一个人人都逐渐遗忘的故事。。。大城堡大道事件

一个大家都可能忘记的居民运动，其实他们还在努力着。。。因为他家门前建了大道。。。。政府忘记了他们。。。不愿听见他们的声音。。。媒体没有报道他们的消息。。。。我们也忘记他们了

他们的故事：

Background:

The KL-Putrajaya highway Project with 26KM length, from Kampung Pandan roundabout to Putrajaya. The concession was signed on 22 October 1997. However, since then, the project was reportedly put on hold due to the economic crisis. In early 2004,it was reported in press that the length of the highway had been shorten, parcel (1) from Kampung Pandan roundabout to Technology Park Malaysia was abolished and parcel (2) from Technology Park Malaysia to Putraja remained. However the Government has decided to revive parcel (1) at the end of 2004.

Package (5) of this Project starts from Salak South Garden, pass through an established residential area, i.e. Bandar Baru Sri Petaling and end at Bukit Jalil. The stretch in Bandar Baru Sri Petaling with approximately 1.25KM will be an elevated structure to be built on the existing road, Jalan 2/149, which has 32metres reserve width that services the residential area.

In year 1997,a knowledgeable resident had written to advise LLM to shift the alignment of the highway towards Zone N of Bandar Baru Sri Petaling, which has not been developed at that time to ensure adequate buffer zone is provided on both sides of the highway. However his advice was ignored. Besides this, few more residents have also written to LLM for information of the Project between 1998 to 2003,as usual LLM had ignored them.

In general, the awareness of this Project to the public is negligible as reported in the Environmental Impact Assessment report and Supplementary Environmental Impact Assessment dated June 1997 and April 2003 respective.

Authorities Blunder, People Suffer

Issues With Respect To Authorities’ Approvals Of The Project

Issue No 1 - Relevant laws, acts, guidelines and regulations have not been complied.

The elevated highway on top of Jalan 2/149, Bandar Baru Sri Petaling is set back just 2.3 metres away from the existing 200+ residential houses.

1. Under JKR guideline, a highway required a minimum width reserve of 60 meters. The existing main road, Jalan 2/149 Bandar Baru Sri Petaling has only 32 meters width reserve, which does not fulfill the above requirement.
2. Under LLM guideline, all developments are required to have a minimun setback (buffer zone) of 19m from the “right-of-way” (ROW) of a highway. There is no buffer zone provided along Jalan 2/149 to separate the highway from the existing residential houses.
3. Under National Land Code (Act 56 of 1965) section 5, buildings are defined as any structure erected on land. With respect to public health, safety and protection of environment, the planning guidelines required minimum separation distances measured between buildings or structures to property boundaries. The elevated building structure of the highway which set back 2metres from the property boundaries along Jalan 2/149 can never comply with any act, bylaws and guidelines.
4. Under the Environmental Act 1972, maximum levels of noise and air pollutions are defined for residential areas. The cumulative noise and air pollution generated by the existing road and elevated highway would far exceed the levels permitted by the Act. To-date, we have yet to be convinced by the relevant authorities that mitigation measures to be taken could reduce the noise and air pollution levels to the compliance limits.

Issue No 2 – Important concepts and pertinent information were not provided in the Environment Impact Assessment (EIA) reports, which defied the objective of EIA.

1. The two important concepts excluded from the EIA report and supplementary EIA report dated June 1997 and April 2003 respective are
• Project options/route options : unable the assessor to examine and select the best project option/route option. In fact there were plenty of route options available at the time the Project was initiated and these options are still available. These options are
  
  i) Follow Besraya Highway and bypass Bandar Baru Sri Petaling.
  
  ii) Follow Seremban Highway and bypass Bandar Baru Sri Petaling.
  
  iii) Shift the alignment towards Zone N of Bandar Baru Sri Petaling, which was still undeveloped at that time to provide adequate buffer zone on both sides of the highway.
• Public participation : valid assessment of a project on the community cannot be made without some form of public participation as public participation is the most reliable way of predicting the impact of the project on people.
2. The pertinent information not provided in the abovementioned EIA reports are as follow:
   
   a) The reserve width of Jalan 2/149
   
   b) The setback of the elevated highway from the property boundaries at the most critical area along Jalan 2/149.Instead it mentioned that a kinder garden located along Jalan 2/149 with its backyard 8metres away from the ROW.
   
   c) The potential significant cumulative impacts generated by the existing road and the proposed highway.
   
   d) Evidence to support that these impacts are no longer significant.

Issue No 3 - The relevant authorities failed to carry out their responsibilities

When the highway Project was approved in 1997, Zone N of Bandar Baru Sri Petaling abutting Jalan 2/149 has not been developed. Amazingly, the relevant approving authorities had allowed the housing development to proceed subsequently without provision of buffer zone along the approved highway Project. The following authorities should be fully responsible for

1. Lembaga Lebuhraya Malaysia (LLM) : failure to impose on the housing development a 19metres setback from ROW of the highway.

Dewan Bandaraya Kuala Lumpur (DBKL) : failure to impose or serve requisition notice under section 30 of Town and Country Planning Act 1976 (Act172) to impose on the housing development to provide buffer zone along the proposed highway.

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