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Housing controller has no power to grant EOT to developers

November 28th, 2019 No comments

construction3The Federal Court here yesterday ruled that the housing controller has no power to grant an extension of time (EOT) to developers to complete their property development projects.

Chief Justice (CJ) Tan Sri Tengku Maimun Tuan Mat, leading a five-member panel, held that Regulation 11 (3) of the Housing Development (Control and Licensing) Regulations 1989 conferring power on the controller to waive and modify the terms and conditions of the contract of sale between purchasers and the developer is ultra vires the Housing Development (Control and Licensing) Act 1966.

“By modifying the prescribed terms and conditions and granting the developer the EOT, the controller has denied purchasers’ right to claim for liquidated damages (LAD),” she said.

Justice Tengku Maimun said the modification and granting of EOT to the developer does not appear to protect or safeguard purchasers but rather the developer and that militated Parliament’s intention.

She also said there is no provision enabling the controller to exercise the urban wellbeing, housing and local government minister’s powers.

The CJ said whether or not the developer is granted an EOT does not necessarily determine the project’s fate, adding that the EOT only determines payment of LAD.

Justice Tengku Maimun said the argument by counsel for the developer that the minister had delegated his power to the controller to decide on an EOT cannot be sustained.

She also said there was no decision by the minister to grant an EOT to the developer because the letter was signed by one K Jayaseelan on behalf of the controller to convey a decision by the ministry.

She said there was absence of the minister’s affidavit to explain the discrepancy and to state the minister had indeed decided to allow the developer’s appeal.

The other judges were Chief Judge of Malaya Tan Sri Azahar Mohamed, and Federal Court Judges Tan Sri Idrus Harun and Datuk Nallini Pathmanathan. Another judge, Datuk Alizatul Khair Osman Khairuddin, who heard the appeal in May, has retired this year.

The apex court yesterday allowed the four appeals filed by 104 purchasers of condominium units in Sri Istana Condominium in Old Klang Road and dismissed two appeals brought by the project’s developer BHL Construction Sdn Bhd.

In February 2017, the High Court, in allowing a judicial review application by the purchasers, set aside the minister’s order to give a 12-month extension to BHL Construction to complete the project.

In their application for judicial review, they sought an order to quash the decision allowing BHL Construction an EOT for delivery of vacant possession from 36 months to 48 months.

The developer failed to complete and hand over the units to the purchasers and wrote to the Controller of Housing under the ministry for an EOT. The controller rejected the developer’s application.

The developer then appealed to the urban wellbeing, housing and local government minister who, on Nov 17, 2015 allowed an extension of 12 months. As a result, the purchasers were unable to claim for LAD as provided for in the sale and purchase agreement.

The Court of Appeal last year reversed the High Court ruling, stating the controller has wide powers under the Act.

Source: Bernama

 

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97.7% of respondents supported Bayan Lepas LRT project

November 28th, 2019 5 comments

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A total of 22,678 respondents or 97.7 percent of the participants in the public inspection session has supported the implementation of Bayan Lepas LRT Project.

Penang Chief Minister, Y.A.B. Mr Chow Kon Yeow said the total number of participants in the related session until November 19, 2019 (from August 19) was 23,218 respondents.

“The three-month public inspection session which ended on November 19 recently saw 23,218 respondents filling out the form (feedback provided) by APAD (Land Public Transport Agency).

“Thus, the number of respondents received is a ‘measure’ of support for the proposed LRT (Bayan Lepas) project,” he told a press conference in Komtar.

Also present was Tourism, Arts, Culture and Heritage Exco, Yeoh Soon Hin.

lrt-map-1Asked about the next steps after the completion of the public review session, Kon Yeow informed that all issues raised would be given due consideration and clarification by the State Government through the project implementation partner, SRS Consortium.

“Among the issues raised are the location of the line, the distance of the station and the issue of traffic congestion during the implementation of the project … that is the common opinion raised (by the respondents).

“Instead of disagreeing with the proposal, rather they have some concern and feedback as stated (in the feedback form),” explained the Land Affairs & Development, Transportation and Communications Exco.

For the record, a public inspection session on the proposed implementation of Bayan Lepas LRT project has been held for three months beginning August 19, 2019, which is part of the conditions submitted together with the letter of approval by APAD.

The purpose of the public review session was to enable stakeholders and the public to provide views on the proposed project implementation.

Next, the applicant, the State Government, should provide clarification on the issues raised in the feedback form.

Source: Buletin Mutiara

 

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Penang earmarks five areas for PPR with Rent-To-Own scheme

November 28th, 2019 No comments

penang-5-area-for-pprThe Penang government has identified five plots of land, specifically for the People’s Housing Projects (PPR).

State Local Government, Housing, Town and Country Planning Committee chairman Jagdeep Singh Deo said they have earmarked two such plots on the island and three on the mainland.

He said the five plots of land, totalling 72.3 acres, are in Bandar Jelutong, Jalan Mayang Pasir, Ujung Batu, Kampung Tongkang and Batu Kawan.

He said the state is always committed to looking into the plight of those in the lower-income group.

As such, he said the state would continue with its Rent-To-Own (RTO) scheme for PPR despite the Federal Government’s plans to rebrand such scheme.

“I have urged the state Housing Department and Penang Development Corporation (PDC) to write into the Housing and Local Government Ministry.

“This is to ensure that part of the RM10bil allocation announced for the national budget for next year could be used to fund such a scheme.

“Penang will still be maintaining the RTO scheme to assist those in poverty to rent before owning PPR units,” he told a press conference at the PDC office in Bayan Baru today.

Jagdeep said PDC currently has 20 projects that make up a total of 21,484 units.

Out of that, 1,568 units had been built, 3,677 units are in various stages of being built and 16,239 units have already been approved to be built.

The 3,677 units being built, he said, come from seven projects.

“Three of the seven projects are scheduled to be completed in the first quarter of next year.

“They are Dua Residensi in Teluk Kumbar with 694 units, Jiran Residensi in Kampung Jawa, Central Seberang Perai district with 707 units and Kepala Gajah, South Seberang Perai district with 41 units,” Jagdeep added.

He said PDC also had been directed to write into the ministry to ensure that those whose loans had been rejected by banks would be given priority for federal funds to buy the unsold units.

Source: Buletin Mutiara

 

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Kampung Mutiara housing project to be completed in 4 years

November 27th, 2019 1 comment 中文版

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Property development and asset management company UDA Holdings Bhd (UDA) will take four years to build a housing project, comprising low-cost, affordable and medium-cost residential units in Kampung Mutiara in Batu Ferringhi near here.

Its chief executive officer, Mohd Salem Kailany said the project, comprising 1,068 residential units, which will be built on a two-hectare site vacated by villagers, will take off this year.

He said the project entails 400 low-cost flat units, 166 affordable apartment units and 502 medium-cost apartment units.

“UDA has been one of the prime movers in resolving the resettlement of residents of Kampung Mutiara residents and the surrounding areas. At the same time we have the opportunity to develop low-cost flat units, as well as affordable and medium-cost apartment units which will be opened for sale.

“Out of the 1,068 residential units, 400 flat units will be catered for the resettlement of the residents of Kampung Mutiara, Kampung Che Ahmad, Kampung Din Bamboo and Kampung Kubur. They will offered the flat units for free.

“The eligible residents have been identified in accordance with the guidelines set by the Penang government,” he told reporters after the handing over ceremony of the keys to the Selasih Court, Tanjung Tokong, a temporary residence for 75 eligible residents of Kampung Mutiara, here today.

The event was officiated by Penang Deputy Chief Minister Datuk Ahmad Zakiyuddin Abdul Rahman.

The 75 residents (families) are part of the 400 residents who had been served with a court order to vacate the land to make way for the housing project to be built by UDA for them.

“The residents will be staying in a temporary housing that we provide for free until the housing project is completed. Once completed, they will get a more organised and comfortable 800-square-foot home in Kampung Mutiara, ” Mohd Salem said.

He said UDA hopes the move will strengthen UDA’s role as one of the Bumiputera agencies in spearheading the development of Bumiputera settlements in Penang.

“Part of the project development fund is derived from the federal government through a soft loan, while the rest from UDA own financing,” he said.

Ahmad Zakiyuddin said the Penang government was grateful for UDA’s cooperation in resolving the resettlement of Kampung Mutiara residents who had to be temporarily relocated so that the housing project could be implemented.

Kampung Mutiara Resident Committee chairman Rosman Zainol said the villagers thanked various quarters, especially UDA and the Penang government for relocating them in stages to a temporary accommodation for free.

Villager Mohd Sharif Din, 83, said he was happy to move to a temporary home as he had been squatting on the land for the past 30 years.

“When the Kampung Mutiara housing project is completed, I will move to my own home,” he said.

Su Wahab, 60, said she was indebted to UDA and the state government for providing a temporary housing for her family for free.

“After being told that I had to move out of Kampung Mutiara I was very worried as I do not know where to go. Thanks to UDA, the Selasih Court unit is very comfortable, ” she said.

Source: Bernama

 

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SITE PROGRESS: Woodsland Park (Nov 2019)

November 27th, 2019 No comments

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About Woodsland Park

A freehold affordable housing development by PTL Properties Sdn. Bhd. near Jalan Betek in Bukit Mertajam. It is strategically located next to Taman Sungai Rambai, just a stone’s throw away from SJK(C) Keow Kuang Primary School. Amenities such as schools, markets, banks, shopping malls, and eateries are only a few minutes’ drives away.

Find out more about Woodsland Park