As reported in the latest issue of Buletin Mutiara , Penang Chief Minister Lim Guan Eng clarified that the state government had actually rezoned the infamous Bukit Relau - now dubbed “Bukit Botak” - back to its original status so that it could be rehabilitated. He said the development on the hill was illegal, and that the rezoning was to correct the wrong which was done earlier during the time of BN government.

In a separate statement, state executive council in charge of local government, flood mitigation and traffic management committee Chow Kon Yeow challenged Gerakan to show evidence that the clearing on Bukit Botak for development had been approved by the Penang City Council (MBPP). He said what was said to be approval by the State Planning Committee (SPC) was actually an action to rehabilitate and regularise the status of the lot with its neighbouring lot that was zoned as residential by the BN government.

Thus, the SPC’s action on Bukit Botak is totally inconsistent with its rezoning of the shophouses in the residential zone of Desa Jelita, Permatang Damar Laut, from the original “residential” to “industrial” on June 14, 2012. This cannot be blamed on the previous government.

Desa Jelita is a housing scheme in a residential zone in Permatang Damar Laut which was developed in the late 90s. As is common and allowed by law, some shophouses were also built in the scheme for commercial use. About 10 years later, factories started operating illegally in the shophouses and a complaint was made to the then Penang Municipal Council (MPPP) which inspected, confirmed and said action would be taken under Sec 27(2)(a) of the Town and Country Planning Act 1976.

Having stated that evidence was being gathered to charge the illegal factory operators in court, the Town and Country Planning Department then made a complete U-turn, giving the excuse that it was having difficulty gaining access (menghadapi kekekangan) into the factory premises to take pictures, and that without solid evidence it could not take court action. This letter dated Aug 20, 2010 was signed by Senior Deputy Director Hj Roslan Bin Ramly.

Then the department began ignoring further enquiries, and assistance of the Public Complains Bureau (PCB) was sought. On Oct 17, 2012, the PCB replied stating that the SPC had approved the rezoning of the shophouses from “residential” to “industrial” on June 14, 2012.

Through the exco member for town and country planning and housing, it was learnt that the SPC can give directives to the Local Authority, which the latter must carry out.

Unanswered enquiries

Further enquiries about how SPC’s directive to convert the zoning of the shophouses from residential to industrial has helped to raise the quality of life of the residents living just across a four-metre back lane from the factories, have gone unanswered.

It therefore behooves the chief minister to explain the SPC’s directive to the Local Authority to convert the zoning of the shophouses from residential to industrial, causing the Town and Country Planning Department to stop its enforcement action and tell a lie about the difficulty of gaining access to the illegal factories so as to carry out the directive of the SPC.

The manifesto for the last election was titled ‘Pulau Pinang: Bersih, Hijau, Sihat, Selamat’. In keeping with the letter and spirit of this manifesto, when will the shophouses in Desa Jelita be rezoned to their original status of “residential” and the illegal factories evicted?

If there is no intention to return the shophouses to their original status of “residential” and get the illegal factories out of them, then in keeping with the policy of being ‘Competent, Accountable and Transparent (CAT)’, an explanation should be given as to how factories operating just across a four-metre back-lane from residences make the life of the residents healthier than before the factories illegally moved in.

Moreover, is it the right precedent to set by bending backwards to legalise the illegal factories in the residential shophouses by rezoning them from “residential/commercial” to “industrial”? Is this the correct model for the development of Penang into a cleaner, greener, safer and healthier Penang?

People who spent their life savings to purchase houses here did not bargain for factories to be legalised in the shophouses. They had performed due diligence by making all necessary enquiries before buying the houses and were assured the whole of the Eastern side of Jalan Permatang Damar Laut had been zoned as “residential” and that industrial activities were not allowed by law in residential zones.

Is it therefore unfair for the residents to complain and to ask why they are urged to sacrifice for the industrial development of Penang when residents in all other housing estates in the state are not called upon to make the same sacrifice?