PLANNING CONTROL

DCP6203 : LAW AND PLANNING PRACTICE

DPW 5B
NOOR SYAFIQAH BT MOHAMAD ISKANDAR 03DPW16F1021
AIDEL SAFUAN BIN BASIR 03DPW16F1031
AFIFAH BINTI NOR SABIRIN 03DPW16F1047

SITI NOORZILAWATI BT MINHAD

PLANNING PERMISSION
What is Planning Permission ?
Is the written permission of the Local Planning Authority (PBPT) which is the approval required after the
approval of the exchange of land conditions acquired, which is before the building plan.

Definition Of Planning Permission According to Act 172

• Subsection 2 (1) of the Town and Rural Planning Act 1976 (Act 172) defines the planning permission as the
authorization granted, with or without conditions to carry out development.

• Subsection 19 (1) provides that no person, other than the local authority (PBT), may initiate, undertake, or
carry out any development unless the planning permission in respect of the development has been granted to
him under section 22 or extended under subsection 24 (3).

• Generally "planning permission" is a procedure whereby the applicant must submit an application to the PBPT
for approval prior to commencing any development on land or building as provided under section 21A
[Report of Proposed Development (LCP)] and section 21B [Layout Plan ].

• All developments shall obtain approval of planning permission from the Local Planning Authority. If the
development is carried out without the planning or development permission to be carried out contrary to the
planning permission, the owner may be convicted under Section 27 and Section 28 of Act 172. The penalty
may be subject to subsection 26 (1), a fine not exceeding five hundred thousand ringgit or imprisonment for a
term not exceeding two years or both.
PLANNING PERMISSION

perubahan Earthworks
matan

Building
Activities That Requiring
Permission To Plan Engineering
Works
Works
According To Section 19
Of Act 172
PLANNING PERMISSION
PERMISSION
Development activities that doesn’t need a planning permission (permitted development) :

Section 19 (2) of Act 172 lists some types of development activities that are excluded from this planning
permission. it may be recognized as permitted development, namely:

a) the interior works of a building for the purpose of maintenance or repair and generally not contrary
to the definition of 'building work' .i also shall not involve the increase of floor area or number of
floors, or alteration to the appearance of the building;

b) works performed by any authority provided for by law to provide public utilities or to carry out any
work of installing, inspecting, repairing or maintaining trenches, sewers, roads or similar;

c) works related to managing activities in agriculture such as wells drapery;

d) Use of any land or building for a temporary period of not more than a month such as revels,
ceremonies and cinemas;

e) Build a temporary buildings for workers involved in the construction of the land for which the
planning permission has been granted;
PLANNING PERMISSION
f) Using a land or building in the residence of a dwelling house for any purpose as long as it is solely for
the enjoyment of the residence; and

g) Making changes to the material on a use of land or buildings designated by the State Authority for it
is not necessary to plan truth.

In relation to the planning (g) above what has been meant is the State Authority may make rules which
specify the alteration of use from one use to another use in the same use class does not involve
development for the purposes of this act. so any of these predefined changes does not require planning
permission.
The above mentioned activities are 'development' or 'development' by definition but excluding them for
the purposes of:

a) To expedite the process of providing or maintaining public service facilities

b) To encourage or assist certain development sectors such as agriculture; and

c) Given guarantees of individual freedom over their property

PLANNING PERMISSION
Act 172 enables the State Authority to allow rules for the
purpose of allocating classes of land use and buildings or its
Development parts. It is contained under section 19 (2) (g) of the Act to
provide such development activities as may be allowed to be
Activities Or prescribed by the State Authority. This means that planning
Development permission is not necessary in the tree if it involves the change
of use to one another. for example in an area zoned as a light
According To industrial area can be used as a class of use that allows a factory
to change its activities as long as it remains in the light industry.
Use Class This means that planning permission should not be applied if it
involves the change of use to one another. For example, in an
area zoned as a light industrial area can be used as a class of
use that allows a factory to change its activities as long as it
remains in the light industry.
PLANNING PERMISSION
The Planning Control Processes and Procedures For Planning Permission Applications
Jurisdiction Act 172 provides some of the items required Section 58 of Act 172 provides
• Local planning to be fulfilled by the applicant before his that the State Authority may
application is acceptable : make rules for the purpose of
authorities play a role to
establishing rules for applications
ensure that no • First, if the applicant is not the owner of for planning permission. It is now
development activity can the land on which the application is contained in the Planning
be conducted unless the relevant then the written permission of (Controlling) General Rules 1986
permission is obtained the land owner shall be accompanied by which was originally provided by
first from the authority. the application. the Ministry of Housing and
• The applicant shall submit an application Local Government (KPKT) and
• The local planning in accordance with the terms and was adopted in the States.
authority has a duty to conditions stipulated in the Act and the
Rules to the local planning authority The Rules of Controlling the
ensure that no person Planning include, among others,
may use or permit to where the application is located.
providing the form and content
use any land or building • In short, an applicant is required to apply
of the application for planning
unless in accordance for planning permission in a form that
permission and payment charged
has been designated and formatted. Its
with local plans as for an application according to
application shall be accompanied by the types and categories of
provided under section documents, plans and payments as
18 (1) of Act 172. proposed development activities.
prescribed in the rules.
REPORT OF PROPOSED PROPOSAL Section 21 (Act 172)

The proposed development report is a document containing written

evidence enclosed with plans, diagrams, drawings or the like of the
site involved with the application, its surroundings and the
environment.(Section 21A)

Allocating a layout plan shall be prepared and submitted together

with the particulars required by section 21A. The proposed
development report is very useful as it provides an explanation of
the nature of the site involved as well as evidence of the
development activities proposed to be run.(Section 21B)

Introduced through the Town and Country Planning Act (Amendment)

1995. The A933 Act amended some of the provisions contained in Act
172 besides introducing several new provisions
The Purpose of The Proposed Development
report

Allowing the Ensuring that To ensure the Provides a framework

appropriate planning preparation of
Determine the authority to make an planning principles of coordination
between
and development layout plans takes
rationale for the appropriate factors are fully into consideration professionals and
proposed assessment of the taken into account physical, socio- government agencies
development development to ensure that
in generating a economic, planning efforts can
proposal based on comfortable and political, produce an area that
the detailed attractive environmental, has a good physical
information environment and structural and local and environmental
submitted
benefits all parties planning policies structure
Qualified Persons Prepare a Plan
Act 172 makes provisions requiring only persons who provide documents and
plans to be qualified persons (Section 21 C)

a) The person designated under the rules made by the State Authority as such person

a) The person provided under a written law as such person

For example a city planner registered under the Town Planners Act 1995 (Act 583) is
expressly provided for his eligibility to prepare the plan or any document required
under Act 172.
Determine the owner’s right of neighbouring land.
According to section 21 (6) of the Act where there is an application for planning permission located within an area which has not yet had a local
plan, the local authority shall notify the landlords of the neighboring land with the site applying for such development on the application of their
right to protest , if any, of the application together with the grounds within 21 days from the date of the notice being sent.

 For the avoidance of doubt in determining who his neighbor is, section 21 (8) of Act 172
states the purpose of neighboring land:

lands adjoining the land to which an application

under this section relates

lands separated from the land to which an application made under

this section relate by any road, lane, drain or reserved land the
width of which does not exceed 20 metres and which would be
adjoining the land to which the application relates had they not
been separated by such road, lane, drain or reserved land

lands located within a distance of 200 metres from the boundary of the
land to which an application under this section relates if the access road to
the land to which the application relates is a cul-de-sac used by the owners
of the lands and owners of the land to which the application relates
Determine of Development Charge
 Before granting planning permission for any development, the local planning authority shall determine whether a
development charge is payable in respect of the development and, if payable, the amount thereof, and shall serve on the
applicant for planning permission a notice in the prescribed form demanding payment of the amount.
 The determination by the local planning authority of the amount of the development charge shall be final and shall not be
subject to appeal or review in any court.
Payment of development charge

The development charge shall be
payable in a lump sum, but the local
planning authority may, on
application by the applicant for
planning permission, permit the
development charge to be paid by
such number of instalments as the
local planning authority considers
just, with interest at the rate, not
being a preferential rate, imposed by
the Federation of Banks Malaysia-
Singapore on loans secured on
immovable property.
If any due instalment of
the development charge is
not paid, the local planning
authority shall give to the
person to whom planning
permission has been
granted a notice informing
him of the default and
demanding that payment
be made within a
reasonable time to be
specified in the notice.
If the amount due All sums received on
remains unpaid after the account of the
time allowed under development charge shall
subsection (2) has lapsed, be paid into the fund of
the whole balance of the
the appropriate local
development charge shall
authority.
become due and payable
and may be recovered in
the manner in which
rates are recovered under
any written law relating
to local government.