regulated.

“Some pay between RM500 and RM600 to live in very poor conditions where seniors are hosed down instead of getting a proper bath.

“These unlicensed homes are stinky and the living conditions very undignified,” he says.

He feels that country’s healthcare system also needs to be improved.

“The waiting time is too long and there are not many geriatric doctors.

“The seniors will be dead by the time they get treatment,” he says, only half-in-jest.

But, he stresses, the seniors themselves must grow old with dignity by keeping active.

Soon’s deputy, Susan Suah, says there’s a need for aged-friendly housing.

The interior designer is working to come up with building guidelines. Some problems in current housing include the lack of bathrooms on the ground floor, switches that are too high up and poor lighting, she says.

“We have rooms for maids but not for old parents?,”she says adding that aged-friendly homes must be made mandatory.

Universiti Sains Malaysia (School of Social Sciences) associate professor Dr Saidatulakmal Mohd notes that while some supermarkets and shopping centres have started becoming aged-friendly, none of the new housing developments are.It’s worse when residential houses are converted into nursing homes for the elderly as it has been proven to be non-conducive to their wellbeing.

“We don’t need to wait until Malaysia becomes an aged society. Many of the elderly are already being abandoned and abused, she says.

“While it’s easy to point to the Government for a solution, it’s important to note that welfare aid for seniors has risen over the years.”

To cover rising public healthcare costs, she anticipates higher taxes for the future generation.

But unlike their parents, youngsters today don’t expect their children to care for them in their old age.

“This is because they are facing financial hardship providing for their family while supporting their aged parents and don’t want their children to go through the same thing,” she explains.

She calls on the Ministry of Women, Family and Community to bring back the ‘elderly in the community’ initiative to promote active ageing.

To be a developed nation by 2020, we need active seniors who can contribute to the nation but this is only possible if aged-friendly infrastructure is ready and the elderly are financially supported.

“In the UK, I saw seniors shopping for groceries, paying their own bills and eating out - which is rare here.

“In Malaysia, seniors are seen as ‘abandoned’ if they do these things themselves.

“The perception needs to change.” - The Star/Asian News Network

Related:

Not ready to age

Blacklist the errant and greedy developer who destroyed old building in Penang

What a shame: A file photo of the entrance to the Prai market in Butterworth before it was demolished.

State govt wants firm which tore down market barred from building in Penang

GEORGE TOWN: The state government wants the developer who demolished the Prai market barred from undertaking future projects in Penang as well as disciplinary action against the police officer and lawyer for allegedly colluding with the builder.

Deputy Chief Minister ll Dr P. Ramasamy said the developer must be blacklisted and prevented from building in Penang for tearing down the 76-year-old market.

He said action must also be taken against the police officer whom he alleged had colluded with the developer during the demolition on May 17.

“I have written to the Penang police chief (Senior Deputy Comm Datuk Wira Abdul Rahim Hanafi) and the Home Ministry to investigate and take action against the police officer.

“I personally want the developer prosecuted and jailed and disciplinary action taken against the police officer who abetted the demolition which is a ‘daylight aggression’ and a total disregard for the law,” Dr Ramasamy said yesterday.

On the action sought against the developer’s lawyer, Dr Ramasamy claimed that the court order was for only the eviction of the people and not for demolition of the market.

“The Bar Council must act on this.”

He said there were plans to conserve the market as a heritage building but the demolition ‘threw a spanner into the works’ to restore the building.

Three police reports had been filed against the developer over the demolition.

The Seberang Perai Municipal Council has now cordoned off the site.

The case against the developer for violating the Town and Country Planning Act 1976 was mentioned in the Bukit Mertajam magistrate’s court yesterday and would be brought up again on June 23
- Nu R. Sekaran The Star/Asia News Network

No getting off the hook - Greedy developer should be taught a lession, Says DCM II

Deplorable: A filepic taken in June last year of the rundown Prai Market that was flattened on Sunday.

GEORGE TOWN: The state government will hold talks with the Seberang Prai Municipal Council on action to be taken against the developer for demolishing the 76-year-old Prai market.

Deputy Chief Minister II Dr P. Ramasamy said they would look into all avenues, including getting the developer to restore the structure and arch.

“We don’t have many buildings with heritage value on the mainland so we need to go all out to preserve these buildings.

“This greedy developer should be taught a lesson. The council has taken legal action against the developer before and I will ask them to do it again,” he said when contacted yesterday.

It was reported on Monday that a developer had demolished part of the 76-year-old Prai market despite a stop-work order being issued. The developer had gone against the council’s orders for a second time.

Dr Ramasamy was earlier quoted as saying that although the company managed to obtain vacant possession from the court in June last year, it still needed the council’s approval to carry out demolition work.

He said the state had identified the buildings surrounding the Prai market with heritage value, although it had not been gazetted yet.

A check by The Star showed that the arch at the market entrance with the year ‘1938’ on it was also torn down.

Meanwhile, a reader said it was disgraceful to read about the demolition by a developer who could not be bothered about heritage.

Sanjay C.S. said back in the early 70s, his mother used to cycle from their house in Jalan Baru to the market.

“And today, it resembles as if earthquake had struck there.

“In Nepal, their heritage was ruined by nature, but here, it was selfishly destroyed by human greed.

“The nonchalant developer should be heavily punished!” he said, adding that the state needed to protect its heritage buildings outside George Town as well. - By Tan Sin Chow The Star/Asia News Network

Destroyed despite MPSP's order - Prai market torn down, Penang govt wants action against developer

Destroyed: Workers demolishing the Prai market in Butterworth and (inset) the arch before it was torn down.

BUTTERWORTH: A developer has demolished part of the 76-year-old Prai market despite a stop-work order and the state government wants action taken against the firm.

What’s worse, the developer had gone against the Seberang Prai Municipal Council’s (MPSP) orders for a second time.

Deputy Chief Minister (II) Dr P. Ramasamy said the company managed to obtain vacant possession from the court in June last year but it still needed the council’s approval to carry out demolition work.

“I’ve instructed the council to take legal action against the company. The state government gazetted the buildings surrounding the Prai market, which have been identified as a building with heritage value.

“The workers moved in on Saturday morning and started to demolish the buildings during heavy rain when no one was around.

“This is the second time they’ve done this. They demolished three buildings the first time, and now four buildings,” he said yesterday.

Dr Ramasamy, who is also Prai assemblyman, said 50% of the compensation had been paid to the occupants and the rest would be paid when they move out.

“I would like to remind the company not to touch the Prai market as the council has listed it as a building with heritage value.”

Barber M. Thirunavakkarassu, 61, said he received a call from a friend at about 8am telling him that his shop was being demolished.

“I quickly rushed to my shop but it was too late. Someone could have gotten hurt as the electric supply was not disconnected,” he said.

A check by The Star showed that the arch at the market entrance with the year “1938’ on it was also torn down. MPSP president Datuk Maimunah Mohd Sharif said they would prepare the necessary documents so that the landowner-cum-developer could be charged in court for tearing down the buildings.

“This is the second time the developer had committed the offence without obtaining approval from us.

“The Town and Country Planning Act 1976 states that a planning approval is needed before a building is demolished,” she said at the council building in Bandar Perda, Bukit Mertajam.
- By M. SIVANANTHA SHARMA and CHRISTOPHER The Star/Asia News Network

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Deterrent action for housing developers mooted

DEVELOPERS who carry out earthworks without approvals or permits from the Penang Island City Council (MBPP) could face the possibility of having their applications for future development projects frozen for five to 10 years.

Bukit Setiawangsa concrete embankment has collapsed due to soil erosion

Local Government Committee chairman Chow Kon Yeow (DAP - Padang Kota) suggested that stringent action be taken against such errant developers.

“The state government or the city council will freeze all future development applications of such developers between five and 10 years, if they are found to be carrying out illegal earthworks.

“Such action needs to be taken against these ‘environmental violators or sinners’ to curb illegal hill clearing,” Chow said during his winding-up speech at the state assembly yesterday.

He said if such measures were imposed, developers would be more concerned and serious about getting valid approval for earthworks.

Chow added that MBPP was also seriously looking into the hill clearing issue at Bukit Relau.

“MBPP has met General Accomplishment Sdn Bhd (GASB), which is responsible for the mitigation works on the hill, 13 times since April 26 last year.

“The city council has issued order notices to the company for more mitigation works .

“GASB has carried out hydro-seeding and close-turfing works to minimise the soil erosion on the hill.

“The company has also been ordered by MBPP to supervise the close-turfing, trench and sediment pond at the hill, so that the soil erosion can be controlled,” he added.

Besides that, Chow said a stop- work order had been issued to the developer who had been carrying out illegal earthworks near the Teluk Bahang Dam on Jan 12.

- The Star Community by Christopher Tan, Logeiswary Thevadass and Crystal Chiam  Shiying at Penang State Assembly

Related:

Erosion worsens on Bukit Relau despite slope repairs

GEORGE TOWN (Nov 15 2013): Mitigation works on Bukit Relau, where massive illegal clearing of greenery has stirred widespread condemnation from Penangites, have not been effective, as shocking new photographs of the aggressive erosion have emerged.

This was confirmed during a site inspection by the Penang Island Municipal Council (MPPP) on Nov 2 after the scars on its slopes had appeared to worsen despite the landowner having been convicted by the courts.

The Penang government has however denied that the controversial clearing activity has continued, saying that new damage to the hill are due to landslips and erosion.

Chow Kon Yeow, the state executive councillor for local government, today refuted allegations that the earthworks activity has expanded.

He explained that the apparent increase in the hill’s scarring is due to landslips that happened following mitigation works on the slopes.

“The earlier mitigation has not been effective,” he said. “The grass did not grow well. And the rainy season in September and October caused erosion and landslips.”

He added that MPPP engineers together with MPPP secretary Ang Aing Thye and representatives of landowner General Accomplishment Sdn Bhd (GASB) were present at the site visit on Nov 2 to inspect the conditions.

GASB has since been asked to engage a landscape consultant to improve the situation.

“The landowner must then submit an earthworks plan to the MPPP to approve the mitigation works,” he said.

Chow said this during a visit to the site of the Briksa community park in Farlim where the MPPP is expected to complete landscaping and building of recreational facilities by next month at a cost of RM649,930.

Deep gullies seen at site

Meanwhile, MPPP councillor Dr Lim Mah Hui expressed alarm at photographs of deep gullies taken by a group of hikers and nature lovers at the site last week.

“From the pictures they took, one can see that the erosion is bad,” he said. “It is so clear that they are not just landslips. There are gullies that are about six and seven feet deep.”

“I have raised this matter before in MPPP but nothing is being done. I am a lone voice in the wilderness,” he said. “The media should do its part to highlight this matter.”

Lim lamented that six months have passed since the general election and nothing significant has happened on the site even though Batu Uban assemblyman Dr T Jayabalan and Seri Delima assemblyman RSN Rayer have brought this matter up with the state.

About six acres cleared

When contacted, Tan Sri Tan Kok Ping, one of the four directors of GASB, said the mitigation work done following the stop-work order by MPPP was only to cover the exposed soil with white and blue plastics but that was not adequate.

“Due to the sun, rain and wind, the plastic covering came off and withered. We stopped covering the soil in September to submit the rectification plan,” he said

“I know the erosion is bad because the covers came off. But every time it rains, about six to seven workers are there daily to check on the condition and make sure the lower parts of the area are not badly affected,” he stressed.

He added that the cleared land spans about six acres but the remedial works would involve 30 per cent of the land.

“This will ensure erosion and soil run-off do not occur in future. We will listen to the consultant’s advice on whether to plant grass or trees and spend as much money as needed to repair the damage caused by the clearing,” he added.

The controversy over the clearing, which can be seen from many parts of Penang, blew up in April.

On July 11, GASB was sentenced to a fine of RM30,000, in default of three years jail, by the Penang Sessions Court.

The maximum sentence for the offence is jail term not exceeding five years or a fine of not more than RM50,000, or both.

The deputy public prosecutor has since filed an appeal so that a heavier sentence can be meted out.

by Himanshu Bhatt and Sangeetha Amarthalingam The Nation Malaysian Insider

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Reponsible housing developers' traits and qualiies expected  

Reponsible housing developers' traits and qualiies expected

Traits of a responsible housing developer

KNOCK, knock! Any “good” housing developers out there?

I am reluctant to use the words “good developers” as the words are not in my vocabulary. However, there are responsible ones and more are joining this category.

The qualities of a responsible developer are to be emulated, if you can find them.

The housing industry has come a long way since the advent of large-scale housing development in the late 50s and early 60s. The players in those times were bona fide entrepreneurs. Most probably, conscience ruled and pride in workmanship, timely delivery of quality and affordable houses were their hallmarks.

The present delivery system of “sell-then-build” through progressive payments is fraught with risks for the unsuspecting house buyers. These second generation housing developers, “good” or bad, are used to the lucrative profits from the housing industry. This is so because the post-independence period has been a period of high population and economic growth. Hence, the demand for housing is ever increasing. In a sellers’ market, the buyers are always at a disadvantage. When greed is inversely proportionate to conscience among industry players, the situation can get very bad indeed.

We often hear of developers lamenting about the shortage of workers (legal or illegal, skill or inexperienced), shortage of building materials, complying with new laws or regulations that made it hard for them to complete their projects on time. At the same time, we also hear of projects making multi-million ringgit in profits for the developers and we do not see or hear news of housing developers retiring or quitting the business entirely.

This would mean that the housing development is still a lucrative business. In fact, more rookie developers are joining the arena because the sell-then-build system allows them to make money from people’s money.

It has become a ‘riskless venture’ where profits are guaranteed, and in the worst scenario, the government will mop up the abandoned housing project, befitting the adage: Profit Privatised, Losses Nationalised’

Enough of the bad ones, we at HBA do keep our ears opened for the qualities of responsible developers to be emulated. In the first place, how do buyers judge if their developers have been responsible? The construction industry is a unique field. It is one of a few professions where no formal education is required.

There is no formal award giving ceremony by buyers to tell the world their developers have been ‘good’ and responsible.

There are also some other things the responsible developers do that prove they have a passion for their profession. Here are some of the traits practised by responsible developers.

Attention to environment and existing neighbourhood

Responsible developers do not just depend on their buyers to pass the word around about their reputation. No new project is an island. There are existing neighbouring projects, trees etc. A responsible developer ensures the existing neighbourhood is not disturbed by their new development.

If there are complaints, such as cracks, a landslide and floods that the new construction is causing to the existing neighbours, they are quickly attended to. They also ensure that the existing roads are kept clean regularly from construction activities.

Amenities, facilitiesand infrastructure

Developers who provide adequate amenities and facilities like playgrounds, schools, markets, community halls and even police booths are not only fulfilling the obligations imposed by the local council but also their social responsibilities to society. These developers are commendable as good corporate citizens. It enhances their image too. There are also developers who invest and build infrastructure first prior to selling their houses.

Takes pride in quality and timely rectification

Whether low-cost or high-cost houses, chasing the developer to rectify shocking defects, bad workmanship is a nightmare to buyers who lose out while waiting for repair works.

Responsible developers do their own quality checks before handing over their products. Caring developers do practise the following before handing over their products:

• Adopt quality checks at all stages of construction, test and commissioned utility supplies;
• Clear and clean individual units and construction site of debris;
• Ensuring the Certificate of Compliance and Completion (CCC) is obtained with the handover of units;
• Retain a team of competent workers to do rectification promptly if there are complaints on defects.
• Keeping sufficient stock of products like floor tiles of the same quality and make.
Some developers even extend the mandatory defects liability period of 24 months. We have also heard of developers providing alternative lodgings for their buyers while waiting for defects to be corrected.

Timely delivery

Time is the essence of the contract of sale and purchase. Houses should be delivered within the time stipulated in the sale and purchase agreement ie within 24 months for ‘land and building’ and 36 months for ‘building intended for subdivision’. If, for whatever reason, there are delays, compensation should be paid immediately to buyers without second thoughts or finding devious ways to ‘short-change’ the buyers.

Responsible developers keep their buyers informed of delays and tell them of the next expected delivery date. Some buyers even told us of the extras they have received at delivery time, which surely endear them to the developers. These are some of the ‘welcome packs’ that they have received: useful gifts like a key box; warranties from paint companies, auto-gates, pest control, electrical appliances; certificates of treatment for termites / pest control; a certified copy of the CCC issued by the architect and certified copy of the building plans and plans that relate to electrical wiring and water piping so as to facilitate future renovation.

Interest charged

One clause in the sales contract states that the buyer is responsible for late payment interest. It is a common complaint by buyers that their developers would charge interest for late payment even though it is the fault of the end-financier or their lawyers doing the legal documentation. Responsible developers assist in ensuring that the documentations are in order and the buyer is not burdened with any late payment interest.

Joint Management Body (in stratified projects)

Responsible developers assist their buyers to form committees and be prepared for the formation of the management corporation. These developers realise that the projects they have developed will eventually pass to the owners to maintain and manage.

Encouraging community living

Developers who encourage forming of resident/ owners association are a welcome lot. Some even go to the extent of contributing monies for the formulation of buyers representative group for a meaningful channel to voice grievances. Some even provide meeting facilities and allocate a multipurpose room for the elected representative group.

Good communication

The line of communication should always be open between buyers and their developers:
• Keeping buyers informed of the ongoing projects and their products;
• Developers not to appear having shun away from their responsibility;
• Treating the buyers with respect as buyers can serve as their marketing tool. Show respect and you will gain respect;
• Transparency and accountability on monies collected;
• Providing regular accounting reports and budgets;
• Voicing of any grievances rather than through the media, which will bring adverse effect to the detriment of both parties.

Build first then sell

There is no step that can be more pronounced than for housing developers to adopt the absolute ‘built first then sell’ so that potential buyers can see for themselves the finished product before buying. We believe that in this way, most of the present day ailments afflicting the housing industry can be avoided and the housing industry will be a lot more orderly.

In the interim period, responsible developers have embarked on the Built then Sell (BTS) 10:90 concept where the buyers pays 10% and the balance of 90% to be paid upon completion of the house. They are already big names among developers that find the BTS 10:90 concept workable and feasible and are targeting to achieve the Government aspiration of making BTS 10:90

There are responsible developers whose names are synonymous with quality and trust. They are able to win over buyer’s confidence. Today, they have created their own brand names. No wonder some developers do not advertise, yet all their units are sold out even before the official launch.

By Chang Kim Loong AMN who is the secretary-general of the National House Buyers Association.


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House buyers, learn your rights
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We need local councillors who can do the job

I REFER to the article “Local govt polls may cause racial polarisation” ( Sunday Star, Jan 25) and would like to share my views on matters. ...

House buyers, learn your rights

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 January this year.

The journey towards moving into this property has not been a smooth one and I thought I should share some of the lessons.

When I first visited the site in 2012, only the show house was available for viewing. All the other units were blocked off because they were still under construction.

So the purchase was under the “sell-then-build” scheme. The developer sells a property that is not yet built, and the buyer pays for something depicted by the show unit, but in reality you don’t really know what you will get. The developer advertised it as a gated and guarded community of just 26 houses, and the show unit was quite decent.

We liked the concept and decided to go ahead anyway, despite a friend expressing doubts about the reliability of the developer because they are just a small company.

Skip forward to January this year: a letter arrived saying that the time had come for me to take the keys, or in jargon-speak, to take over the vacant possession. When I went to the developer’s office in Hulu Kelang, I was told to sign a letter confirming that I agreed to accept the property.

They also told me that the Certificate of Completion and Compliance (formerly called the CF) should be ready within two weeks and I should not do any renovation or move in before receiving it.

It was soon after this that problems started to occur. When I inspected the property more thoroughly, I discovered that the property was not yet satisfactorily completed.

Taps and doorknobs were missing. Some tiles were not properly fitted. The window frames were of different shades. Electrical sockets were not installed. The back garden slopes with a gradient that renders the area more or less unusable.

And the developer has not even applied for permission to build a gated and guarded community, despite advertising it in their sales brochure.

To make matters worse, the CCC did not arrive within the promised two weeks. I only received it last June. Throughout all this, I sent notice after notice to the developer asking them to rectify the defects.

They were extremely slow to respond. It was only then that I realised I should not have accepted the vacant possession without the CCC.

I then found the National House Buyers Association, and met with their secretary-general Chang Kim Loong who happens to be a fellow columnist in this newspaper. I learnt a tremendous amount from him and let me share some of the lessons here. If you are planning to buy a property and you don’t want to face the problems that I am having now, I suggest you read on.

Firstly when you buy a property, you should get the Sale and Purchase Agreement (S&P) checked by someone with proper knowledge, or appoint your own lawyer.

The two lawyers you deal with at the early stages represent your bank and the developer. They don’t represent you and they don’t have your interest at heart. You need your own lawyer.

Secondly, read the S&P yourself, carefully. With the benefit of hindsight, I am amazed at how I simply signed on the dotted line without reading the papers carefully first.

The document contains important information about your rights. And you should read it in greater detail if the developer says to you that the S&P is “just a formality”.

Thirdly, learn your rights as well as the procedures in the purchase.

If only I had taken some time to learn the ropes, I would have known that I should be extremely worried if a developer hands over vacant possession without a CCC (and promises you he will get it done within two weeks). Even more so when they start saying things like “we are all Malays and we should help each other”. Fourth, the sell-then-build scheme benefits mainly the developers and not necessarily the consumers. You are being asked to pay for something that is not even built yet and you never really know what you will eventually get. If the developer is rogue, then what you pay for is not necessarily what you will get.

In my case, the show unit has a concrete wall in the backyard, but my unit has just wire fencing. When I asked the developer, he responded that the S&P does not compel him to build a unit that is exactly the same as the show unit. Since it was a sell-then-build scheme, there is not much that I can do.

Recently Urban Wellbeing, Hou­sing and Local Government Minister Datuk Abdul Rahman Dahlan an­­­nounced that he wants to allow developers to choose between sell-then-build and build-then-sell. He is effectively doing a U-turn because the previous minister wanted to make build-then-sell compulsory.

Of course, developers love the sell-then-build scheme because they get the cash in advance. Risks are transferred to buyers.

Fifth, despite the U-turn policy, the Housing Ministry is actually quite effective in dealing with consumer complaints. I have had a very good experience in dealing with the National Housing Department and the Tribunal for Homebuyer’s Claims (TTPR). The processes to submit a claim through the TTPR are simple enough to understand even for a layperson like me. The TTPR is also very transparent.

My case hearing was conducted in public and if you go to the tribunal’s website, you can find information about the claim that I filed. This transparency allows everyone to learn from the experience of others.

Let me end by saying that buying a house is probably the most expensive purchase you will ever make. You really should learn your rights.

If you find yourself dealing with a situation like I am in now, then you must not let the developer off the hook. Get advice from the brilliant team at the National House Buyers’ Association. Take the developer to the TTPR. And report them to the National Housing Department.

You should not despair because there are mechanisms to help protect you, including those instituted by the Government, as long as you are willing to take the initiative.

Think Liberally by Wan Saiful Wan Jan

Wan Saiful Wan Jan is chief executive of the Institute for Democracy and Economic Affairs (www.ideas.org.my). The views expressed here are entirely the writer’s own.

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