Lease extensions to 99 years

By Izatun Shari
http://www.thestar.com.my/news/story.asp?sec=nation&file=/2010/12/2/nation/7543012

KUALA LUMPUR: State governments can approve applications for renewal or extension of leasehold land for a period of not more than 99 years unless they require the land for public purposes.

Deputy Prime Minister Tan Sri Muhyiddin Yassin said all state governments had agreed to adhere to the new policy.

“The implementation of this policy would fulfill the needs of the rakyat who are worried about losing their land titles,” he told reporters after chairing the 66th National Land Council meeting here yesterday.

Tackling land matters: Muhyiddin (left) getting ready to chair the 66th National Land Council meeting at Parliament House Wednesday. On his right is Natural Resources and Environment Minister Datuk Seri Douglas Uggah Embas. – Bernama

He said the policy, which was decided during the meeting, would be used as a guide with several conditions which include:

> leasehold land under the categories “building”, “industrial” or “agriculture” for which owners can apply at any time to extend their lease and are not bound by the remainder of the lease period;

> applicants are required to make simultaneous applications in order to surrender their land in accordance with Section 197 of the National Land Code and apply for alienation using Form Schedule 1 of the respective State Land Rules and existing rules and procedures under the National Land Code 1965;

> extension of the new lease is not more than 99 years if the land is not required by the government for public purposes;

> it is subject to imposition of relevant fees;

> the new period of the lease is effective from the date of the registration of the new title; and

> it is not contrary to any written laws that are enforced.

Asked about cases of 999 years’ lease being given by some state governments, Muhyiddin said: “This policy has been decided by the National Land Council and must be adhered to by all state governments.”

In 2008, when Perak was led by Pakatan Rakyat, the state government had awarded 999 years’ lease to some new villagers.

On another matter, Muhyiddin denied that the Umno supreme council’s decision to postpone the party elections was a sign of snap polls.

When asked whether the move was to prepare for an early general election, he said: “I never said that. The media can speculate. As far as the party is concerned, it is an appropriate decision.”

Selangor government out to address issues relating to land lease

By Yip Yoke Teng
http://thestar.com.my/metro/story.asp?file=/2010/12/2/central/7539734&sec=central

The Selangor government will soon launch an awareness campaign on land lease renewal to address the many issues that have surfaced.

Mentri Besar Tan Sri Khalid Ibrahim said the state could understand the anxiety of residents in Section 1 to 4 of Petaling Jaya Old Town pertaining to renewal of their lease.

“We are formulating the policy and we are looking at ways to lessen the people’s burden especially those who are facing financial difficulty,” he said.

He was responding to StarMetro’s cover story on Monday on the drastic increase in premium that residents in Petaling Jaya Old Town had to pay to renew their leasehold titles expiring in three to 15 years.

Left to rot: Some houses in Section 3, Petaling Jaya Old Town, have been abandoned by their owners who cannot sell or renovate the property due to the many issues involving lease extension.

They had been asked to pay between RM80,000 and RM100,000 to renew the lease but those who did it four years ago paid only RM40,000.

Residents were crying foul because many of them were retirees and hawkers who could not afford the huge sum. They also noticed that there were discrepancies in land premium, even though location, floor area and duration of lease were the same.

Khalid said the state government would give due consideration to house buyers based on their financial background and duration of ownership.

“We are looking at how the calculations should be done and we will make the formula public when we have finalised everything,” he said.

Selangor to announce policy on land ownership by year-end

By Yip Yoke Teng
http://thestar.com.my/metro/story.asp?file=/2010/11/30/central/7523252&sec=central

THE Selangor government has been researching on the legal and historical aspects of land titles in Petaling Jaya and will announce a policy statement by the end of the year.

Bukit Gasing assemblyman Edward Lee urged residents in Petaling Jaya to give the state a little more time to deal with the city’s land ownership matters. In other words, they should wait for the answer before applying for lease extension and paying the land premium that had doubled compared to four years ago.

“The state is aware of the anxiety and fears of the local population with regard to the impending expiry of land leases.

“We have been conducting an in-depth study into the legal and historical aspects in dealing with this issue, as well as its impact on the state. It is not confined to PJ Old Town, but also other areas in the city where they qualify,” he said.

Lee was commenting on StarMetro’s cover story yesterday on the drastic increase and discrepancies in premium that residents in Petaling Jaya Old Town had to pay to renew their leasehold titles expiring in three to 15 years.

He said he and other elected representatives, including Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim and deputy speaker Haniza Talha, had on previous occasions stated that the state would issue a policy statement on land ownership in Petaling Jaya by the end of this year.

“It is therefore desirable that residents wait for the decision of the state and not politicise the issue in the mean time.

Section 4 Rukun Tetangga chairman Dr K. Muthukumarasamy said the community hoped the state and federal governments could look into the matter with the evidence presented.

“Documents we discovered suggest that there might have been an oversight. Residents in PJ Old Town, which could have been privately-owned, should have freehold titles. We are not fighting with the government, we just hope they will investigate,” she said.

Petaling Jaya City councillor Derek Fernandez said that it was high time that the state government reduced the lease renewal rate.

“The issue is serious as property values have skyrocketed, making it very hard to renew leases as per formula based on the market value especially for residents in PJ Old Town who may have difficulty securing bank loan due to their age.

“It would have a tremendous impact if the state would consider announcing a reduction in the lease renewal rate from the current 0.25 market value of land to 0.125 as a recognition of the contribution of Selangor citizens who helped build the state.

He commented that the formula based on market value actually discriminated against responsible citizens who kept their properties in good condition, as they would have to pay a higher premium due to the properties’ better market value.

Selangor to make policy on land ownership

http://www.starproperty.my/PropertyScene/TheStarOnlineHighlightBox/8703/0/0

Petaling Jaya: It is better for residents in Petaling Jaya Old Town not to pay the premium to renew their leasehold titles now, as the Selangor government will soon make a policy statement.

Bukit Gasing assemblyman Edward Lee said the state was scheduled to make the statement on land ownership in Petaling Jaya by end of the year, after researching extensively on legal and historical aspects of the matter.

Residents in the oldest part of the city had a rude shock recently after learning that they had to fork out between RM80,000 and RM100,000 to extend their lease which was expiring in three to 15 years, but their neighbours paid only RM40,000 four years ago.

There is also talk that the leasehold titles held by PJ Old Town might be invalid due to an oversight decades ago.

“A special task force on land lease in Selangor was established under the office of the State Secretary to draw and execute the state’s policy to rectify anomalies currently present in land leases.

“It is therefore desirable that residents wait for the decision of the state,” he said.

Fate of hockey stadium undecided

By Tan Karr Wei
http://thestar.com.my/metro/story.asp?file=/2010/10/15/central/7228343&sec=central

TWO weeks after the one-week deadline given by Petaling Jaya mayor Datuk Mohamad Roslan Sakiman, no decision has been made on the fate of the Petaling Jaya hockey stadium.

MBPJ public relations officer Zainun Zakaria said the council had not reached a decision and that the committee was scheduled to meet today.

During the Petaling Jaya City Council (MBPJ) full board meeting in September, councillor Latheefa Koya had asked for the decision to upgrade and maintain the stadium in Jalan Selangor to be brought back to the Culture, Tourism, Youth and Sport sub-committee.

The issue went back to the August full board meeting when Latheefa and Bukit Gasing assemblyman Edward Lee debated on the issue.

Subject of controversy: The Petaling Jaya hockey stadium along Jalan Selangor.

Latheefa was in favour of turning the stadium into a multi-purpose sports complex while Lee said the stadium should be retained.

Because the stadium was a public facility, councillor Cynthia Gabriel suggested that the discussions should not be limited to the councillors and assemblymen in the area but should involve everyone in the council.

On Sept 20, the Malaysian Hockey Federation (MHF) wrote to Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim to appeal for the stadium to be retained.

In the letter signed by MHF president Tengku Abdullah Sultan Ahmad Shah and copied to the mayor, the association appealed to the state to retain and upgrade the stadium instead of changing it into a multi-purpose sports complex.

He said the stadium was badly needed for the development of the sport since there were currently only two stadiums in Selangor, with the other in Pandamaran, Klang.

If the stadium was not retained, there would not be enough facilities to support the sport as the stadiums have been widely used by hockey clubs, schools and the Selangor Hockey Association.

When contacted, Lee said he was invited for today’s meeting and would fight hard for it to be retained.

“I see no reason why it should become a multi-purpose complex. It would cost the ratepayers a lot of money and does MBPJ even have the funds for it? If they do have funds, they should be using it to upgrade existing sports facilities around Petaling Jaya,” he said.

Lee added that the meeting was initially scheduled for last week but he was only given a six-hour notice to attend it.

No answers yet to list of illegal billboard sites

http://www.nst.com.my/nst/articles/2ph2/Article

PETALING JAYA: "How many illegal billboards are there in Petaling Jaya and where is the full list?"

The questions was raised at the Petaling Jaya city council (MBPJ) full board meeting yesterday by Bukit Gasing assemblyman Edward Lee.

However, mayor Datuk Mohamad Roslan Sakiman refused to answer the question although the assemblyman repeatedly raised the question.

Instead, Roslan said a complete report on the illegal billboards in the city would soon be made public.

Lee said some billboard owners recently received notice to demolish their billboard structures.

However, there were questions raised on the full list of unsuitable billboard spots in the city.

"Why can't the council disclose the real number of the illegal billboards todate? Why is there a secret ?"

Lee told the press that there were two law suits against the council by different billboard operators. He said the billboard agreement needed to be restudied and the process in approving billboards should be revamped.

He also hoped that there would be no injustice to the public and the billboard operators.

"I will not take sides but I don't like what I see. When matters are brought to the court it will certainly expose the wrongdoings of all parties. My advice to the council is to be open and to reveal the details to the public."

Councillor Latheefa Beebi Koya, meanwhile, told reporters that there should not be any attempt to undermine the decision and implementation made by the council.

"All the decisions were made collectively and had gone through the various stages. In fact, it was also reviewed by the state government," said Latheefa.

Still many illegal structures despite new guidelines

By Tan Karr Wei and Christina Low
http://thestar.com.my/metro/story.asp?file=/2010/8/6/central/6804319&sec=central

MORE than a year after the Petaling Jaya City Council (MBPJ) introduced guidelines for billboards, such structures are still springing up at every nook and corner.

The new guidelines was launched a year ago amid protest from industry players who did not agree with the calculation of licensing fees based on 30% of revenue generated from the billboard.

Petaling Jaya residents were hoping to see their city rid of illegal billboards and for a more controlled approval of new ones.

With a high concentration of middle- to high-income residents, Petaling Jaya has become a gold mine for advertisers and sites for billboards have become a highly sought-after real estate.

Too close: A billboard along Persiaran Surian that was erected less than three metres from the kerb.

While the MBPJ has recently done its part in taking down a number of illegal billboards, some that were recently put up did not comply with the guidelines.

The erection of a billboard inside the compound of the MBPJ Landscape Department in Kelana Jaya, along the busy Damansara-Puchong Highway (LDP) in December last year is a good example of how council’s billboard site inspection committee has approved sites which were not suitable.

StarMetro has been receiving letters of complaints about billboards that seem to contravene the guidelines.

Some of the letters were anonymously sent while the rest had different names on them and usually addressed to various people like the Selangor state executive councillors, Petaling Jaya assemblymen and even Petaling Jaya mayor Datuk Mohamad Roslan Sakiman.

One of the letters highlighted a billboard in Persiaran Surian, Kota Damansara, which was built less than three metres from the kerb, which was against the guidelines.

Another highlighted a board along the LDP in Bandar Sunway, erected near the road on a traffic island.

No care for the environment: A complaint was received regarding three billboards put up in a green lung in Damansara Utama.

In a recent letter, a reader questioned the legality of three billboards that were constructed in Jalan SS21/42, Damansara Utama.

The reader questioned if it was right to construct such billboards on land slated to be a green lung.

The billboard which he mentioned was built in December last year and more had been put up since then.

There are no clear guidelines of whether a billboard could be placed on a green lung but Section 5.1.2 (vi) did mention that a structure should not be built in a roundabout, around the roundabout, road islands or on an empty piece of land where the landscape of the area was being emphasised.

There is even a billboard erected in a school compound in Bandar Utama and one within a traffic island across the road from the SMK Kelana Jaya.

Not allowed: A unipole billboard was spotted within the compounds of SMK Bandar Utama 4.

Bukit Gasing assemblyman Edward Lee confirmed that he had also received letters complaining about billboards.

“It’s troubling that after more than a year, the MBPJ and the committee that was established cannot get their act together.

“Billboards that are clearly in conflict of guidelines have been allowed to be put up and I have received complaints about them,” said Lee.

He added that to his knowledge, some of the operators had not signed the agreement offered by MBPJ because it was one-sided.

In one letter addressed to Roslan, a company stated that they had been “intimidated, harassed, threatened and forced to accept unfair terms and conditions” and were requesting for Selcat to investigate billboard issues in MBPJ.

The company also questioned why it was contributing 20% of the revenue purportedly being collected from billboard licensing fees when they only had 1% of the total billboards in the city.

Former All Petaling Jaya Residents Association (Apac) chairman Liew Wei eng, who has been invited to join the MBPJ billboard site inspection committee, said the MBPJ should be getting rid of all illegal billboards before approving new ones.

‘Unfortunately, there are still many around that do not follow the guidelines and the council has been slow in taking action against them,” he said.

MBPJ public relations officer Zainun Zakaria have yet to give a reply on the legality of the Damansara Utama billboards and the number of newly-approved billboards and illegal billboards that has been taken down.

The history of billboards in Petaling Jaya goes back to 2005 when residents exposed how billboard companies who wanted to put up billboards on public land were required to donate to the then Petaling Jaya City Council (MPPJ) Football Club to get an approval from the town planning department.

Soon after, leaked documents revealed that approval was given to one company for a 15-year outdoor advertising licensing deal.

Residents have been making numerous calls to rid Petaling Jaya of its “billboard city” reputation.

Chronology of events

Jan 2006 - Petaling Jaya residents start questioning the then Petaling Jaya Municipal Council (MPPJ) over a football club formed in 2000 when the council had wanted to raise the assessment rates by 10%. Allegations that the club was spending some RM15mil from billboard advertising started to surface.

Feb 14, 2006 - Residents request for full set of accounts for the years 2000 to 2005 and other relevant documents. Among those vocal in speaking out on the issue were then Section 5 Residents Association legal advisrr Derek Fernandez (current MBPJ councillor), Taman Mayang Jaya Residents Association chairman Liew Wei Beng (recently stepped down as All Petaling Jaya Residents Association chairman) and Section 5 Residents Association chairman Edward Lee (current Bukit Gasing assemblyman)

March 2, 2006 - Then MPPJ president Datuk Ahmad Termizi Puteh was quoted as saying that the football club was sponsored by various companies and the council spent RM5mil for the club in 2005, with sponsors contributing RM4mil.

March 8, 2006 - Residents produce evidence of impropriety where the MPPJ Sports and Cultural Club issued receipts for a book that was produced by MPPJ.

March 23, 2006 - Residents reveal that MPPJ does not have a clean bill of accounts as shown in the auditor-general’s website and the council’s accounts have not been published in the Gazette since 1999.

March 29, 2006 - MPPJ finally reveals their summarised accounts to residents for a brief period of two hours and 30 minutes. Photocopies were not allowed. Residents made handwritten copies of the accounts.

March 31, 2006 - Residents reveal the facts they gleaned from the accounts, which includes RM38.6mil in arrears that was accrued from 1999 to 2004. They also could not find any trace of the football club’s monies or revenue from billboard advertising.

May 31, 2006 - Termizi confirms a newspaper report that the council was mulling over the possibility of awarding a single consortium advertising rights for areas under its jurisdiction.

June 8, 2006 - PJ residents reveal that unknown people have leaked out council documents. The documents reveal that approval for a proposed privatisation of outdoor advertising licensing to Seni Jaya Sdn Bhd for 15 years was given to the company, despite the councillors not having signed their approval.

June 28 2006 - A search at the Registrar of Societies (ROS) revealed that the MPPJ Sports and Cultural Club had not disclosed its accounts and other relevant documents since 2001 while there was no information on the football club.

June 29, 2006 - Sources claim that media contractors seeking to build billboards on public land are required to get an approval from the town planning department, with a minimum donation of RM10,000 to be made to the MPPJ Football Club before they are allowed to pay for the licence.

June 30, 2006 - During the fullboard meeting, the MBPJ rejected the privatisation proposal

April 16, 2007 - Seni Jaya Sdn Bhd threatened the Petaling Jaya City Council (MBPJ) with a lawsuit for the breach of contract of a deal worth RM379mil in total and demanded unspecified damages.

May 9, 2007 - MBPJ had asked Seni Jaya to produce documents that would show that the council had such an agreement with the company but did not receive any.

July 25, 2007 - Petaling Jaya mayor Datuk Mohamad Roslan Sakiman considered the billboard case closed with the closure of the MPPJ Football Club and the MPPJ Sports and Cultural Club despite.

July 2008 - New councillors appointed by Pakatan Rakyat sworn in.

Aug 2, 2008 - After councillors appointed by Pakatan Rakyat sworn in, MBPJ announced that it would obtain temporary occupational licences (TOL) for billboards and lease out these approved pieces of land to billboard operators to generate income for the council

Sept 12, 2008 - Residents question why new billboards were being erected despite freeze by state government in July and Selangor State local government committee chairman Ronnie Liu then asked for billboards erected after March 8 to be taken down.

Nov 17, 2008 - MBPJ hold consultative dialogue with stakeholders on the formulation and implementation of a new billboard policy, chaired by councillor Derek Fernandez. Tempers flared as industry players object to the new licensing fee structure where they will be charged 30% of the billboard revenue.

March 5, 2009 - The new billboard guidelines finally launched by MBPJ after months of feud between the council and industry players.