THE Shah Alam City Council’s (MBSA) amended guidelines for the gated-and-guarded scheme is aimed at streamlining the process and avoiding confusion.
The amended guidelines are based on the state government’s recommendations, which were sent to 12 local councils.
Shah Alam city councillor Foong Saik Hoong said the guidelines were meant to resolve or avoid untoward issues.
In recent years, the issue divided residents in existing neighbourhoods over the implementation of the gated-and-guarded scheme with local councils being trapped in the middle.
“The conflict often happens with individuals who have personal agendas.
“For it to work, residents associations (RAs) need to be united,” pointed out Foong,
Among the new stipulations is 100% approval from residents for automated gates and access cards. Approval for manual boom gates is 75%.
Barricades, which must be removable, are only permitted between midnight and 6am.
A guard has to be on duty by the barricade at other times in the event of an emergency.
Security guards are also not allowed to take away the driver’s MyKad or other documents.
Fencing is also not allowed unless the area is located near a highway, road, river or monsoon drain.
“If there is a need to fence up the area, residents will have to apply to change the land status to strata but this means all maintenance work will be their responsibility instead of the council’s,” said Foong, adding that this would comprise road maintenance and rubbish collection.
Foong pointed out that some stipulations in the amended guidelines conflict with federal law such as the Street, Drainage and Building Act 1974 Section 46 that do not allow temporary buildings or obstructions without approval.
This would include guardhouses and posts but they are allowed in the state-approved guidelines.
The amended guidelines require that submissions for approval be made to the One-Stop Centre (OSC) as well as the Planning Department for the guardhouse, speed breakers, boom gates and road excavation works.
“This way, there will be no illegal works that might pose a problem later,” said Foong.
RAs will also have to apply for a temporary occupation licence (TOL) from the land office for their guardhouses.
There will also be a one-off payment of RM400 for the guardhouse per application which was not imposed previously.
There is no requirement to obtain a certificate of completion and compliance (CCC) or certificate of fitness (CF) for the structure.
RAs will also not be allowed to block any road permanently or remove pavements to redirect traffic.
Foong said approval for the guarded schemes was previously valid for two years but it has been extended to three now.
Some RAs expressed concerns about the amended guidelines, saying it may be tough for them to comply with.
Bukit Kayangan Residents Association president Datuk Helmi Daud said there was no way a neighbourhood could get 100% approval from residents.
“Getting 75% approval is already difficult, so we had to come up with an alternative solution,” he added.
Helmi said they hired guards who patrol around the neighbourhood from 7pm to 7am but had no guardhouse.
The authorities, he added, should have consulted the RAs before implementing the guidelines.
Kota Kemuning Residents Association president Allan Lee said 100% consent is too strict.
“It would only take one resident to stall all RA initiatives,” he said, adding that the strict guidelines made it seem like the authorities did not care about residents having a safe environment to live in.
Lee said most RAs are run by volunteers who may not have the time and resources to fulfil all the stringent requirements.