Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part III · Development Plans
15. Approval or rejection of draft local plans
Feedback & supportAfter the expiry of the period afforded for making objections to or representations in respect of a draft local plan or, if such objections or representations have been duly made during that period, after considering the objections or representations, the local planning authority shall submit the draft local plan or the draft local plan as modified so as to take account of the objections or representations or of any matters arising therefrom, to the Committee for its approval.
local plan
“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
The Committee may, after considering a draft local plan submitted to it, either approve it, in whole or in part and with or without modifications, or reject it.
Committee
“Committee” means the State Planning Committee established under section 4;
In considering the draft local plan, the Committee may take into account any matters that it thinks are relevant, whether or not they were taken into account in the plan as submitted or resubmitted to it.
The Committee shall submit the approved draft local plan to the State Authority for the assent of the State Authority, and upon the assent being given the plan shall come into effect.
(Deleted by Act A1129).
(Deleted by Act A1129).
The local planning authority shall cause the assent of the State
Authority to a draft local plan to be published in the State Gazette and in at least two local newspapers, one of which being in the national language, together with the marking by which the plan may be identified and a statement of the place where the plan may be inspected.
A local plan shall conform to the structure plan but if at any time after a local plan has come into effect there exists a difference in the provision between the local plan and the structure plan for the State, and the Committee is satisfied that this is due to the structure plan for the State being out of date, the Committee shall refer the difference to the State Authority for its decision.
structure plan
“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
40 Laws of Malaysia ACT 172
If the State Authority is satisfied that the difference is in fact due to the structure plan of the State being out of date, the State
Authority shall, by notification in the State Gazette, declare that the local plan shall prevail over the structure plan as regards to that particular provision.