Malaysia legislation

Section 22

of *FEDERAL TERRITORY (PLANNING) ACT 1982

Section 22

(2)

Where the Commissioner decides to grant planning permission in respect of a development he may issue a development order—

(a)

granting planning permission without any condition in respect of the development;

(b)

granting planning permission subject to such condition or conditions as the Commissioner may think fit in respect of the development:

Provided that the Commissioner shall not issue a development order under this subsection unless he is satisfied that the provision of section 41 relating to the assessment of development charges has been complied with.

(3)

Without prejudice to the generality of paragraph (2)(b), the

Commissioner may impose any or all of the following conditions—

(a)

to the effect that the development order granting planning permission in respect of any change of use of land or building is only for a limited period and after the expiry of that period the use of the land or building as authorized under such development order shall cease to have any effect and the land

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or building shall be reverted to its original use; and

(b)

to regulate—

(i)

the development and use of any other land which is under the control of the applicant and which is adjoining the land for which planning permission is to be granted for the development thereof; and

(ii)

the works that may be carried out on such other land in the manner and to the extent as may appear to the

Commissioner to be expedient with regard to the development for which planning permission is to be granted.

(4)

The Commissioner in dealing with an application for planning permission shall take into consideration such matters as are in his discretion expedient or necessary for purposes of proper planning and in this connection but without prejudice to the discretion of the

Commissioner to deal with such application, the Commissioner shall as far as practicable have regard to—

(a)

the provisions of the development plan and where the local plan has not been adopted, the Comprehensive Development

Plan; and

(b)

any other material consideration:

Provided that in the event of there being no local plan for an area and the Commissioner is satisfied that any application for planning permission should not be considered in the interest of proper planning until the local plans for the area have been prepared and adopted under this Act then the Commissioner may either reject or suspend the application.

(5)

Upon the receipt of an application for planning permission the

Commissioner shall within such time as may be prescribed either grant or refuse the application and when the application is granted subject

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to condition or refused, the Commissioner shall give his reasons in writing for his decision.

(6)

Where a development order is granted, whether with or without conditions, it shall be conveyed to the applicant in the prescribed form.

Appeal against decision of Commissioner