Council fails to set aside order to allow kindergarten’s operation

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The High Court finds no procedural impropriety or illegality in the Selangor Appeals Board’s decision against the Subang Jaya City Council.

The then Subang Jaya Municipal Council had rejected the application to set up a kindergarten for special needs children after considering supporting letters from seven neighbours and two objections from a company which ran another kindergarten for normal children in the vicinity.

“This court therefore finds no procedural impropriety or illegality,” she said in her 18-page judgment posted on the judiciary’s website last week. Among others, the local authority said it followed two guidelines on setting up kindergartens and nurseries issued by the town and country planning department in April 2012 and July 2017.

Shahnaz said a reading of the purpose and background of the 2012 guidelines showed that there was nothing to suggest they were formulated pursuant to any provision in the Town and Country Planning Act 1976. “This court is of the view that the applicant is stretching the meaning of force of law to include any decisions of the Cabinet. This contention, therefore, cannot stand,” she said.

 

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