201907.26

Town and Country Planning Act 1976- Part 1

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172

Incorporating all amendments up to 1 December 2011

Date of Royal Assent ... ... ... ... ...	18 March 1976
Date of publication in the Gazette ... ...	25 March 1976
Date of coming into operation ... ...	See Appendix

ACT 172
TOWN AND COUNTRY PLANNING ACT 1976
(Click here to see Annotated Statutes of this Act)

Part I PRELIMINARY

SECTION

1.Short title, application and commencement

2.Interpretation

Part II POLICY AND ADMINISTRATION

SECTION

2a.National Physical Planning Council

2b.Director General of Town and Country Planning

3.General planning policy

4.Federal Territory of Labuan Planning Executive Committee and its functions

5.Local planning authorities

6.Functions of local planning authorities

Part IIA REGIONAL PLANNING COMMITTEE

SECTION

6a.Regional planning committee

Part IIB NATIONAL PHYSICAL PLAN

SECTION

6b.National physical plan

Part III DEVELOPMENT PLANS

SECTION

7.Survey of planning areas

8.Preparation of draft structure plans

9.Publicity in connection with preparation of draft structure plans

10.Approval or rejection of draft structure plans by Committee

11.Review or alteration of structure plans

11a.Procedure for review of structure plan

11b.Procedure for alteration of structure plan

12.Preparation of draft local plans

12a.Publicity in connection with preparation of draft local plan

13.Publicity in connection with draft local plans

14.Inquiries and hearings in respect of draft local plans

15.Approval or rejection of draft local plans

16.Alteration, revocation and replacement of local plans

16a.Preparation, etc., of local plan by State Director

16b.Special area plan

17.Power to make rules

Part IV PLANNING CONTROL

SECTION

18.Use of land and buildings

19.Prohibition of development without planning permission

20.Prohibition of development contrary to planning permission

20a.Duty to consult

21.Application for planning permission

21a.Development proposal report

21b.Layout plans

21c.Preparation of plan, etc., by a qualified person

22.Treatment of applications

23.Appeal against decision of local planning authority

24.Lapse of planning permission

25.Revocation and modification of planning permission and approval of building plans

26.Offences relating to unauthorized development

27.Enforcement in the case of contravention of section 19

28.Enforcement in the case of contravention of section 20

29.Enforcement in the case of development that is inconsistent with modified planning permission or approval of building plan

30.Requisition notice

31.Execution by authorized person

31a.Inconsistency between building by-laws and development plan

Part V DEVELOPMENT CHARGE

SECTION

32.Development charge and liability thereto

33.Determination of development charge

34.Payment of development charge

35.Power to make rules

Part VA TREE PRESERVATION ORDER

SECTION

35a.Tree preservation order

35b.Tree preservation order not to be made if tree is already subjected to conditions

35c.Appeal against tree preservation order, etc.

35d.Compensation under a tree preservation order

35e.Replacement of trees

35f.Local planning authority to replace tree if the person whose duty it is to replace fails to do so

35g.Revocation of a tree preservation order

35h.Prohibition to fell, etc., tree with girth exceeding 0.8 metre

Part VI THE APPEAL BOARD

SECTION

36.The Appeal Board

Part VII PURCHASE NOTICE AND ACQUISITION OF LAND

SECTION

37.Notice requiring purchase of land in certain cases

Part VIII DEVELOPMENT AREAS

SECTION

38.Declaration of development areas

39.Effect of declaration

40.Special provisions for compensation

41.Local planning authority may employ agents, enter into arrangements, and establish corporations

42.Power to borrow moneys

43.Power to dispose of land and property

44.Power to make rules

Part IX MISCELLANEOUS PROVISIONS

SECTION

45.Power of entry

46.Service of documents

47.Authentication of documents

48.Documentary proof

49.Privilege from production of documents and appearing as witness

50.Prosecution

51.Jurisdiction of courts

52.Penalty for interference with marks

52a.Offences by body corporate

53.Public servants

54.Public Authorities Protection Act

55.Indemnity against claims in respect of damage or loss

56.Application of Act 119 to local inquiry or hearing

57.Exemption from fees and charges

58.Power to make rules

59.Repeal of existing planning laws

An Act for the proper control and regulation of town and country planning in Peninsular Malaysia and for purposes connected therewith or ancillary thereto.

[See Appendix]

Whereas it is expedient for the purpose of ensuring uniformity of law and policy to make a law for the proper control and regulation of town and country planning in Peninsular Malaysia:

And Whereas it is also expedient that provisions be made to confer executive authority on the Federation over certain matters in relation to the control and regulation of town and country planning:

Now, Therefore, pursuant to Clause (1) of Article 74, Clause (4) of Article 76 and Clause (2) of Article 80 of the Constitution, BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172,,/1.Short title, application and commencement

Part I PRELIMINARY

1. Short title, application and commencement

(1) This Act may be cited as the Town and Country Planning Act 1976 and shall apply in Peninsular Malaysia.

(2) Subject to subsection (3), this Act shall come into operation in a State on a date or dates to be appointed by the State Authority, with the concurrence of the Minister, by notification in the State Gazette^*.

(3) The State Authority may bring this Act into operation in any manner the State Authority thinks most advantageous, convenient, expedient, or practicable, whether by appointing different dates for different provisions of this Act, by appointing different dates for different local authority areas or parts thereof, by bringing a provision into operation generally in the State and at the same time declaring that, for or until such time as may be specified, the provision shall or shall not apply to or in relation to a local planning authority or the area or any part of the area of a local planning authority to such extent only as may be specified, or in any other manner.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/2.Interpretation

2. Interpretation

(1) In this Act, unless the context otherwise requires--

"agriculture"

includes horticulture, farming, the growing of crops, fruits, vegetables, or trees, the growing of plants for use as fodder, dairy farming, the breeding and keeping of livestock, fish, or bees, and the use of land for purposes ancillary to any of those activities or to any other agricultural activities; but does not include the use of land as a garden to be enjoyed together with a building attached to the land; and "agricultural" shall be construed accordingly;

"amenities"

means such quality or condition of a place or area as contributes to its pleasantness, harmony and better enjoyment, and includes open spaces, parks, recreation grounds, and playgrounds;

"Appeal Board"

means the Appeal Board constituted under section 36;

"authorized person"

in relation to any provision, means a person designated in writing by the local planning authority to be an authorized person for the purposes of that provision;

"building"

includes any house, hut, shed, or roofed enclosure, whether or not used as a human habitation, and any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, or bridge, and any structure, support, or foundation connected to or with any of those structures;

"building operation"

means the demolition, erection, re-erection, or extension of a building or part thereof and includes--

(a) any increasing of the height or floor area of a building;

(b) the roofing or re-roofing of a building or part thereof;

(c) any addition to or alteration of a building that affects or is likely to affect its drainage or sanitary arrangements or its soundness;

(d) any addition to or alteration of a building, whether done before or after completion of the building, that departs in any manner from any plan or specification in respect of the building approved at any time by any authority empowered under any written law to approve the plan or specification;

(e) any addition to or alteration of a building that materially affects or is likely to materially affect the building in any manner; and

(f) any other operation normally undertaken by a person carrying on the business of building construction;

"Chairman"

means the Chairman appointed under section 5 of the Perbadanan Labuan Act 2001 [Act 609];

"Chief Executive Officer"

means the Chief Executive Officer appointed under subsection 10(1) of the Perbadanan Labuan Act 2001 and includes any officer directed to perform the duties of the Chief Executive Officer under subsection 10(6) of the Perbadanan Labuan Act 2001;

"Committee"

means the Federal Territory of Labuan Planning Executive Committee established under subsection 4(1);

"Council"

means the National Physical Planning Council established under section 2a;

"density"

means the intensity of use of land reckoned or expressed in terms of the number of persons, dwelling units, or habitable rooms, or any combination of those factors, per unit area of land; and for the purpose of this definition, "habitable room" does not include a kitchen, storeroom, utility room, lavatory, bathroom, or garage;

"development"

means the carrying out of any building, engineering, mining, industrial, or other similar operation in, on, over, or under land, the making of any material change in the use of any land or building or any part thereof, or the subdivision or amalgamation of lands; and "develop" shall be construed accordingly;

"development area"

means a development area declared under subsection 38(1);

"development charge"

means the development charge referred to in section 32;

"development plan"

, in relation to an area, means--

(a) the local plan for the area; or

(b) if there is no local plan for the area, the structure plan for the area, and, in relation to any land or building, means the development plan, as so defined, for the area in which the land or building is situated;

"development proposal report"

means the report required to be submitted by an applicant for planning permission under subsection 21a(1);

"Director General of Town and Country Planning"

means the Director General of Town and Country Planning whose functions are set out primarily in section 2b;

"earthworks"

includes any act of excavation, levelling, filling with any material, or felling of trees on any land, or any act of dealing with or disturbing any land;

"engineering operation"

includes the formation or levelling of land, the formation or laying out of means of access to a road, and the laying out of cables, mains, or means of water supply or drainage;

"felling a tree"

includes cutting down, topping, lopping, uprooting, damaging or destroying a tree;

"floor area"

means the total area of floor space within a building, as measured between the external sides of walls or, in the case of party walls, between the centres of such walls;

"land"

includes--

(a) the surface, and all substances forming the surface, of the earth;

(b) all substances below the surface of the earth;

(c) all vegetation and other natural products, whether or not requiring periodical application of labour to their production, and whether on or below the surface of the earth;

(d) all things, whether on or below the surface of the earth, that are attached to the earth or permanently fastened to any thing attached to the earth;

(e) land covered by water; and

(f) any estate or interest in, or right over, land;

"local authority"

means any city council, municipal council, municipality, district, council, town council, town board, local council, rural board, or other similar authority established by or under any written law;

"local plan"

, in relation to an area, means the local plan for the area, and any alteration of the plan, for the time being having effect in the area by virtue of subsection15(1); and, in relation to any land or building, means the local plan, as so defined, for the area in which the land or building is situated; and "draft local plan" shall be construed as the context requires;

"local planning authority"

, in relation to an area, shall be construed as provided in section 5 and, in relation to any land or building, means the local planning authority, as so construed, for the area in which the land or building is situated;

"Minister"

means the Minister responsible for town and country planning;

"national physical plan"

means the physical plan covering Peninsular Malaysia prepared and approved under section6b;

"occupier"

, in relation to any land or building, includes--

(a) a tenant of the land or building;

(b) an owner of the land or building occupying or otherwise using the land or building;

(c) a person in actual occupation of the land or building or having the charge, management, or control thereof, whether on his own account or as an agent of another person, but does not include a lodger;

"open space"

means any land whether enclosed or not which is laid out or reserved for laying out wholly or partly as a public garden, park, sports and recreation ground, pleasure ground, walk or as a public place;

"owner"

, in relation to any land or building, means--

(a) the registered proprietor of the land;

(b) if, in the opinion of the local planning authority, the registered proprietor of the land cannot be traced, his agent or trustee;

(d) if none of the persons mentioned in paragraphs (a) , (b), and (c) exists, the person who for the time being is receiving the rent of the land or building, whether on his own account or as an agent or trustee of another person or as a receiver, or who would be receiving the rent if the land or building were let;

"plan"

includes reports, drawings, maps and models;

"planning permission"

means permission granted, with or without condition, to carry out development;

"plinth area"

means the proportion to be covered by building of the area of any lot;

"plot ratio"

means the ratio of the total floor area of a building to the area of the building plot as measured between the survey boundary lines or, if there are no survey boundary lines, between the provisional boundary lines;

"prescribe"

means prescribe by rules;

"purchase notice"

means a purchase notice referred to in section 37;

"regional planning committee"

, in relation to an area, means the regional planning committee established for that area under section 6a;

"requisition notice"

means a requisition notice referred to in section 30;

"road"

means any public or private road, and includes any street, square, court, alley, lane, bridge, footway, track, bridle-path, passage, or highway, whether a thoroughfare or not, over which the public have a right of way;

"rules"

means rules made under this Act;

"special area"

means the area designated under section 16b;

"State Director"

, in relation to a State, means the Director of Town and Country Planning Department of that State;

"structure plan"

, in relation to an area, means the structure plan for the area, and any alteration of the plan, having effect in the area by virtue of subsection 10(6); and, in relation to any land or building, means the structure plan, as so defined, for the area in which the land or building is situated; and "draft structure plan" shall be construed as the context requires;

"tree preservation order"

means a tree preservation order made under section 35a;

"use"

, in relation to any land, means any use of the land other than merely for the keeping or storage of materials and equipment intended to be employed in the construction or erection of a building on the land, or as a site for temporary buildings for the accommodation of workers involved in the construction or erection of the building;

"utilities"

includes roads, water and electricity supplies, street lighting, sewerage, drainage, public works, and other similar public services and conveniences.

(2) For the avoidance of doubt in determining, for the purposes of this Act, what constitutes a material change in the use of land, it is declared that--

(a) the use of land as a place for depositing refuse or waste materials involves a material change in the use of the land, notwithstanding that the land is comprised in a site already used for that purpose, if the superficial area or the height of the deposit is thereby materially extended;

(b) any use of land or part thereof that contravenes or is inconsistent with or contrary to any provision of the development plan involves a material change in the use of the land.

(3) For the avoidance of doubt in determining, for the purposes of this Act, what constitutes a material change in the use of a building, it is declared that--

(a) any increase in the number of units in a building to more than the number originally approved by any authority empowered under any written law to give the approval involves a material change in the use of the building;

(b) the use as a dwelling-house of a building not originally constructed for human habitation involves a material change in the use of the building;

(c) any alteration or addition to that part of the building, whether in the interior or attached to the exterior of the building, that abuts upon any regular line of street as prescribed by or defined in any written law relating to buildings involves a material change in the use of the building;

(d) any use of a building or part thereof that contravenes or is inconsistent with or contrary to any provision of the development plan involves a material change in the use of the building;

(e) the use for other purposes of a building or part thereof originally constructed as a dwelling-house involves a material change in the use of the building.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/2a.National Physical Planning Council

Part II POLICY AND ADMINISTRATION

2a. National Physical Planning Council

(1) There shall be established a National Physical Planning Council consisting of--

(a) a Chairman, being the Prime Minister;

(b) a Deputy Chairman, being the Deputy Prime Minister;

(d) the Minister responsible for housing and local government, if he is not also the Minister responsible for town and country planning;

(e) the Minister of Finance;

(f) the Minister responsible for land;

(g) the Menteri Besar or Chief Minister of every State;

(h) the Minister responsible for the Federal Territory; and

(i) not more than seven other members to be appointed by the Chairman.

(2) The functions of the National Physical Planning Council shall be--

(a) to promote in the country, within the framework of the national policy, town and country planning as an effective and efficient instrument for the improvement of the physical environment and towards the achievement of sustainable development in the country;

(b) to advise the Federal Government or the Government of any State, on matters relating to the town and country planning required under this Act; and

(3) The Council may from time to time give the Director General of Town and Country Planning directions which are consistent with the provisions of this Act, and the Director General of Town and Country Planning shall give effect to such directions.

(4) The Council may perform any other functions that are incidental or consequential to any of the functions specified in subsection(2) and do all such things as may be necessary or expedient for carrying out its functions under this Act.

(5) The Council shall meet once during every four months in a year and shall, in addition, meet as and when a meeting is convened by the Chairman.

(6) The Council shall determine its own procedure.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/2b.Director General of Town and Country Planning

2b. Director General of Town and Country Planning

(1) There shall be a Director General of Town and Country Planning whose functions shall be----

(a) to conduct, promote and co-ordinate research in relation to any aspect of town and country planning;

(b) to publish reports, bulletins, statistics, monographs and other publications relating to town and country planning and its methodology;

(d) to report to and advise the Council upon matters concerning the use of town and country planning in the conservation, use and development of lands in the country and upon any amendments he thinks desirable to any law affecting town and country planning and upon any matters referred to him by the Council;

(e) to establish and maintain liaison and co-operation with Perbadanan Labuan with respect to town and country planning.

(2) The Director General of Town and Country Planning shall be the Secretary of the Council.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/3.General planning policy

3. General planning policy

Subject to Clauses (5) and (6) of Article 91 of the Constitution, the State Authority shall be responsible for the general policy in respect of the planning of the development and use of all lands and buildings within the area of the State; and the State Authority may, in or for the purpose of discharging the responsibility of the State Authority under this section, from time to time give to the Committee or any local planning authority directions of a general character not inconsistent with the provisions of this Act, and the Committee or local planning authority shall give effect to such directions.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/4.Federal Territory of Labuan Planning Executive Committee and its functions

4. Federal Territory of Labuan Planning Executive Committee and its functions

(1) There shall be established for the Federal Territory of Labuan a Federal Territory of Labuan Planning Executive Committee consisting of--

(a) a Chairman, being the Minister charged with the responsibility for the Federal Territory of Labuan;

(b) a Deputy Chairman, being the Secretary General of the Ministry charged with the responsibility for the Federal Territory of Labuan;

(d) the Deputy Secretary General of the Ministry charged with the responsibility for the Federal Territory of Labuan who is responsible for planning and development affairs;

(e) a member of Perbadanan Labuan;

(f) the Chief Executive Officer of Perbadanan Labuan;

(g) the Director of Planning and Coordination Division of Perbadanan Labuan who shall be the Secretary of the Committee;

(h) the Director General of Town and Country Planning or his representative;

(i) the Director General of Lands and Mines or his representative;

(j) the Director General of Economic Planning Unit or his representative;

(k) the Director General of Public Works Department or his representative;

(l) the Director General of Environment Department or his representative;

(m) the Legal Advisor of the Ministry charged with the responsibility for the Federal Territory of Labuan;

(n) the Deputy Chief Executive Officer (Development) of Perbadanan Labuan; and

(o) not more than four other members to be appointed by the Minister charged with the responsibility for the Federal Territory of Labuan.

(2) A member of the Committee appointed under subsection (1)(o) shall, unless he sooner resigns his office or his appointment is sooner revoked, hold office for such period as may be specified in his instrument of appointment but shall be eligible for reappointment.

(3) A member of the Committee who is not a member of the public service may be paid such allowances as the State Authority may approve.

(4) The functions of the Committee shall be--

(a) to promote in the State, within the framework of the national policy, the conservation, use and development of all lands in the State;

(aa) to regulate, control, plan and co-ordinate all development activities in the State;

(b) to advise the Federal Government, either on its own initiative or in response to a request by the State Government, on matters relating to the conservation, use and development of land in the State; and

(c) to undertake, assist in and encourage the collection, maintenance and publication of statistics, bulletins and monographs and other publications relating to town and country planning and its methodology.

(5) The Committee may from time to time give to any local planning authority directions not inconsistent with the provisions of this Act and the local planning authority shall give effect to such directions.

(6) The Committee may perform any other functions that are supplemental, incidental, or consequential to any of the functions specified in subsection (4) and do all such things as may be necessary or expedient for carrying out its functions under this Act.

(7) The Committee may cause a local inquiry or hearing to be held in or for the purpose of exercising any of its functions under this Act.

(8) The Director General of Town and Country Planning shall be the principal adviser to the Committee on matters relating to town and country planning; and in or for the purpose of discharging his functions under this subsection, he may draw upon the financial, manpower, and other resources of his department.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/*5.Local planning authorities

^*5. Local planning authorities

(1) Perbadanan Labuan shall be the local planning authority for the Federal Territory of Labuan;

(2) (Deleted by P.U.(A) 442/2010)

(3) (Deleted by Act A1129).

(4) A local planning authority shall furnish the Committee with such returns and information relating to its activities as the Committee may from time to time require.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/6.Functions of local planning authorities

6. Functions of local planning authorities

(1) The functions of a local planning authority shall be--

(a) to regulate, control and plan the development and use of all lands and buildings within its area;

(b) to undertake, assist in, and encourage the collection, maintenance, and publication of statistics, bulletins, and monographs, and other publications relating to town and country planning and its methodology; and

(2) A local planning authority may perform any other functions that are supplemental, incidental, or consequential to any of the functions specified in subsection (1) and do all such things as may be necessary or expedient for carrying out its functions under this Act.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/*6a.Regional planning committee

Part IIA REGIONAL PLANNING COMMITTEE

^*6a. Regional planning committee

(1) The Council may from time to time, after consultation with the State Authorities concerned, establish a regional planning committee for a region which consists of an area situated in two or more States.

(2) For the purpose of subsection (1), the Minister shall cause the fact of the establishment of a regional planning committee to be published in the Gazette together with the marking by which the boundary of the region for which the committee is established may be identified.

(3) The regional planning committee shall consist of--

(a) a Chairman, who is appointed by the Prime Minister;

(b) six persons representing the Federal Government, at least four of whom shall be public officers, appointed by the Minister;

(c) not more than four persons representing the Government of each of the States within the region, appointed by the State Authority, one of whom shall be the State Director; and

(d) the Chairman or president of every local planning authority within the region if such authority is a local authority.

(4) There shall be a Secretary for the regional planning committee to be appointed by the Director General of Town and Country Planning.

(5) The functions of the regional planning committee shall be--

(a) to advise and assist the State Planning Committees and the local planning authorities within the region pertaining to the development plans appropriate for the region, in accordance with the national policy;

(b)to establish policies and to devise a comprehensive regional plan to guide and co-ordinate development of the region;

(d) to establish uniform process and procedures to be used by the Federal Government and the State Governments and local authorities concerned for the region;

(e) to monitor the implementation of standards, guidelines and procedures in facilitating the development of the region; and

(f) to conduct research required for the planning of the region.

(6) The regional planning committee shall furnish the Council or Committee with such returns, reports and information relating to its activities as the Council or Committee may from time to time require.

(7) The regional planning committee shall determine its own procedure.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/6b.National physical plan

Part IIB NATIONAL PHYSICAL PLAN

6b. National physical plan

(1) The Director General of Town and Country Planning shall, upon the direction of the Council, prepare and submit to the Council for its approval a draft national physical plan which covers Peninsular Malaysia.

(2) The draft national physical plan shall--

(a) be a written statement formulating strategic policies for the purpose of determining the general directions and trends of the physical development of the nation;

(b) be accompanied by such indicative plans as may be required to clarify the strategic policies; and

(3) When preparing the draft national physical plan and determining its contents for submission to the Council, the Director General of Town and Country Planning shall take into consideration the current national urbanization policy or other similar policies and shall consult with every State Authority and such other authorities or bodies as the Council may direct.

(4) The national physical plan 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 Council.

(5) It shall be the general duty of the Federal Government and the Government of every State to assist in ensuring that the objectives of the national physical plan are achieved.

(6) The Director General of Town and Country Planning shall periodically report to the Council on the implementation of the national physical plan, or as and when directed by the Council.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/7.Survey of planning areas

Part III DEVELOPMENT PLANS

7. Survey of planning areas

(1) The State Director shall, in so far as it has not already done so, institute a survey of the State, examining the matters that may be expected to affect the development, or the planning of the development, of the State, and shall in any event keep all those matters under review.

(2) Notwithstanding that the State Director has carried out its duty under subsection (1), it may, if it thinks fit, and shall, if directed to do so by the Council or Committee, institute a fresh survey of the whole State, examining the matters mentioned in that subsection.

(3) Without prejudice to the generality of subsections (1) and (2), the matters to be examined and kept under review under those subsections shall include--

(a) the principal physical, economic, environmental, and social characteristics, including the principal land uses, of the State and, so far as they may be expected to affect the State, those of the neighbouring areas;

(aa) the national physical plan and other principal economic, social, physical and environmental management and conservation policies of the nation;

(b) the size, composition, and distribution of the population of the State, whether resident or not;

(c) without prejudice to paragraph (a), the communications, transport system, and traffic of the State and, so far as they may be expected to affect the State, those of the neighbouring areas;

(d) any matters not mentioned in any of the preceding paragraphs that may be expected to affect any matters so mentioned;

(e) such other matters as may be prescribed or as the Council or Committee may in any particular case specify; and

(f) any changes already projected in any of the matters mentioned in any of the preceding paragraphs and the effect that those changes are likely to have on the development, or the planning of the development, of the State.

(4) The State Director shall, for the purpose of discharging its functions under this section, consult with the State Director of any other State about matters relating to the area of that other State that may be expected to affect the development or the planning of the development of the State in respect of which the survey is instituted under this section.

(5) Subsection (1) shall, as respects any period during which this section is in operation in part only of the State, be construed as requiring the State Director to institute a survey of, and to keep under review, matters affecting that part of the State only; and subsection (2) shall, whether or not this section is in operation in the whole of the State, have effect as if the power thereby conferred included power for the State Director to institute, and for the Council or Committee to direct it to institute, a fresh survey of part of the State only; and references in subsection (3) to the State or the neighbouring areas shall be construed accordingly.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/8.Preparation of draft structure plans

8. Preparation of draft structure plans

(1) The State Director shall, within such period as the Council or Committee may specify, prepare and submit to the Committee a report of its survey under section 7 and at the same time prepare and submit to the Committee for his approval a draft structure plan complying with subsection(3) for the State.

(2) The report shall include an estimate of any changes likely to occur, during such period as the Council or Committee may specify, in the matters mentioned in subsection 7(3); and different periods may be specified in relation to different matters.

(3) The draft structure plan for the State shall be a written statement--

(a) formulating the policy and general proposals of the Perbadanan Labuan in respect of the development and use of land in that State, including measures for the improvement of the physical living environment, the improvement of communications, the management of traffic, the improvement of socio-economic well-being and the promotion of economic growth, and for facilitating sustainable development;

(b) stating the relationship of those proposals to general proposals for the development and use of land in the neighbouring areas that may be expected to affect that area; and

(c) containing such other matters as may be prescribed or as the Council or Committee may in any particular case specify.

(4) In formulating the policy and general proposals under paragraph (3)(a), the State Director shall secure that the policy and proposals are justified by the results of its survey under section7 and by any other information that it may obtain, and shall have regard--

(a) to current policies in respect of the social and economic planning and development and the environmental protection of the State and the nation;

(b) to the resources likely to be available for the carrying out of the proposals of the structure plan; and

(5) (Deleted by Act A1129).

(6) A draft structure plan for an area shall contain or be accompanied by such diagrams, illustrations, and descriptive matter as the State Director thinks appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed, or as may in any particular case be specified in directions given by the Council or Committee; and the diagrams, illustrations, and descriptive matter shall be treated as forming part of the plan.

(7) At any time before the Committee has under section10 approved a structure plan in respect of the whole of the area of the State, the State Director may, with the consent of the Committee, and shall, if so directed by it, prepare and submit to the Committee for its approval a draft structure plan relating to part of that area; and where the Committee has given consent or direction for the preparation of a draft structure plan for part of that area, references in this Part to that area shall, in relation to a draft structure plan, be construed as including references to part of that area.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/9.Publicity in connection with preparation of draft structure plans

9. Publicity in connection with preparation of draft structure plans

(1) When preparing a draft structure plan for the State and finally determining its content for submission to the Committee, the State Director shall take such steps as will in its opinion secure--

(a) that publicity is given in the State to the report of the survey under section 7 and to the matters that it proposes to include in the plan; and

(b) that persons who may be expected to desire an opportunity of making representations to the State Director in respect of those matters are made aware that they are entitled to, and are given, an opportunity of doing so, and the State Director shall consider every representation made within the prescribed period to it.

(2) As soon as practicable after a draft structure plan has been submitted to the Committee, the State Director shall--

(a) publish, in three issues of at least two local newspapers, one of which being in the national language, a notice stating that copies of the plan are available for inspection at the office of the State Director and at such other places as it may determine and the time within which objections to the plan may be made to the Committee; and

(b) make copies of the plan available for inspection at the places stated in the notice; and each copy shall be accompanied by a statement of the time, as stated in the notice, within which objections to the plan may be made to the Committee.

(3) The time within which objections to the draft structure plan may be made shall be not less than one month from the date of the first appearance of the notice under paragraph (2)(a) in a local newspaper in the national language, and any time stated in the notice may be extended once by the State Director by not more than one month in favour of any particular objector.

(4) A draft structure plan submitted by the State Director to the Committee for its approval shall be accompanied by a statement containing such particulars, if any, as may be prescribed--

(a) of the steps that the State Director has taken to comply with subsection (1); and

(b) of the State Directors's consultations with, and consideration of the views of, other persons in respect of the matters included, or originally proposed to be included, in the plan.

(5) If, after considering the statement submitted with, and the matters included in, the draft structure plan and any other information provided by the State Director, the Committee is satisfied that the purposes of paragraphs (1)(a) and (b) have been adequately achieved by the steps taken by the State Director in compliance with that paragraph, it shall proceed to consider whether to approve the structure plan; and if it is not so satisfied, it shall return the plan to the State Director and direct it--

(a) to take such further action as the Committee may specify in order better to achieve those purposes; and

(b) after doing so, to resubmit the plan with such modifications, if any, as the State Director then considers appropriate and, if so required by the direction, to do so within a specified period, but the Committee shall not return the plan or give such direction if three months have elapsed since the State Director submitted the plan to the Committee.

(6) If the Committee returns the draft structure plan to the State Director under subsection (5), it shall inform the State Director of its reasons for doing so and, if any person has made to the Committee any objection to the plan, it shall also inform that person that it has returned the plan.

(7) If the State Director is given directions by the Committee under subsection (5), it shall forthwith withdraw the copies of the plan made available for inspection as required by subsection (2) and shall publish the fact of withdrawal in three issues of at least two local newspapers, one of which being in the national language.

(8) Subsections (2) to (7) shall apply, with the necessary modifications, in relation to a draft structure plan resubmitted to the Committee in accordance with directions given by it under subsection(5) as they apply in relation to the plan as originally submitted.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/10.Approval or rejection of draft structure plans by Committee

10. Approval or rejection of draft structure plans by Committee

(1) The Committee may, after considering a draft structure plan submitted or resubmitted to it, either approve it, in whole or in part and with or without modifications or reservations, or reject it.

(2) In considering the draft structure plan, the Committee may take into account any matters that it thinks are relevant, whether or not they were taken into account in the plan as submitted or resubmitted to it.

(3) If, on taking the draft structure plan into consideration, the Committee does not determine then to reject it, it shall, before determining whether or not to approve it--

(a) consider any objections to the plan, so far as they are made in accordance with rules made under section 17;

(b) afford to the persons whose objections so made are not withdrawn, an opportunity of appearing before, and being heard by, a sub-committee appointed by the Committee, and consisting of four members of the Committee, one of whom shall be appointed chairman of the sub-committee; and

(c) if a local inquiry or other hearing is held, also afford the like opportunity to the State Director and such other persons as the Committee thinks fit.

(4) Without prejudice to subsection (3), in considering a draft structure plan, the Committee--

(a) shall consult with the Council for its direction and advice; and

(b) may consult with, or consider the views of, any other authority or any other persons but shall not be under any obligation to consult with, or consider the views of, any other authority or any other persons or, except as provided by that subsection, to afford an opportunity for the making of any objections or other representations, or to cause a local inquiry or other hearing to be held.

(5) If the Committee has failed or neglected to approve or reject a draft structure plan within six months of its submission to the Committee, the State Director may refer the draft structure plan to the Council for decision thereon.

(6) Upon approving a draft structure plan, the Committee shall submit it to the State Authority for the assent of the State Authority to the plan, and upon the assent being given, the plan shall come into effect.

(7) The Committee shall cause the fact of assent of the State Authority to a draft structure plan to be published in the State Gazette and in at least two local newspapers, one of which being in the national language, together with the marking by which the plan may be identified and a statement of the place where the plan may be inspected.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/11.Review or alteration of structure plans

11. Review or alteration of structure plans

(1) A structure plan that has come into effect shall be subjected to review every five years in tandem with the preparation of the State's five-year development plans, and the review shall relate to the whole of the State.

(2) Notwithstanding subsection (1), after a structure plan for a State has come into effect, the State Director may submit to the Committee and shall, if so directed by the Committee, submit to it, within a period specified in the direction, proposals for such review or alterations to the plan as appear to the State Director to be expedient or as the Committee may direct, as the case may be, and the proposals may relate to the whole or to part of the State.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/11a.Procedure for review of structure plan

11a. Procedure for review of structure plan

If it is decided under section 11 that a review of the structure plan for a State is to be held, the State Director shall submit to the Committee a report of the results of its review of the relevant matters under section 7 together with any other information on which the proposals are based, and sections 9 and 10 shall apply, with the necessary modifications, in relation to the proposals as they apply in relation to the structure plan.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/11b.Procedure for alteration of structure plan

11b. Procedure for alteration of structure plan

(1) If it is decided under section11 that an alteration is to be made on the structure plan for the State, the State Director shall prepare and submit to the Committee proposals for such alterations.

(2) In formulating the proposals for such alterations, the State Director shall have regard to such matters as the Council or Committee may direct.

(3) The State Director shall submit the structure plan in which the proposed alterations have been incorporated to the Committee and at the same time publish a notice in at least two local newspapers, one of which being in the national language, stating that copies of the plan are available for inspection and that objections may be made within a period of one month from the date of such publication.

(4) The Committee shall appoint a sub-committee consisting of four members of the Committee, one of whom shall be appointed chairman of the sub-committee, and the sub-committee shall hear every objection made in accordance with the rules made under section 17

(5) The Committee shall then consider the proposed alteration to the structure plan, and either approve it, in whole or in part and with or without modifications, or reject it.

(6) The Committee shall submit the approved altered structure plan to the State Authority for the assent of the State Authority to the plan, and upon the assent being given, the altered structure plan shall come into effect.

(7) The Committee shall cause the fact of the assent of the State Authority to the altered structure plan to be published in the State Gazette.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/12.Preparation of draft local plans

12. Preparation of draft local plans

(1) The local planning authority, while a draft structure plan is being prepared, or before the State Authority gives assent to a draft structure plan that has been prepared, may, if it thinks desirable, prepare a draft local plan for any part of its area.

(2) Where a structure plan for the State has come into effect, the local planning authority shall as soon as practicable prepare a draft local plan for the whole of its area.

(3) A draft local plan shall consist of a map and a written statement and shall--

(a) formulate, in such details as the local planning authority thinks appropriate, its proposals for--

(i) the development of;

(ii) the use of land in;

(iii) the protection and improvement of the physical environment of;

(iv) the preservation of the natural topography of;

(v) the improvement of the landscape of;

(vi) the preservation and planting of trees in;

(vii) the making up of open spaces in;

(viii) the preservation and enhancement of character and appearance of buildings in;

(ix) the improvement of communications in; and

(x) the management of traffic in, the area of the local plan; and

(b) contain such matters as may be prescribed or as the Committee may in any particular case specify.

(4) A draft local plan for an area shall contain, or be accompanied by, such diagrams, illustrations, and descriptive matter as the local planning authority thinks appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed by the Committee, or as may in any particular case be specified in directions given by the Committee; and the diagrams, illustrations, and descriptive matter shall be treated as forming part of the plan.

(5) (Deleted by Act A1129).

(6) Without prejudice to the preceding provisions of this section, the local planning authority shall, if the Committee gives it a direction in that behalf in respect of a part of an area for which a draft structure plan has been, or is in the course of being, prepared, as soon as practicable prepare for that part a draft local plan of such nature as may be specified in the direction.

(7) Directions under subsection (6) may be given by the Committee either before or after the draft structure plan comes into effect.

(8) In formulating its proposals in a draft local plan, the local planning authority shall secure that the proposals conform generally to the structure plan for the State as it stands for the time being, whether or not it has come into effect, and shall have regard to any information and other considerations that appear to it to be relevant, or that may be prescribed, or that the Committee may in any particular case direct it to take into account.

(9) Before giving any direction under subsection (8) to a local planning authority, the Committee shall consult the local planning authority about the proposed direction.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/12a.Publicity in connection with preparation of draft local plan

12a. Publicity in connection with preparation of draft local plan

Before commencing the preparation of a local plan, the local planning authority shall take such steps as will in its opinion secure--

(a) that publicity is given in its area to the draft local plan that will be prepared, its objectives and the purpose for its preparation, and matters that the local planning authority proposes to include in the plan;

(b) that persons who may be expected to desire an opportunity of making representations to the local planning authority in respect of those matters are made aware that they are entitled to, and are given, an opportunity of doing so.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/13.Publicity in connection with draft local plans

13. Publicity in connection with draft local plans

(1) When the local planning authority has prepared a draft local plan, it shall, before adopting it under subsection15(1), but not before the structure plan, so far as it applies to the area of the draft local plan, comes into effect, and subject to subsection (2), make copies of the draft local plan available for inspection at its office and at such other places as it may determine; and each copy made available for inspection shall be accompanied by a statement of the time, as stated in the notice published under subsection (2), within which objections to or representations in respect of the draft local plan may be made to the local planning authority.

(2) Before making copies of a draft local plan available for inspection under subsection (1), the local planning authority shall publish, in three issues of at least two local newspapers, one of which being in the national language, a notice stating the date on which copies of the draft local plan will begin to be available for inspection, the places where they will be available for inspection, and the time, which shall not be less than four weeks from the date on which copies of the draft local plan begin to be available for inspection, within which objections to or representations in respect of the draft local plan may be made to the local planning authority.

(3) The time stated in the notice under subsection (2) for the making of objections to or representations in respect of the draft local plan may be extended once by the local planning authority by not more than four weeks on the application of any person.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/14.Inquiries and hearings in respect of draft local plans

14. Inquiries and hearings in respect of draft local plans

(1) For the purpose of considering objections to and representations in respect of a draft local plan, the local planning authority may cause a local inquiry or other hearing to be held by a committee of three persons appointed by the State Planning Committee.

(2) The State Authority may by rules--

(a) make provision in respect of the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under subsection (1);

(b) make provision in respect of the remuneration and allowances of persons appointed to hold a local inquiry or other hearing under that subsection.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/15.Approval or rejection of draft local plans

15. Approval or rejection of draft local plans

(1) After the expiry of the period afforded for making objections to or representations in respect of a draft local plan or, if such objections or representations have been duly made during that period, after considering the objections or representations, the local planning authority shall submit the draft local plan or the draft local plan as modified so as to take account of the objections or representations or of any matters arising therefrom, to the Committee for its approval.

(1a) The Committee may, after considering a draft local plan submitted to it, either approve it, in whole or in part and with or without modifications, or reject it.

(1b) In considering the draft local plan, the Committee may take into account any matters that it thinks are relevant, whether or not they were taken into account in the plan as submitted or resubmitted to it.

(1c) The Committee shall submit the approved draft local plan to the State Authority for the assent of the State Authority, and upon the assent being given the plan shall come into effect.

(2) (Deleted by Act A1129).

(3) (Deleted by Act A1129).

(4) The local planning authority shall cause the assent of the State Authority to a draft local plan to be published in the State Gazette and in at least two local newspapers, one of which being in the national language, together with the marking by which the plan may be identified and a statement of the place where the plan may be inspected.

(5) A local plan shall conform to the structure plan but if at any time after a local plan has come into effect there exists a difference in the provision between the local plan and the structure plan for the State, and the Committee is satisfied that this is due to the structure plan for the State being out of date, the Committee shall refer the difference to the State Authority for its decision.

(6) If the State Authority is satisfied that the difference is in fact due to the structure plan of the State being out of date, the State Authority shall, by notification in the State Gazette, declare that the local plan shall prevail over the structure plan as regards to that particular provision.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/16.Alteration, revocation and replacement of local plans

16. Alteration, revocation and replacement of local plans

(1) The local planning authority may at any time make proposals for the alteration, revocation, or replacement of a local plan.

(2) Without prejudice to subsection (1), the local planning authority shall, if the Committee gives it a direction in that behalf in respect of a local plan, as soon as practicable prepare proposals of a kind specified in the direction, being proposals for the alteration, revocation, or replacement of the plan.

(3) Subsections 12(8) and (9), and sections13, 14 and 15, shall apply in relation to the making of proposals for the alteration, revocation, or replacement of a local plan under this section and to any consequent alteration, revocation, or replacement of the plan, as they apply in relation to the preparation of a draft local plan under section 12 and to a draft local plan prepared thereunder.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/16a.Preparation, etc., of local plan by State Director

16a. Preparation, etc., of local plan by State Director

(Deleted by P.U.(A) 442/2010)

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/16b.Special area plan

16b. Special area plan

(1) At any time during the preparation or upon the coming into effect of a structure plan or a local plan, a local planning authority, on its own initiative or as directed by the Committee, may submit to the Committee a proposal for the designation of a special area for special and detailed treatment by development, redevelopment, improvement, conservation or management practice, or partly by one and partly by another method, of the whole or part of such special area, and the nature of the treatment proposed.

(2) (Deleted by P.U.(A) 442/2010)

(3) The plan for a special area shall be prepared in the same manner as the preparation of a local plan, but there shall be incorporated in such plan detailed guidance for its implementation and management, and the plan shall have the effect of a local plan.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/17.Power to make rules

17. Power to make rules

The State Authority may make rules for the better carrying out of the purposes of this Part or for prescribing anything that may be, or is required to be, prescribed under this Part.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/18.Use of land and buildings

Part IV PLANNING CONTROL

18. Use of land and buildings

(1) No person shall use or permit to be used any land or building otherwise than in conformity with the local plan.

(2) Subsection (1) shall not apply to the use of any land or building for the purposes described in paragraph 19(2)(d).

(3) Subsection (1) shall not affect the continuance of the use of any land or building for the purposes for which and to the extent to which it was lawfully being used prior to the date when a local plan first came into effect in the area concerned or, where there has been a change of local plans or in a local plan, the date when the change became effective.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/19.Prohibition of development without planning permission

19. Prohibition of development without planning permission

(1) No person, other than a local authority, shall commence, undertake, or carry out any development unless planning permission in respect of the development has been granted to him under section 22 or extended under subsection 24(3).

(2) Notwithstanding subsection (1), no planning permission shall be necessary--

(a) for the carrying out of such works as are necessary for the maintenance, improvement, or other alteration of a building, being works that affect only the interior of the building and do not--

(i) involve any change in the use of the building or the land to which it is attached;

(ii) materially affect the external appearance of the building;

(iii) involve any increase in the height or floor area of the building;

(iv) involve any addition to or alteration of a building that affects or is likely to affect its drainage, sanitary arrangements, or its soundness; or

(v) contravene or involve or result in any inconsistency with any provision in the local plan;

(b) for the carrying out by any authority established by law to provide utilities of any works for the purpose of laying, inspecting, repairing, or renewing any drains, sewers, mains, pipes, cables, or other apparatus, or for the purpose of maintaining or repairing roads, including the breaking open of any road or ground for those purposes;

(c) for any excavation, including excavation of or for wells, made in the ordinary course of agricultural operations in areas zoned for agriculture;

(d) for the use of any land or building for a period not exceeding one month or such further period as the local planning authority may allow for purposes of--

(i) a temporary or mobile cinema, theatre, or show;

(ii) a temporary amusement park, fair, or exhibition; or

(iii) a temporary ceremony or festivity of a religious, social, or other character, and for any development necessary to give effect to such use;

(e) for the construction or erection on any land of temporary buildings for the accommodation of workers involved in the construction or erection of a building on the land, for which planning permission has been granted;

(f) for the use of any land or building within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such; or

(g) for the making of such material change in the use of land or building as the State Authority may prescribe to be a material change for which no planning permission is necessary.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/20.Prohibition of development contrary to planning permission

20. Prohibition of development contrary to planning permission

No person shall commence, undertake, or carry out any development otherwise than in conformity with the planning permission granted to him under section22 in respect of the development or with the conditions of the planning permission.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/20a.Duty to consult

20a. Duty to consult

It shall be the duty of every Federal and State Government department or agency to consult the Committee on any development activity that it proposes to carry out within the State.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/21.Application for planning permission

21. Application for planning permission

(1) An application for planning permission in respect of a development shall be made to the local planning authority and shall be in such form and shall contain such particulars and be accompanied by such documents, plans, and fees as may be prescribed.

(2) If the applicant is not the owner of the land on which the development is to be carried out, the written consent of the owner thereof to the proposed development shall be obtained and endorsed on the application.

(3) Where the development involves the erection of a building, the local planning authority may give written directions to the applicant in respect of any of the following matters, that is to say:

(a) the level of the site of the building;

(b) the line of frontage with neighbouring buildings;

(d) the class, design, and appearance of the building;

(e) the setting back of the building to a building line;

(f) access to the land on which the building is to be erected; and

(g) any other matter that the local planning authority considers necessary for purposes of planning.

(4) The applicant to whom any written directions are given under subsection (3) shall amend the plan submitted with his application accordingly and resubmit the plan within such period or extended period as the local planning authority may specify.

(5) If the plan is not resubmitted within the specified period or extended period, the application for planning permission shall be deemed to have been withdrawn but the applicant may submit a fresh application.

(6) If the proposed development is located in an area in respect of which no local plan exists for the time being, then, upon receipt of an application for planning permission, or, where directions have been given under subsection (3), upon compliance with the directions, the local planning authority shall, by notice in writing served on the owners of the neighbouring lands inform them of their right to object to the application and to state their grounds of objection within twenty-one days of the date of service of the notice.

(7) If objections are received pursuant to subsection (6), the local planning authority shall, within thirty days after the expiry of the period within which objections may be made, hear--

(a) the applicant for planning permission; and

(b) any person who has lodged an objection pursuant to subsection(6) and who, in lodging the objection, has requested a hearing.

(8) In this section, "neighbouring lands" means--

(a) lands adjoining the land to which an application under this section relates;

(b) 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;

(c) 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.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/21a.Development proposal report

21a. Development proposal report

(1) In addition to the documents and plans required to be submitted under subsection 21(1) for planning permission, the applicant shall submit a development proposal report which shall contain the following:

(a) the development concept and justification;

(b) a location map and a site plan;

(d) (i) a description of the land including its physical environment, topography, landscape, geology, contours, drainage, water bodies and catchments and natural features thereon;

(ii) a survey of the trees and all forms of vegetation; and

(iii) particulars of a building, which may be affected by the development;

(e) a land use analysis and its effect on the adjoining land;

(f) layout plans, the details of which are specified in section 21b; and

(g) such other matters as may be prescribed by the local planning authority.