Development Plan and Control

Development planning is practised in all three tiers of the Government in Peninsular Malaysia. At the national level, development planning is guided by the National Physical Plan (NPP) and other sectoral national policies that are passed by the Cabinet. They address the strategic issues of national importance and provide the overall framework for subsequent drawing up of the other more detailed Development Plans. Contextually, development planning in the country operates within the stated goals outlined in Vision 2020. Similarly at the state level, development is guided by the State Development Plans, and other national sectoral policies that are formulated from time to time by the respective state governments. Local level physical planning is carried out and regulated through the statutory development plans, in the form of Local Plans and Special Area Plans, prepared by the local planning authorities. It deals primarily with more detailed and site specific land use allocations and spatial development of each locality and community needs.

An effective national physical planning system should necessarily involve both top-down and bottom-up approaches and it is also crucial that the national spatial policies are incorporated into and integrated with the other sectoral policies, strategies and programmes. While the NPP sets out the general directions and priorities of the overall physical development of the nation, the Regional, State Structure and Local Plans will in turn provide significant more detailed strategic thrusts and targets on the states’ aspirations in respect to the future development of the State and Local Authority areas. In the event of any policy or major issue conflicts, discussions will be held with stakeholders concerned to rationalise and reconcile any discrepancies inconsistent with national interests and state aspirations, particularly the achievement of Vision 2020.

Malaysia practices a plan-led development system. This means that any development of land and buildings, require planning approval from the Local Planning Authority. Planning permission will be granted if the development is in conformity with the statutory Local Plan, such as technical agencies requirements and public objections. In general, the town planning system has served the country well in facilitating rapid development and enhancing the quality of life without compromising the environmental quality and heritage resources of the locality. The planning system is however continuously evolving to respond positively to new emerging trends and changes, such as increasing demand for more public engagements and appropriate spatial adaptations to combat climate change, to face the wider uncertainties of the 21stcentury. In preparing the national spatial framework for Peninsular Malaysia, account has been taken into consideration of the global commitments of the Malaysian government for concerted local plans actions as a signatory to the various international conventions and agreements.

National Physical Plan
The National Physical Plan (NPP) sets out the national strategic spatial planning policies and measures taken to implement them in respect to the general direction and broad pattern of the land use and physical development and conservation in Peninsular Malaysia. The first NPP prepared in 2005 was made under the provision of Section 6B of the Act 172. It has been approved by the Cabinet on the 20th April 2005 and by the National Physical Planning Council (NPPC) on the 26th April 2005. This approval means that the National Physical Plan must now guide the physical planning and implemented at the federal and state governments in Peninsular Malaysia, and so on:

1) Policies of the National Physical Plan should be coordinated with other sectoral policies related.

2) The recommendations of the National Physical Plan should be detailed in the Structure Plan and Local Plan forms the basis for the development of all countries, and 3) The recommendations of the National Physical Plan should guide the federal and state agencies in the development of programs and projects Malaysia Five Year Plan.

Functions of the National Physical Plan includes :

1) strengthen national planning through spatial dimension in economic policy. 2) Coordinate sectoral agencies through the provision of spatial allocation of sectoral policies. 3) Develop a framework for planning at state and local levels, 4) and Form of physical planning policy.

In addition, Section 6B(4) of Act 172 states that the NPP shall be reviewed every five years in tandem with the review of the National Five Year Development Plans, or as and when directed by the NPPC. The spatial planning vision, policies, measures and land allocations of the NPP will be implemented primarily (i.e. delivery vehicle) through the State Structure Plans. In. addition, the Federal Government shall implement the NPP through the control of development budgeting i.e. granting financial allocation to development programmes, particularly key national infrastructure project, of public implementing agencies on the basis of NPP spatial policies. Under section 6B (5) of Act 172, it is incumbent upon the implementing agencies of the Federal Government and all State Governments to assist in ensuring that the objectives of the NPP are realised.

Structure Plans
The Structure Plan(SP) sets out the policies and general proposals for the development and other use of land within each state; thus providing guidance for spatial development on states’ issues of structural importance. The SPs interprets national spatial policies and framework (NPP-2) as well as regional spatial policies and development proposals(Regional Plan) at state-wide level in terms of cities, towns, villages and countryside areas. In essence, the SP distributes the expectations of future development within each state; and proposes major economic and infrastructure projects for the states. The SP also acts as a guide to investment, both by public agencies and private sectors, the allocation/use of resources, and for the coordination of their decisions. The time perspective for SP is normally 20 years. The current set of SPs however, commensurate with the time horizon of Vision 2020. Except for the State of Perlis and the Federal Territory of Putrajaya, which are in the final stage of preparation, all other states in Peninsular Malaysia and Federal Territory Kuala Lumpur are covered with statutory SPs. The SP for each state will provide the framework and basis for the preparation of a statutory Local Plan covering each district of the state.

Structure Plan (SP) is a written statement describing the policy and strategic recommendations with respect to the state of development and use of land in urban and rural areas, including measures to:

1) further improve the physical environment;
2) further improve communication and to manage traffic;
3) Improvement of socio-economic level, the promotion of economic growth;
4) Improving rural planning and rural planning, and
5) Facilitate the sustainable development

RS also must include a diagram, these descriptions and sketches appropriate to explain the policies or proposals submitted.

Local Plans
The Local Plans (LP) are considered as an important component of the Development Plan according to the Act 172; and serve as vehicles for more detailed and site specified development facilitation and control at local level. In addition, the Local Plans by their consultative process of preparation acts as contractual agreements on the use of all land within the planning areas between the Local Planning Authorities, the local residents and land owners. Besides being guides for development, Local Plans also offer a basis of democratic governance and the protection of citizen development rights. In a nutshell, LPs have direct and high impact to the daily lives and property values of the residents at neighbourhood level. This acts as an official document that interprets general policies and suggestions that in the SP to physical shape that is more precise and practical. Local Plans are prepared for identified areas within the Local Authorities territory. It serves as a detailed plan that interprets policies and suggestions that are contained in the Structure Plan. It shows a large-scale layout plan for a territory, supported with written statement to explain policies and further details concerning the development.

Local Plan Function

1) Interpret SP strategies that contains PBPT policies and general suggestions with local authorities. 2) Prepare guidelines for development control. Local plans will be guidelines for arranging and controlling development in areas that are covered by the plan. 3) Local Plan policies and suggestions are used as a base for administration of decisions, development plans, public and private for the areas covered by the Plan 4) Bring forth detailed issues and suggestions to the public.

Special Area Plans
The Special Area Plan (SAP) is part of the statutory Development Plan. It is prepared following the same procedures of the Local Plan and has the same effect as a Local Plan. It is an action-orientated Plan detailing out intensive and major changes in the near future for implementation, such as redevelopment of the inner city areas. It also includes detailed information on the type of treatment, implementing agencies, phasing, costing and funding of a certain proposed project.

Controlling development in Peninsular Malaysia implemented through two levels of the state and the local level. At the state level in West Malaysia, the State Government is solely responsible for all matters related to land use, including variable conditions, subdivision, land consolidation and other matters related to land in their respective states. In the local level, the local authority responsible for controlling development in the area plans of the technical aspects such as layout, design building design, system access and provision of public. Basically urban planning system in Peninsular Malaysia are regulated in terms of legislation by the town and country planning act 1976 (Act 172) for all states except federal territory of kuala lumpur and putrajaya.

Part of the planning function involves control over the various development activities undertaken by the public and institutions to create an environment a healthy, safe and harmonious. Control conducted should be in line with the structure plan policies and proposals local plan. In terms of development, the principle adopted by the government is that no one individual has fundamental rights to the land but only the right exclusive on a property. Fundamental rights to the land only exist when the government needed to keep the public interest. This right is clearly under section 18(1) of the town and country planning act 1976 (Act 172) which provides prohibits a person from carrying out the activity or activities development without planning permission from the authority unless local existing activities existed before Force of this Act. If one decides to development activities, an application for planning permission should be made to the local planning authority. In carrying out the development control, the provisions of the Planning Act Town and Country Planning Act 1976 (Act 172) is the basis of administration, control and reference for the development land practiced in this country.

APPLICATION DEVELOPMENT BASED ON LAND PROVISIONS OF THE 172 (APPLICATION FOR APPROVAL PLANNING) Town and Country Planning Act, 1976 (Act 172), provides that before a person can commence, undertake or carry out any development on land, it has to obtain permission from local planning authority. Planning permission provided by the local authority on a person Under the provisions of section 22 allows it to run a ‘development’ in the land in accordance with the plans and conditions imposed on the planning permission. Such conditions will determine among other proposals alignment and width of roads, back lanes, lines buildings, building height, density of development, the ratio of plot, plinth area, the provisions of the river and drainage reserves, reserve sewered areas, the provision of open spaces, public facilities and so on. Based on current practices procedures application for land development adopted by the local authorities in Peninsular Malaysia, the application planning permission should be made to the authority after the approval of the respective local development policies obtained from the State authority. However, the processing procedure of an application for planning permission varies in each local planning authority.

Requirements to Planning Permission
Town and Country Planning Act 1976 provides power to the Local planning authority to regulate, control and planning development and use of all land and building that located within its jurisdiction. This is to ensure the development and use of land by an individual or a developer can run in place and do not pose a problem, especially to the public or other residents in the area such as pollution, nuisance and traffic jams. It also aims to create an environment that is comfortable, safe and harmony to the inhabitants. Therefore, before granting planning permission to a development proposal, local planning authority is required under provisions of Act 172 takes into account all the necessary for effective planning.

Interpretation of Act 172, the development means “Carry out any building work, engineering, mining, industry, or any other work. Town and Country Planning Act, 1976 allows State authority to establish the rules the purpose of providing land use classes and buildings or parts thereof. This means that that planning permission should not be applied if it involves a change from one use Plan Applications for planning permission must submitted to the local authority as local planning authority area. On Typically, consultants appointed, consisting of town planners to be able to provide advice in terms of the application process and also provide most optimal alternative development and help in ensuring that all the necessary approvals available within a reasonable