Pursuant to the powers under Section 16 (1) Town and Country Planning Act 1976, power is given to revoke a local plan but no such powers however, is given to revoke a draft proposal undergoing the process of the legal amendment pursuant to a valid legal directive issued by the State Planning Committee Under Section 16 (2) Town and Country Planning Act 1976.

 

Such decisions moved by the majority of Petaling Jaya City Council (MBPJ)’s Councilors at the Board Special Meeting held on Sept 30, 2014 is contrary to the power given under Section 16 (1) Town and Country Planning Act 1976.

 

If such a decision is accepted, the decision will be regarded as ultra vires Section 16 (1) of the Town and Country Planning Act 1976.

Furthermore such a decision will unlawfully and intentionally obstruct the due process of decision making by the State Planning Committee under Section 15 of the Town and Country Planning Act 1976.

 

So as not to unlawfully undermine the powers of the State Planning Committee under Section 16(2) of the Town and Country Planning Act 1976, I as the mayor make my decision to disagree and to refer the matter to the Selangor Chief Minister pursuant to the powers given to the mayor under Section 10(7) of the Local Government Act 1976.

Pending a final decision from the Selangor Chief Minister, MBPJ will continue with the process of amending the Petaling Jaya Local Plan (1) & (2) in accordance with the provisions of The Town & Country Planning Act 1976.

ALINAH AHMAD is mayor of the Petaling Jaya City Council (MBPJ).