PLANNING

CONTROL

NAME : NUR ANIS SYUHADA BINTI ZAINUDIN

: NUR IMAN NAJIRAH BINTI NAZLI
: NOR FARHANA BINTI MOHD ASNI

LECTURER NAME : MDM. SITI NOOR ZILAWATI BINTI

MINGAT@MINHAD

DCP6203 LAW AND PLANNING PRACTICE

 Introduction

1
The enforcement is to deal with contravention of planning control

2
The introduction of penalties for offenses under this act
is only in the form of fines and no provision has been
made on compounds or imprisonment

3 Act 172 has provided a number of provisions

relating to offenses under this act involving
developmental activities without planning
permission or violation of a condition in planning
permission
4 With the Act A1129 which amends Act 172
there is now a jail sentence in addition to
the existing one

DCP6203 LAW AND PLANNING PRACTICE

 Enforcement To Control The Planning

27. Enforcement in the Infringement of Section 19 28. Enforcement in the Infringement of Section 20

(1) This section shall apply if found by the local (1) This section shall apply if found by the local
planning authority any development has been or is planning authority any development has been or is
being undertaken or conducted in contravention of being undertaken or carried out in contravention of
section 19. section 20.

Where a local planning authority finds that a
development activity is underway or has been
completed without the planning permission it may
issue a notice requiring the person carrying on the
development activities to cease the ongoing
development activity, if it is still running, and request
to return the affected land that's to the original
state.
Where local authority authorities find that a
development activity is in progress or has been
completed without the prior written approval of the
plan, including the conditions of the planning
permission, it may issue a notice requiring the
development to be terminated, if it is still in
operation, and request to return the affected land to
its original state.

This notice is issued when the authority considers

that the truth of the shootings will not be given if the
application in respect of it will produce the form of
development in the current or developing state.

DCP6203 LAW AND PLANNING PRACTICE

Offenses Relating To Development Activities That Are Or Are To
Be Carried Out Without The Consent Of The Designated Grant
Or The Terms Of The Planning Permission

 Section 28 refers to development activities that are or have been completed or carried out without
the planning permission granted or the conditions in the planning permission and thus violate section
Act 20.

 If local authority has found that a development activity is in progress or is being completed without
the planning permission provided, including the conditions for the planning permission, it may issue a
notice requiring the development to be halted, if it is still in operation, and request that the affected
land be restored to its original state.

 This notice is issued when the authority considers that the truth of the shootings will not be given if
the application in respect of it will result in the form of development in the current or developing
state.

 If local authority has found that a development activity is in progress or is being completed without
For ongoing development activities it must be stopped by the issuance of this notice. The
disobedience of this notice is an offense and if convicted, an offense can be fined up to RM 100000 or
imprisoned for a term not exceeding six months up to RM 5000 per day.

DCP6203 LAW AND PLANNING PRACTICE

Offenses Relating To Development That Are Not In
Accordance With The Modified Designing
Permission Or Modified Building Plan

Section 29 empowers local

planning authorities to submit
notice requiring developers to
comply with the conditions
imposed in the modified
planning permission. Refusal is
an offense and if a sickle can be
fined up to RM100000 and
jailed up to RM5000 per day the
offense continues.
It is noted that the power
allocated to the local planning
authority to enforce
enforcement is discretionary.
This Act also provides that the
relevant authorities shall first
be satisfied on the subject
matter of the offense before it
may take action to issue
relevant notices.

DCP6203 LAW AND PLANNING PRACTICE

 CLAIM NOTICE

Notice of request issued by the local planning authority to the landowner in the event of a land or building
use has to be stopped or modified to suit the surrounding environment. Such action must be taken as
there are development activities already in place before the planning control system is introduced under
this Act.

By section 30 (1) the authority is granted to the local planning authority, upon approval of the State
Authority, to issue a notice of demand to the landowner requiring:

(a) Ceased use of the land;

(b) Comply with the conditions for the use of the land;

(c) Alter or alter any building or work on the land

Through this provision local planning authorities can control existing development activities in one
location so that the goal of improving the environment can be achieved. In addition to the options
available to the relevant planning authority there is no need for such authority to take back the
relevant land in all circumstances.

DCP6203 LAW AND PLANNING PRACTICE

Among the factors that can be considered by the local planning authority in deciding whether to issue a request letter
are:

(a) If it is expedient to achieve better planning for the area;

(b) If it is in the interest of the comfort of the area;

(c) If it is to achieve a policy or provision in the development plan for the area; and

(d) For any other significant consideration in the planning of the area.

Notice of request / receipt notice will be issued by the local planning authority in the following circumstances:

(a) Notice issued to the landowner who developed the land and the development has caused a
land-use conflict;

(b) This inappropriate development is blocked to mitigate the stress of existing and future development.

(c) The action against the landowner is to control plans that do not meet the requirements;

(d) The local planning authority takes action after having sufficient evidence to explain the wrongdoing of the
landowner; and

(e) The local planning authority acts in accordance with the decision of the State Authority. However, Section 30 (2) of
Act 172 provides that a person aggrieved by a notice of acquittal may appeal to the Appeal Board within the
prescribed period.
DCP6203 LAW AND PLANNING PRACTICE
Notice of request / receipt notice will be issued by the local planning authority in the following
circumstances:

(a) Notice issued to the landowner who developed the land and the development has caused a land-
use conflict;

(b) This inappropriate development is blocked to mitigate the stress of existing and future
development.

(c) The action against the landowner is to control plans that do not meet the requirements;

(d) The local planning authority takes action after having sufficient evidence to explain the wrongdoing
of the landowner; and

(e) The local planning authority acts in accordance with the decision of the State Authority. However,
Section 30 (2) of Act 172 provides that a person aggrieved by a notice of acquittal may appeal to the
Appeal Board within the prescribed period.

DCP6203 LAW AND PLANNING PRACTICE

Under the concept of notice of this request compensation should be paid to the landowner for the loss of
his right to continue development activities from the existing state. Although compensation should be
paid at least this will prevent the authorities from having to cover the cost of the land acquisition which
the authority has no interest in owning. Under section 30 (5) the landowner may claim compensation
from the local planning authority if it can be shown:

(a) Has suffered any damage to the value of the land; or

(b) Has incurred expenses or expenses in carrying out work as a result of compliance with this demand
notice.

In conclusion, the demand notice is very useful in enabling local planning authorities to deal with
development activities that exist in a location that is no longer in accordance with the
surrounding development. Such activity has been around for a long time, before the existence of
a planning control system that required planning permission.

DCP6203 LAW AND PLANNING PRACTICE

 NOTICE OF PURCHASE AND
LAND ACQUISITION

In some cases when the application for planning permission is refused, the land in question is found to
be unavailable. Additionally the land may have been allocated for the acquisition and thus the
landowner could not sell the land. To deal with this situation Part Vll of Act 172 provides for a notice of
purchase.

Section 37 (1) provides for a person who finds that his land is no longer available for use as a result of:

(a) The refusal of planning permission on the grounds that the land has been shown in the
development plan as proposed land for public purposes; or

(b) Compliance with the notice of request served to him under section 30.

DCP6203 LAW AND PLANNING PRACTICE

Can submit a claim to the local planning authority for the land to be purchased. Pursuant to section 37
(2) when submitting the application, the landlord must include:

(a) A statement of the facts and reasons for supporting the claims in the notice; and

(b) Copies of any documents available, including affidavits which may provide evidence of such facts
and reasons.

Section 37 (3) further provides that when the local planning authority receives a claim in the notice
purchased from the landowner concerned, the authority shall investigate whether the claim is
reasonable.

Section 37 (4) allows a local planning authority to reject a purchase notice submitted by the landlord
if:

(a) it is not satisfied that the notice of purchase is in the form prescribed in the rules; or

(b) it is not satisfied that the purchase notice has been prepared or served in the manner prescribed in
the rules.

DCP6203 LAW AND PLANNING PRACTICE

However this objection does not prevent the same landlord from submitting a new purchase
notice. The authority should then make a report in respect of the proposed use and submit it to the
State Authority for a decision whether to reject the purchase notice or to direct the steps taken to
acquire the land under the Land Acquisition Act 1960.

Section 37 (7) further provides for the procedure for assessing the amount of compensation
required to be paid for land acquisition. The assessment of the amount of compensation should be
calculated:

(a) It does not appear in the development plan as land intended

for public purpose and is not actually so proposed;

(b) It is as if the notice of request served under section 30 in respect of the land was not served and
the notice was not complied with.

This provision is intended to ensure that it complies with the provisions of the Land Acquisition Act
1960.

DCP6203 LAW AND PLANNING PRACTICE