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Content Highlights
• POLICY AND ADMINISTRATION
Introduction to Act • REGIONAL PLANNING COMMITTEE
• NATIONAL PHYSICAL PLAN
172 Town and Country • DEVELOPMENT PLANS
Planning Act • PLANNING CONTROL
• DEVELOPMENT CHARGE
Lecture 4
• TREE PRESERVATION ORDER
• THE APPEAL BOARD
• PURCHASE NOTICE AND ACQUISITION OF LAND
• DEVELOPMENT AREAS
• MISCELLANEOUS PROVISIONS

Meaning & Concept of Development Development Plans

What is development?
thecarrying out of any building,
engineering, mining, industrial, or National Physical Plan
other similar operation in, on, over, or
under land, the making of any material change in the use State Structure Plan
of any land or building or any part thereof, or the subdivision or
amalgamation of lands; and “develop” shall be construed
accordingly;
District Local Plan
-Involving the physical alteration of land or

-Material change in the use of land or building Special Area Plan

The Importance : Development plans & Planning Control

Development Control
• to prevent undesirable development of land Sec 18.
(1) No person shall use or permit to be used any
• is a form of planning control, intended to land or building otherwise than in conformity
maintain a reasonable balance of the community's with the local plan.
requirements as to land use and the protection or
enhancement of the environment, and to displace market
forces when such forces are not in the best interests of the
community.

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Planning Permission Planning Permission

• Means permission granted, with or without • Sec 20. No person shall commence, undertake,
condition, to carry out development (Sec 2. (1)) or carry out any development otherwise than in
conformity with the planning permission
• Sec 19. (1) No person, other than a local granted to him under section 22 in respect of the
authority, shall commence, undertake, or carry development or with the conditions of the
out any development unless planning planning permission.
permission in respect of the development has
been granted to him under section 22 or
extended under subsection 24(3).

Planning Permission Translations: from section 22

• Sec 22 (2) In dealing with an application for planning Planning permission:
permission, the local planning authority shall take into
consideration such matters as are in its opinion - Is needed in order to develop
expedient or necessary for proper planning and in particular—
- Planning permission and conditions stated by
(a) the provisions of the development plan, if any; the LPA must be followed
(aa) the direction given by the Committee, if any;
(b) the provisions that it thinks are likely to be made in any - Development plans, orders from SPC, Sewerage
development plan under preparation or to be Services Act, Development Proposal Report
prepared, or the proposals relating to those provisions;
(ba) the provisions of the Sewerage Services Act 1993 (LCP) and any objections from neighboring land
[Act 508]; owners will be referred to in granting the
(bb) the development proposal report; and
(c) the objections, if any, made under section 21. planning permission

How to apply and to whom? How to apply and to whom?

Sec 21. (1) An application for planning Sec 21.(2) If the applicant is not the owner of
the land on which the development is to be carried
permission in respect of a development shall be
out, the written consent of the owner there of
made to the local planning authority and
to the proposed development shall be obtained and
shall be in such form and shall contain such particulars
and be accompanied by such documents, plans, and fees endorsed on the application.
as may be prescribed.

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KEBENARAN MERANCANG TIDAK DIPERLUKAN

How to apply and to whom? JIKA :

Sec 21.(3) Where the development involves the erection of a • Kerja yang menyentuh hanya bahagian dalaman
building, the local planning authority may give written directions bangunan itu
to the applicant in respect of any of the following matters, that is to
say: • Bagi pembinaan atau pendirian di atas mana-mana
(a) the level of the site of the building; tanah bangunan sementara untuk menampung
(b) the line of frontage with neighbouring buildings; pekerja yang terlibat dalam pembinaan atau pendirian
(c) the elevations of the building; suatu bangunan di atas tanah
(d) the class, design, and appearance of the building; • Bagi pembuatan apa-apa perubahan secara material
(e) the setting back of the building to a building line;
kepada penggunaan tanah atau bangunan yang ditetapkan
(f) access to the land on which the building is to be
oleh Pihak Berkuasa Negeri sebagai suatu perubahan
erected; and
(g) any other matter that the local planning authority
material
considers necessary for purposes of planning.

In the case of “no local plan”

Sec 21.(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.

Development Proposal Report

Content of Development Proposal Report
(a) the development concept and justification;
• Every application for planning permission must (b) a location map and a site plan;
(c) particulars of land ownership and restrictions, if any;
be accompanied with a development (d) (i) a description of the land including its physical environment,
proposal report 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.

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Layout Plans (to be attached with Layout Plans (to be attached with Development
Development Proposal Report) Proposal Report)

• To show the proposed development and in particular:

- (a) where the development is in respect of any land— - (b) where the development is in respect of a building with special
(i) measures for the protection and improvement of its physical architecture or historical interest, particulars to identify the building
environment; including its use and condition, and its special character,
(ii) measures for the preservation of its natural topography; appearance, make and feature and measures for its protection,
(iii) measures for the improvement of its landscape; preservation and enhancement; and
(iv) measures for the preservation and planting of trees - (c) where the development involves a building operation, particulars
thereon; of the character and appearance of buildings located in the
surrounding area.
(v) the location and species of trees with a girth exceeding 0.8
metre and other vegetation thereon;
(vi) the making up of open spaces;
(vii) the proposed earthworks, if any; and
(viii) a description of the works to be carried out; and

Conditions that might be imposed in granting Conditions that might be imposed in granting
planning permission planning permission
a. for securing the development of the land in accordance with the approved
layout plan; f. for securing the making up of open spaces in accordance with
approved layout;
b. prohibiting damage to the land, its physical environment, natural g. for building – conditions to ensure compatibility with architecture,
topography and landscape; character or appearance depicted in the buildings located in the
surrounding areas
c. prohibiting the removal or alteration of any of the natural features of the h. for development involving addition/alteration to building with
land; special interest – conditions to ensure façade/external character is
retained
d. prohibiting the felling of trees of a certain size, age, type or species at any i. for rebuilding with special interest – conditions to ensure
particular location unless it is to comply with any written law; façade/external character is retained

e. for securing the planting or replanting of trees of a certain size, age, type
or species;

Appeal Board Appeal Board

An appeal can be made to the Appeal Board if: • Appeal by any person who is aggrieved by the amount of
reimbursement or compensation offered or paid to him
upon revocation or modification of his planning
• an applicant for planning permission aggrieved by the permission or building plan by the LPA (s.25(9))
decision of the local planning authority to refuse
planning permission or by any condition imposed by the • Appeal by a person aggrieved by a requisition notice or
local planning authority in granting planning permission amount of compensation (s.30 and s.30(7))

• a person who has lodged an objection pursuant to • Appeal by any person aggrieved by a tree preservation
subsection 21(6) and is aggrieved by the decision of the order
local planning authority in relation to his objection.

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Responses from Appeal Board

• Dismiss the appeal;

• Allow the appeal by directing the LPA to grant planning

permission absolutely or subject to such conditions as the Appeal
Board thinks fit;

• Allow the appeal by setting aside any planning permission

granted;

• Allow the appeal by directing the local planning authority to

remove or modify any condition subject to which planning
permission has been granted or to replace the condition with such
other condition as the Appeal Board thinks fit.