Permission may be granted for up to 21 years, says PTGWP
GAZETTED green spaces in Kuala Lumpur can be leased for non-green uses.
Federal Territories Lands and Mines Office (PTGWP) stressed that such approvals were subject to planning controls and land-use conditions set by the authorities.
It said guidelines governing non-green use on gazetted green space land were also subject to the development order (DO) issued by Kuala Lumpur City Hall (DBKL) to allow works on the site.
It added that the duration of use depended on approvals by Federal Territory of Kuala Lumpur Land Executive Committee (JKTWPKL).
“Lease applications for reserved land may be approved for a maximum period of 21 years, while temporary occupation licence (TOL) applications may be approved for up to three years,” PTGWP said in a statement responding to the July 7 StarMetro front-page report “Green puzzle”.
The report followed public concern that some gazetted green/open space sites were being used for commercial purposes like restaurants, vehicle showrooms and carparks.
On the presence of commercial premises on land gazetted as green spaces, it said investigations would first need to be carried out to determine whether the occupation was legal.
It said enforcement action could be taken under Section 425 of the National Land Code (NLC) against commercial premises found to be occupying land unlawfully.
A total of 543 sites have been gazetted for the purpose of open spaces and green areas in the MyHijau database, as of May 7.
It was reported that a special task force was conducting inventory to ensure land use was aligned with each site’s gazetted space.
PTGWP also said there was no legal provision under the NLC requiring public consultation for reserved land lease matters.
However, it said any change in the status of gazetted reserve land would require the cancellation of the reservation under Section 64 of the NLC.
Under subsection 64(2), a notice of any proposal to cancel a reservation must be published in the Gazette together with details of the time and place of an inquiry to be conducted by the state director.
PTGWP said the total number of gazetted green space lots currently being used for other purposes could not be determined immediately and that further discussions with DBKL were required.
It said any application for reserved land lease received by PTGWP must first be reviewed by its officer and DBKL’s City Planning Department.
“Only after these reviews are completed will the application be brought before JKTWPKL for a decision.”
