[1] The Applicant by this judicial review proceedings sought to quash the decision made on 20 March 2012 by the Appeal Board, Penang (AB) in Appeal No: LR/SP/32/2009 (heard together with another Appeal No, LR/SP/1/2010). Both the said appeals before the AB (established under the Town and Country Planning Act, 1976 (TCPA)) were brought by the 3rd Respondent.

[2] The 3rd Respondent's appeals before the AB were in respect of the following, namely,

(a) a Planning Permission granted to the Applicant; and

(b) an amended Planning Permission granted to one DNP Hartajaya Sdn Bhd (DNP) on 31 December 2009 by the 2nd Respondent who was the local Planning Authority. The Planning Permission and the Amended Planning Permission had been granted despite representations made by the 3rd Respondent as to certain conditions to be imposed as well should such permissions be granted

[3] The 3rd Respondent's appeal was allowed by the AB after having heard the parties The AB had ordered that the drainage requirement or condition to be complied with by both the Applicant and DNP was to be s