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Showing posts with label developers. Show all posts
Showing posts with label developers. Show all posts

Saturday, November 11, 2017

Penang landslides & flooding are natural disasters man-made?

It’s hard to deny when the effects of climate change are all around us


 Andrew Sheng says that from increasingly intense hurricanes to regional landslides and flooding, it’s clear our actions are effecting the environment. But, it’s also evident that there are ways for us to avert disaster and change course


AFTER two Category 5 hurricanes (Harvey and Irma) hit the US in October, followed by Maria hitting Puerto Rico, no one can deny that natural disasters are devastating.

With three hurricanes costing an estimated US$385bil, with less than half insured, the poor are suffering the most because they cannot afford to rebuild as the rich.

This year alone, monsoon floods in Bangladesh, India and Nepal have left millions homeless. This year will therefore break all records as Munich Re-insurance data suggests that 2016 natural disaster losses were only US$175bil, already 28.6% higher than the 30 years (1986-2015) annual average of US$126bil.

But how much of these natural disasters are man-made?

Despite US President Trump being sceptical of climate change, the US Global Change Research Program Climate Science Report published this month concludes that “it is extremely likely that human activities, especially emissions of greenhouse gases, are the dominant cause of the observed warming since the mid-20th century”.

Carbon dioxide concentration already exceed 400 parts per million, last occurred about 3 million years ago, when both global average temperature and sea level were significantly higher than today. Roughly one third of carbon emission is due to residential heating/cooling, one third for transport and one third for industrial production.

Human activities on Mother Earth include over-consumption of natural resources, cutting down forests, polluting waters and excessive cultivation/development that caused desertification or soil erosion. You see this from warmer surface and oceanic temperatures; melting glaciers; diminishing snow cover; shrinking sea ice; rising sea levels; ocean acidification; and declining tree and fish stock.

Oceans warming up

Hurricanes are caused by oceans warming up, building energy and vapour levels that create freak typhoons, tornados and massive downpours. At the same time, droughts are also occurring with more frequency for longer.

Scientists estimate that global average sea level has risen by about 7-8 inches since 1900, with almost half that rise occurring since 1993. Everyday, we hear new extreme events, such as unusually heavy rainfall, heatwaves, large forest fires, floods or landslides.

Climate warming is most observable in the water-stressed Middle East and the North Africa/Sahel region, where rapid population growth created desertification, food shortages, civil conflicts and ultimately, outward migration towards cooler climates, especially Europe. This hot region accounts for 60% of global war casualties since 2000, with 10 million outward refugees. About 90% of the world’s refugees and asylum seekers come from four regions with half under the age of 18 years.

A 2016 World Bank report estimated that these water-stressed countries’ GDP could be reduced by up to 6%, with dire consequences on stability. Without water, industries cannot function, food cannot be cultivated and health can deteriorate due to disease from water-shortage and drought.

European estimates suggest that each refugee costs roughly US$11,600 per person to maintain and there are already one million trying to enter Europe last year. The OECD has classified countries such as Afghanistan, Central African Republic, Iraq, Somalia, Sudan, Syria and Yemen as extreme fragile.

Critical point

The world is already reaching a critical turning point. If the Paris Climate Accord can be implemented, with or without the United States, there is some chance of averting further global warming.

But closer home, we are already witnessing the effects of climate change on our daily lives.

In 1972, Hong Kong experienced a devastating landslide near Po Shan Road in Mid-Levels, which caused 67 deaths and collapse of two buildings. One cause was unstable ground following heavy rainfall from Typhoon Rose eleven months prior to the incident.

This tragedy in densely populated Hong Kong resulted in rigorous slope protection and inspection of drains to ensure that these slips do not occur again. I lived near Po Shan Road and admired how Hong Kong engineers regularly inspected the slope protection measures and that the drains were always clear.

In 1993, the collapse of Highland Towers in Kuala Lumpur was partly attributed to the clearing of the hilltop above Highland Towers, which led to soil erosion and the weakening of the foundations. By the time the residents detected cracks in the buildings, it was already too late. Some of my personal friends were among the 48 persons who were killed in that collapse.

Last weekend, Penang (where I live) had the worst rainstorm and floods because we were hit by the tail end of strong winds from Typhoon Damrey, one of the strongest to hit Vietnam in 16 years, leaving 61 people dead. Driving along Penang Bridge, I can see that the continued hilltop developments in Penang are leaving soiled scars on the previously pristine landscape, I am reminded of Highland Towers and Po Shan incidents. Natural disasters are acts of god, but the size of their impact on human lives are completely within our control.

Soil erosion

Soil erosion does not happen overnight, and require responsible developers and conscientious governments, as well as concerned citizens, to be continually vigilant that maintenance of roads and drains, including soil inspections, are serious business with serious consequences.

Modern technology can provide drones and inbuilt sensors that can detect whether erosion is reaching critical levels. Regular maintenance of drains and checks on stability of the soil, especially where there has been recent clearing of trees in steep slopes, will forewarn us all of impending accidents.

As cities are building more and more on hillsides subject to torrential rain, Penang should seek technical expertise from Hong Kong which has extensive expertise on the maintenance of steep hill slopes that are subject to typhoons and sudden rainfall.

Landslides are today used more in political terms than in real terms. The next time landslides happen, residents who watch daily the erosion of their natural environment will know who is really looking after their interests.

Andrew Sheng 




Related links:

No hill land approvals since 2008?

by penangforum
Former MBPP councillor Dr Lim Mah Hui wrote this piece for the press in his personal capacity: I wish to comment on the press statement by Jagdeep Singh Deo as reported in Berita Daily and many other newspapers on 24 October.

PKR rep cries for a stop to hillside development - Nation

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Friday, November 10, 2017

Sustainable Development in Penang

Why did MBPP approve the Tanjung Bungah development project?
Read more at https://www.malaysiakini.com/letters/399357#qbRd534yu1JfC551.99 
https://www.malaysiakini.com/letters/399357

The never ending torrential rain in Penang over the weekend was an act of God. A natural phenomenon which is a perpetual feature of our equatorial climate. Nobody would wish to have the heavens open up with such vengeance on any state.

Naturally, when the rain intensity is so great, floods will occur. We should always be vigilant during the annual monsoon season.

Flood mitigation starts from the local council and state government. Every council must take into consideration the terrain, rainfall and built up surfaces in their area. While we can always engineer ourselves out of a flood, there is always a cost versus benefit consideration. There are some low-lying areas in a flood plain that will perpetually be flooded when it rains and if we situate developments in those areas, we have to be prepared for such events.

On a small island like Penang, with its hilly terrain, engineering flood mitigation measures must be a long term and all-inclusive plan encompassing all urban growth zones. It will not be cheap, mainly due to the high land cost and the expense incurred to provide adequate storage for the surface runoff.

As the island develops, open permeable spaces will continue to diminish causing higher runoff to flow downstream into the coastal areas. Couple that with tidal phenomenon and the incoming surface runoff will easily overwhelm the drainage system causing a rise in water level.

The question we should all be asking is how do we reduce the incidence of flooding? Unfortunately, especially with our tropical climate, it is quite impossible to entirely eliminate flooding. Anybody that promises that is telling you a blatant lie.

With the right planning and engineering, we can reduce the incidence of flooding and lower the magnitude of the damage caused.

Penang’s terrain bears much similarity to Hong Kong. Being in the path of tropical storms and typhoons from the Pacific Ocean, Hong Kong bears the brunt of some of the regions worst storms. On average, six tropical cyclones slam into Hong Kong every year. While flooding still occurs in Hong Kong, they have managed to reduce the damage it causes.

There are many lessons Penang can learn from Hong Kong.

If DAP still wants to continue to develop the state in a sustainable manner, they must implement special flood mitigation requirements in addition to the ones provided by the JPS Masma manual. If the hills are being cleared, the increased runoff will tax the existing drainage system. Siltation will occur, evident from the brownish flood waters, as topsoil and sediment from the hills wash down into the coastal plain. These sediments, unless periodically maintained, will clog existing waterways, thus reducing drainage efficiency.

The ultimate problem with highly built up areas is the immense volume of runoff from storms. Sufficient storage areas in the form of retention ponds and green open areas should be provided to retard the flow of water into the rivers.

Due to its terrain and the high-density development on the island, it is expensive to provide adequate stormwater storage within a development.

Catchment areas next to hillslopes also have a large volume of runoff moving at a high velocity. The damaging effect of erosion is quite evident on many of these hill projects. Sometimes water currents are so strong, even paved roads can be ripped apart.

Some of the more innovative solutions for Hong Kong’s flooding problems like the underground stormwater storage system has worked very well over the years together with a comprehensive Drainage Master Plan.

The Drainage Services Department of the Hong Kong SAR constructed massive underground tanks to route surface runoff intercepted from uphill catchments during storms only to slowly release the stormwater into the natural waterways when the storm abates.

The Penang state government has a duty of care to the residents of Penang to ensure that disasters of such proportion should not happen.

Over the past four years, a total of 119 incidences of flooding has been recorded in Penang. Penang is an economic powerhouse and home to some of the world most high-tech electronics producers.

The state government has to provide a safe and secure environment for investor to house their production facilities and assets. Otherwise, multinationals might shun the island because of the cost of protecting and insuring their priceless assets. Productivity would be affected and the cost to remedy the damage.

We will only find out the true financial cost of this disaster over the next few weeks.

For Penang to recover from this tragedy, federal funding is required to repair all the damaged infrastructure within the state.

The very least they can do is to provide a COMPETENT flood mitigation plan for the state starting with a comprehensive Drainage Master Plan Study.

The Penang government has to be ACCOUNTABLE to the people and not private developers. If certain waterways and catchment areas have to be gazetted as permanent drainage and storage areas, then so be it.

The safety and well-being of the Rakyat has to come first. Lastly, in the interest of  TRANSPARENCY, Penang has to launch an inquiry into how the local council approved property developments on Class III slopes without adequate slope protection.

The collapse of many retaining structures and slope failures in such risky locations is cause to for concern because as of right now, any dwelling structure located downstream to those development could possibly be the scene for the next Highland Towers.
Kong Len Wei@konglen wei

Source: by Kong Len Wei, a Civil engineer  and councilor for Majlis Perbandaran Manjung and the Chairman of MCA Youth Perak Young Professional’s Bureau


Related Links

'The Penang government has voluminous guidelines but why are landslides still happening?'

'The Penang government has voluminous guidelines but why are landslides still happening?'
www.malaysiakini.com


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Saturday, November 4, 2017

PAC blamed Penang Island City Council (MBPP) for failing to enforce laws on hillside development

Becoming bald: A view of the clearing work seen at Bukit Relau which was visible from the Penang Bridge in November last year.

GEORGE TOWN: The Penang Public Accounts Committee (PAC) had faulted the Penang Island City Council (MBPP) for failing to monitor and enforce laws on hillside development in the state.

In its report on hill land development tabled on May 19, PAC said the lax monitoring not only resulted in unchecked hill clearing, but landowners were able to build houses, chalets, hotels and restaurants on Penang’s hill range.

“This situation happened because of MBPP’s failure to monitor and patrol hill land after notices were issued to landowners.

“This led to risks of soil erosion, landslides, mudslides, river sedimentation and disruptions to the surroundings,” it stated.

PAC’s report gained public attention after Penanti assemblyman Dr Norlela Ariffin brought it up in a dialogue session held by Penang NGOs and residents associations on flood and landslides on Sunday.

She told 200-odd members of the civil society that the report was tabled in the state assembly but never presented.

PAC stated that according to the state Audit Department, out of 31 illegal hill land clearing cases in 2015, four were in the Teluk Bahang water catchment area.

The committee, chaired by Bagan Dalam assemblyman A. Tanasekharan, visited nine of the cases on March 1.

It highlighted the Bukit Relau hill clearing case 410m above sea level and visible from Penang Bridge.

“Media reports and public comments should have been enough for MBPP and other authorities to take immediate action.

“Mitigation works on Bukit Relau have taken so long to be completed. The local authorities neither monitor the work frequently nor supply regular updates,” it added.

On illegal clearing that took place on Penang Hill, PAC expressed frustration that the actual dates and specific locations of the earthworks could not be determined because of the unsatisfactory records and monitoring.

“On Penang Hill, there was confusion on the existing agricultural plot and the new clearings.

“There are no definitions of allowable hill land agricultural works that involves digging,” it added.

PAC also objected to an earlier suggestion by the state Local Government Committee to exclude hill land earthworks related to agricultural activities from needing work permits.

Source: The Star by Arnold Loh


Related Links:

Penang's 'balding' Bukit Relau under the spotlight - Metro News


Massive works near Paya Terubong Paired Road raise fears




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Thursday, April 20, 2017

Johor’s biggest corruption cases: land and housing scandal, slapped with 33 counts of graft


TWO IN COURT: Abd Latif (right) being brought to the Johor Baru Sessions Court by anti-graft officers. He is alleged to have abetted property consultant Amir Shariffuddin Abd Raud (left) in the land development scandal.


After weeks of investigation, state executive councillor Datuk Abd Latif Bandi is finally brought to court to face 33 counts of graft. The land and housing scandal - one of Johor’s biggest corruption cases - is however set to widen as graft busters warn of more suspects to be charged soon.

MACC expected to haul up more people in land and housing scandal


JOHOR BARU: One of the state’s largest corruption scandals is about to get bigger as more people are expected to be hauled up to court in the coming weeks.

Malaysian Anti-Corruption Commission (MACC) deputy chief commissioner (operations) Datuk Azam Baki said they might be charged with the case involving Johor executive councillor Datuk Abd Latif Bandi either this month or next.

Among those to be charged, he said, were those who had been arrested previously.

However, he declined to reveal their names so as not to jeopardise MACC’s investigation, saying that no VIPs were involved.

“We are in the midst of completing our probe with the Deputy Public Prosecutor before charging them in court soon,” he told reporters after meeting MACC investigation director Datuk Simi Abd Ghani and Johor MACC director Datuk Azmi Alias here yesterday.

Azam said it was also possible for Abd Latif, who was jointly accused with property consultant Amir Shariffuddin Abd Raud of committing 33 counts of graft yesterday, to face another round of charges then.

It was reported that eight suspects, including Abd Latiff ’s eldest son as well as his special officer, were nabbed by the MACC on Feb 24.

Anti-graft officers detained them after sifting through stacks of documents seized from the state government and developers.

They also seized luxury goods, including 21 cars such as Bentley, Mercedes-Benz and Porsche, five high-powered motorcycles and 150 handbags.

On its probe into the purchase of real estate in Australia by Mara Incorporated Sdn Bhd, Azam said MACC called up 24 witnesses and visited seven premises, including a law firm, the offices of both Mara Inc and an appraiser, and their associates.

“All related documents have also been seized. We have gathered more new information, and it is a continuous investigation from the previous case in 2015,” he said.

“We need more time to complete this case as it involves another country.

“We have put in a request under a mutual legal assistance with the Australian AttorneyGeneral’s office but have yet to receive any response.

“We will also prepare the documents to be sent to Australia,” he said.

MACC had previously recorded the state- ment of suspended Mara chairman Tan Sri Annuar Musa over the same investigation.

Annuar also handed over several documents relevant to the case.

The issue came to light after Australian newspaper The Age claimed that several senior Mara officials and a former politician had spent millions of Malaysian Government funds to buy an apartment block, known as Dudley International House, in Melbourne

Azam said his officers were also in the midst of preparing a report into alleged match fixing by football players from the Malaysian Indian Sports Council-Malaysia Indian Football Association.

“We expect this case to be completed within two to three weeks after we hand over the report to the deputy public prosecutor for charging.

Source:The Star headline news

Slapped with 33 counts of graft




JOHOR BARU: State executive councillor Datuk Abd Latif Bandi has been charged in the Sessions Court here with 33 counts of graft, the earliest of which stretches back to just six months after he assumed office.

 
TWO IN COURT: Abd Latif (above) being brought to the Johor Baru Sessions Court by anti-graft officers. He is alleged to have abetted property consultant Amir Shariffuddin Abd Raud (below) in the land development scandal.

Abd Latif, 51, was sworn in to his post as Johor Housing and Local Government Committee chairman in 2013 and according to the list of charges, he allegedly abetted property consultant Amir Shariffuddin Abd Raud on Nov 13 that same year to convert bumiputra lots into non-bumiputra lots.

Yesterday, the court interpreter took about 15 minutes to read the list of charges to each of the accused in the case, considered one of the biggest corruption scandals in the state.

In total, Abd Latif is said to have abetted Amir, 44, to convert 1,480 houses.

He is also accused of helping to reduce the quantum of payment that developers had to contribute towards the Johor Housing Fund for converting these lots.

The offences, the last of which supposedly took place on Sept 13, 2016, involved payments of between RM100,000 and RM3.7mil.

Totalling some RM30.3mil, this involved development projects in Kota Masai, Tebrau, Kulai, Kempas, Nusajaya and Johor Baru.

Among the converted lots were apartments, double-storey terrace homes, cluster houses, cluster industrial lots, semi-Ds and bungalows.

Abd Latif was charged under Section 28 (1) (c) of the Malaysian Anti-Corruption Commission (MACC) Act for abetment, which was read together with Section 16 (a)(B) for accepting bribes.

Amir was charged with 33 counts under Section 16 (a)(B) for accepting bribes for himself and Abdul Latif.

Judge Mohd Fauzi Mohd Nasir set bail at RM2mil in one surety for each of the accused and ordered their passports to be surrendered until the trial was over. He also fixed May 23 for mention.

At press time, only Amir posted bail while Abd Latif, who was unable to raise the amount, was sent to the Ulu Choh detention centre.

Earlier, 15 minutes after Abd Latif and Amir were ushered into the packed courtroom, a defence lawyer stood up and asked for their “Lokap SPRM” orange T-shirts to be removed.

Both Abd Latif, who took time to hug and shake the hands of several people, and Amir then changed into long-sleeved shirts.

Abd Latif was represented by a six-man legal team led by Datuk Hasnal Rezua Merican while two lawyers, headed by Azrul Zulkifli Stork, stood for Amir.

The case was prosecuted by MACC director Datuk Masri Mohd Daud, with assistance from Raja Amir Nasruddin.

Source: The Star by Nelson Benjamin and Norbaiti phaharoradzi

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Tuesday, February 28, 2017

Developer has to compensate buyers for delays of projects, Court says


 
Take them to task: According to the liquidated damages clause, condo buyers can claim 10 per annum of the purchase price for the delay

KUALA LUMPUR: The Housing Controller has no power to grant an extension of time to developers who delay the completion of housing projects, the High Court has ruled in a landmark judgment.

This means a housing developer has to pay compensation to the affected buyers for delays in the delivery of vacant possession.

High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah also held that the regulation which empowers the Controller to modify terms of the contract of sale was ultra vires the Housing Development, Control and Licensing Act.

The judge said this in allowing an application for judicial review by 71 buyers of the Sri Istana condominiums in Old Klang Road against the Housing Controller and Urban Well-being, Housing and Local Government Minister.

Their lead counsel Datuk Wong Kok Leong told The Star the judge held that the minister’s decision to grant the developer an extension of time to complete the project via a letter dated Nov 17, 2015 was invalid.

In the letter, the minister had granted the developer a 12-month extension to complete the project.

“This means that the Housing Controller has no power to grant an extension of time to housing developers for any delay in completing their projects,” Wong said.

“Now, the developer has to pay the liquidated damages (a pre-determined sum) for late delivery of vacant possession of those condominium units.”

Wong called the decision a landmark judgment as many project developers seek extensions to complete their projects in Malaysia.

“This is a victory for all house buyers. With this ruling, the housing developer can’t just go to the Housing Controller for an extension of time to complete the project in order to avoid paying the liquidated damages to house buyers.

“This is because if an extension of time is allowed, house buyers lose their rights to claim damages for late delivery of vacant possession,” he added.

Wong explained that according to the liquidated damages clause, the condo buyers can claim 10% per annum of the purchase price for the delay.

In their application for judicial review, the condo buyers stated that they wanted to quash the decision allowing BHL Construction Sdn Bhd an extension of time for the delivery of vacant possession from 36 months to 48 months.

They also asked the court for a declaration that Regulation 11(3) was ultra vires of the Housing Development Act (Control and Licensing) Act.

Wong said the judge has ordered the parties to address the issue of costs on the next date for case management.

When contacted, SFC Mohamad Rizal said the judge also allowed a similar application involving another group of condominium buyers involving the same developer and project.

Source: By  m. mageswari, royce tan, thean lee cheng, eugene mahalingam, The Star

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