Planning law in 1990s until present

8/8/2019 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

Planning law in 1990s until present

Documents