My email to Rosemary Ahping of LPPB on 14.4.2025

 

From:luqmanm2002@yahoo.co.uk

To:Rosemary.Ahping@Sabah.gov.my

Cc:Della.Sinidol@Sabah.gov.my,topwiracorporation@yahoo.com,arkiteklys@gmail.com,zlsemsb@gmail.com,zaidunleengsabah@yahoo.com

Mon 14 Apr at 13:23

Dear Puan Rosemary Ahping,

I am writing to follow up on my email dated 31 October 2022, regarding critical safety concerns at Vistana Heights Phase 1, specifically the absence of a retaining wall behind houses S10 to S1, where there is a steep drop exceeding 20 feet. Regrettably, I have not received a response to that email, and the matter remains unresolved, prompting this urgent request for clarification and action.

In my original email, I highlighted the precarious situation due to the lack of a retaining wall, which leaves the slope vulnerable, and requested confirmation on whether such a wall was included in the approved design. Additionally, I proposed a meeting with representatives from LPPB, Topwira Corporation Sdn. Bhd., the management of Vistana Heights, and other relevant parties to address these concerns. As the safety of residents is paramount, I am reiterating these requests on behalf of affected homeowners.

Since my last correspondence, I have engaged with Andy, your architect, who claimed that no retaining wall was deemed necessary for lots S3 to S10. According to him, the developer and engineer, supported by a geotechnical consultant, determined that tall trees growing on level ground below the slope are sufficient to prevent erosion and ensure stability. However, this explanation raises serious concerns for the following reasons:

A significant soil collapse of 8.34 meters (approximately 19.85 feet) occurred behind lots SD1 and SD2, affecting the original plans for houses S1, S2, S17, and S18. These were redesigned into three-story detached houses (D18 and D17), which remain incomplete as of April 2025. This collapse directly contradicts the claim that trees alone can stabilize the hill, as the trees failed to prevent such a failure in an adjacent area.

I requested Andy to provide the detailed soil test and written geotechnical report supporting the decision to omit a retaining wall. Despite my request, no such documentation has been shared. Under the Uniform Building By-Laws 1984 (applicable in Sabah), a geotechnical assessment for a slope exceeding 6 feet—let alone 20 feet—should be documented to justify the absence of structural measures. The lack of this report undermines the credibility of the claim that trees are sufficient.

The collapse near SD1 and SD2 suggests broader instability across the hill, potentially affecting lots S3 to S10. Tree roots are generally effective for shallow soil stabilization but are unlikely to prevent deep-seated slope failure on a near-vertical 20-foot drop. Without a retaining wall or robust geotechnical evidence, the safety of residents in these houses is at risk.

It remains unclear whether the approved development plans submitted to DBKK included a retaining wall behind S3 to S10, as initially promised by the developer. If a wall was planned but not constructed, this constitutes a failure by the architect (as PSP), engineer, and contractor. If it was not planned, the justification for its omission—relying solely on trees—appears inadequate given the collapse elsewhere and the absence of supporting reports.

In light of these issues, I kindly request the following:

Confirmation on Retaining Wall Design: Please clarify whether the approved development plans included a retaining wall behind houses S1 to S10. If so, why was it not constructed? If not, please provide the geotechnical report justifying its omission.

Share the detailed soil test and written geotechnical report referenced by Andy, which allegedly supports the reliance on trees for slope stability.

Arrange a meeting at the earliest possible date with representatives from LPPB, Topwira Corporation Sdn. Bhd., Vistana Heights management, and other relevant parties to discuss these safety concerns and agree on immediate remedial actions.

Provide an update on the completion status of the redesigned houses D18 and D17, and explain how the soil collapse has been addressed to prevent further instability.

The soil collapse near SD1 and SD2, coupled with the absence of a retaining wall behind S3 to S10, raises serious doubts about the hill’s overall stability. As the Land Owner, LPPB bears responsibility for ensuring the development complies with approved plans and safety standards. The lack of response to my earlier email and the failure to provide requested documentation only heighten our concerns.

Please treat this matter with the urgency it demands, as I am preparing material for legal action against the developer and all parties concerned. I look forward to your prompt response within 7 working days and confirmation of a meeting date.

Thank you for your attention to this critical issue.

Yours sincerely,

Luqman

On behalf of homeowners at Vistana Heights Phase 1