“SUBANG (JAYA) TOWN PARK” – Taman Subang Ria (in Malay) (1) Introduction
Garden City was a popular concept when come to Town planning in Malaysia. So, it is popular to name a residential area as Taman (garden) so and so. Taman Ria together should mean a pleasure garden and it should be translated as a Town Park when they are for the public. This ambiguity was used by the Government and the Developer to escape their responsibility in providing a Town Park in Subang for the last 30 years, even Taman Subang Ria was official in some documents. They prefer to call it Subang Ria Park than Town Park!!.
When Sime wants to use “their” title which was wrongly issued in 1995 with restriction to “Taman Recreasi”, it Is promoted as Subang Recreational Park since 2009. In fact, it is the Landscaped area of the Water Retention Ponds designated as Town Park in Subang Jaya Master Plan in 1970’s. So, what recreational mean should be NOT MORE THAN a TOWN PARK!!
Subang Jaya Master Plan –(SS12-SS19)
Subang Jaya is a Township Development designed with the Concept of Garden City with Terms and Conditions laid down in the Master Plan approved in 1970’s with 583 ha of land from Sime. Unless, there is inconsistence with the National, State or Local Plan of that time. the terms & Conditions should govern, especially on Public area laid out or appropriated under those Acts governing Town Planning –TCPA (Town & Country Planning Act, ,SDBA (Street, Sewage & Building Act), DA (Drainage Act, EA (Environment Act) and NLC (National Land Code), LGA (Local Government Act). Etc.
It specified the total number of units of different buildings (commercial, residential, Institutional, etc.) as well as Public area for Open Spaces and other Utilities and a Population density of 7.6.
The Development was deemed completed in 1987. There should not be any additional Development, except for those facilities or Utilities that had not been provided by the State or the Developer. The Open Space and the Town Park are among the many that had been purposely left out, mishandled or even misappropriated. (More Details available)
Public Areas
They are the Common Properties of the parcel owners of the Town (Individual Title owners) in the Custody of the Local Government. Therefore, they are not within the Jurisdiction of the State nor the Local Government for re-alienation or change. But, both have to see that the Terms & Conditions in the Master Plan of 1970’s be executed by parties concerned –namely, the Developers, Utilities providers (TNB…) and Agencies or Departments of the Governments. It is similar to the Common Properties/Facilities of Strata Property – such as a Condo or Apartment where unanimous vote is required if to change. Since it is impossible for a Town to have unanimous vote, therefore, even the State is excluded from further jurisdiction of change once it was set.
Open Space and Water Retention Pond – Under TCPA
They are among the essential conditions for Town Planning, especially for the size of Subang Jaya (583ha). The Guideline are 10% (58.3ha) for Open Space and 5% of Water Surface for Storm Management. The latter, when to account also the landscaping to separate and maintain the ponds, it can easily come to 10% of the Development.
Open Space under TCPA is interpreted as” public garden, park, sports and recreation ground, pleasure ground, walk or as a public place. There is a master 10% Open Space for the overall Subang to include facilities, such as Town Centre (=Town Hall) as well as 10% for each SS section to include a garden, or a playground termed as “Taman Bandar”.
Water Retention Pond is within “drainage” under “Utilities”. There should be four ponds in series for Subang to intake Storm Water, Sedimentation, flow-retarding, infiltration, etc..However, one had gone to PKNS in 1979 for “Joint-venture” in 1986 with Emko to “Develop” Wangsa Baiduri including the Spring Villa, Summer Villa, Subang Boulevard I & II. The 10% also applied in Wangsa Baiduri but ignored repeatedly by MPPJ/MPSJ & Emko.
They are the Public space to be hold in Trust by the State to be run by the Local Government.
Land Titles
During subdivision of the land to provide individual titles to those purchasers, the Master land title will be returned to the state to be passed to the custody of the Local Government for their management with other Public Service and utility providers. Such as PWD (Public Work Department), DID (Drain and Irrigation Department), etc.. The Master Title should be marked with NO FURTHER ALIENATION and NO INDIVIDUAL TITLE for Public areas.
This explains why in August 2005, Selangor Town and Country Planning Department director Datin Paduka Dr Halimaton Saadiah Hashim had said that a mistake had been made when a separate title for Subang Ria Park was issued to the developer. (More Details available)
Local Government
Only when these Public Areas come into the Custody of the Local Government then Assessment can be charged to those properties owners. However, lots of manipulations and misappropriation were found for the last 30 years. Among them, the infamous EMKO PROPERTIES SDN. BHD. V. LEE CHOONG KHENG
Malaysia Bullies!! 