The High Court today granted an application by One Bangsar in Jalan Ara here, to stay the court’s refusal of its bid to quash the Kuala Lumpur mayor’s decision in disallowing a further extension of the planning permission for the outlets. Judge Datuk Mohd Zawawi Salleh allowed the application by Markibra Services, the developer of the nine restaurants in One Bangsar, to stay the court ruling pending its (Markibra Services) appeal over the decision at the Court of Appeal.
Mohd Zawawi, who on Oct 6, dismissed Markibra Services’ judicial review application to quash the mayor’s decision, ruled that there was no legitimate expectation created by the respondent because the planning permission was granted on a temporary basis.
He said the planning permission was to be renewed every year.
The planning permission, which is a temporary approval for the change of land use from residential to commercial status, expired at the end of last year. Kuala Lumpur City Hall had granted Markibra Services the maximum of five-year planning permission. In its judicial review application filed on Feb 25, this year, Markibra Services sought the court’s order to quash the mayor’s decision in not allowing a further extension of the planning permission.
It also sought the court’s order to compel the mayor to grant a renewal of the planning permission for 10 years or any period deemed fair and reasonable by the court.
Markibra Services was represented by counsel Tommy Thomas while B. Thangaraj, appeared for mayor Datuk Seri Ahmad Fuad Ismail. Ahmad Fuad had reportedly said that the planning permission was not extended after taking into account residents’ demand that Jalan Ara regain its residential status.