Post date: Sep 12, 2010 12:47:6 PM
The Star - Central - Wednesday January 24, 2007
COMMUNITY COUNCIL - By K.W. MAK and HO MENG YEN
CONVERTING a bungalow along a main road into a business premises is becoming increasingly common in Petaling Jaya, especially where the bungalows are becoming less and less habitable due to increased traffic and noise pollution.
The rules for conversion are simple, but many businesses try getting around the rules by buying up the property with the new owner applying to the Petaling Jaya City Council (MBPJ) to build a new bungalow.
With the building plans approved, the new owner proceeds to build a new "bungalow," which could be a three-storey building looking more like a showroom than a place of residence.
Once the new building is ready, an application is made to convert the place into a business premise.
The new structure, however, may cause neighbours discomfort because the new building has a higher vantage point and could allow others to invade the residents' privacy.
The taller buildings could also block off the view that was enjoyed by residents.
Residents' View
"They are cheating the Government," said Section 12 Residents Association deputy chairman A. Rajasoorian.
Rajasoorian said residents were not against the businesses if they had actually followed procedures.
Lawyer's View
Section 5 Residents' Association legal advisor Derek Fernandez said the use of residential property for commercial purposes goes against the Petaling Jaya Local Draft Plan (RTPJ1) and the Daerah Petaling dan Sebahagian Daerah Klang Structure Plan.
However, RTPJ1 allows a yearly licence for limited commercial purposes in certain areas.
"Those who violate the law are liable to be fined up to RM500,000 or have the structure demolished.
"Also, because the land is being used in a manner inconsistent with the National Land Code, it can be confiscated.
Besides that, the owner may be liable for the tort of nuisance," said Fernandez.
Fernandez reiterated that RTPJ1 specifically stated that only bungalows with the original facade intact could be used for limited commercial use, and that any building that was refurbished looses the right to convert for business purposes.
Fernandez explained that RTPJ1 was a compromise since some house owners had complained their homes were no longer habitable.
"It was a concession, but, strictly speaking, they require the Petaling District Land and Mines Office's approval to convert," said Fernandez.
"The Petaling Structure Plan identifies the reason why the conversion is not allowed, because doing so would result in an oversupply of commercial premises and that planning cannot be solely based on market forces."
Council's View
The council is aware that some of the bungalows that were demolished and rebuilt were being used for business. Council secretary Zulkepli Ahmad admitted that some of the refurbished premises were given approval to operate as businesses in the past.
"No new permits will be provided should there be any demolition," assured Zulkepli.
MBPJ Building Plans department director Hamidah Ariffin said, to date, there were no specific guidelines for the design of a residential bungalow.
The applicant has to comply with the Street, Drainage and Building Act 1974, Town and Country Planning Act 1976, the Uniform Building Bylaw and other relevant council bylaws when submitting building plans for approval.
"It is hard for us to comment on or refuse a design that is presented. Architects have their own reasoning for their designs and aesthetics is a subjective matter," said Hamidah. "So long as they comply with all the regulations and the the Uniform Building Bylaw, they can say the place is a bungalow that they would want to stay in." Hamidah said the council should, by right, monitor the usage of buildings.
In 2006, the council's town planning department issued 52 notices for wrongful usage of buildings for court action out of the 75 complaints received.
Rules for conversion to business premises under RTPJ1
The business operator must seek the approval of his immediate neighbours.
The business must operate from the existing building with only slight alteration to the building facade (meaning no breaking down of walls for the purpose of extension or increasing the floors of the building, but a sprucing up of the existing premises is allowed).
The business must not attract a high traffic volume (to prevent traffic snarls from affecting a residential area).
The business is issued a yearly licence that can be revoked if any of the above rules are flouted or there are complaints from neighbours.