The board called out the council’s “complete disregard” for the Freedom of Information Enactment 2010, saying such delays to respond to requests were unacceptable.
The board meeting was chaired by senior lawyer K Kumaraendran, who sat with fellow members K Simon Murali and Nagarethinam R Pillai.
It was the first time that it had convened since the legislation came into effect in 2015.
The panel heard three appeals from veteran consumer activist Ravinder Singh against MBPP last week after the council rejected his requests for information over a foreign workers’ dormitory project.
Its strongest rebuke came as it heard Ravinder’s appeal over MBPP’s refusal to provide a hard copy of the Traffic Impact Assessment (TIA) report for the 28-storey development in Batu Maung.
MBPP initially rejected his request, claiming he was not an “objector” under the Town and Country Planning Act 1976, and only allowed him to view the document in person.
The board overturned that decision, ruling that the TIA report was public information under Section 5 of the Penang FOI Enactment, and did not fall under exempt categories.
This means the document is not classified as restricted or confidential under the FOI Enactment and must be made available to the public.
“The planning permission has already been approved, and the project has commenced. There is no harm in providing the TIA report. (Ravinder) cannot use the document to disrupt or interfere with the project,” the panel unanimously held.
It also rejected MBPP’s claim that its internal policy prevented the release of such documents, and ordered the council to release the report within 30 days.
The board struck off another appeal by Ravinder concerning MBPP’s failure to issue him a notice of objection to the same development after he withdrew his appeal.
His third appeal, involving the Penang Island Local Plan 2035, was dismissed after MBPP fully provided the requested information, including proposed worker dormitory sites and other development plans.
The board reminded MBPP that compliance with the 14-day deadline for FOI requests was mandatory and that further delays will not be tolerated.
It also said the council must familiarise itself with the law and the relevant processes in future to avoid wasting the board’s time.