INGENIEUR
645 and concurrently acknowledge the needs to comply with current bylaws , guidelines and standards in order to assist in the enforcement of the Acts mentioned above .
Ideally , the recent laws are mainly meant for new buildings but historical buildings on the other hand , rarely comply with the requirements of these laws . This is due to their long existence before any awareness of proper design was raised . The common case nowadays , is where a particular heritage building was originally built for a different purpose and is currently being used for a completely different purpose . Therefore , a lot of heritage buildings have been forced to adapt or change for their current use , which sometimes clashes with the values and intention of Act 645 to conserve and preserve the country ’ s heritage .
However , two important questions require answers ; - how about all other historical buildings that are yet to be gazetted under the Act , and how far will the Act protect these valuable buildings and sites ?
A recent case under debate is the demolition of two historic buildings in Fraser Hills . The demolition of a colonial bungalow and an old resort was done to make way for a new 14-storey resort and spa . Sadly , the National Heritage Department did not have the authority to hold or obstruct the activity as the buildings were not listed under the Heritage nor the National Heritage categories , and thus were not subject to Act 645 ( Babulal , Alagesh , 2020 ).
As the saying goes , it takes two to tango . The owner of a historical building must first and foremost be aware of their duty to apply for Heritage status . Having their assets gazetted under Act 645 protects them from ‘ unwanted ’ activities . For example , Section 112 and 114 of Act 645 describes the offences in respect of Heritage and National Heritage sites . The Government needs help from everybody in the community to actively participate in safeguarding our heritage . Co-operation from the local Government , state Government , and most importantly the owner , to refer to our Heritage Commissioner before any decision is made concerning heritage sites and buildings . Everybody must remember that , when in doubt , always check to confirm .
Act 645 , Section 40 , Application for Planning Permission for a Heritage Site :
The Commissioner shall co-ordinate and advise the local planning authority before any planning permission or development order is granted involving a heritage site .
YEAR 2018 2019 2020 PROJECTS 81 72 60
Table 2 : Applications for planning permission to the National Heritage Department involving a heritage site , 2018-2020 .
Should heritage buildings be accessible to all ?
Another point of view to look at is the issue of accessibility to heritage buildings . When considering the wider community , persons with disabilities ( PWD ), are sometimes left behind because of an inaccessible built environment which hinders them from being part of society . Location , access , layout , signage , level , and barriers are among common aspects that need to be given priority when designing the built environment as per current laws and legislation ( Abdul Kadir and Jamaludin , 2012 ). However , the same issues will arise when deciding whether or not an existing built environment , in this case , a heritage building , should be accessed by all ?
Suggestions for the physical adaptation of heritage properties commonly face contradicting claims from the heritage caretaker and current legislation because it is often their historical design and physical characteristics that define their heritage value and at the same time limit access to a wider community , mainly the disabled ( Plimmer , et al , 2006 ). Thus , for some , the prospect of making physical adaptations to the historic environment to permit access for disabled people could be seen as destroying the very essence of the attraction ( Plimmer , et al , 2006 ). Therefore , how are we going to move forward to cater for inclusivity ?
22 VOL 85 JANUARY - MARCH 2021