Retaining wall requirement checked by Mr. Stanley Hon Chung and approved by Datuk Yeo Boon Hai
Key References from Historical Documents
The 2018 development plan was signed by Mr. Stanley Chong, who was then the Director of City Planning at Dewan Bandaraya Kota Kinabalu (DBKK); he was later promoted to Deputy Permanent Secretary of the Ministry of Local Government and Housing.
The 1997 circular issued by the relevant authority includes the following pertinent items:
Item No. 6 – Recommendations: These have been adhered to in the approved geological and hydrological reports submitted by Applied Geotechnics (Sabah) Sdn. Bhd.
Item No. 9: A retaining wall will be provided along the boundaries of different levels between the development site and adjacent land, with a minimum 6-foot setback from the title boundary of the proposed development site.
Item No. 16: The finished final levels of the development have been clearly indicated on the drawings.
Analysis of Key Points
A soil test was conducted on or before November 1997.
In response to the soil test results, Majlis Perbandaran Kota Kinabalu (now DBKK) mandated the provision of a retaining wall between the development site and adjacent land, measured from the title boundary.
Definition of Terms: The title boundary refers to the legal limit of a property as depicted on official documents, such as the title plan, which provides a large-scale representation of the property's general extent. In contrast, a house or lot boundary denotes the physical, on-the-ground line where the structure is located or the visible edges of the lot, which may be precisely determined by a licensed land surveyor.
The engineer from Zaidun Leeng (Sabah) Sdn. Bhd. certified compliance in Form A/RS, a prerequisite for obtaining an occupancy certificate:
Malay Original:
Dengan ini saya mengesahkan bahawa penyeliaan telah di buat terhadap kerja-kerja pembinaan dan menyiapkan tembok penahan / perlindungan cerun, dan sepanjang pengetahuan yang saya ketahui kerja-kerja tersebut adalah mengikut spesifikasi dan pelan yang di luluskan olen Dewan Bandaraya Kota Kinabalu. Saya mengaku bertanggungjawap sepenuhnya terhadap setiap bahagian yang berkaitan dengan saya termasuk lukisan rekabentuk, pemeriksaan tanah (soil investigation) dan perlaksanaan kerja.
English Translation:
Hereby, I certify that supervision has been carried out on the construction works and the completion of the retaining wall / slope protection, and to the best of my knowledge, those works are in accordance with the specifications and plans approved by the Kota Kinabalu City Hall. I acknowledge full responsibility for every part related to me, including design drawings, soil investigation, and implementation of the work.
Pursuant to Item No. 16, the finished final levels of the development were clearly indicated on the approved drawings and must be adhered to. This refers to the 1995 Development Plan where the final finished levels are the same as that of the 2007 development plan attached to Faisal’s sales & purchase agreement.
This is further supported by statements from Datuk Roger Chin in the Daily Express.
Once a development plan in approved, it must be honoured. A system that undermines its own decisions is a system that cannot be trusted. Digitising the process, enforcing transparency, and upholding legality are not just administrative upgrades – they are safeguards against abuse. LINK
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