Malaysia legislation
Section 21
Section 21
(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;
(c)
the elevations of the building;
(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
46 Laws of Malaysia ACT 172
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within the specified period or extended period, the application for planning permission shall be deemed to have been withdrawn but the applicant may submit a fresh application.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;
Town and Country Planning 47
(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.
Development proposal report