Kepayan residents in Austral Park urge developers to stop land-grabbing


KOTA KINABALU: Residents in Kepayan, specifically in the Austral Park area close to the city, want housing developers to stop land grabbing.

Their spokesperson, George Thien said that the land being developed at the area now belonged to residents, whose sales and purchase agreement had specified that this Kepayan Ridge Open Space was to be used for sports and recreational activities.

He said in brief, according to the Master Plan of the Kepayan Ridge Housing scheme, the Sport and Recreation Reserve belonged to Kepayan Ridge residents and was part of the 10% of overall public open space reserved for public use, depicted in the Master Plan of Kepayan Ridge Housing Scheme.

He said during the early 90s, residents entered into sales and purchase agreements to purchase their house, relying on the Housing and Town Development Board’s representation that the open spaces and sports and recreational reserve would be made available for their use.

Thien said this is listed in the first schedule of their Sales and Purchase Agreement.

“After more than 20 years waiting, the Sports Recreation Reserve has yet to materialise, and it has suddenly been converted into a Commercial Mixed-Use development, currently under construction,” he said.

He said according to the requirement for rezoning for other uses, approval from the Sabah government was needed, subject to the requirement of the central board (currently named as state planning council).

Thien said there was a plan from the board to redevelop it to the People’s Housing project in 2013, but failed due to objections from local residents.

He claimed that an earlier approval in 2019 of the land conversion from the original designation for sports and recreation purposes to the now commercial mixed-use was then issued.

“However, the development approval certificate began on Sept 20, 2019, and ended on Sept 20, 2021. The certificate lapsed,” he said.

Shockingly, early this year, residents learned through the media that a condominium development plan was already open for booking and sales, said Thien.

“Earthwork has begun, and trees have been cut down to accommodate the development, how is this possible?,” he asked.

He said residents have gone to ministers and local authorities for answers, but there were many discrepancies given by the authorities including Luyang assemblyman Datuk Phoong Jin Zhe on the status of the land as opposed to the development taking place.

“We first had a gathering with Phoong in March this year, who at that time, confirmed that this land is still under the Sports and Recreation Reserve,” Thien stated.

He said a subsequent meeting was held in June, where residents sought advice and guidance during a dialogue session with Phoong, involving the participation of the Mayor, representatives of City Hall, project developer and consultants.

“Residents again submitted their petition going against the current development, but no clarification has been given,” he alleged.

“Furthermore, the current construction commenced without the display of the Development Plan Approval serial number on the development board, which goes against any construction standards of practice,” Thien claimed.

He said residents in the area want not only answers, but also for the land to be given back to them and developed according to the original plans.

“We want our land back. We want the recreational grounds and facilities to be built, not these high-rise residential units,” he stated.

Thien and several dozen residents had staged a peaceful protest at the site on Saturday morning.

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