KUALA LUMPUR – Just because an approval was given, that does not mean it is right.
This is the summation of renowned planning law expert Derek Fernandez on the Subang Jaya City Council (MBSJ) mayor’s assertion that a shoplot project, by developer Hong & Hong Homes Sdn Bhd, near a gas pipeline in Putra Heights that exploded on April 1 had received council approval.
Datuk Amirul Azizan Abd Rahim yesterday said the project was approved by MBSJ in 2022 and received permission from Petronas to use its right of way (ROW) for sewerage facilities.
Amirul added that the contractor involved was panel-approved by national sewerage firm Indah Water Konsortium (IWK).
However, hours later, IWK dropped a bombshell – distancing itself from the project and confirming that the contractor involved was not part of IWK’s panel of approved contractors.
Fernandez said with so many questions abound, one should go back to the beginning.
“Based on what has been reported in the media, it is prudent to ask if the local council – in this case, MBSJ – can legally approve a sewerage facility in a gas ROW, which is a buffer zone as implied in the media report,” he told Scoop.
His comments come two days after the explosion that damaged 148 houses and destroyed 87. A total of 145 people suffered injuries of varying degrees.
“It is unclear what is meant by ‘Petronas had granted permission for the use of its ROW for sewerage waters’,” he said, quoting Amirul from media reports.
“It is a safety issue,” Fernandez stressed.
“It does not matter if Petronas, as alleged in the media report, agreed to this. In fact, I do not think it is up to Petronas. The local authority is the one which has the final say,” added Fernandez, who was a Petaling Jaya councillor and One-Stop Centre (OSC) committee member for 13 years.
“I am sure both MBSJ and Petronas understand what a buffer zone is and why it is needed. The sole purpose is to protect the pipeline from human activity, cushion vibrations and keep a distance from any safety threats.
“You’re not supposed to be digging around a gas pipeline or running sewage services or piping through the area.
“Earth movement in surrounding areas can weaken joints and structures and cause increased risk of micro leaks over time, which can build up.
“In this case, the approval process needs to be scrutinised thoroughly, as much as the determination of the cause of the explosion,” he said.
Fernandez said normally a developer must provide sufficient land for sewerage facilities, and as part of the planning approval, it must build the facility and surrender it to the relevant authority if required.
“If the developer does not do so, the certificate of completion and compliance cannot be issued. The developer must submit in its application the location of the sewerage on its own land in its proposed layout.
“Normally, the OSC will never approve of any facilities such as gas ROW or buffer zone for gas pipelines if it is clearly marked on the plan,” he said. – April 3, 2025