Thursday, May 10, 2012

Appeal Board allows Residents' Objection

Media statement by M.Kula Segaran, MP for Ipoh Barat and DAP National Vice Chairman on 10th May2012

Appeal Board allows residents objecting the operation of child nurseries which is a long awaited decision for the people of Bercham

Laluan Tasik Timur 16 at Bercham is a cul-de-sac with only 12 houses. Out of the 12 houses, 4 houses there are presently operated as child nurseries center.

Earlier when this case came up for hearing, I had listed out the main complaints of the residents namely;

1)      allowing these centers results in heavy flow of traffic and it disrupts the residents” peace and quiet. Every day, cars are indiscriminately parked in front of the residents’ houses to allow the young toddlers to alight from the parents’ cars and this obstructs free flow of traffic

2)      the surrounding area is a heavily populated area with hundreds of houses. There is also a flat just across the road which has over a few hundred units. All these result in heavy traffic flow from Jalan Taman Sri Dermawan into laluan Tasik Timur 16 .

3)      to allow 4 centers on  a road where it’s a cul-de-sac is very very unusual. In fact, the Town and Country Planning Act specifically mentions “neighboring” areas to a center as according to Section 21(8) (c) is one which is 200 meters from  the center. This requirement was not complied with; at all as notices to start the centers were given to a handful of people only and not to all possibly affected by staring these centers.

4)      noise pollution is heavy as the amount of traffic namely cars using this small road is unusually heavy.

5)      loud music and noise emits from the child care centers as toddlers as young as 3 are attending the child care centers.

Although the above objections were already submitted to the local council authority yet the objectors were never called to hear their objections.

Today I narrated to the Appeal Planning Tribunal the reasons why the objectors” appeal should be allowed. Among the issues raised were;

1)      The neighbors as defined in the Country and Planning Act namely the objectors were not notified of the right to object before the local council approved the license to operate as nurseries- Section 21(8) (c) no observed at all by MBI
2)      the objectors were not heard - a fundamental flaw which is inexcusable and thus the approval to operate the nurseries should be disallowed
3)       One Haji Mohd Sazali bin Nordin had attended the hearing at the local council but the local council could not provide the person’s address and identity number

The Appeal Board unanimously agreed with our appeal and the licenses to operate premises number 84 and 86 have been cancelled.

The objectors called upon the local authority (MBI) to take necessary action to prevent the nursery operation at the above places with immediate effect

House no 98 has been operating without the necessary approval as a child care nursery. The operator of this concern is the same person as the one who operates premises no 84 and 86.

Although MBI rejected the application to operate the nursery over a year ago, yet the person has been operating it with impunity.

We also met the legal department of the MBI today and told them to file proceedings in court to bring the operator to court and if need be, the MBI should take out injunctions to prevent the child nursery centers from operating.

1 comment:

  1. Mr Kula,

    We are the people who lives and grow up in Bercham, Ipoh, Perak. We may have also voted for you in the past election. There is trust and hope placed in you and DAP by the people of Bercham, you won. But we are also parents and our children is our top priority.

    The Children's House is a Montessori based learning center for children and have been operating there for more than 10 years. Yes, my child is learning in this center and so is many more people of Bercham and Ipoh doing similar. Living in this are since we are young, we can tell you first hand on the experience of the people in Bercham on this child center.

    Let's look at the details:
    1) The Children's House is not the only child center operating in resident based building. In Bercham alone there is at least more than 5 or more different operators but similar premises here. Is every one of them will be closed? Why is The Children's House be singled out?

    2) Out of the 8 houses in Laluan Tasek Timur 16 and all the other houses in the surrounding area; how many houses did not send their children to this child center? In the Chinese philosophy, Mencius's mother move their home 3 times until they came to live next to a school. How can an education center for your children near your home be bad?

    3) May we know how many residents have complain? Let's take the numbers and compare it with the total people who supported the child center. Would this be more democratic approach (DAP)?

    4) For every children, they may have 2 parents, 2 grand parent (excluding other family members). This is 4 votes per single children. This center at least have about 100 student (more) and have been operating for more than 10 years. That is 4000 votes for you and DAP.

    If you know anyone living in 85 or 87 Laluan Tasek Timur 18. May they be your friends or your ex-employee, kindly ask them to stand out and comment. You can also visit this premiss and see the actual condition yourself, I am sure people of Bercham will welcome you.

    Please do not glorify this small battle between a small child nursery center in your blog. Yes, you can win the battle but hopefully this will not cause DAP to lost the war. BN under Mr Najib have improved much, so does PKR Selangor and DAP Penang. You should plan improvement for Perak, Ipoh to win the hearts of the people. Killing off a child nursery center is not going to help but make the situation more beneficial to your contenders in election.

    Please be fair, be just, be transparent and be democratic. This is what we see in DAP and hope from a true leader. 

    Best Regards,
    Wong Chin Chiew
    (Normal Ipohan and parent)