KOTA KINABALU: The land held under Country Lease (CL) 015628289 at Kepayan Ridge belongs to the Housing and Town Development Authority (LPPB) (the said area) and is being developed by LPPB and a Developer pursuant to the Joint Venture Agreement, which has been opposed by the surrounding residents, is not an open space nor a Sport and Recreation reserve.
LPPB General Manager Rosemary Ahping said the Sale and Purchase Agreement (SPA) entered between the residents and LPPB in the early 90s did not specify or mention in any of the clauses, provisions, plans or annexures that the said area is meant for the residents.
“The said area which was registered on December 30, 2010, under LPPB’s name and under the special term in the document of title has always been for the construction of commercial buildings.
“The said area has always been zoned as “Commercial”.
“Originally the Amateur Football Association (SAFA) had applied to construct a building in the said area and once the SAFA building is completed, LPPB was to transfer the said area to SAFA for their private use. However, on February 28, 2011, SAFA decided not to proceed with its proposal to build the SAFA building in the said area. Therefore, LPPB proceeded with the original plans to develop the said area and rezone it into “Residential C” which was then approved by the Cabinet.
“Thereafter, the said area was again rezoned to “Commercial” as LPPB proposed to develop it into commercial development,” she said in a statement today.
According to her, the rezoning was done after having considered the following:-
a) The requirement of the 10% open space for the entire Kepayan Ridge housing scheme has been met.
b) The proposed “Sport and Recreation” site in Phase 10A is not of the 10% open space.
“Some of the Austral Park residents have in fact filed a suit and an injunction against LPPB in 2014 to oppose the development of the People Housing Programme (PPR). However, the High Court of Sabah and Sarawak dismissed their application with cost to LPPB on January 22, 2015. The residents appealed to the Court of Appeal against the High Court decision, however on June 10, 2015, the Court of Appeal rejected the Appeal with cost to LPPB. They subsequently withdrew the claim and the whole suit on August 22, 2016,” she explained.
She said the development which is currently ongoing on the said area has been duly approved by the relevant authorities after all requirements and comments were compiled and satisfied by LPPB.
The Planning Permission along with the approval of the Development Plan (DP) was obtained on Mar 13, 2023, she said, adding subsequently, Dewan Bandaraya Kota Kinabalu (DBKK) requested the Developer to include Sport and Recreation facilities in the DP and which was approved on October 16, 2023.
Based on the above, Rosemary said the Developer carried out the preparations to develop the said area in early 2023.
“At the dialogue in June 2023 with the Mayor, representatives of DBKK and LPPB, the Developer, consultants, the residents’ legal counsel and some of the residents, the residents were clearly updated on the status of the development and all clarifications were rendered.
“We would like to once again say that the said area was never meant for the Austral Park residents and the idea that there would be a “recreational centre and facilities” was due to the SAFA’s proposal and only for the use by SAFA and not the residents of Austral Park.
“We hope that the above clarifies the issues raised by the Austral Park residents on Saturday (November 25),” she said.
