Land gazetted as a green lung under Section 62 of the National Land Code (NLC) must only be used in ways consistent with its intended purpose.
Planning expert and lawyer Derek Fernandez said the public must be entitled to access and use the land for recreation and other purposes consistent with its function as a public space.
“While certain supporting facilities that enhance the public’s enjoyment of a green lung may be permissible, commercial structures and businesses should not be allowed to dominate these areas, particularly where they primarily benefit private interests rather than the public.
“This is especially true where such businesses have little or no direct connection to the public’s use and enjoyment of the green lung,” he said.
Fernandez was responding to a StarMetro report on July 8 titled “Green spaces in KL can be leased for other uses.”
He elaborated that any lease granted under Section 63 of the NLC should be made public, as gazetted green lungs were public spaces reserved for public purposes.
“Disclosure of these lease agreements will enable the public to determine whether the permitted use is consistent with the purpose for which the land is gazetted.
“In addition, any continued use of a gazetted green lung must be consistent with the Kuala Lumpur Local Plan 2040 (KLLP2040).
“At the draft stage, the city plan should clearly identify that the land has been gazetted as a green lung and explicitly state if any change of use is proposed, together with the reasons why such use remains consistent with the functions and objectives of a green lung.”
He added that to do otherwise would defeat the very purpose of gazetting and protecting green lungs and other public spaces for the benefit of the community.
Fernandez said no development order should be issued for any use that was inconsistent with the gazetted status of the land.
Likewise, the KLLP2040 must accurately reflect any proposed or existing use of gazetted green lung land, he said.
“If such uses are not shown in the plan, the public is effectively denied its right to scrutinise and object to those proposals through the statutory planning process,” Fernandez highlighted.
