Planning law in 1990s until present
Transcript of Planning law in 1990s until present
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Under this amendment, the
has been approved by theParliament in . Legislation of this act
has had an impact on
which is related to attendance upon
planning permission application.
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An Act to andthe laws relating to
and throughout
Malaysia for the purpose of
and the and
promoting ; and to
provide for matters connected therewith
and incidental thereto.
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Amended due to the
in HuluKelang, Selangor on 11 December 1993. In
September 1995, Parliament had approved
the amendment.
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Accordance to this, main provision in Act A933 as
below :-
Preparation of;
throughprohibition in cutting trees more than 0.8 meter
girth and ;
;Historical and Architectural
;
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Section Matters Summary of Amendments
Section 2(1) Interpretation Includes six new interpretation
Section 4(1) State Planning
committee and its
function
Regarding the establishment of 3 committees member
which are;
a. State financial officer,b. State Development Officer,
c. State director of Environment.
Section 10(5) Approval or rejection of
Draft Structure Plan by
committee.
Period for state planning committee to consider Draft
Structure Plan amended from 3 month to 6 month.
Section 12(3)(a) Appropriateness
content of Draft Local
Plan
Include element of tree preservation, landscape,
preservation of natural topography and Historical and
Architectural building conservation.
Section (13)(3) Publicity in connexion
with Draft Local Plan
may extend the objection period or appeal by not more
than 4 weeks on the application of any person
Section 21(1) and21(6)
Inquiries and hearingsin respect of Draft Local
Plans
Regarding notice to the adjacent land owner of theirrights to participate upon Planning Proposal application
in area which have structure plan but yet to have local
plan.
Section 21A, 21B
and 21C
Planning control Regarding the need for developer to provide
development proposal report together with application
for planning permission
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Section 22(2) and
22(5)
Planning control Local planning authority shall consider development
proposal report during planning permission
application and may issue the conditions upon
giving planning permission
Section 21C Preparation of Plan
by qualified person
Regarding the determination of qualified person to
prepare plan reports etc under this act and ensure
the rights of other profession under the written law
respectively is effected
Section 26,27,28,29
and 30
Compound Regarding maximizing compound which can be
imposed for variable offences under the act up to
RM100,000
New Part: Part VA Tree preservation and
plantation
Regarding responsibility of local planning authorities
to preserve tree
Section 36(10) Appeal Board Regarding to any appeals
Section 52A Offences by body
corporate
Regarding the liability upon offences by body
corporate
Section 58(2) Power to make rules Regarding to provisions in methods
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Section 1 Short title, applications, and
commencement
Amend the title and introduction
Section 2(1) Interpretations Insert new eight interpretations
Section 2A National Physical Planning Council Insert new section; Section 2 A
concerning the establishment of
National Physical Council
Section 2B Director General of Town and Country
Planning
Concerning the Director General of
Town and Country Planning and his
duties.
Section 4(1) The State Planning Committee and its
functions
Regarding the additional State Planning
Committee members and the number
of committee to regulate, control, plan
and co-ordinate all development
activities in the State.
Section 5(2) Local Planning Authority For any area in the State that does not
form part of the area of any local
authority, the State Director shall be the
local planning authority
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Part IIA Section 6A Regional Planning Committee Explain the Regional Planning
Committee; members and their duties
Part IIB Section 6B National Physical Plan Explain the meaning, matters that shall
take into consideration and procedure
to prepare National Physical Plan
Section 7, 10 Structure Plan Preparation of Structure Plan
Section 11 A Procedure for review of Structure
Plan
New section concerning the procedure
for review of Structure Plan
Section 11 B Procedure for alteration of Structure
Plan
Explain procedure for alteration of
Structure Plan
Section 12 Preparation of draft Local Plan Preparation of draft Local Plan for Local
Planning Authority for whole of its area
Section 12 A Publicity in connexion with
preparation of draft Local Plan
Publicity in connexion before
commencing the preparation of draft
Local Plan
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Section 15 Approval or rejection of draft Local
Plan
Procedure on consideration approval or
rejection of draft Local Plan
Section 16 A Preparation, etc ., of Local Plan byState Director
Preparation of Local Plan by State Directorwhere if the Local Planning Authority failed
to prepare the plan
Section 16 B Special Area Plan Preparation of Special Area Plan
Section 20 A Duty to consult Every Federal and State Government
Department or agencies to consult the
Committee on any development activities
that it proposes to carry out within the State
Section 21 (6) Application for planning permission Notice to the owners of the neighbouring
land for the proposed development that is
located in an area which no Local Plan exists
for the time being
Section 21 A Development Proposal Report Analysis of the social implications of the
development which is the subject of the
applications for planning permission
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Section 22 Treatment of applications The Committee shall request from the Council its
advice on the application submitted for the
development of the new township, development
for the construction of any major infrastructure
and utility and development affecting hilltops or
hill slope in and area designated as the
environmentally sensitive in the development plan
Section 26, 28, 29,
30, 35 A, 35 E, 35 H
Compound Increment compound
Section 31 A Inconsistency between
building by-laws and
development plan
Where an inconsistency exist between any
building by-laws and a development plan
Section 36 The Appeal Board The State Authority shall by notification in the
State Gazette appoint who have had judicial
experience or other suitable qualifications and
experience to be a Chairman and a Deputy
Chairman of the Appeal Board
Section 38 Declaration of development
area
Special Area shall be declared to be part of a
development area
Section 58 Power to make rules The Council may make rules with respect to any of
the matters in this Act