Appeal Board allows Residents' Objection

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