Court upholds Appeals Board’s stay order on condo project

GEORGE TOWN: A developer has failed in its bid via judicial review to set aside the stay order issued by the Penang Appeals Board on its high-rise project in Pykett Avenue here.

A High Court here upheld the decision of the board in the issuance of a stay of implementation of planning permissions to Klassik Tropika Development Sdn Bhd, which prevents the developer from proceeding with the construction of condominiums.

The judicial review application filed by Klassik Tropika on Sept 7 last year had named seven respondents. They are the board, Penang Island City Council and five residents – Ang Sue Khoon, Goh Yee Hoon, Yeoh Soo Lin, Lilian Oh Lai Lin and Oh Chit Soon.

In its application, it sought to set aside the decision made by the board dated June 26, 2015 which suspended the implementation of the planning permission in response to the application made by the five residents.

In his judgment yesterday, Judicial Commissioner Lim Chong Fong said the board has the jurisdiction and power to make such an order.

He affirmed that the decision was properly made and ordered the developer to pay RM5,000 in costs to the Appeals Board, RM25,000 to Ang and RM25,000 to Lai Lin and Chit Soon.

The board was represented by Azlina Hashim and Charanjit Singh, MBPP by Karin Lim, Ang by Ong Yu Shin while Daphne Choy and Eric Cheah appeared for both Lai Lin and Chit Soon. Goh and Yeoh were unrepresented.

It was previously reported that Klassik Tropika had, in July 2010, demolished the 19th century Khaw Sim Bee Mansion which stood at the proposed development site in Pykett Avenue.

The then Penang Island Municipal Council (MPPP) issued a rebuild order on Feb 17, 2011 but the mansion was not rebuilt.

MPPP then approved the developer’s application for planning permission to build mega condominiums at the site on Nov 11, 2014.

Penang Citizens Awareness Chant Group (Chant) adviser Yan Lee said the decision has reaffirmed that the board could consider public interest and check on MBPP.