Fears loom on loss of greenery in Brickfields after revised KL local plan allows commercial zoning around heritage site

STAKEHOLDERS have flagged a critical inconsistency in the revised draft Kuala Lumpur Local Plan 2040 (KLLP2040) pertaining to the century-old Vivekananda Ashram in Brickfields.

While the premises is classified as a Category 1 Heritage Building under National Heritage Act 2005, the 0.4ha site is zoned as “main commercial”.

Kuala Lumpur residents, who attended a three-day public inspection of KLLP2040 from May 7 to 9, said this fact rang alarm bells over the possibility of future development encroaching into the ashram’s setting.

In the earlier draft KLLP2020, the land was classified as a facility, utility and infrastructure zone within a heritage area.

A man at the entrance of Vivekananda Ashram looking at the colonial facade of the building and the statue of Swami Vivekananda.

However, when the plan was eventually gazetted, the zoning was changed to “mixed development”, already paving the way for commercial or high-rise projects.

The latest push for a full “main commercial” designation has now further intensified fears of the ashram being dwarfed by concrete and glass.

According to news reports, the ashram’s landowner had made several attempts over the past 25 years to either sell or develop the site.

Its board of trustees even rejected the government’s offer in 2008 to gazette the building as a heritage site.

A quiet corner of the Vivekananda Ashram complex with its colonial-style veranda shaded by mature trees. — Filepic

The ashram was officially gazetted as a heritage site on June 16, 2016, following public outcry over a proposal to redevelop the land that included a residential tower and carpark.

The designation by National Heritage Department (JWN) came after the trustees withdrew a legal challenge against the site’s heritage status.

Last year, 876 objection forms were submitted to Kuala Lumpur City Hall (DBKL) opposing the rezoning of the Vivekananda Ashram land to “main commercial”.

Worrying classification

Conservationists fear the dual classification could open the door to commercial blocks being built around the ashram, gradually chipping away its historical character and natural setting, eventually turning the area into yet another concrete jungle.

“With the zoning favouring commercial use and no heritage buffer beyond the building’s footprint, there is a real fear that the ashram could soon be dwarfed by high-rises,” said Save Kuala Lumpur Coalition (SKL) member Charles Tan.

“During consultations with City Hall officers at the draft local plan open day recently, we were told that the landowners wanted the land to remain classified as ‘main commercial’.

“We are very concerned because this zoning leaves the surrounding land wide open for overdevelopment.

“Concrete structures could soon pop up all around the heritage site, eroding its historical value and ruining its visual charm,” said Tan.

Tan says there is a real fear that the ashram may soon be dwarfed by high-rises.

He opined that if, for some reason, the Heritage Department ever delisted the building, there would be nothing to stop full-blown commercial redevelopment.

Pointing out another contradiction about the city’s local plan, he said: “DBKL has said it must comply with ‘syarat nyata’ listed on a land title, even when this clashes with the goals of the local plan.”

(Syarat nyata or express condition is a specific rule written on the land title that tells what the land can be used for – such as for housing, commercial buildings, or agriculture. It is legally binding and tied to the land itself, not just the owner.)

“It makes a mockery of the planning process,” said Tan.

“Instead of the land title being guided by the local plan, we have the local plan bending to the land title’s terms.”

He said that although the Kuala Lumpur mayor was a member of the Federal Territory of Kuala Lumpur Land Executive Committee (JKTWPKL), she only had one vote and could be overruled.

“DBKL should have the authority to veto syarat nyata changes when they go against sound planning principles,” Tan added.

Calls for reclassification

P. Tamilwanan, a member of the Save Vivekananda Ashram Group, said the draft KLLP2040 clearly categorised the site under the “main commercial” sub-category geared towards high-density development to attract investment and employment.

“The plan states that at least 90% of land in these zones must be used for commercial purposes, and 676ha have been allocated for this, including the ashram site,” he said.

Tamilwanan said residents were pushing for the ashram to be reclassified under the “public facilities” sub-category, which caters to community-based functions like religion, culture, healthcare and recreation – more in line with the ashram’s 120-year-old legacy.

Tamilwanan: Residents pushing for reclassification under ‘public facilities’ sub-category.

He noted that relying on heritage status alone was misleading, as it created a dangerous loophole.

“You have a building that is protected, but the land around it is a free-for-all.

“That is how you end up with a concrete jungle engulfing the ashram and wiping out its cultural value,” he pointed out.

DBKL responds

Kuala Lumpur City Hall (DBKL) City Planning Department senior deputy director Rosli Nordin clarified that any development application must first be approved by JWN.

“I understand the public’s concerns. There are clearly two conflicting elements here.

“The land is zoned ‘main commercial’, but the building itself is heritage-listed.

“On one side, you have the public with over 800 individuals submitting objections to the rezoning.

“On the other, you have the ashram trustees pushing for commercial zoning,” said Rosli, adding that the landowners had also requested the area remain zoned as ‘main commercial.

Deva Kunjari (fourth from right) with Save Vivekanada Ashram members presenting objections on the rezoning of the ashram land last year. - Filepic

“Even if the trustees apply to DBKL for development, they still need the green light from JWN.

“Without that, DBKL cannot and will not invoke Section 17 of Federal Territory (Planning) Act 1982, which allows the mayor to alter or replace the local plan, provided there is public notification, room for objections and a formal hearing process under Sections 14 and 15.”

Rosli also noted that even if the trustees secured JWN’s approval, any new construction would likely be limited in scale.

“They wouldn’t be able to put up a skyscraper.

“At most, it might be a three- to seven-storey structure.”

On getting feedback from the ashram as well as surrounding landowners, he said, “We have to listen to both sides.”

Planning must reflect place

Local government legal expert Derek Fernandez said DBKL must impose controls on the entire ashram site within the draft KLLP2040 before its gazettement and not only protect the building.

“They cannot just rely on the National Heritage Act.

“Those protections must be written into KLLP2040 itself.

“DBKL has a duty to do this, especially since the area is a designated heritage zone.

“It cannot allow increased development intensity or building height beyond what is already there,” he said, adding that it might be acceptable to build something in line with the ashram’s purpose, like a classroom.

“But anything more goes against the site’s character.

“The planning approach should be like Penang’s Unesco heritage zone, where the structure and facade of old shoplots are preserved.

“That is what needs to happen here. No expanding the footprint, raising the roofline or altering the aesthetic DNA of the site,” he emphasised.

Legacy of learning, culture

Long-time advocate for the preservation of Vivekananda Ashram, lawyer Deva Kunjari Sambanthan said the institution was established over a century ago as a social service organisation.

“Although it would be classified as a non-governmental organisation by today’s standards, the ashram is actually managed by an elected committee and registered under the Companies Act as a company limited by guarantee,” she said.

The committee, she said, was not only responsible for the Brickfields site where the ashram stood, but also for the management of four schools, three of which are Tamil schools.

“Our forefathers were really forward-thinking when they bought this land back in the early 1900s,” she added.

The ashram was built in the early 20th century and has a unique architectural charm.

Named in honour of Swami Vivekananda, who visited Malaya in 1893, the ashram became a centre for religious and cultural life, said Deva Kunjari.

“Swami Vivekananda was born in 1863 and was a Hindu monk, philosopher and spiritual leader from India who played a key role in introducing Vedanta and Yoga philosophies to the western world.

“It started off as a simple Reading Room in 1904, but slowly grew into a place for cultural and religious gatherings.

“These days, the hall has been used as makeshift classrooms for yoga, music, dance and thevaram lessons,” she added.

Kuala Lumpur mayor Datuk Seri Maimunah Mohd Sharif told StarMetro that all necessary procedures for KLLP 2040 had been completed, including public participation and formal hearings.

She added that the Prime Minister has been briefed on the plan, which is expected to be launched and gazetted within the month.