26 Mar 2019
Perbadanan Pengurusan Sunrise Garden Kondominium 1. Sunway City (Penang) Sdn Bhd 2. Majlis Bandaraya Pulau Pinang 3. Lembaga Rayuan Negeri Pulau Pinang
- Citation
- P-01(A)-222-07/2017 (Mahkamah Rayuan)
- Court
- A
- Case number
- P-01(A)-222-07/2017 (Mahkamah Rayuan)
The Court held the SPC Guidelines were valid directions under section 4(5) TCPA, Category 2 of the Guidelines must be read disjunctively (subparagraph (c) stands alone to cover sites zoned for housing under the local Pelan Dasar), MBPP properly relied on JPBD confirmation and statutory approvals (EIA, JKR) and therefore lawfully granted planning permission; the Penang State Appeal Board misinterpreted the Guidelines, exceeded its jurisdiction and its decision was quashed by the High Court and that quashing was upheld on appeal.