FOR better transparency, calls are being made to live stream One-Stop Centre (OSC) meetings for the public to listen in on discussions on development projects in their area and to know how they will be affected.
The OSC was set up to improve planning delivery systems and procedures at all local planning authorities by coordinating and shortening the approval process.
Legal experts say that councillors in the local government also play an important role representing the people’s voice during the OSC meetings.
For this same reason, live screening of local council full board meetings are available to the public.
The issue of transparency and the role of local councillors came into prominence after 19 out of 24 councillors of Petaling Jaya City Council (MBPJ) walked out of the full board meeting on May 30.
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The DBKL management meeting with Kuala Lumpur MPs in session. A former mayor suggested that a White Paper be submitted to study the need to live-stream OSC meetings. — Filepic
The disagreement started from the approval of a development project and a dispute over plot ratio in Lorong Sultan.
They walked out in a show of disapproval over mayor Mohamad Azhan Md Amir’s statement that they were not decision-makers and were only there to give input on social and political matters.
The YouTube video of the full board meeting was also removed shortly after the walk-out, raising more questions on the city council’s transparency.
Transparency is an item under Local Agenda 21 (LA21).
Statement that councillors are restricted to only political and social matters is totally against the law, says Fernandez.
Councillors’ role
Speaking to StarMetro, MBPJ councillor Derek Fernandez, who is also a lawyer, said OSC meetings should be live-streamed and recorded for the public to view.
“The OSC meeting should be open to the public because we talk a lot about public participation in planning and development.
“This statement that the input of councillors is restricted to only political and social matters is totally against the law.
“If it were true, it would mean that the state government has lost control of the OSC in all local governments, because members appointed by the state government are councillors who sit on the OSC,” Fernandez said.
He said the mayor’s statement would undermine the control of local authorities nationwide.
“What happened was a refusal to accept a fundamental principle in democracy and good governance, where the law empowers several people to make a decision, and in this case, it is the local planning authority, as stated in the Local Government Act 1976.”
Fernandez said all planning and development in Peninsular Malaysia, apart from Kuala Lumpur City Hall (DBKL), was governed by the Town and Country Planning Act 1976 with Act 172 relating to planning approval.
Petaling Jaya mayor and 22 MBPJ councillors including several state assemblyman attended a replacement full board meeting after 19 councillors walked out of the May 30 meeting. - Filepic
“The local planning authority is the only body empowered by Parliament and adopted in state parliaments that is authorised to approve planning applications,” he said.
Centre to Combat Corruption and Cronyism (C4 Centre) advisor Cynthia Gabriel expressed concerns over the hasty manner in which the approval for the project was being pushed through and the disdain with which the councillors’ opposing views were treated.
The former MBPJ councillor said that not only was this a clear example of stifling dissent, it was also perplexing how the mayor was able to insist that the decision to grant approval was made when the majority of the members of the OSC meeting had disagreed with the decision.
“The C4 Centre is concerned by the mayor’s assertion that in respect of decisions made by the OSC, the councillors’ only role is to provide input from social and political aspects, as this indicates the fundamental misunderstanding of the role councillors play in the structure of local government,” she said.
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Functions of OSC
OSC is important in the decision-making process as the risk of abuse and corruption is minimised, said Fernandez.
The Local Government Development Ministry (previously the Urban Well-being, Housing and Local Government Ministry) initiated the OSC in 2007.
MBPJ councillors know they have a say in the planning of Petaling Jaya city’s development. — Filepic
According to Fernandez, the OSC is an administrative body that does not have legal personality, cannot sue and cannot be sued.
“When people are not happy with planning approvals, they can sue the city council. That is why in cases going to court, the decision of the local authority is the one challenged, that is, they are named in the suit.
“The OSC is not there to usurp the power of the local authority. However, as a matter of convenience, instead of having 25 councillors at every OSC meeting, the councils have by resolution stated that certain councillors appointed can represent them at the OSC,” he said.
In Petaling Jaya, Fernandez said five councillors, usually comprising party whips, sat in the OSC representing the local planning authority.
“The local council makes the decisions when it comes to planning application.
“The others in the OSC meeting are technical agencies and departments assisting the local authority to make the best decisions. They do not represent the local authority,” he added.
approval
Kuala Lumpur situation
In Kuala Lumpur, there are two OSCs, one of which is overseen by the DBKL planning executive director to address technical issues related to small-scale projects and renovations.
The second is a special OSC presided over by the mayor focusing on development orders and planning matters pertaining to density, plot ratio and zoning matters.
The mayor signs off for all agreed plans made by both OSCs.
This is because Kuala Lumpur comes under the Federal Territory Act 1974 and Federal Capital Act 1960 which gives the mayor “absolute power” on policies and administration of the city.
Since Kuala Lumpur practises a single decision-making model, there has been a louder call for transparency especially in matters pertaining to development projects and planning, and sale of government land to private parties.
“It is my goal to achieve that level of transparency and good governance for DBKL, and to have OSC meetings live-streamed,’’ said Kepong MP Lim Lip Eng.
Lim’s goal is to have a high level of transparency and good governance for DBKL and to have OSC meetings live-streamed.
“Of late, there have been many cases of flood retention pond lands being alienated for development and even stakeholders that are directly affected by the sale have no say or are only hearing about the matter for the first time,’’ he said referring to the alienation of the Batu retention pond and the now aborted Bohol pond in Kuala Lumpur.
He also suggested there be local government elections to ensure true accountability.
“With an elected mayor, we give power to the people who have a say on how funds are allocated and managed and awarding of contracts,’’ added Lim.
National House Buyers Association (HBA) secretary-general Datuk Chang Kim Loong said if flood retention pond land near his house was being alienated or degazetted for development, he would want to know and have a say.
Chang said Kuala Lumpur MPs should be accorded the power to sit in OSC meetings, and be allowed to bring in their experts to discuss technical issues.
However, former DBKL Advisory Board member Tan Sri Lee Lam Thye disagrees, saying OSC meetings should be left to DBKL’s experts.
“I don’t think MPs need to get involved in planning matters, but I do feel that the mayor should have regular sessions with the MPs to keep them abreast of city matters,” he said.
