The Town and Country Planning Act 1976 (Act 172) defined the term 'development' as the carrying

out of any building, engineering, mining, industrial or other similar operation in, on, 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 interpreted accordingly. From the above
definition, development can be divided into three categories, which are operational work, material
change of use and land matters. This could include a change from residential to commercial use, or a
change in the type of commercial use, such as from a retail store to a restaurant. For examples of
material changes of use include , a change from agricultural land to a residential development, a
change from an office building to a hotel, a change from a single-family dwelling to a multi-unit
dwelling or a change from a light industrial use to a heavy industrial use.
The criteria used to determine if a change in use is substantial and requires planning permission can
vary depending on local legislation and policies, but some common elements that may be considered
include:
1) Physical nature of the change: The extent to which the physical structure of the building or
property is altered can play a role in determining if a change of use is substantial.
2) Scale and intensity of the new use: The size of the property or building and the level of
intensity of the new use compared to the previous use can also be considered.
3) Impact on the surrounding area: The potential impact of the change in use on the surrounding
community and neighboring properties can also be a factor.
4) Compatibility with the existing land use pattern: The proposed new use must be compatible
with the existing land use pattern in the area and meet zoning requirements.
5) Local planning policies and regulations: Local authorities may have specific policies and
regulations that dictate what constitutes a material change of use and whether planning
permission is required.
To ensure compliance with the Town and Country Planning Act of 1976, it is crucial to be aware of
these requirements and to request pre-application guidance from the local planning authority.
2) Discuss the formulation of town and country planning system based on the provision of the federal
consitution

The Federal government is responsible for formulating national policies and guidelines for
town and country planning, while the State governments are responsible for implementing and
enforcing these policies and guidelines through their respective town and country planning
departments. In accordance with the Constitution, the Town and Country Planning Act 1976 provides
the legal framework for the planning and development of land in Malaysia, including the powers of
local authorities to make and enforce planning regulations, the process for the preparation of
development plans and the procedure for considering and determining planning applications.
The legal basis for the town and country planning system in Malaysia is provided by various
laws and regulations, including the Federal Constitution and various state-level planning and
development laws. The Federal Constitution of Malaysia provides the framework for the government
and the distribution of powers between the federal government and the states, and also provides for
the protection of fundamental liberties and rights. The Constitution establishes the National Land
Council, which is responsible for formulating and implementing national land policies and advising
the federal government on matters related to land and property, including town and country planning.
The main piece of legislation that governs town and country planning in Malaysia is the Town and
Country Planning Act 1976 (Act 172). This Act provides the legal framework for the preparation of
development plans, the approval of development proposals, and the enforcement of planning
regulations. The Act also establishes the Town and Country Planning Department, which is
responsible for the implementation of planning policies and the administration of planning laws.
In addition to the Federal Constitution and the Town and Country Planning Act 1976, there
are various state-level planning and development laws that provide the legal basis for town and
country planning in Malaysia. These laws may vary from state to state and may provide additional
requirements and regulations specific to each state.In short, the legal basis for the town and country
planning system in Malaysia is provided by a combination of federal and state-level laws and
regulations, including the Federal Constitution, the Town and Country Planning Act 1976, and
various state-level planning and development laws. These laws provide the framework for the
preparation of development plans, the approval of development proposals, and the enforcement of
planning regulations in Malaysia.
3) The Town and Country Planning Act 1976 (Act172) under section 6A has provided for the
establishment of a Regional Planning Committee. Evaluate the needs to form the COmmittee in the
context of its responsibilities outlined outline under the Act 172.

The establishment of the Regional Planning Committee under Section 6A of the Town and
Country Planning Act 1976 (Act 172) was deemed necessary to address the complex and multi-
faceted nature of land use and development in Malaysia. The committee's responsibilities, as outlined
in the Act, are to formulate and review regional plans, advise the government on planning matters,
and coordinate the implementation of planning policies at the regional level. he responsibilities of the
Committee, as outlined in the Act, include ,
First , formulation and review of regional plans. The Committee is responsible for
formulating and reviewing regional plans, which serve as a guide for the development of land within
the region and help to ensure that development is sustainable and consistent with regional and national
planning policies. Second , advising the government on planning matters. The Committee is also
responsible for advising the government on planning matters, including the preparation of regional
plans, the development of planning policies, and the resolution of planning disputes. This helps to
ensure that the government is informed and guided by the needs and perspectives of the regional
community in its planning decisions.
The following are coordination of implementation of planning policies.The Committee is
tasked with coordinating the implementation of planning policies at the regional level. This involves
working with local authorities, community groups, and the private sector to ensure that planning
policies are effectively and efficiently implemented and that the regional community is involved and
informed throughout the process. Fourth, bringing together key stakeholders. The Committee brings
together representatives from various levels of government and stakeholders, including local
authorities, community groups, and the private sector, to ensure a comprehensive and integrated
approach to regional planning and development. Lastly, to ensuring effective and integrated regional
planning. The Regional Planning Committee plays a critical role in ensuring effective and integrated
regional planning and development in Malaysia. By bringing together key stakeholders, the
Committee helps to ensure that planning decisions are informed by local needs and perspectives and
are consistent with broader regional and national planning objectives.
Overall, the Regional Planning Committee is an essential body in the planning and development
process in Malaysia. Its duties are intended to guarantee that regional planning is thorough, integrated,
and influenced by the requirements and viewpoints of the local community. The Committee is crucial
in ensuring that regional growth is sustainable and in line with overall planning goals at the local,
state, and federal levels.
4) Compare the differences of the content of Sarawak Land Code Chapter 81 (1958) and Town and
Federal Territory (Planning) Act 1958 (Act 257) in promoting an efficient planning administration,
development plan and development control system.
Two significant laws that govern planning and development in Malaysia are the Town and Federal
Territory (Planning) Act 1958 (Act 257) and the Sarawak Land Code Chapter 81 (1958). Although the
two statutes have comparable objectives, there are substantial disparities in their approach and
content.
Firstly, jurisdiction. One of the main differences between the two laws is the jurisdiction they cover.
The Sarawak Land Code Chapter 81 (1958) applies only to the state of Sarawak, while the Town and
Federal Territory (Planning) Act 1958 (Act 257) applies to federal territories in Malaysia, including
Kuala Lumpur and Putrajaya. Secondly, planning administration. The Sarawak Land Code Chapter
81 (1958) establishes a centralized planning administration, with the Chief Minister of Sarawak
having the authority to approve or reject planning proposals. In contrast, the Town and Federal
Territory (Planning) Act 1958 (Act 257) provides for a decentralized planning administration, with
local authorities having the primary responsibility for planning and development control. Thirdly ,
development plans. Both laws require the preparation of development plans, but the level of detail and
the type of information required in these plans differ. The Sarawak Land Code Chapter 81 (1958)
requires the preparation of a comprehensive development plan that covers all aspects of land use,
including zoning, building regulations, and infrastructure development. The Town and Federal
Territory (Planning) Act 1958 (Act 257) requires the preparation of a more focused development plan
that outlines the intended use of land and the type of development allowed. The following are ,
development control. The Sarawak Land Code Chapter 81 (1958) provides for a more centralized
development control system, with the Chief Minister having the authority to approve or reject
development proposals. In contrast, the Town and Federal Territory (Planning) Act 1958 (Act 257)
provides for a decentralized development control system, with local authorities having the primary
responsibility for enforcing planning and development regulations.
In conclusion, two significant laws that govern planning and development in Malaysia are the Town
and Federal Territory (Planning) Act 1958 (Act 257) and the Sarawak Land Code Chapter 81 (1958).
Although the two laws have similar objectives, there are important differences in their scope,
administration of the planning process, production of growth plans, and methods for development
control.
5)The Town and Country Planning Act 1976 (Act 172) under section 2B clearly provides the Federal
Department of Town and Country Planning the legislative role in the overall town planning system in
Peninsular Malaysia. Discuss the provision of law under the Act 172 that allow the Federal
Department of Town and Country Planning to be directly involved in the development plan and
development control system at the state and local planning levels.
The Federal Department of Town and Country Planning is authorised to participate directly in the
development plan and development control system at the state and local planning levels in a number
of ways under the Town and Country Planning Act of 1976 (Act 172).
Firstly, preparation and approval of the national physical plan. The Act grants the Federal Department
the power to prepare and approve a National Physical Plan, which serves as a guide for physical
development at the national level, including at the state and local planning levels. The National
Physical Plan outlines the long-term vision for physical development in the country, including
policies on land use, transportation, housing, and the environment. Secondly, approval of
Development Plans. The Federal Department has the authority to approve development plans prepared
by state and local planning authorities. This ensures that development at the state and local planning
levels is consistent with the National Physical Plan and national standards and policies.
The following are review and amendment of development plans. The Act also gives the Federal
Department the power to review and make changes to development plans prepared by state and local
planning authorities as necessary to ensure consistency with the National Physical Plan. This helps to
ensure that development at the state and local levels aligns with national goals and objectives. Lastly,
inforcement of development control regulations. The Federal Department is empowered to enforce
development control regulations, including those related to building design and construction, land use
planning, and environmental protection. This helps to ensure that development at the state and local
planning levels complies with national standards and policies, and protects the environment and
public health and safety.
In conclusion, these provisions of the Town and Country Planning Act 1976 provide the Federal
Department of Town and Country Planning with the authority to be directly involved in the
development plan and development control system at the state and local planning levels. This helps to
ensure that planning and development policies and regulations are consistent and aligned with
national goals and objectives.
ELABORATE THE STATUTORY PROCEDURES iN APPLYiNG FOR PLANNiNG
PERMiSSiON. DiSCUSS THE SiTUATiON iN WHiCH PLANNiNG ENFORCEMENT
COULD BE TAKEN BY THE LOCAL PLANNING AUTHORiTY iN ACCORDANCE TO
THE ACT 172.
The following steps must be taken in order to apply for planning authorization under Act 172,
generally known as the Town and Country Planning Act of 1976. Firstly , preparation.
Gather all necessary information and documents, including site plans and design drawings, to
support your application. Ensure that you have a good understanding of the relevant planning
policies and regulations that will affect your application.Then, submission. Submit your
application, along with any relevant fees, to the local planning authority. The application
should include a detailed description of the proposal, including plans, elevations, and site
layouts, and any supporting information, such as environmental impact assessments. Thirdly,
assessment. The local planning authority will assess your application and consider any
representations from interested parties, such as neighboring property owners, local residents,
and relevant organizations. The authority may also seek additional information or
clarification if necessary. Following with the decision. The local planning authority will make
a decision on your application, which will be notified in writing. The decision may be granted
subject to conditions, or it may be refused. Lastly , appeal. If the decision is unfavorable, you
have the right to appeal to the Secretary of State for Housing, Communities and Local
Government. This process can be complex and time-consuming, and it is advisable to seek
professional advice before making an appeal.
Planning enforcement action can be taken by the local planning authority in accordance with
the Town and Country Planning Act 1976 (Act 172) in the following situations. First,
unauthorized development. If development has taken place without the necessary planning
permission or in breach of the conditions attached to a planning permission, the local
planning authority can take enforcement action to require the development to be stopped,
altered, or removed.Then , breach of planning conditions. If a planning permission includes
conditions that are not being met, the local planning authority can take enforcement action to
ensure that these conditions are complied with. Following with the change of use. If a change
of use of land or buildings has taken place without the necessary planning permission, the
local planning authority can take enforcement action to require the change to be
reversed.Fourth, display of advertisements. If an advertisement is displayed without the
necessary consent, the local planning authority can take enforcement action to require its
removal. Then , listed buildings. If alterations are made to a listed building without the
necessary consent, the local planning authority can take enforcement action to require the
building to be restored to its previous condition.
The local planning authority is able to enact a variety of enforcement measures, such as
sending enforcement notifications, requesting injunctions, and filing charges. However,
enforcement action should only be used as a last resort, following the failure of all other
attempts to resolve the issue. When possible, the local planning authority should try to reach
an informal agreement by negotiating and talking with the involved parties.
IDENTIFY AND EXPLAIN THE WEEKNESSESS IN THE PRESENT PROVISIONS OF
PLANNING CONTROL (PART IV) OF THE TOWN AND COUNTRY PLANNING ACT
(1976) (ACT 172)

The present provisions of Planning Control (Part IV) of the Town and Country Planning Act
1976 (Act 172) have several weaknesses, which are lack of enforcement, outdated
regulations, limited public involvement, inadequate funding and limited technical capacity.
Firstly, lack of enforcement. The Act lacks provisions for the enforcement of planning
regulations and control, which makes it difficult for the local authorities to ensure compliance
with planning laws and regulations. This results in the development of unauthorized buildings
and structures that do not conform to planning regulations. Secondly, outdated regulations.
The Act was enacted in 1976 and has not been updated to reflect the changing demands of
urban development and planning control. Some of its provisions are outdated and do not
reflect the current realities of urban planning. For example, the Act does not take into account
the need for sustainable development and does not provide for the protection of green spaces
and the environment.Then, limited public involvement. There is limited provision for public
involvement in the planning control process, which makes it difficult for citizens to have a
say in the development of their localities. This limits the accountability of local authorities
and developers and reduces the transparency of the planning control process. Following with
inadequate funding. There is inadequate funding for the implementation and enforcement of
planning control provisions, which limits the effectiveness of the Act. This affects the ability
of local authorities to carry out regular inspections, enforce planning regulations, and carry
out development control activities. Fifth, limited technical capacity. There is limited technical
capacity among local authorities to implement and enforce the provisions of the Act, which
affects the effectiveness of planning control. This includes a shortage of skilled personnel,
inadequate resources, and limited technical expertise.
These weaknesses have led to the ineffective implementation of planning control and have
contributed to urban development issues such as unplanned growth, environmental
degradation, and loss of open spaces. In order to address these weaknesses, there is a need to
review and update the provisions of the Town and Country Planning Act 1976 (Act 172) to
reflect the current realities of urban planning and to ensure its effectiveness in promoting
sustainable development.