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THE PRACTICE OF LOCAL DEVELOPMENT PLANNING

‡ Statutory basis for town planning ‡ Development plan system ‡ Development control decisions ‡ Discussion/questions

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The practice of local development practice

STATUTORY BASIS FOR TOWN PLANNING

‡ The town and country planning act 1971 provides the statutory basis for the land use planning system in England and Wales In Peninsular Malaysia: ‡ Presently, the principal act for the TCP system in Peninsular Malaysia is the Town and Country Planning Act 1976 (Act 172) ‡ The legal framework for TCP is established by the Concurrent List (List III) of the Federal Constitution 1957 ‡ The TCP powers are divided between the Federal, State and Local Governments
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. 1991). ‡ The act is modelled on the Town and Country Planning Act 1971 for England and Wales (Bruton. ‡ The Federal Town and Country Planning Department (TCPD) of the Ministry of Housing and Local Government administers the TCP Act (Act 172) and functions as the advisory body for planning related issues (United Nations. Goh.d. n.d. in Goh. 1991). n. Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 .The practice of local development practice ‡ The aim of TCP is ³to plan and arrange all the different land uses in order to achieve their best relationship to each other and to make the most efficient use of the land in the best interest of the people´ (Town and Country Planning Department. 2002).

2005).The practice of local development practice ‡ Act 172 was updated in 1995 (Act A933) to provide for the achievement of sustainable development. particularly with regard to the protection of the natural environment from the impacts of development (United Nations. ‡ The latest amendment was made in 2001 (known as Act A1129) and provides the formulation of a National Physical Plan (NPP) for Peninsular Malaysia. ‡ The amendments include the preservation and planting of trees. Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 . Act 172) be submitted with all applications for planning permission. preservation of natural topography. provision of open spaces and a requirement that development proposal reports (Section 21A.

The practice of local development practice The evolution of town planning act in Peninsular Malaysia Town and Country Planning Act 1976 (Act 172). Act 172 was updated in 1993 (Act A866) Act A866 was updated in 1995 (Act A933) Act A933 was updated in 2001 (Act A1129) Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 .

development control. and 2. which is the implementation mechanism (Bishop. Rydin. Heap. development plans.The practice of local development practice ‡ Two principal instruments underlie the TCP framework (Dumashie. 1998): 1. 2000. Taussik. 1981. Kirby & Carrick. 1997). ‡ Most forward planning systems generally involve these two elements of town planning practice. Tewdwr-Jones & Wilkinson. 1985. Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 . which are considered the µheart¶ of the forward planning framework. 2001.

To set out the main considerations on which planning applications are decided. 2.The practice of local development practice DEVELOPMENT PLAN SYSTEM Main aims: 1. To guide a range of other responsibilities of local government and other agencies Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 .

economic and environmental issues) 2.The practice of local development practice Purposes: 1. Ensuring that the provision of essential infrastructure is co-ordinated with land development 3. Ensuring co-ordination and compatibility between plans at different spatial scales 4. Providing some certainty to those seeking planning permission and those seeking to maintain their local environment Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 . Providing a clear framework for development control decisions 5. Indicating LPA to envisage its geographical area developing in the future (social.

The practice of local development practice Development plan: its features 1. Development that conforms to the plan is lawful 4. indicative ± each planning application is treated on its own merits Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 . Policy-based plans 3. Guidance frameworks ± co-ordinate and regulate 2.

Individual planning decisions can be taken against an overall national.The practice of local development practice Development plan and sustainable development A key role in assisting the delivery of sustainable development by taking environmental considerations comprehensively into account through long-term forward planning ± 1. Environmental protection and improvement can be planled 2. Local. Social and economic requirements of the population can be met 3. strategic and local framework Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 . regional and global natural systems and resources can be protected 4.

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 .The practice of local development practice Public participation in development plans ‡ The basis statutory requirements for public involvement in development plans confer certain rights on the public and obligations on planning authorities. ‡ To consider views and objections from the public in the preparation of Structure Plans and Local Plans ‡ In the UK .public representations must be taken into account by the Secretary of State or the LPA when development plans are formally approved or adopted.

Act 172 for Structure Plan preparation and Sections 13 & 14. under the system known as development control Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 . Act 172 ‡ The development plan guides and informs day to day decisions as to whether or not planning permission should be granted. Malaysia ± public involvement is required under Section 9.The practice of local development practice ‡ In P.

Local planning authorities will be able to introduce local permitted development rights by way of local development orders. 2 and 6 a duty to exercise their functions with the objective of contributing to the achievement of sustainable development. It updates the definition of the development plan to take account of the changes to the planning system made by the Act. Part 4 . It also imposes on those with plan-making functions under Parts 1. It provides local planning authorities with a new enforcement power to control development.The practice of local development practice The British planning system Part 3 ± Development: deals with development. Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 .Development Control: deals with development control.

State Planning Committee ± approval by National Physical Planning Committee State Structure Plan ± State TCPD ± approval by State Planning Committee Local Plan ± Local Planning Authority ± approval by State Planning Committee Action Area Plan ± State TCPD/LPA ± approval by State Planning Committee Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 .The practice of local development practice The current development plan system in Peninsular Malaysia National Physical Plan ± Federal TCPD.

and undertaking and enforcement of planning control Source: Developed from Usuluddin (1999) in Asmawi (2006) Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 .The practice of local development practice The institutional hierarchy of TCP in Peninsular Malaysia Economic Planning Unit: national policies and strategies for sustainable development National Development Planning Committee & Federal Town and Country Planning Department: national planning guidelines and National Physical Plan State Economic Planning Unit: State policies and strategies State Planning Committee & State Town and Country Planning Department: State Structure Plan Local Planning Authority: Local plan.

Planning applications 2.The practice of local development practice DEVELOPMENT CONTROL Development control regulates the development and use of land in the public interest. Regulation and enforcement Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 . Permission and conditions 3. It relates with: 1.

‡ Development control is the principal means of achieving planning goals and is the machinery whereby developers must obtain planning permission from LPAs to develop. Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 . 2002). 1998). ‡ It is the cutting edge of the TCP system as it is the mechanism by which planning affects most people (Rydin. ‡ Development control involves measures for enforcement of planning law by LPAs (Cullingworth & Nadin.The practice of local development practice ‡ Implementation of development plans occurs through development control.

development control decisions should be made on the basis of policies provided in development plans and other material considerations (Taussik. design and external appearance. scale. ‡ The LPAs may try to control the form of a development as well as its location. ‡ In England. to challenge the development plans. investors etc. ‡ Development control enables landowners.The practice of local development practice ‡ Statutory development plans have legal effect in the context of decisions taken by LPA on applications for permission to develop. specifying requirements such as access. developers. after its adoption. 1997) Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 .

an essential component of TCP ‡ It specifically requires that any use of land or buildings must be in conformity with the development plan. by deciding whether to uphold the development plans or depart from it. Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 .The practice of local development practice In Peninsular Malaysia: ‡ Part IV of the planning act. entitled ³Planning Control´ provides for development control. ‡ Development control provides an administrative mechanism for the LPAs to exercise discretion on specific development proposals.

The practice of local development practice Weaknesses and strengths of development plan and development control Planning element Development plan Weaknesses y Takes too long to approve y Out-of-date by the time it comes into operation y Prevents appropriate development y Limits on public power y Depends on market interest y Tied to governmental procedures Strengths y Involvement of public y Comprehensive administrative and geographical coverage y Environmental instrument y Basis for environmental appraisal Development control Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 .

The practice of local development practice DISCUSSION/QUESTIONS 1. 2. Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 ± week 2 . Comment on the importance of development plan system in relation to the concept of sustainable development. Comment on how development control could prevent inappropriate development.