In forceUpdated to 1 Jun 2021Read it in Bahasa Malaysia

Contents

Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part III · Development Plans

12. Preparation of draft local plans

(1)

The local planning authority, while a draft structure plan is being prepared, or before the State Authority gives assent to a draft structure plan that has been prepared, may, if it thinks desirable, prepare a draft local plan for any part of its area.

(2)

Where a structure plan for the State has come into effect, the local planning authority shall as soon as practicable prepare a draft local plan for the whole of its area.

(3)

A draft local plan shall consist of a map and a written statement and shall—

(a)

formulate, in such details as the local planning authority thinks appropriate, its proposals for—

(i)

the development of;

(ii)

the use of land in;

(iii)

the protection and improvement of the physical environment of;

36 Laws of Malaysia ACT 172

(iv)

the preservation of the natural topography of;

(v)

the improvement of the landscape of;

(vi)

the preservation and planting of trees in;

(vii)

the making up of open spaces in;

(viii)

the preservation and enhancement of character and appearance of buildings in;

(ix)

the improvement of communications in; and

(x)

the management of traffic in, the area of the local plan; and

(b)

contain such matters as may be prescribed or as the

Committee may in any particular case specify.

(4)

A draft local plan for an area shall contain, or be accompanied by, such diagrams, illustrations, and descriptive matter as the local planning authority thinks appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed by the

Committee, or as may in any particular case be specified in directions given by the Committee; and the diagrams, illustrations, and descriptive matter shall be treated as forming part of the plan.

(5)

(Deleted by Act A1129).

(6)

Without prejudice to the preceding provisions of this section, the local planning authority shall, if the Committee gives it a direction in that behalf in respect of a part of the area of the local planning authority for which a draft structure plan has been, or is in the course of being, prepared, as soon as practicable prepare for that part a draft local plan of such nature as may be specified in the direction.

(7)

Directions under subsection (6) may be given by the

Committee either before or after the draft structure plan comes into effect.

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(8)

In formulating its proposals in a draft local plan, the local planning authority shall secure that the proposals conform generally to the structure plan for the State as it stands for the time being, whether or not it has come into effect, and shall have regard to any information and other considerations that appear to it to be relevant, or that may be prescribed, or that the Committee may in any particular case direct it to take into account.

(9)

Before giving any direction under subsection (8) to a local planning authority, the Committee shall consult the local planning authority about the proposed direction.

Terms defined in s 2

Committee
Defined · s 2
“Committee” means the State Planning Committee established under section 4;
Open s 2
development
Defined · s 2
“development” means the carrying out of any building, engineering, mining, industrial, or other similar operation in, on, over, 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
Open s 2
land
Defined · s 2
“land” includes— (a) the surface, and all substances forming the surface, of the earth; (b) all substances below the surface of the earth; (c) all vegetation and other natural products, whether or not requiring periodical application of labour to their production, and whether on or below the surface of the earth; (d) all things, whether on or below the surface of the earth, that are attached to the earth or permanently fastened to any thing attached to the earth; (e) land covered by water; and (f) any estate or interest in, or right over, land;
Open s 2
local plan
Defined · s 2
“local plan”, in relation to an area, means the local plan for the area, and any alteration of the plan, for the time being having effect in the area by virtue of subsection 15(1); and, in relation to any land or building, means the local plan, as so defined, for the area in which the land or building is situated; and
Open s 2
local planning authority
Defined · s 2
“local planning authority”, in relation to an area, shall be construed as provided in section 5 and, in relation to any land or building, means the local planning authority, as so construed, for the area in which the land or building is situated;
Open s 2
plan
Defined · s 2
“plan” includes reports, drawings, maps and models;
Open s 2
structure plan
Defined · s 2
“structure plan”, in relation to an area, means the structure plan for the area, and any alteration of the plan, having effect in the area by virtue of subsection 10(6); and, in relation to any land or building, means the structure plan, as so defined, for the area in which the land or building is situated; and
Open s 2
use
Defined · s 2
“use”, in relation to any land, means any use of the land other than merely for the keeping or storage of materials and equipment intended to be employed in the construction or erection of a building on the land, or as a site for temporary buildings for the accommodation of workers involved in the construction or erection of the building;
Open s 2

Report

Read on from s 12A

Part IV

Planning Control

Read on from Part IV

Part V

Development Charge

Read on from Part V

Part VI

The Appeal Board

Read on from Part VI

Part VII

Purchase Notice and Acquisition of Land

Read on from Part VII

Part VIII

Development Areas

Read on from Part VIII

Part IX

Miscellaneous Provisions

Read on from Part IX