ISSUE 6/2023 – FEDERAL COURT DECIDES THAT PENANG LOCAL AUTHORITY HAD ACTED BEYOND ITS POWERS

Federal Court case of PERBADANAN PENGURUSAN SUNRISE GARDEN KONDOMINIUM v. SUNWAY CITY (PENANG) SDN BHD & ORS & ANOTHER APPEAL

The law relating to planning approval, particularly in relation to development on hill land and steep slopes in the state of Penang, was considered.

The central issue in these appeals pertained to the validity of the planning approval granted by the local authority and whether the Penang State Planning Appeal Board had erred in law or fact in setting aside the said approval.

The Federal Court, in overruling the decisions of the lower courts, found that the local authority’s decision in the granting of planning permission was ultra vires and, hence, void.