No one’s watching, George Town heritage building owners do as they please

GEORGE TOWN (Dec 10): Lack of enforcement in Unesco World Heritage Site, George Town is emboldening heritage building owners to build and renovate their properties without regard for guidelines and the authorities' approval, claims non-governmental organisation George Town Heritage Action (GTHA).

GTHA’s Mark Lay said owners of property, including prewar constructions, in the heritage core and buffer zones were renovating and building without applying to the local council for a permit.

This, he said, was a concern because work on heritage buildings in the Unesco zones must comply with guidelines to ensure the buildings were properly preserved.

"We walk around town and we can see work being done on some premises. There are no signboards to say what they are doing and whether they have a permit.

"This goes on openly. The owners know that nobody is watching or checking," he told reporters earlier this week in Penang.

The lack of monitoring, Lay said, was also enabling building owners to ignore the guidelines for the construction materials allowed for renovation and conservation works on heritage buildings.

For example, cement was being used by some in place of the lime that was originally used in heritage buildings, he said.

"Lime allows the building to 'breathe'. It makes the building cool even in hot weather. Cement does not have that effect. Lime is actually easy to make and not expensive, but some building owners don't care," he said.

Roofs were also torn down, like at a shophouse on Lebuh Tamil, he said.

Another example of questionable renovation works, he said, could be seen at a prewar house in the core zone on Lorong Chulia, where the wooden front door and all window shutters had been removed.

Lay said he alerted the Penang Island City Council (MBPP) and sent to it the address and photos whenever he discovered such projects.

He said the council would send its enforcement unit to the address and order the renovations stopped, but work would quickly resume when the enforcement officers left.

"There should be better enforcement. There should be officers going around town every day to check," he said, adding it was regrettable that the officers were tied up in meetings, writing reports and other work that did not include monitoring of what went on in the heritage zone.

Lay said the caretakers of Angkor Wat authority in Siem Reap, Cambodia conducted daily checks at the temple complex and demolished illegally set up stalls selling drinks and souvenirs to tourists, despite the villagers protests, because a Unesco world heritage site must be properly managed.

He said the authorities needed to only despatch a small team that knew the city well to make daily rounds.

"They are not required to trespass into private properties. They just need to check the alleys, which they can do with a high vantage point from the top of a building," he said.

Lay said then MBPP president Datuk Patahiyah Ismail had announced in 2010 that the council would set up an enforcement task force of six to eight officers to solely be on duty in the heritage zone.

He asked what had happened to that task force, which could have prevented five years of illegal renovation and building work from happening.

Lay said outstanding universal values were important for the inscription of a heritage site, but the government's commitment to the protection of heritage was equally important.

"Is the state committed to conservation or just promotion?"

Another GTHA member Joann Khaw, a Unesco-certified tour guide, said the enforcement unit was probably trying its best to do its job but the efforts needed to be supported by political will.

She said as the culprits were the building owners themselves, the state government might consider giving incentives to those who followed regulations, apart from slapping a heavy fine on those who did not.

"The state can perhaps offer help with the renovation or preservation works, or tax exemptions," she said.

Khaw also said better tourism management was needed for the Unesco World Heritage zones.

The lack of enforcement issue is one of the concerns GTHA is expected to raise today during at the George Town and Melaka World Heritage Sites Consultation Session held in conjunction with the Unesco Regional Conference on Harmonising Actions to Reduce Risks for Cultural Heritage in Asia and the Pacific.

Participation in the event, which is organised by Think City, is by invitation only.

National Heritage Department northern zone director Sangam@Musa Antok, who is in town for the conference, said there should be no issue about enforcement, as heritage building owners must apply to the local authorities and get approval before they could begin work.

The applications, he said, go to the technical review panel that ensures the projects follow the conservation guidelines.

"They have to go through proper procedures and regulations. There are also guidelines on what building materials they can use.

"There should be no issue about no monitoring," he said, but admitted that there could be errant building owners who neglected to go through the proper channel to get their applications approved before starting work.

Musa said those caught doing work illegally on gazetted heritage buildings can face legal action under the National Heritage Act, such as a RM50,000 fine or three years jail, or both.

"As a state party, our department can also conduct checks. If there are building owners who need guidance, we can also help," he said. -- The Malaysian Insider

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