Planning permission is prerequisite in development control process as it acts as one of the most significant and effective factors that determine the quality built environment and physical planning. This paper focuses on the temporary planning permission, which is a short-term approval and is only permissible for temporary use of land and buildings. The potential advantages of temporary planning permission have yet to be explored by the planning authorities in Malaysia. This study is aimed at exploring the implementation of the planning permission delivery process in controlling the development of land and building on a temporary basis. Thus, the objectives are intended to examine the process and procedure of temporary planning permission for urban development in relation to Act 172, to ascertain the role and function of the local planning authority, and reviewing the provision of law related to the temporary planning permission as in the Act 172. Comparative analysis between Act 172 (West Malaysia), Planning Act (Cap. 232) (Singapore) and Town and Country Planning Act 1990 (UK) in terms of decision making process has been made to explore the best practices in temporary planning permission. This study is anticipated toenhance the temporary planning permission delivery process and the development control system in Peninsular Malaysia.
It is apparent that the weakness in land reclamation development in Malacca includes the incapability of the existing laws in terms of guiding the delivery of development. Additionally, the lack of comprehensiveness of the present development plan causes the inefficiency of the planning procedures for development. The paper focuses on the power of planning authorities, related laws, as well as the development control instruments in relation with development within a reclamation area. This study will directly contribute to the efficiency administration and development control system to assist the State Government of Malacca towards systematic and efficient land reclamation developments.© 2016. The Authors. Published for AMER ABRA by e-International Publishing House, Ltd., UK. Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies, Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.Keywords: Planning administration; development plan; development control; coastal land reclamation
Abstract. Good urban governance administration system is the key to a successful physical planning development. A local authority of a local government concentrates on planning administration and executes the policies and strategies either the federal or state, or even the local's policies and strategies. Based on its characteristic as the lowest level of government, it becomes the best authority to regulate and monitor the development process within their territory. The significance of a local authority in providing quality living environment invites various academia and professionals to ponder the best urban governance system at a local level. However, there are issues with regards to financial and technical capacity of a local authority, its legal limitation and development instrument adopted in providing urban services for coastal reclamation area in Malaysia. The aim of this paper is to investigate the capability of local authorities in Malaysia in implementing their function as drawn by the legislation. Hence, this paper examines the roles and functions of a local authority as the lowest level of government administration agency in providing urban services; collecting revenue; safeguarding the physical environment in Malaysia, particularly when dealing with development in a coastal reclamation area. Primary data collection was gathered through face-to-face interview sessions involving government agencies and stakeholders. Legal documents, policies and development plans were then analysed to support the primary data for further understanding of the issues concerning the capacity of a local authority especially when providing urban services within its area. The study is expected to provide a new approach to local authorities in Malaysia in providing quality living environment in terms of development procedure, the role and function, legal empowerment, and decentralisation of function particularly in enhancing the current practices at local level.
Malaysia has been experiencing rapid development since its independence in 1957, which has transformed its economic base from agriculture to industry. Rapid urbanisation has, itself, led to the continued rise of economic growth, and an acceleration of neoliberal market values. In turn, these have (re)shaped Malaysia’s planning system. Certainly, planning systems have a role in contributing, often directly, to the country’s needs and aspirations, particularly in the decision-making process. This effort is evidenced by the improvement of the planning system’s delivery mechanism, known as One Stop Centre (OSC). The OSC was initiated by the Ministry of Urban Wellbeing, Housing and Local Government on the 13th of April, 2007 to improve the planning system delivery and procedures at all local planning authorities by coordinating and shortening the approval process. However, relatively little is known about the effectiveness of OSC in the property development sector. Hence, this paper presents a synthesis of results on the effectiveness of OSC in other countries, with the objective of developing an understanding of how OSC rationalizes the success of the property development sector through its policies and planning practices. The knowledge of these theoretical situations serves as a basis for future strategic planning decisions, and as a guide in the planning system delivery of real estate development, particularly in the Malaysian context.
Abstract.A Development Plan acts as a planning and controlling instrument that helps to guide in decision making of current and future development. Therefore, in the Malaysian Town and Country Planning Act 1976 (Act 172), the provision of development plan from each level of the planning administration is stated in the Act under Section 6B till Section 16B. In examining the significance of one of the many development plans in Malaysia, i.e. the local plan, this paper therefore, focuses on the provision of a local plan by the Local Planning Authority (LPA) of the said area. This paper, thus, aims to evaluate the Central Malacca Local Plan since Malacca is currently experiencing rapid growth in development along the coastal area. The primary data was obtained from interviews with the related planning authorities via face-to-face method. While, secondary data was gathered from related legal documents, policies and guidelines, as well as the existing development plan for the purpose of an in-depth data. Findings revealed incapability of the existing local plan to assist the development control in deciding the planning permission for reclaimed area. The existing local plan shows no zoning for coastal reclamation area because of the rapid growing development and time consuming procedure to amend the local plan according to the Act 172. In addition, the Act 172 and the process in amending the local plan should be more flexible and able to address the current issue efficiently. Finally, the paper concludes with a suggestion for further exploration in order to achieve an operative development process and functioning practice of the local plan.
Local plan is a document and written statement and supported by the proposal plan. In the content of the local plan, it includes sectoral, guideline, policy, existing land use, and projection. The objective of this paper is to evaluate whether the how adequate is the form of local plan in the application of local plan in the related local authority area and content of the local plan preparing process to meet the requirements of the (Act 172) by using the descriptive statistical analysis, and Mann-Whitney U-Test. The analysis indicated that the different form and content local plan prepared by the local authority influence the physical development in the urban area and adaptable environment as a catalyst to create a holistic development.
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