This article first appeared in The Edge Malaysia Weekly on January 30, 2023 - February 5, 2023

Last Friday, Prasarana Malaysia Bhd said it had shut down the operation of the Ampang Line LRT between the Masjid Jamek and Bandaraya stations following the discovery of a kinked track alignment near the latter.

According to Prasarana, based on initial observations, there is structural damage to the viaduct guideway, which the agency believed was caused by nearby construction work. Nevertheless, it is investigating the site to determine the cause of the damage to the track and the guideway.

At the same time, the Land Public Transport Agency (APAD) released a statement in which it made known its initial observations of the construction work being carried out near the affected area, which is within the railway protection zone.

A railway protection zone is defined as an area designated by the director-general of APAD in which the railway structure is located, whereby activities that may pose a danger to the structure are subject to regulations or restrictions. This area is protected from any development unless authorised. The authority for issuing development orders in Kuala Lumpur is Kuala Lumpur City Hall.

APAD went on to say that the development had commenced without prior consultation with the agency, as required under Railways (Railway Protection Zone) Regulations 1998. Under the regulations, the commissioner at City Hall or any local planning authority should consult with the director-general of APAD before issuing a development order or planning permission for any development in the railway protection zone.

However, this is where the situation gets murky.

The regulations also say that if consultation is not carried out, such failure shall not impede whatsoever in manner the commissioner from issuing such a development order or planning permission. In this case, since the development had commenced in the city centre near City Hall, it would be safe to assume it had been authorised by the approving authority.

It would seem that the question of whether APAD should be consulted or not is moot. If so, then why the need for such a regulation?

This issue needs to be made clear by the authorities involved in the planning permission and development within the railway protection zone.

For developers, they might find themselves caught in the middle if they followed all the requirements set by City Hall to carry out a development, only to be ordered by APAD to cease operations as stated under the Railway Protection Zone regulations.

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