Malaysia legislation

Section 22

of *TOWN AND COUNTRY PLANNING ACT 1976

Section 22

(2)

In dealing with an application for planning permission, the local planning authority shall take into consideration such matters as are in its opinion expedient or necessary for proper planning and in particular—

(a)

the provisions of the development plan, if any;

(aa) the direction given by the Committee, if any;

(b)

the provisions that it thinks are likely to be made in any development plan under preparation or to be prepared, or the proposals relating to those provisions;

(ba) the provisions of *the Sewerage Services Act 1993 [Act 508];

(bb) the development proposal report;

(bc) the provisions of the Solid Waste and Public Cleansing

Management Act 2007 [Act 672]; and

(c)

the objections, if any, made under section 21.

(2A)

Where an application submitted under this section involves—

*NOTE—Repealed by Act 655 in respect of its application to Peninsular Malaysia and the Federal territories of Putrajaya and Labuan.

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(a)

the development of a new township for a population exceeding ten thousand, or covering an area of more than one hundred hectares, or both;

(b)

a development for the construction of any major infrastructure or utility; or

(c)

a development affecting hill tops or hill slopes, in an area designated as environmentally sensitive in a development plan, the Committee shall request from the Council its advice on the application submitted.

(2B)

For the purposes of subsection (2A), development for the construction of major infrastructure or utility shall include—

(a)

national infrastructure works such as airports, seaports, railway lines and highways; and

(b)

national utility works such as the erection of dams, main power stations and toxic waste disposal sites.

(3)

After taking into consideration the matters specified in subsection (2), the local planning authority may, subject to subsection (4), grant planning permission either absolutely or subject to such conditions as it thinks fit to impose, or refuse to grant planning permission.

(4)

The local planning authority shall not grant planning permission if—

(a)

the development in respect of which the permission is applied for would contravene any provision of the development plan;

(aa) the development in respect of which the permission is applied for would contravene the provision of paragraph

(2)

(aa); or

52 Laws of Malaysia ACT 172

(b)

the applicant for planning permission has neither paid the development charge payable in respect of the development nor obtained the permission of the local planning authority under subsection 34(1) to pay the development charge by instalments.

(5)

Conditions imposed under subsection (3) may include any or all of the following conditions, that is to say, conditions—

(a)

to the effect that planning permission granted in respect of any change of use of land or building is only for a limited period and that, after the expiry of that period, the use of the land or building as authorized by the planning permission shall cease and the land or building shall be reverted to its original use;

(b)

to regulate—

(i)

the development and use of any other land under the control of the applicant that adjoins the land in respect of which the planning permission is granted; and

(ii)

as may appear to the local planning authority to be expedient for the development for which planning permission is granted, the works that may be carried out on such other land and the manner in which and the extent to which such works may be carried out;

(c)

for securing the development of the land in accordance with the approved layout plans;

(d)

prohibiting damage to the land, its physical environment, natural topography and landscape;

(e)

prohibiting the removal or alteration of any of the natural features of the land;

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(f)

prohibiting the felling of trees of a certain size, age, type or species at any particular location, unless it is to comply with any written law;

(g)

for securing the planting or replanting of trees of a certain size, age, type or species at any particular location in such manner as may be determined by the local planning authority;

(h)

for securing the making up of open spaces in accordance with the approved layout plans;

(i)

where the development involves the erection of a new building, or the re-erection or extension of a building or part thereof, conditions to ensure its compatibility with the architecture, character or appearance depicted in the buildings located in the surrounding area, which the local planning authority intends to protect, preserve or enhance;

(j)

where the development involves any addition or alteration to an existing building with special architecture or historical interest, conditions to ensure that the facade and other external character of the building is retained; and

(k)

where the development involves the re-erection of a building with special architecture or historical interest or the demolition thereof and the erection of a new building in its place, conditions to ensure that the facade and other external character of the demolished building is retained.

(5A)

It shall be the duty of the local planning authority to ensure where planning permission is granted that a tree preservation order, if any, is complied with.

(6)

If planning permission is granted, whether with or without conditions, it shall conveyed to the applicant in the prescribed form and at the same time a notice of the grant thereof shall be given to any person who has made any objection pursuant to subsection 21(6).

54 Laws of Malaysia ACT 172

Appeal against decision of local planning authority

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