High Court grants temporary stay on high-rise condo development in Sungai Buloh

• In April, two representatives of the affected areas, K Mukesh Kumar and Lim Hock Ming, filed a judicial review to seek a stay on the proposed development, a certiorari order to quash the MPS decision in January 9 to approve the project, that the MPS' decision is full of illegality, irrationality, procedural impropriety, and unreasonableness, and should be declared void.

SHAH ALAM (June 21) : The High Court here on Friday granted a temporary stay against the Selayang Municipal Council’s (MPS) decision to approve the planning permission of three blocks of 38-storey high-rise condominiums in the Sierramas & Valencia township located in Sungai Buloh, Selangor.

This follows High Court judge Dr Shahnaz Sulaiman granting the stay to homeowners and affected residents of Sierramas Resort Homes, Valencia Park Manor, Sierramas West, Laman Sierramas West and Sierramas, pending the hearing of their leave application.

Shahnaz fixed Sept 11 to hear the affected residents' leave application.

In judicial review proceedings, leave (permission) has to be gained first to ensure a challenge is not frivolous and vexatious.

In April, two representatives of the affected areas, K Mukesh Kumar and Lim Hock Ming, filed a judicial review to seek a stay on the proposed development, a certiorari order to quash the MPS decision in January 9 to approve the project, that the MPS' decision is full of illegality, irrationality, procedural impropriety, and unreasonableness, and should be declared void.

Furthermore, they also sought a prohibitory order to prevent MPS from granting any planning permission on the subject land where the condo is scheduled to be built, along with damages and costs.

In their affidavit in support of the application, they claimed that the planning permission was unreasonable as MPS had failed to take into account that the highly-dense proposed development would aggravate the immense traffic congestion within Sierramas, which only has one access road to their homes.

They further alleged that the planning permission also posed a huge risk to slope stability on the hilly terrain and would potentially destroy gazetted green areas which act as water retention ponds, thereby increasing threats of flooding.

In addition, they also claim that, overall, the planning permission was tainted with illegality, as it was not sanctioned by the Selayang Local Plan 2020, hillslope guidelines and the relevant regulations.

The homeowners also state that MPS had acted in breach of the principles of natural justice, procedural fairness, right to information, and a legitimate expectation to be meaningfully consulted in reaching the decision to approve the planning permission.

The subject land is located on three plots, namely PT1869, Lot 64728 and Lot 64952, with the developer named as Suria Kapital Sdn Bhd.

The residents were represented by counsel Lim Wei Jiet who appeared with Abraham Au, while MPS was represented by federal counsels Nur Amalina Haris, Intan Sharina and Nurizni Qadisa.

Lim, when contacted by The Edge, confirmed the stay order granted by Shahnaz.

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