In forceUpdated to 1 Jun 2021Read it in Bahasa Malaysia

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Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part IV · Planning Control

21. Application for planning permission

(1)

An application for planning permission in respect of a development shall be made to the local planning authority and shall be in such form and shall contain such particulars and be accompanied by such documents, plans, and fees as may be prescribed.

(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within the specified period or extended period, the application for planning permission shall be deemed to have been withdrawn but the applicant may submit a fresh application.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.

Terms defined in s 2

building
Defined · s 2
“building” includes any house, hut, shed, or roofed enclosure, whether or not used as a human habitation, and any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, or bridge, and any structure, support, or foundation connected to or with any of those structures;
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
owner
Defined · s 2
“owner”, in relation to any land or building, means— (a) the registered proprietor of the land; (b) if, in the opinion of the local planning authority, the registered proprietor of the land cannot be traced, his agent or trustee; Town and Country Planning 15 (c) if the registered proprietor of the land is dead, his legal personal representative; (d) if none of the persons mentioned in paragraphs (a), (b), and (c) exists, the person who for the time being is receiving the rent of the land or building, whether on his own account or as an agent or trustee of another person or as a receiver, or who would be receiving the rent if the land or building were let;
Open s 2
plan
Defined · s 2
“plan” includes reports, drawings, maps and models;
Open s 2
planning permission
Defined · s 2
“planning permission” means permission granted, with or without condition, to carry out development;
Open s 2
road
Defined · s 2
“road” means any public or private road, and includes any street, square, court, alley, lane, bridge, footway, track, bridle-path, passage, or highway, whether a thoroughfare or not, over which the public have a right of way;
Open s 2

Report

Read on from s 21A

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