In the new age of political realities, and the increased people power unlike any previously seen in Malaysian history, property development is facing more and more challenges in the planning process. Local planning authorities are under increasing pressure from over-zealous and sometimes militant resident associations and other stakeholders. This leads to overzealous decision-making by the authorities, sometimes imposing unreasonable or unusually stringent requirements on property developers, ultimately restricting the development potential of valuable land.
Lim & Yeoh offers property developers the expertise to challenge such outcomes through appeals at both the Lembaga Rayuan (State Appeal Board) as well as redress at court level. Working hand-in-hand with other technical professionals including architects, town planners, and engineers, the Firm has an unparalleled innate understanding of the issues faced by the developers. We aim to give our clients the best possible chance of successfully appealing against town and planning decisions and maximizing the development potential of their site concerned.
Case Studies
Partial Change of Commercial Free Standing Building to ‘Hotel’. This involved the challenge against the Subang Jaya Municipal Council (MPSJ) ‘s decision to reject a change in use for the 13th to 16th floor of a commercial building from ‘offices’ to that of ‘Hotel’, halfway through construction. The building concerned sat on a unique island site, which was technically free from the requirement of objection hearings from residents. The Firm successfully also prevented what would otherwise have been an ultra-vires act of the local council’s to impose a condition for objections hearing under the Town and country Planning Act for neighbouring lots. Acting side by side the architects, and town planners, the Firm was able to demonstrate the suitability, and compatibility of ‘Hotel’ use within the Building, from a legal, town planning standards, local draft plans perspective, and successfully procuring the orders from the Appeal Board to set aside the Municipal’s decision, and allowing the change in use of parts of the Building to ‘Hotel’.