5 CURRENT PRACTICE OF 3D SITUATION-CASE STUDIES

5.1 Introduction

In chapter 4, three-dimensional (3D) aspects of current Malaysian property rights and cadastre were described. In order to illustrate the way 3D situations are currently registered and recognised in the Malaysian cadastral registration, six case studies in which one case in and five cases in were selected. The purpose of the case studies is to show if current possibilities are sufficient in the National Land Code 1965 (Act 56), Strata Title Act 1985 (Act 318) and Building and Common Property (Maintenance and Management) Act 2007 (Act 663) or improvements are needed. All these case studies were selected because they represented few types of 3D situations problem that still occur in practice as well as their simplicity. All case studies are divided into dimension on, above and below surface for buildings, sky bridges, basement parking, utility transmission lines and transportation network. Lastly, the chapter will end with conclusions.

5.2 Dimension On, Above and Below Surface

The main characteristics of building properties are that many parties are involved in the ownership of the building and its related construction with different functions. Building property very valuable, therefore it is important to register it clearly and unambiguously in cadastral registration. Meanwhile, infrastructure objects such as transmission lines and transportation network are objects that are necessary to transport electricity, vehicle and people. The main characteristics of infrastructure objects are the fact that they crossing other parcel boundaries. According to Stoter (2004), from a cadastral point of view, it is important to register the property rights of these building properties and infrastructure objects not only to know who the owner is but also to indicate who is responsible for the properties and objects in case of accident and damage. B3

5.2.1 Case Study 1: and Kompleks Tun Abdul Razak in Penang

Figure 5.1: Buildings, sky bridges and basement parking above and below public road

Figure 5.1 shows a good example of a 3D situation (dimension above, on and below surface): buildings and sky bridges above and basement parking below a public road in Prangin Mall and Kompleks Tun Abdul Razak (KOMTAR). Prangin Mall is a popular shopping complex located right in the centre of Georgetown, Penang. It opened for business in the 2001. It is attached to KOMTAR and Pacific-KOMTAR via the sky bridges from level 2 and 3 which above public road, that is Lebuh Teik Soon and Jalan Ria respectively. The mall comprises six levels including a basement

floor, two levels of basement parking and a further three levels of parking at the upper floors (See Figure 5.2).

Figure 5.2: Location map of the buildings

On the cadastral map (Figure 5.3), we can outline the building above ground surface and basement parking below surface level which located between Lot 398 and Lot 399 respectively below public road that is Lebuh Lintang. The arrows indicate the view position of the photos taken in Figure 5.1. Prangin Mall is the owner and has the recognised rights of common rights of the whole building and decided to subdivide the building into individual parcel. Meanwhile, Majlis Perbandaran Pulau Pinang, the local authority holds recognised rights of ownership on the public road that is Lebuh Lintang. However, Prangin Mall possesses unrecognised rights of ownership on the building and basement parking above and below public road.

Figure 5.3: Cadastral map of the buildings, sky bridges and basement parking

KOMTAR is Penang's tallest building located in the centre of Georgetown. The 65- storey tower is a 232 m (761 ft) twelve sided geometric block atop a four storeys podium. It is a multipurpose complex consisting of office and retail commercial space, transportation hub, recreation facilities and administrative offices for the Penang state government. It also serves as a symbol of order and stability for the town and the province. Part of the complex’s first phase podium block was completed in 1978 (See Figure 5.2).

It's attached to Prangin Mall and Pacific KOMTAR via the sky bridges and building respectively from level 2 and 3 which above public road that is Lebuh Teik Soon. On the cadastral map (Figure 5.4), we can see the buildings and sky bridges above surface level which located between Lot 400 and Lot 389 as well as Lot 400 and Lot 398 respectively which above public road that is Lebuh Teik Soon. The arrows indicate the view position of the camera in Figure 5.1. The individual parcel owner has the recognised rights of common rights of the individual parcel in the building. On the other hand, Majlis Perbandaran Pulau Pinang, the local authority supposes to hold the recognised rights of ownership on the public road that is Lebuh Teik Soon. However, the public road that is part of Jalan Ria and Lebuh Teik Soon was

surrender to the management corporation of KOMTAR in order to subdivision of the building.

Figure 5.4: Cadastral map of the buildings and sky bridges

5.2.2 Case Study 2: Kuala Lumpur Sentral in Kuala Lumpur

Kuala Lumpur Sentral is a multilevel public transport interchange. It is an exclusive urban centre built around Malaysia’s largest transit hub, corporate office towers and business suites, five star international hotels, luxury condominiums and a shopping mall offering global connectivity, excellent investment opportunities, business convenience and an international lifestyle. Its infrastructure supports six rail networks which consist of the KLIA Express Rail Link, KLIA Transit, RAPID KL (PUTRA LRT), KTM Komuter, KTM Intercity and KL Monorail Services. It spread over 72 acres of land bordered by Jalan Travers, Jalan Damansara and Jalan Tun Sambanthan, situated in the southwest of Kuala Lumpur City and just 1.5 kilometres from the central business district. Figure 5.5 and Figure 5.6 show the overview picture and location map of Kuala Lumpur Sentral phase development respectively.

Figure 5.5: Overview picture of Kuala Lumpur Sentral phase development

Figure 5.6: Location map of Kuala Lumpur Sentral phase development

Kuala Lumpur Sentral is being developed by Kuala Lumpur Sentral Sdn. Bhd. This is a city-within-a city concept, providing a perfect live, work and leisure environment by dividing the office, condominium, shopping mall and railway station into common rights, and the establishment of public rights for the railway tracks. The use of common rights will be discussed in more detail in case study 4 and we will take a closer look at the public rights here. Public rights are right that entitles its holder to build and have building or construction on, above and below the surface owned by another. In the case of Kuala Lumpur Sentral, the holder of the public rights is entitled to build and own the station on the top of the railway platforms. On the other hand, the railway tracks and public roads are owned by other in private rights. The cadastral map of this is shown in Figure 5.7. The arrow indicates the position of the pictures taken in Figure 5.5. The railway tracks are on top of the public road which is erected on Lot xxx, the shopping centre is on the same floor and on top of the railway platforms on Lot xxx.

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Figure 5.7: Cadastral map of the building

5.2.3 Case Study 3: Underground complex in Kuala Lumpur

Figure 5.8: Overview picture of Plaza Putra

Figure 5.9: Location map of the building

The Dataran Merdeka (Merdeka Square), a field fronting the Royal Club was extensively used for cricket, hockey, tennis and rugby matches until the mid- nineties when the whole area was rebuilt to accommodate an underground parking lot, shopping, restaurant and complex. Beneath the square is a food, leisure and entertainment complex known as Plaza Putra which contains a theatre, food court, restaurants and souvenir shop and car parking. Figure 5.8 and Figure 5.9 show the overview picture and location map of Plaza Putra respectively.

On the cadastral map (Figure 5.10) we can see Merdeka Square that is Lot xxx was originally the cricket green and rugby field belonging to the Selangor Club, now called Royal Selangor Club. The field was reclaimed by Kuala Lumpur City Hall in 1987 which holds a recognised private rights of the field and developed into an underground shopping mall and car parking which owned by many individual proprietors with an unrecognised public rights. Although National Land Code 1965 (Act 56), in Section 92C and Section 92D allowed underground land under State land and alienated land being alienated, and also National Land Code (Underground Land) (Minimum Depth) Regulations 2006 had specified the minimum depth of underground land to be alienated, however, the underground land subdivision was still pending and sadly said currently the whole Plaza Putra was closed for reconstruction.

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Figure 5.10: Cadastral map of the building

5.2.4 Case Study 4: Utility transmission lines in Kuala Lumpur

Figure 5.11: Picture of transmission lines above public road

According to Ganesan and Sreejamole (2009), transmission line is a device designed to guide electrical energy from one point to another. It is used, for instance, to transfer the output energy of a transmitter to an antenna. A transmission line is also used to connect the transmitter and the antenna. The transmission line has a single purpose for both the transmitter and the antenna. This purpose is to transfer the energy output of the transmitter to the antenna with the least possible power loss. National Grid Malaysia is the main electricity transmission network linking the electricity generation, transmission, distribution and consumption in Malaysia. It is operated and owned by Tenaga Nasional Berhad (TNB). The transmission line voltages for Malaysia are operating at 132kV, 275kV and 500kV. (P542)

Figure 5.11 shows a transmission lines across a public road. According to Malaysian Land Law, land reserved for public roads and transmission lines are not allocated with lot number. Public roads in municipal area are owned by local authority while transmission lines are given leasehold both holds recognised private rights. A cadastral map (Figure 5.12) shows the transmission lines across Jalan Langkawi in between Lot 27322, 27323 and 27321, Lot 27324 and Lot 27325 as well as Lot 21569 and Lot 21571.

Figure 5.12: Cadastral map of the transmission lines

5.2.5 Case Study 5: Light rail transit track, tunnel and station in Kuala Lumpur

Figure 5.13: Light rail transit track, tunnel and station

Rail transport in Malaysia comprises heavy rail, light rail transit (LRT), monorail and a funicular railway line. LRTs are used for urban public transport. The two lines in Kuala Lumpur are the (PUTRA LRT) and the Ampang Line (STAR LRT). The PUTRA LRT is a driverless automatic system with 29 kilometres long, running between the northern and eastern suburbs of Kuala Lumpur and Petaling Jaya to the west of Kuala Lumpur. It is mostly elevated except for a 4.4 kilometres tunnel stretch where it goes underground and there is a short at grade stretch at about 2.2 kilometres. It includes 18 elevated stations, five underground stations and one station at grade. Figure 5.13 shows certain screen on Light rail transit track, tunnel and station.

The location map in Figure 5.14 shows a part of the Kelana Jaya Line from Damai Station- Station-KLCC Station. Damai Station is an elevated station and the other two are underground station. This rail track cut across many lands, some parts of the track are located on ground surface and some are below the surface level. However, most rail track is above the road surface.

Figure 5.14: Location map of the light rail transit track, tunnel and station

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Figure 5.15: Cadastral map of the light rail transit track, tunnel and station

5.2.6 Case Study 4: Multifunctional building complex in Kuala Lumpur

Figure 5.16: Overview picture of Plaza Damas

Nestled among Puncak Prima Condominium, Menara Hartamas Condominium and the nearby townhouses, Plaza Damas is a multifunctional building complex which consist of offices, shopping centre, residential, commercial cum car parking development. Hartamas Shopping Centre is integrated into the Plaza Damas development with approximately 200,000 square feet of space spread over three levels. It is situated among complete streets, shop offices, service apartments and alfresco shopping arcades, giving the area a holistic, neighbourhood feel. Since opening, it provides residents a place to relax not only on weekends but also every day. Figure 5.16 and Figure 5.17 show the overview picture and location map of Plaza Damas development area respectively.

Figure 5.17: Location map of the development

Plaza Damas development consist of 13 towers on a big podium with shopping complex and car parking on Lot 56228. Tower ‘A’, ‘B’, ‘E’, ‘F’, ‘G’, ‘H’, ‘I’, ‘J’, ‘K’, ‘L’ and ‘M’ are shop houses on ground floor and offices for the rest while Tower ‘C’ and ‘D’ are fifteen storeys residential houses. The whole development had been subdivided into 1110 individual parcel and the survey was completed in August 2006 while the certified plans were approved two years later. Figure 5.18 and Figure 5.19 show the cadastral map and cross sectional plan of building of part of the development respectively.

Figure 5.18: Cadastral map of the development

Figure 5.19: Cross sectional plan of building of part of the development

5.3 Conclusion