Tan Bun Teet 1. ) Jawatankuasa Perancang Negeri Pahang 2. ) Majlis Bandaraya Kuantan 3. ) Gading Senggara Sdn Bhd 4. ) Lynas Malaysia Sdn. Bhd.

Tan Bun Teet 1. ) Jawatankuasa Perancang Negeri Pahang 2. ) Majlis Bandaraya Kuantan 3. ) Gading Senggara Sdn Bhd 4. ) Lynas Malaysia Sdn. Bhd.

The appeal is dismissed because the judicial review application was not filed promptly and exceeded the three‑month outer limit under Order 53 r 3(6); additionally, on statutory construction the PDF for WLP did not qualify as a "major national infrastructure" or as "toxic waste disposal" triggering mandatory NPPC referral because radioactive waste is regulated separately under AELA 1984 and the development complied with the Kuantan Local Plan 2035; even if errors existed, discretionary relief to quash would be refused given EIA and AELB approvals, completed construction and overriding public interest in regulatory certainty.

Citation
C-01(A)-288-06/2023 (Mahkamah Rayuan)
Parties
Appellant: Tan Bun Teet; 1st Respondent: Jawatankuasa Perancang Negeri Pahang; 2nd Respondent: Majlis Bandaraya Kuantan; 3rd Respondent: Gading Senggara Sdn Bhd; 4th Respondent / Intervener: Lynas Malaysia Sdn Bhd
Court
A
Jurisdiction
Malaysia
Judgment Date
9 March 2026
Case Number
C-01(A)-288-06/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal From Judicial Review (planning) / Court of Appeal Judgment on Appeal From High Court Judicial Review Dismissal
Outcome
Appeal dismissed
Legal Topics
Locus Standi, Promptness/time Bar, Statutory Referral to NPPC, Statutory Construction, Discretionary Relief, Development Plan Compliance, Radioactive Waste Regulation
Source Language
Malay/English
Administrative Law Planning Law Environmental Law Nuclear/atomic Energy Regulation Judicial Review Locus Standi Promptness/time Bar Statutory Referral to NPPC +4 more

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Parties

Tan Bun Teet

Appellant

Jawatankuasa Perancang Negeri Pahang

1st Respondent

Majlis Bandaraya Kuantan

2nd Respondent

Gading Senggara Sdn Bhd

3rd Respondent

Lynas Malaysia Sdn Bhd

4th Respondent / Intervener

Procedural Posture

Civil Appeal From Judicial Review (planning) / Court of Appeal Judgment on Appeal From High Court Judicial Review Dismissal

Legal Issues

  1. 1 Whether the appellant had locus standi to challenge the planning permission
  2. 2 Whether the judicial review was filed promptly and within three months under Order 53 r 3(6) ROC 2012
  3. 3 Whether the planning authority was obliged to refer the proposal or planning permission to the National Physical Planning Council under sections 20B and 22(2A)(b) TCPA 1976

Ratio Decidendi

The appeal is dismissed because the judicial review application was not filed promptly and exceeded the three‑month outer limit under Order 53 r 3(6); additionally, on statutory construction the PDF for WLP did not qualify as a "major national infrastructure" or as "toxic waste disposal" triggering mandatory NPPC referral because radioactive waste is regulated separately under AELA 1984 and the development complied with the Kuantan Local Plan 2035; even if errors existed, discretionary relief to quash would be refused given EIA and AELB approvals, completed construction and overriding public interest in regulatory certainty.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs ordered: RM25000.00 to be paid to each Respondent, subject to allocator