JUDGMENT
I. Introduction
[1] These 2 appeals concern the law relating to planning approvals, more particularly, in relation to development on hill land and steep slopes in the state of Penang. This is a matter of significance because development on hillslopes is intrinsically related to sustainable development in the context of environmental law. It brings to the fore the need for a holistic approach in decision making in relation to property development, particularly on hill land and steep slopes as, notwithstanding legislation in this regard, sustainability of development has not necessarily been ensured. The governance of property development requires constant vigilance and a holistic approach in decision making by the relevant authorities.
II. Appeal History
[2] There are 2 appeals before the Federal Court brought by the Perbadanan Pengurusan Sunrise Garden Kondominium [Civil Appeal No 01(f)-24-12/2021 (P) & Sim Khoo Tneah Seng and Goon Swee Keng 01(f)-25- 12/2021 (P)] (collectively referred to as the Appellants) against the decision of the Court of Appeal, rejecting the respective Appellants' appeal to have the planning permission granted by the local authority, Majlis Bandaraya Pulau Pinang ('the local authority') set aside. The Court of Appeal in reaching its decision, affirmed the decision of the High Court.
[3] The history of these appeals commenced with appeals brought by the Appellants to the Lembaga Rayuan Negeri Pulau Pinang or the Penang State Planning Appeal Board ('the Appeal Board'), against the decision of the local authority dated 21 February 2012, granting planning permission, to Sunway City (Penang) Sdn Bhd, the registered owner of the subject land, and also the developer for the construction of a housing development project of 600 units of housing. The proposed development envisages 13 blocks of condominiums, 3 storey bungalows as well as other structures over a total area of 80.89 acres ('Sunway'), forty-three per cent of which comprises hill land.