Town and Country Planning
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LAWS OF MALAYSIA
REPRINT
Act 172
TOWN AND COUNTRY
PLANNING ACT 1976
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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Laws of Malaysia
ACT 172
TOWN AND COUNTRY PLANNING ACT 1976
Date of Royal Assent
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18 March 1976
Date of publication in the Gazette ...
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25 March 1976
PREVIOUS REPRINTS
First Reprint
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1998
Second Reprint ...
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2001
Third Reprint
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2005
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LAWS OF MALAYSIA
Act 172
TOWN AND COUNTRY PLANNING ACT 1976
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title, application and commencement
2.
Interpretation
PART II
POLICY AND ADMINISTRATION
2A. National Physical Planning Council
2B. Director General of Town and Country Planning
3.
General planning policy
4.
The State Planning Committee and its functions
5.
Local planning authorities
6.
Functions of local planning authorities
PART IIA
REGIONAL PLANNING COMMITTEE
6A. Regional planning committee
PART IIB
NATIONAL PHYSICAL PLAN
6B. National physical plan
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PART III
DEVELOPMENT PLANS
Section
7.
Survey of planning areas
8.
Preparation of draft structure plans
9.
Publicity in connection with preparation of draft structure plans
10.
Approval or rejection of draft structure plans by Committee
11.
Review or alteration of structure plans
11A. Procedure for review of structure plan
11B. Procedure for alteration of structure plan
12.
Preparation of draft local plans
12A. Publicity in connection with preparation of draft local plan
13.
Publicity in connection with draft local plans
14.
Inquiries and hearings in respect of draft local plans
15.
Approval or rejection of draft local plans
16.
Alteration, revocation and replacement of local plans
16A. Preparation, etc., of local plan by State Director
16B. Special area plan
17.
Power to make rules
PART IV
PLANNING CONTROL
18.
Use of land and buildings
19.
Prohibition of development without planning permission
20.
Prohibition of development contrary to planning permission
20A. Duty to consult
21.
Application for planning permission
21A. Development proposal report
21B. Layout plans
21C. Preparation of plan, etc., by a qualified person
22.
Treatment of applications
23.
Appeal against decision of local planning authority
24.
Lapse of planning permission
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Section
25.
Revocation and modification of planning permission and approval of
building plans
26.
Offences relating to unauthorized development
27.
Enforcement in the case of contravention of section 19
28.
Enforcement in the case of contravention of section 20
29.
Enforcement in the case of development that is inconsistent with modified
planning permission or approval of building plan
30.
Requisition notice
31.
Execution by authorized person
31A. Inconsistency between building by-laws and development plan
PART V
DEVELOPMENT CHARGE
32.
Development charge and liability thereto
33.
Determination of development charge
34.
Payment of development charge
35.
Power to make rules
PART VA
TREE PRESERVATION ORDER
35A. Tree preservation order
35B. Tree preservation order not to be made if tree is already subjected to
conditions
35C. Appeal against tree preservation order, etc.
35D. Compensation under a tree preservation order
35E. Replacement of trees
35F. Local planning authority to replace tree if the person whose duty it is
to replace fails to do so
35G. Revocation of a tree preservation order
35H. Prohibition to fell, etc., tree with girth exceeding 0.8 metre
PART VI
THE APPEAL BOARD
36.
The Appeal Board
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PART VII
PURCHASE NOTICE AND ACQUISITION OF LAND
Section
37.
Notice requiring purchase of land in certain cases
PART VIII
DEVELOPMENT AREAS
38.
Declaration of development areas
39.
Effect of declaration
40.
Special provisions for compensation
41.
Local planning authority may employ agents, enter into arrangements
and establish corporations
42.
Power to borrow moneys
43.
Power to dispose of land and property
44.
Power to make rules
PART IX
MISCELLANEOUS PROVISIONS
45.
Power of entry
46.
Service of documents
47.
Authentication of documents
48.
Documentary proof
49.
Privilege from production of documents and appearing as witness
50.
Prosecution
51.
Jurisdiction of courts
52.
Penalty for interference with marks
52A. Offences by body corporate
53.
Public servants
54.
Public Authorities Protection Act
55.
Indemnity against claims in respect of damage or loss
56.
Application of Act 119 to local inquiry or hearing
57.
Exemption from fees and charges
58.
Power to make rules
59.
Repeal of existing planning laws
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LAWS OF MALAYSIA
Act 172
TOWN AND COUNTRY PLANNING ACT 1976
An Act for the proper control and regulation of town and country
planning in Peninsular Malaysia and for purposes connected therewith
or ancillary thereto.
[See Appendix]
WHEREAS it is expedient for the purpose of ensuring uniformity of
law and policy to make a law for the proper control and regulation
of town and country planning in Peninsular Malaysia:
AND WHEREAS it is also expedient that provisions be made to
confer executive authority on the Federation over certain matters
in relation to the control and regulation of town and country planning:
NOW, THEREFORE, pursuant to Clause (1) of Article 74, Clause (4)
of Article 76 and Clause (2) of Article 80 of the Constitution, BE
IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong
with the advice and consent of the Dewan Negara and Dewan
Rakyat in Parliament assembled, and by the authority of the same,
as follows:
PART I
PRELIMINARY
Short title, application and commencement
1. (1) This Act may be cited as the Town and Country Planning
Act 1976 and shall apply in Peninsular Malaysia.
(2) Subject to subsection (3), this Act shall come into operation
in a State on a date to be appointed by the State Authority, with
the concurrence of the Minister, by notification in the State Gazette*.
*NOTE--See Appendix.
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(3) The State Authority may bring this Act into operation in any
manner the State Authority thinks most advantageous, convenient,
expedient, or practicable, whether by appointing different dates
for different provisions of this Act, by appointing different dates
for different local authority areas or parts thereof, by bringing a
provision into operation generally in the State and at the same time
declaring that, for or until such time as may be specified, the
provision shall or shall not apply to or in relation to a local
planning authority or the area or any part of the area of a local
planning authority to such extent only as may be specified, or in
any other manner.
Interpretation
2. (1) In this Act, unless the context otherwise requires--
"agriculture" includes horticulture, farming, the growing of crops,
fruits, vegetables, or trees, the growing of plants for use as fodder,
dairy farming, the breeding and keeping of livestock, fish, or bees,
and the use of land for purposes ancillary to any of those activities
or to any other agricultural activities; but does not include the use
of land as a garden to be enjoyed together with a building attached
to the land; and "agricultural" shall be construed accordingly;
"amenities" means such quality or condition of a place or area
as contributes to its pleasantness, harmony and better enjoyment,
and includes open spaces, parks, recreation grounds, and playgrounds;
"Appeal Board" means the Appeal Board constituted under section
36;
"authorized person", in relation to any provision, means a person
designated in writing by the local planning authority to be an
authorized person for the purposes of that provision;
"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;
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"building operation" means the demolition, erection, re-erection,
or extension of a building or part thereof and includes--
(a) any increasing of the height or floor area of a building;
(b) the roofing or re-roofing of a building or part thereof;
(c) any addition to or alteration of a building that affects or
is likely to affect its drainage or sanitary arrangements
or its soundness;
(d) any addition to or alteration of a building, whether done
before or after completion of the building, that departs
in any manner from any plan or specification in respect
of the building approved at any time by any authority
empowered under any written law to approve the plan or
specification;
(e) any addition to or alteration of a building that materially
affects or is likely to materially affect the building in any
manner; and
(f) any other operation normally undertaken by a person
carrying on the business of building construction;
"Committee" means the State Planning Committee established
under section 4;
" C o u n c i l " means the National Physical Planning Council
established under section 2A;
"density" means the intensity of use of land reckoned or expressed
in terms of the number of persons, dwelling units, or habitable
rooms, or any combination of those factors, per unit area of land;
and for the purpose of this definition, "habitable room" does not
include a kitchen, storeroom, utility room, lavatory, bathroom, or
garage;
"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 "develop" shall be construed accordingly;
"development area" means a development area declared under
subsection 38(1);
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"development charge" means the development charge referred
to in section 32;
"development plan", in relation to an area, means--
(a) the local plan for the area; or
(b) if there is no local plan for the area, the structure plan
for the area,
and, in relation to any land or building, means the development
plan, as so defined, for the area in which the land or building is
situated;
"development proposal report" means the report required to be
submitted by an applicant for planning permission under subsection
21A(1);
"Director General of Town and Country Planning" means the
Director General of Town and Country Planning whose functions
are set out primarily in section 2B;
"earthworks" includes any act of excavation, levelling, filling
with any material, or felling of trees on any land, or any act of
dealing with or disturbing any land;
"engineering operation" includes the formation or levelling of
land, the formation or laying out of means of access to a road, and
the laying out of cables, mains, or means of water supply or
drainage;
"felling a tree" includes cutting down, topping, lopping, uprooting,
damaging or destroying a tree;
"floor area" means the total area of floor space within a building,
as measured between the external sides of walls or, in the case of
party walls, between the centres of such walls;
"land" includes--
(a) the surface, and all substances forming the surface, of the
earth;
(b) all substances below the surface of the earth;
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(c) all vegetation and other natural products, whether or not
r e q u i r i n g 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;
"local authority" means any city council, municipal council,
municipality, district council, town council, town board, local council,
rural board, or other similar authority established by or under any
written law;
"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 "draft local
plan" shall be construed as the context requires;
"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;
"Minister" means the Minister responsible for town and country
planning;
"national physical plan" means the physical plan covering
Peninsular Malaysia prepared and approved under section 6B;
"occupier", in relation to any land or building, includes--
(a) a tenant of the land or building;
(b) an owner of the land or building occupying or otherwise
using the land or building;
(c) a person in actual occupation of the land or building or
having the charge, management, or control thereof, whether
on his own account or as an agent of another person,
but does not include a lodger;
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"open space" means any land whether enclosed or not which is
laid out or reserved for laying out wholly or partly as a public
garden, park, sports and recreation ground, pleasure ground, walk
or as a public place;
"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;
(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;
"plan" includes reports, drawings, maps and models;
"planning permission" means permission granted, with or without
condition, to carry out development;
"plinth area" means the proportion to be covered by building of
the area of any lot;
"plot ratio" means the ratio of the total floor area of a building
to the area of the building plot as measured between the survey
boundary lines or, if there are no survey boundary lines, between
the provisional boundary lines;
"prescribe" means prescribe by rules;
" p u r c h a s e notice" means a purchase notice referred to in
section 37;
"regional planning committee", in relation to an area, means the
r e g i o n a l planning committee established for that area under
section 6A;
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"requisition notice" means a requisition notice referred to in
section 30;
"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;
"rules" means rules made under this Act;
"special area" means the area designated under section 16B;
"State Director", in relation to a State, means the Director of
Town and Country Planning Department of that State;
"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 "draft structure plan"
shall be construed as the context requires;
"tree preservation order" means a tree preservation order made
under section 35A;
"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;
"utilities" includes roads, water and electricity supplies, street
lighting, sewerage, drainage, public works, and other similar public
services and conveniences.
(2) For the avoidance of doubt in determining, for the purposes
of this Act, what constitutes a material change in the use of land,
it is declared that--
(a) the use of land as a place for depositing refuse or waste
materials involves a material change in the use of the
land, notwithstanding that the land is comprised in a site
already used for that purpose, if the superficial area or
the height of the deposit is thereby materially extended;
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(b) any use of land or part thereof that contravenes or is
inconsistent with or contrary to any provision of the
development plan involves a material change in the use
of the land.
(3) For the avoidance of doubt in determining, for the purposes
of this Act, what constitutes a material change in the use of a
building, it is declared that--
(a) any increase in the number of units in a building to more
than the number originally approved by any authority
empowered under any written law to give the approval
involves a material change in the use of the building;
(b) the use as a dwelling-house of a building not originally
constructed for human habitation involves a material change
in the use of the building;
(c) any alteration or addition to that part of the building,
whether in the interior or attached to the exterior of the
building, that abuts upon any regular line of street as
prescribed by or defined in any written law relating to
buildings involves a material change in the use of the
building;
(d) any use of a building or part thereof that contravenes or
is inconsistent with or contrary to any provision of the
development plan involves a material change in the use
of the building;
(e) the use for other purposes of a building or part thereof
originally constructed as a dwelling-house involves a
material change in the use of the building.
PART II
POLICY AND ADMINISTRATION
National Physical Planning Council
2A. (1) There shall be established a National Physical Planning
Council consisting of--
(a) a Chairman, being the Prime Minister;
(b) a Deputy Chairman, being the Deputy Prime Minister;
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(c) the Minister;
(d) the Minister responsible for housing and local government,
if he is not also the Minister responsible for town and
country planning;
(e) the Minister of Finance;
(f) the Minister responsible for land;
(g) the Menteri Besar or Chief Minister of every State;
(h) the Minister responsible for the Federal Territory; and
(i) not more than seven other members to be appointed by
the Chairman.
(2) The functions of the National Physical Planning Council
shall be--
(a) to promote in the country, within the framework of the
national policy, town and country planning as an effective
and efficient instrument for the improvement of the physical
environment and towards the achievement of sustainable
development in the country;
(b) to advise the Federal Government or the Government of
any State, on matters relating to the town and country
planning required under this Act; and
(c) to perform any other functions conferred upon the Council
under this Act.
(3) The Council may from time to time give the Director General
of Town and Country Planning directions which are consistent
with the provisions of this Act, and the Director General of Town
and Country Planning shall give effect to such directions.
(4) The Council may perform any other functions that are incidental
or consequential to any of the functions specified in subsection (2)
and do all such things as may be necessary or expedient for carrying
out its functions under this Act.
(5) The Council shall meet once during every four months in
a year and shall, in addition, meet as and when a meeting is
convened by the Chairman.
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(6) The Council shall determine its own procedure.
Director General of Town and Country Planning
2B. (1) There shall be a Director General of Town and Country
Planning whose functions shall be--
(a) to conduct, promote and co-ordinate research in relation
to any aspect of town and country planning;
(b) to publish reports, bulletins, statistics, monographs and
other publications relating to town and country planning
and its methodology;
(c) to provide information and education to the public regarding
town and country planning;
(d) to report to and advise the Council upon matters concerning
the use of town and country planning in the conservation,
use and development of lands in the country and upon
any amendments he thinks desirable to any law affecting
town and country planning and upon any matters referred
to him by the Council;
(e) to establish and maintain liaison and co-operation with
each of the State Authorities with respect to town and
country planning.
(2) The Director General of Town and Country Planning shall
be the Secretary of the Council.
General planning policy
3. Subject to Clauses (5) and (6) of Article 91 of the Constitution,
the State Authority shall be responsible for the general policy in
respect of the planning of the development and use of all lands and
buildings within the area of every local authority in the State; and
the State Authority may, in or for the purpose of discharging the
responsibility of the State Authority under this section, from time
to time give to the Committee or any local planning authority
directions of a general character not inconsistent with the provision
of this Act, and the Committee or local planning authority shall
give effect to such directions.
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The State Planning Committee and its functions
4. (1) There shall be established for the State a State Planning
Committee consisting of--
(a) a Chairman, being the Menteri Besar or Chief Minister
of the State;
(b) a Deputy Chairman, being a member of the State Executive
Council, to be appointed by the State Authority;
(ba) not more than three members to be appointed by the State
Authority from amongst the members of the State Executive
Council, at least one of whom shall be the member
responsible for and whose portfolio is related to town
and country planning in the State;
(c) the State Secretary;
(d) the State Director, who shall be the Secretary of the
Committee;
(e) the State Director of Lands and Mines;
(f) the Director of the State Economic Planning Unit or an
officer responsible for such affairs in the State;
(g) the State Director of Public Works;
(h) the State Legal Adviser;
(ha) the State Financial Officer;
(hb) the State Development Officer or an officer responsible
for such affairs in the State;
(hc) the State Director of Environment or an officer responsible
for such affairs in the State; and
(i) not more than four other members to be appointed by the
State Authority.
(2) A member of the Committee appointed under paragraph
(1)(b) or (i) shall, unless he sooner resigns his office or his
appointment is sooner revoked, hold office for such period as may
be specified in his instrument of appointment but shall be eligible
for reappointment.
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(3) A member of the Committee who is not a member of the
public service may be paid such allowances as the State Authority
may approve.
(4) The functions of the Committee shall be--
(a) to promote in the State, within the framework of the
national policy, the conservation, use and development
of all lands in the State;
(aa) to regulate, control, plan and co-ordinate all development
activities in the State;
(b) to advise the State Government, either on its own initiative
or in response to a request by the State Government, on
matters relating to the conservation, use and development
of land in the State; and
(c) to undertake, assist in and encourage the collection,
maintenance and publication of statistics, bulletins and
monographs and other publications relating to town and
country planning and its methodology.
(5) The Committee may from time to time give to any local
planning authority directions not inconsistent with the provisions
of this Act and the local planning authority shall give effect to
such directions.
(6) The Committee may perform any other functions that are
supplemental, incidental, or consequential to any of the functions
specified in subsection (4) and do all such things as may be necessary
or expedient for carrying out its functions under this Act.
(7) The Committee may cause a local inquiry or hearing to be
held in or for the purpose of exercising any of its functions under
this Act.
(8) The State Director of Town and Country Planning shall be
the principal adviser to the Committee on matters relating to town
and country planning and, as Secretary of the Committee, shall be
responsible for carrying out the decisions and implementing the
policies of the Committee; and in or for the purpose of discharging
his functions under this subsection, he may draw upon the financial,
manpower and other resources of his department.
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Local planning authorities
*5. (1) Every local authority shall be the local planning authority
for the area of the local authority.
**(2) For any area in the State that does not form part of the
area of any local authority, the State Director shall be the local
planning authority, and references to the "local planning authority"
in this Act shall be deemed to include the State Director whenever
he performs the functions of the local planning authority in relation
to that area.
(3) (Deleted by Act A1129).
(4) A local planning authority shall furnish the Committee with
such returns and information relating to its activities as the Committee
may from time to time require.
Functions of local planning authorities
6. (1) The functions of a local planning authority shall be--
(a) to regulate, control and plan the development and use of
all lands and buildings within its area;
(b) to undertake, assist in, and encourage the collection,
maintenance, and publication of statistics, bulletins, and
monographs, and other publications relating to town and
country planning and its methodology; and
(c) to perform such other functions as the State Authority or
the Committee may from time to time assign to it.
(2) A local planning authority may perform any other functions
that are supplemental, incidental, or consequential to any of the
functions specified in subsection (1) and do all such things as may
be necessary or expedient for carrying out its functions under this
Act.
*NOTE--The amendment of this section vide Act A1129 shall not affect any pending application
for planning permission in respect of a development or any appeal against the refusal of the local
planning authority to grant planning permission or against any condition imposed under subsection
22(3) of this Act--see section 38 of Act A1129.
**NOTE--This subsection does not apply to the Sates of Kelantan and Terengganu--see Kn. P.U.
34/2003 and Tr. G.N. 54/2003.
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ACT 172
PART IIA
REGIONAL PLANNING COMMITTEE
Regional planning committee
*6A. (1) The Council may from time to time, after consultation
with the State Authorities concerned, establish a regional planning
committee for a region which consists of an area situated in two
or more States.
(2) For the purpose of subsection (1), the Minister shall cause
the fact of the establishment of a regional planning committee to
be published in the Gazette together with the marking by which
the boundary of the region for which the committee is established
may be identified.
(3) The regional planning committee shall consist of--
(a) a Chairman, who is appointed by the Prime Minister;
(b) six persons representing the Federal Government, at least
four of whom shall be public officers, appointed by the
Minister;
(c) not more than four persons representing the Government
of each of the States within the region, appointed by the
State Authority, one of whom shall be the State Director;
and
(d) the President of every local planning authority within the
region if such authority is a local authority.
(4) There shall be a Secretary for the regional planning committee
to be appointed by the Director General of Town and Country
Planning.
(5) The functions of the regional planning committee shall be--
(a) to advise and assist the State Planning Committees and
the local planning authorities within the region pertaining
to the development plans appropriate for the region, in
accordance with the national policy;
*NOTE--This section does not apply to the State of Terengganu­see Tr. G.N. 54/2003.
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(b) to establish policies and to devise a comprehensive regional
plan to guide and co-ordinate development of the region;
(c) to plan and co-ordinate the provision of infrastructure
and facilities for the region;
(d) to establish uniform process and procedures to be used
by the Federal Government and the State Governments
and local authorities concerned for the region;
(e) to monitor the implementation of standards, guidelines
and procedures in facilitating the development of the
region; and
(f) to conduct research required for the planning of the region.
(6) The regional planning committee shall furnish the Council
or Committee with such returns, reports and information relating
to its activities as the Council or Committee may from time to time
require.
(7) The regional planning committee shall determine its own
procedure.
PART IIB
NATIONAL PHYSICAL PLAN
National physical plan
6B. (1) The Director General of Town and Country Planning shall,
upon the direction of the Council, prepare and submit to the Council
for its approval a draft national physical plan which covers Peninsular
Malaysia.
(2) The draft national physical plan shall--
(a) be a written statement formulating strategic policies for
the purpose of determining the general directions and
trends of the physical development of the nation;
(b) be accompanied by such indicative plans as may be required
to clarify the strategic policies; and
(c) contain such other matters as may be prescribed or as the
Council may in any particular case specify.
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(3) W h e n preparing the draft national physical plan and
determining its contents for submission to the Council, the Director
General of Town and Country Planning shall take into consideration
the current national urbanization policy or other similar policies
and shall consult with every State Authority and such other authorities
or bodies as the Council may direct.
(4) The national physical plan shall be reviewed every five
years in tandem with the review of the National Five Year
Development Plans, or as and when directed by the Council.
(5) It shall be the general duty of the Federal Government and
the Government of every State to assist in ensuring that the objectives
of the national physical plan are achieved.
(6) The Director General of Town and Country Planning shall
periodically report to the Council on the implementation of the
national physical plan, or as and when directed by the Council.
PART III
DEVELOPMENT PLANS
Survey of planning areas
7. (1) The State Director shall, in so far as he has not already
done so, institute a survey of the State, examining the matters that
may be expected to affect the development, or the planning of the
development, of the State, and shall in any event keep all those
matters under review.
(2) Notwithstanding that the State Director has carried out his
duty under subsection (1), he may, if he thinks fit, and shall, if
directed to do so by the Council or Committee, institute a fresh
survey of the whole State, examining the matters mentioned in that
subsection.
(3) Without prejudice to the generality of subsections (1) and
(2), the matters to be examined and kept under review under those
subsections shall include--
(a) the principal physical, economic, environmental, and social
characteristics, including the principal land uses, of the
State and, so far as they may be expected to affect the
State, those of the neighbouring areas;
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(aa) the national physical plan and other principal economic,
social, physical and environmental management and
conservation policies of the nation;
(b) the size, composition, and distribution of the population
of the State, whether resident or not;
(c) without prejudice to paragraph (a), the communications,
transport system, and traffic of the State and, so far as
they may be expected to affect the State, those of the
neighbouring areas;
(d) any matters not mentioned in any of the preceding
paragraphs that may be expected to affect any matters so
mentioned;
(e) such other matters as may be prescribed or as the Council
or Committee may in any particular case specify; and
(f) any changes already projected in any of the matters
mentioned in any of the preceding paragraphs and the
effect that those changes are likely to have on the
development, or the planning of the development, of the
State.
(4) The State Director shall, for the purpose of discharging his
functions under this section, consult with the State Director of any
other State about matters relating to the area of that other State
that may be expected to affect the development or the planning of
the development of the State in respect of which the survey is
instituted under this section.
(5) Subsection (1) shall, as respects any period during which
this section is in operation in part only of the State, be construed
as requiring the State Director to institute a survey of, and to keep
under review, matters affecting that part of the State only; and
subsection (2) shall, whether or not this section is in operation in
the whole of the State, have effect as if the power thereby conferred
included power for the State Director to institute, and for the
Council or Committee to direct him to institute, a fresh survey of
part of the State only; and references in subsection (3) to the State
or the neighbouring areas shall be construed accordingly.
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Preparation of draft structure plans
8. (1) The State Director shall, within such period as the Council
or Committee may specify, prepare and submit to the Committee
a report of his survey under section 7 and at the same time prepare
and submit to the Committee for its approval a draft structure plan
complying with subsection (3) for the State.
(2) The report shall include an estimate of any changes likely
to occur, during such period as the Council or Committee may
specify, in the matters mentioned in subsection 7(3); and different
periods may be specified in relation to different matters.
(3) The draft structure plan for the State shall be a written
statement--
(a) formulating the policy and general proposals of the State
Authority in respect of the development and use of land
in that State, including measures for the improvement of
the physical living environment, the improvement of
c o m m u n i c a t i o n s , the management of traffic, the
i m p r o v e m e n t of socio-economic well-being and the
p r o m o t i o n of economic growth, and for facilitating
sustainable development;
(b) stating the relationship of those proposals to general
proposals for the development and use of land in the
neighbouring areas that may be expected to affect that
area; and
(c) containing such other matters as may be prescribed or as
the Council or Committee may in any particular case
specify.
(4) In formulating the policy and general proposals under
paragraph (3)(a), the State Director shall secure that the policy and
proposals are justified by the results of his survey under section
7 and by any other information that he may obtain, and shall have
regard--
(a) to current policies in respect of the social and economic
planning and development and the environmental protection
of the State and the nation;
(b) to the resources likely to be available for the carrying out
of the proposals of the structure plan; and
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(c) to such other matters as the Council or Committee may
direct him to take into account.
(5) (Deleted by Act A1129).
(6) A draft structure plan for an area shall contain or be
accompanied by such diagrams, illustrations, and descriptive matter
as the State Director thinks appropriate for the purpose of explaining
or illustrating the proposals in the plan, or as may be prescribed,
or as may in any particular case be specified in directions given
by the Council or Committee; and the diagrams, illustrations, and
descriptive matter shall be treated as forming part of the plan.
(7) At any time before the Committee has under section 10
approved a structure plan in respect of the whole of the area of
the State, the State Director may, with the consent of the Committee,
and shall, if so directed by it, prepare and submit to the Committee
for its approval a draft structure plan relating to part of that area;
and where the Committee has given consent or direction for the
preparation of a draft structure plan for part of that area, references
in this Part to that area shall, in relation to a draft structure plan,
be construed as including references to part of that area.
Publicity in connection with preparation of draft structure
plans
9. (1) When preparing a draft structure plan for the State and
finally determining its content for submission to the Committee,
the State Director shall take such steps as will in his opinion
secure--
(a) that publicity is given in the State to the report of the
survey under section 7 and to the matters that he proposes
to include in the plan; and
(b) that persons who may be expected to desire an opportunity
of making representations to the State Director in respect
of those matters are made aware that they are entitled to,
and are given, an opportunity of doing so,
and the State Director shall consider every representation made
within the prescribed period to him.
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(2) As soon as practicable after a draft structure plan has been
submitted to the Committee, the State Director shall--
(a) publish, in three issues of at least two local newspapers,
one of which being in the national language, a notice
stating that copies of the plan are available for inspection
at the office of the State Director and at such other places
as he may determine and the time within which objections
to the plan may be made to the Committee; and
(b) make copies of the plan available for inspection at the
places stated in the notice; and each copy shall be
accompanied by a statement of the time, as stated in the
notice, within which objections to the plan may be made
to the Committee.
(3) The time within which objections to the draft structure plan
may be made shall be not less than one month from the date of
the first appearance of the notice under paragraph (2)(a) in a local
newspaper in the national language, and any time stated in the
notice may be extended once by the State Director by not more
than one month in favour of any particular objector.
(4) A draft structure plan submitted by the State Director to the
Committee for its approval shall be accompanied by a statement
containing such particulars, if any, as may be prescribed--
(a) of the steps that the State Director's has taken to comply
with subsection (1); and
(b) of the State Director's consultations with, and consideration
of the views of, other persons in respect of the matters
included, or originally proposed to be included, in the
plan.
(5) If, after considering the statement submitted with, and the
matters included in, the draft structure plan and any other information
provided by the State Director, the Committee is satisfied that the
purposes of paragraphs (1)(a) and (b) have been adequately achieved
by the steps taken by the State Director in compliance with that
paragraph, it shall proceed to consider whether to approve the
structure plan; and if it is not so satisfied, it shall return the plan
to the State Director and direct him--
(a) to take such further action as the Committee may specify
in order better to achieve those purposes; and
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(b) after doing so, to resubmit the plan with such modifications,
if any, as the State Director then considers appropriate
and, if so required by the direction, to do so within a
specified period,
but the Committee shall not return the plan or give such direction
if three months have elapsed since the State Director submitted the
plan to the Committee.
(6) If the Committee returns the draft structure plan to the State
Director under subsection (5), it shall inform the State Director of
its reasons for doing so and, if any person has made to the Committee
any objection to the plan, it shall also inform that person that it
has returned the plan.
(7) If the State Director is given directions by the Committee
under subsection (5), he shall forthwith withdraw the copies of the
plan made available for inspection as required by subsection (2)
and shall publish the fact of withdrawal in three issues of at least
two local newspapers, one of which being in the national language.
(8) Subsections (2) to (7) shall apply, with the necessary
modifications, in relation to a draft structure plan resubmitted to
the Committee in accordance with directions given by it under
subsection (5) as they apply in relation to the plan as originally
submitted.
Approval or rejection of draft structure plans by Committee
10. (1) The Committee may, after considering a draft structure
plan submitted or resubmitted to it, either approve it, in whole or
in part and with or without modifications or reservations, or reject
it.
(2) In considering the draft structure 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.
(3) If, on taking the draft structure plan into consideration, the
Committee does not determine then to reject it, it shall, before
determining whether or not to approve it--
(a) consider any objections to the plan, so far as they are
made in accordance with rules made under section 17;
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(b) afford to the persons whose objections so made are not
withdrawn, an opportunity of appearing before, and being
heard by, a subcommittee appointed by the Committee,
and consisting of four members of the Committee, one
of whom shall be appointed chairman of the subcommittee;
and
(c) if a local inquiry or other hearing is held, also afford the
like opportunity to the State Director and such other
persons as the Committee thinks fit.
(4) Without prejudice to subsection (3), in considering a draft
structure plan, the Committee--
(a) shall consult with the Council for its direction and advice;
and
(b) may consult with, or consider the views of, any other
authority or any other persons but shall not be under any
obligation to consult with, or consider the views of, any
other authority or any other persons or, except as provided
by that subsection, to afford an opportunity for the making
of any objections or other representations, or to cause a
local inquiry or other hearing to be held.
(5) If the Committee has failed or neglected to approve or reject
a draft structure plan within six months of its submission to the
Committee, the State Director may refer the draft structure plan
to the Council for decision thereon.
(6) Upon approving a draft structure plan, the Committee shall
submit it to the State Authority for the assent of the State Authority
to the plan, and upon the assent being given, the plan shall come
into effect.
(7) The Committee shall cause the fact of assent of the State
Authority to a draft structure 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.
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Review or alteration of structure plans
11. (1) A structure plan that has come into effect shall be subjected
to review every five years in tandem with the preparation of the
State's five-year development plans, and the review shall relate to
the whole of the State.
(2) Notwithstanding subsection (1), after a structure plan for a
State has come into effect, the State Director may submit to the
Committee and shall, if so directed by the Committee, submit to
it, within a period specified in the direction, proposals for such
review or alterations to the plan as appear to the State Director to
be expedient or as the Committee may direct, as the case may be,
and the proposals may relate to the whole or to part of the State.
Procedure for review of structure plan
11A.  If it is decided under section 11 that a review of the structure
plan for a State is to be held, the State Director shall submit to
the Committee a report of the results of his review of the relevant
matters under section 7 together with any other information on
which the proposals are based, and sections 9 and 10 shall apply,
with the necessary modifications, in relation to the proposals as
they apply in relation to the structure plan.
Procedure for alteration of structure plan
11B. (1) If it is decided under section 11 that an alteration is to
be made on the structure plan for the State, the State Director shall
prepare and submit to the Committee proposals for such alterations.
(2) In formulating the proposals for such alterations, the State
Director shall have regard to such matters as the Council or Committee
may direct.
(3) The State Director shall submit the structure plan in which
the proposed alterations have been incorporated to the Committee
and at the same time publish a notice in at least two local newspapers,
one of which being in the national language, stating that copies
of the plan are available for inspection and that objections may be
made within a period of one month from the date of such publication.
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(4) The Committee shall appoint a subcommittee consisting of
four members of the Committee, one of whom shall be appointed
chairman of the subcommittee, and the sub-committee shall hear
every objection made in accordance with the rules made under
section 17.
(5) The Committee shall then consider the proposed alteration
to the structure plan, and either approve it, in whole or in part and
with or without modifications, or reject it.
(6) The Committee shall submit the approved altered structure
plan to the State Authority for the assent of the State Authority
to the plan, and upon the assent being given, the altered structure
plan shall come into effect.
(7) The Committee shall cause the fact of the assent of the State
Authority to the altered structure plan to be published in the State
Gazette.
Preparation of draft local plans
12. (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;
(iv) the preservation of the natural topography of;
(v) the improvement of the landscape of;
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(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.
(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.
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Publicity in connection with preparation of draft local plan
12A.  Before commencing the preparation of a local plan, the
local planning authority shall take such steps as will in its opinion
secure--
(a) that publicity is given in its area to the draft local plan
that will be prepared, its objectives and the purpose for
its preparation, and matters that the local planning authority
proposes to include in the plan;
(b) that persons who may be expected to desire an opportunity
of making representations to the local planning authority
in respect of those matters are made aware that they are
entitled to, and are given, an opportunity of doing so.
Publicity in connection with draft local plans
13. (1) When the local planning authority has prepared a draft
local plan, it shall, before adopting it under subsection 15(1), but
not before the structure plan, so far as it applies to the area of the
draft local plan, comes into effect, and subject to subsection (2),
make copies of the draft local plan available for inspection at its
office and at such other places as it may determine; and each copy
made available for inspection shall be accompanied by a statement
of the time, as stated in the notice published under subsection (2),
within which objections to or representations in respect of the
draft local plan may be made to the local planning authority.
(2) Before making copies of a draft local plan available for
inspection under subsection (1), the local planning authority shall
publish, in three issues of at least two local newspapers, one of
which being in the national language, a notice stating the date on
which copies of the draft local plan will begin to be available for
inspection, the places where they will be available for inspection,
and the time, which shall not be less than four weeks from the date
on which copies of the draft local plan begin to be available for
inspection, within which objections to or representations in respect
of the draft local plan may be made to the local planning authority.
(3) The time stated in the notice under subsection (2) for the
making of objections to or representations in respect of the draft
local plan may be extended once by the local planning authority
by not more than four weeks on the application of any person.
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Inquiries and hearings in respect of draft local plans
1 4 . ( 1 ) F o r the purpose of considering objections to and
representations in respect of a draft local plan, the local planning
authority may cause a local inquiry or other hearing to be held by
a committee of three persons appointed by the State Planning
Committee.
(2) The State Authority may by rules--
(a) m a k e provision in respect of the appointment and
qualifications for appointment of persons to hold a local
inquiry or other hearing under subsection (1);
(b) m a k e provision in respect of the remuneration and
allowances of persons appointed to hold a local inquiry
or other hearing under that subsection.
Approval or rejection of draft local plans
15. (1) After 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.
(1A) 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.
(1B) 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.
(1C) 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.
(2) (Deleted by Act A1129).
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ACT 172
(3) (Deleted by Act A1129).
(4) 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.
(5) 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.
(6) 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.
Alteration, revocation and replacement of local plans
16. (1) The local planning authority may at any time make proposals
for the alteration, revocation, or replacement of a local plan.
(2) Without prejudice to subsection (1), the local planning authority
shall, if the Committee gives it a direction in that behalf in respect
of a local plan, as soon as practicable prepare proposals of a kind
specified in the direction, being proposals for the alteration,
revocation, or replacement of the plan.
(3) Subsections 12(8) and (9), and sections 13, 14 and 15, shall
apply in relation to the making of proposals for the alteration,
revocation, or replacement of a local plan under this section and
to any consequent alteration, revocation, or replacement of the
plan, as they apply in relation to the preparation of a draft local
p l a n under section 12 and to a draft local plan prepared
thereunder.
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Preparation, etc., of local plan by State Director
16A. (1) If the Committee is satisfied that a local planning authority
has failed to take steps to prepare a local plan or proposals for the
alteration, revocation or replacement of a local plan, the Committee
may direct the State Director to prepare the plan or proposals and
the expenses incurred in connection with such preparations shall
be payable by the local planning authority to the State Director.
(2) Sections 12, 13, 14, 15 and 16 shall apply in relation to the
preparation of a local plan or the making of proposals for the
alteration, revocation or replacement of a local plan under this
section.
Special area plan
16B. (1) At any time during the preparation or upon the coming
into effect of a structure plan or a local plan, a State Director or
a local planning authority, on his or its own initiative or as directed
by the Committee, may submit to the Committee a proposal for
the designation of a special area for special and detailed treatment
by development, redevelopment, improvement, conservation or
management practice, or partly by one and partly by another method,
of the whole or part of such special area, and the nature of the
treatment proposed.
(2) For the purposes of subsection (1), the Committee shall
determine whether it is the State Director or the local planning
authority who shall have the responsibility of preparing a plan for
the special area.
(3) For the purposes of subsection (2), the plan for a special
area shall be prepared in the same manner as the preparation of
a local plan, but there shall be incorporated in such plan detailed
guidance for its implementation and management, and the plan
shall have the effect of a local plan.
Power to make rules
17.  The State Authority may make rules for the better carrying
out of the purposes of this Part or for prescribing anything that
may be, or is required to be, prescribed under this Part.
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ACT 172
PART IV
PLANNING CONTROL
Use of land and buildings
18. (1) No person shall use or permit to be used any land or
building otherwise than in conformity with the local plan.
(2) Subsection (1) shall not apply to the use of any land or
building for the purposes described in paragraph 19(2)(d).
(3) Subsection (1) shall not affect the continuance of the use
of any land or building for the purposes for which and to the extent
to which it was lawfully being used prior to the date when a local
plan first came into effect in the area concerned or, where there
has been a change of local plans or in a local plan, the date when
the change became effective.
Prohibition of development without planning permission
19. (1) No person, other than a local authority, shall commence,
undertake, or carry out any development unless planning permission
in respect of the development has been granted to him under
section 22 or extended under subsection 24(3).
(2) Notwithstanding subsection (1), no planning permission shall
be necessary--
(a) for the carrying out of such works as are necessary for
the maintenance, improvement, or other alteration of a
building, being works that affect only the interior of the
building and do not--
(i) involve any change in the use of the building or the
land to which it is attached;
(ii) materially affect the external appearance of the
building;
(iii) involve any increase in the height or floor area of
the building;
(iv) involve any addition to or alteration of a building
that affects or is likely to affect its drainage, sanitary
arrangements, or its soundness; or
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(v) contravene or involve or result in any inconsistency
with any provision in the local plan;
(b) for the carrying out by any authority established by law
to provide utilities of any works for the purpose of laying,
inspecting, repairing, or renewing any drains, sewers,
mains, pipes, cables, or other apparatus, or for the purpose
of maintaining or repairing roads, including the breaking
open of any road or ground for those purposes;
(c) for any excavation, including excavation of or for wells,
made in the ordinary course of agricultural operations in
areas zoned for agriculture;
(d) for the use of any land or building for a period not
exceeding one month or such further period as the local
planning authority may allow for purposes of--
(i) a temporary or mobile cinema, theatre, or show;
(ii) a temporary amusement park, fair, or exhibition; or
(iii) a temporary ceremony or festivity of a religious,
social, or other character,
and for any development necessary to give effect to such
use;
(e) for the construction or erection on any land of temporary
buildings for the accommodation of workers involved in
the construction or erection of a building on the land, for
which planning permission has been granted;
(f) for the use of any land or building within the curtilage
of a dwelling-house for any purpose incidental to the
enjoyment of the dwelling-house as such; or
(g) for the making of such material change in the use of land
or building as the State Authority may prescribe to be a
material change for which no planning permission is
necessary.
Prohibition of development contrary to planning permission
20. No person shall commence, undertake, or carry out any
development otherwise than in conformity with the planning
permission granted to him under section 22 in respect of the
development or with the conditions of the planning permission.
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Duty to consult
20A.  It shall be the duty of every Federal and State Government
department or agency to consult the Committee on any development
activity that it proposes to carry out within the State.
Application for planning permission
21. (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 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.
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(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;
(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.
Development proposal report
21A. (1) In addition to the documents and plans required to be
submitted under subsection 21(1) for planning permission, the
applicant shall submit a development proposal report which shall
contain the following:
(a) the development concept and justification;
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ACT 172
(b) a location map and a site plan;
(c) particulars of land ownership and restrictions, if any;
(d)
(i) a description of the land including its physical
e n v i r o n m e n t , topography, landscape, geology,
contours, drainage, water bodies and catchments
and natural features thereon;
(ii) a survey of the trees and all forms of vegetation;
and
(iii) particulars of a building,
which may be affected by the development;
(e) a land use analysis and its effect on the adjoining land;
(f) layout plans, the details of which are specified in section
21B; and
(g) such other matters as may be prescribed by the local
planning authority.
(1A) The State Authority may specify that the development
proposal report submitted under subsection (1) in respect of certain
categories of development shall include an analysis of the social
implications of the development for the area which is the subject
of the application for planning permission.
(2) The State Authority may, by rules, exempt any development
or class, type or category of development from submitting--
(a) a development proposal report under subsection (1); or
(b) a development proposal report containing any of the matters
specified in paragraphs (1)(a) to (g).
Layout plans
21B. (1) The layout plans under paragraph 21A(1)(f) shall show
the proposed development and in particular--
(a) where the development is in respect of any land--
(i) measures for the protection and improvement of its
physical environment;
(ii) m e a s u r e s for the preservation of its natural
topography;
Town and Country Planning
41
(iii) measures for the improvement of its landscape;
(iv) measures for the preservation and planting of trees
thereon;
(v) the location and species of trees with a girth exceeding
0.8 metre and other vegetation thereon;
(vi) the making up of open spaces;
(vii) the proposed earthworks, if any; and
(viii) a description of the works to be carried out; and
(b) where the development is in respect of a building with
special architecture or historical interest, particulars to
identify the building including its use and condition, and
its special character, appearance, make and feature and
measures for its protection, preservation and enhancement;
and
(c) where the development involves a building operation,
particulars of the character and appearance of buildings
located in the surrounding area.
(2) The local planning authority may give directions to an applicant
for planning permission in respect of matters concerning his layout
plans as the local planning authority considers necessary.
(3) The applicant to whom directions are given under subsection
(2) shall amend the layout plans accordingly, and resubmit the
layout plans within such period or extended period as the local
planning authority may specify.
(4) If the layout plans are 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.
Preparation of plan, etc., by a qualified person
21C.  All plans, particulars, layout plans and other documents
required to be submitted under this Act shall be prepared by--
(a) a person whose qualifications are prescribed under
paragraph 58(2)(h); or
(b) a person who is entitled to do so under any other written
law.
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Treatment of applications
22. (1) As soon as possible after the receipt of an application for
planning permission, or, if the application is one to which subsection
21(6) applies, as soon as possible after the expiry of the period
within which objections may be made or, if objections have been
made, as soon as possible after the objections have been dealt with
under subsection 21(7), the local planning authority shall decide
on the application for planning permission.
(2) In dealing with an application for planning permission, the
local planning authority shall take into consideration such matters
as are in its opinion expedient or necessary for proper planning
and in particular--
(a) the provisions of the development plan, if any;
(aa) the direction given by the Committee, if any;
(b) the provisions that it thinks are likely to be made in any
development plan under preparation or to be prepared, or
the proposals relating to those provisions;
(ba) t h e provisions of the Sewerage Services Act 1993
[Act 508];
(bb) the development proposal report; and
(c) the objections, if any, made under section 21.
*(2A) Where an application submitted under this section involves--
(a) the development of a new township for a population
exceeding ten thousand, or covering an area of more than
one hundred hectares, or both;
(b) a development for the construction of any major
infrastructure or utility; or
(c) a development affecting hill tops or hill slopes, in an area
designated as environmentally sensitive in a development
plan,
the Committee shall request from the Council its advice on the
application submitted.
*NOTE--This subsection does not apply to the Sate of Terengganu­see Tr. G.N. 54/2003.
Town and Country Planning
43
*(2B) For the purposes of subsection (2A), development for the
construction of major infrastructure or utility shall include--
(a) national infrastructure works such as airports, seaports,
railway lines and highways; and
(b) national utility works such as the erection of dams, main
power stations and toxic waste disposal sites.
(3) After taking into consideration the matters specified in
subsection (2), the local planning authority may, subject to subsection
(4), grant planning permission either absolutely or subject to such
conditions as it thinks fit to impose, or refuse to grant planning
permission.
(4) The local planning authority shall not grant planning permission
if--
(a) the development in respect of which the permission is
a p p l i e d for would contravene any provision of the
development plan;
(aa) the development in respect of which the permission is
applied for would contravene the provision of paragraph
(2)(aa); or
(b) the applicant for planning permission has neither paid
t h e development charge payable in respect of the
development nor obtained the permission of the local
planning authority under subsection 34(1) to pay the
development charge by instalments.
(5) Conditions imposed under subsection (3) may include any
or all of the following conditions, that is to say, conditions--
(a) to the effect that planning permission granted in respect
of any change of use of land or building is only for a
limited period and that, after the expiry of that period,
the use of the land or building as authorized by the
planning permission shall cease and the land or building
shall be reverted to its original use;
*NOTE--This subsection does not apply to the Sate of Terengganu­see Tr. G.N. 54/2003.
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(b) to regulate--
(i) the development and use of any other land under
the control of the applicant that adjoins the land in
respect of which the planning permission is granted;
and
(ii) as may appear to the local planning authority to be
expedient for the development for which planning
permission is granted, the works that may be carried
out on such other land and the manner in which and
the extent to which such works may be carried out;
(c) for securing the development of the land in accordance
with the approved layout plans;
(d) prohibiting damage to the land, its physical environment,
natural topography and landscape;
(e) prohibiting the removal or alteration of any of the natural
features of the land;
(f) prohibiting the felling of trees of a certain size, age, type
or species at any particular location, unless it is to comply
with any written law;
(g) for securing the planting or replanting of trees of a certain
size, age, type or species at any particular location in
such manner as may be determined by the local planning
authority;
(h) for securing the making up of open spaces in accordance
with the approved layout plans;
(i) where the development involves the erection of a new
building, or the re-erection or extension of a building or
part thereof, conditions to ensure its compatibility with
the architecture, character or appearance depicted in the
buildings located in the surrounding area, which the local
planning authority intends to protect, preserve or enhance;
(j) where the development involves any addition or alteration
to an existing building with special architecture or historical
interest, conditions to ensure that the facade and other
external character of the building is retained; and
Town and Country Planning
45
(k) where the development involves the re-erection of a building
with special architecture or historical interest or the
demolition thereof and the erection of a new building in
its place, conditions to ensure that the facade and other
external character of the demolished building is retained.
(5A) It shall be the duty of the local planning authority to ensure
where planning permission is granted that a tree preservation order,
if any, is complied with.
(6) If planning permission is granted, whether with or without
conditions, it shall conveyed to the applicant in the prescribed
form and at the same time a notice of the grant thereof shall be
given to any person who has made any objection pursuant to
subsection 21(6).
Appeal against decision of local planning authority
23. (1) An appeal against the decision of the local planning authority
made under subsection 22(3) may be made to the Appeal Board
within one month from the date of the communication of such
decision to him, by--
(a) an applicant for planning permission aggrieved by the
decision of the local planning authority to refuse planning
permission or by any condition imposed by the local
planning authority in granting planning permission; and
(b) a person who has lodged an objection pursuant to subsection
21(6) and is aggrieved by the decision of the local planning
authority in relation to his objection.
(2) In considering an appeal, the Appeal Board shall hear the
appellant and the local planning authority.
(3) After hearing the appeal, the Appeal Board may make an
order--
(a) confirming the decision of the local planning authority
and dismissing the appeal;
(b) allowing the appeal by directing the local planning authority
to grant planning permission absolutely or subject to
such conditions as the Appeal Board thinks fit;
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ACT 172
(c) allowing the appeal by setting aside any planning permission
granted; or
(d) allowing the appeal by directing the local planning authority
to remove or modify any condition subject to which
planning permission has been granted or to replace the
condition with such other condition as the Appeal Board
thinks fit.
Lapse of planning permission
24. (1) A planning permission granted under subsection 22(3)
shall, unless extended, lapse twelve months after the date of the
grant thereof if, within that time, the development had not commenced
in the manner specified in the planning permission.
(2) Subsection (1) shall not apply to a planning permission that
expressly states that the development for which the planning
permission is granted does not involve any building operation.
(3) On an application being made in that behalf in the prescribed
manner before the planning permission lapses, the local planning
authority may, on payment of the prescribed fee, grant an extension
or further extension of the planning permission.
(4) A planning permission extended under subsection (3) shall,
unless further extended, lapse twelve months after the date of the
extension thereof if, within that time, the development had not
commenced in the manner specified in the planning permission.
(5) In granting an extension or further extension of a planning
permission under subsection (3), the local planning authority may
impose such conditions on the planning permission as it thinks fit
or vary the conditions originally imposed; and section 23 shall
apply with the necessary modifications to the imposition or variation
of conditions under this section as it applies to the imposition of
conditions under subsection 22(3).
Revocation and modification of planning permission and approval
of building plans
25. (1) If it appears to the local planning authority to be in the
public interest that a planning permission granted under subsection
22(3) or an approval of a building plan given under any of the
Town and Country Planning
47
previous local government laws should be revoked or modified,
the local planning authority may order the permission or approval
to be revoked or modified to such extent as appears to it to be
necessary.
(2) No revocation or modification under subsection (1) shall
have effect until confirmed by the Committee.
(3) An order revoking a planning permission or an approval of
a building plan shall state the period within which the person to
whom the permission or approval was granted is required to demolish
any building erected pursuant to the permission or approval and
the maximum amount that the local planning authority is prepared
to reimburse the person in respect of costs incurred by him in
carrying out the demolition.
(4) If, within the period stated in the revocation order or such
longer period as the local planning authority may allow, demolition
has not been carried out or completed, the local planning authority
may itself and at its own expense carry out or complete the demolition.
(5) If demolition has been completed by the person to whom
the planning permission or approval of the building plan was
granted, the local planning authority shall reimburse the person the
costs actually and reasonably incurred by him in carrying out the
demolition, but not exceeding the amount stated in the revocation
order.
(6) If demolition has been partially carried out by the person
to whom the planning permission or approval of the building plan
was granted, but completed by the local planning authority, the
local planning authority shall assess the amount that the demolition
would have cost had it been carried out entirely by the local
planning authority, and determine the amount of the costs actually
and reasonably incurred by it in completing the demolition, and
shall pay the person by way of reimbursement of his costs the
difference between the two amounts or the costs actually and
reasonably incurred by the person in carrying out his part of the
demolition, whichever is the lesser amount, but in no case shall
the local planning authority be bound to pay any amount beyond
the amount stated in the revocation order.
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(7) If a planning permission or an approval of a building plan
is revoked under subsection (1) and the person to whom the permission
or approval was granted claims from the local planning authority,
within the time and in the manner prescribed, compensation for
any expenditure incurred by him in carrying out works to implement
the permission or approval prior to its revocation or modification,
the local planning authority shall, after giving the person a reasonable
opportunity to be heard, offer such compensation to him as the
local planning authority thinks adequate.
(8) Where a planning permission or an approval of a building
plan is modified under subsection (1), the local planning authority
shall reimburse the person to whom the permission or approval
was granted the costs actually and reasonably incurred by him in
implementing the modification, being costs that he would not have
incurred had the modification not been ordered, and shall compensate
him for any loss suffered as a result of the modification.
(9) If any person is aggrieved by the amount of any reimbursement
or compensation offered or paid to him under this section, he may,
within the time and in the manner prescribed, appeal to the Appeal
Board and the Appeal Board shall assess the amount of reimbursement
or compensation to be paid.
(10) In subsection (1), "previous local government laws" means
the Town Boards Enactments of the Federated Malay States [F.M.S.
Cap. 137] and of the States of Johore [Johore En. No. 118] and
Terengganu [Terengganu En. 12 of 1355 A.H.], the Municipal
Ordinance of the Straits Settlements [S.S. Cap. 133], the Municipal
Enactment of the State of Kelantan [Kelantan En. 20 of 1938], the
Local Councils Ordinance 1952 [Ord. 36 of 1952], and any other
written law replacing any or any part of those laws.
Offences relating to unauthorized development
26. (1) A person who, whether at his own instance or at the
instance of another person--
(a) uses or permits to be used any land or building in
contravention of section 18;
(b) commences, undertakes, or carries out, or permits to be
commenced, undertaken, or carried out, any development
in contravention of section 19 or 20;
Town and Country Planning
49
(c) commences, undertakes, or carries out, or permits to be
commenced, undertaken, or carried out, any development
where the planning permission or the approval of the
building plan, as the case may be, in respect of the
development has been revoked pursuant to section 25; or
(d) commences, undertakes, or carries out, or permits to be
commenced, undertaken, or carried out, any development
after the planning permission or the approval of the building
plan, as the case may be, in respect of the development
h a s been modified pursuant to section 25 and the
development so commenced, undertaken, or carried out
is inconsistent with the modified permission or approval,
commits an offence and is liable, on conviction, to a fine not
exceeding *five hundred thousand ringgit or to imprisonment for
a term not exceeding two years or to both and, in the case of a
continuing offence, to a further fine which may extend to **five
thousand ringgit for each day during which the offence continues
after the first conviction for the offence.
(2) Unless the contrary is proved, the owner of the land in
respect of which any act that constitutes an offence under subsection
(1) is done shall be deemed to have permitted the doing of that
act.
Enforcement in the case of contravention of section 19
27. (1) This section shall apply where it appears to the local
planning authority that any development has been or is being
undertaken or carried out in contravention of section 19.
(2) If the local planning authority is satisfied that, had an
application for planning permission or extension of planning
permission in respect of the development been made under section
22 or subsection 24(3) before the development was commenced,
undertaken, or carried out, it would have, in the proper exercise
of its powers under those sections, refused to grant planning
permission for the development, then the local planning authority
shall--
(a) if the development has been completed, serve on both the
owner and occupier of the land a notice in the prescribed
form requiring both of them to comply, within the period
*NOTE--Previously "five hundred ringgit"­see the Town and Country Planning (Amendment) Act
1995 [Act A933].
**NOTE--Previously "one hundred ringgit"­see Act A933.
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ACT 172
specified in the notice or within such further period as
t h e local planning authority may allow, with such
requirements, to be specified in the notice, as the local
planning authority thinks fit in order that the land be
restored as far as possible to the condition it was in
before the development was commenced;
(b) if the development has not been completed, serve on the
owner of the land and the person who, in the opinion of
t h e local planning authority, is carrying out the
development, a notice in the prescribed form requiring
both of them to discontinue the development forthwith
and to comply, within the period specified in the notice
or within such further period as the local planning authority
may allow, with such requirements, to be specified in the
notice, as the local planning authority thinks fit in order
that the land be restored as far as possible to the condition
it was in before the development was commenced.
(3) If the local planning authority is not satisfied as provided
in subsection (2), it shall serve on the owner, occupier, or the
person who, in the opinion of the local planning authority, is
carrying out the development, as the case may be, a notice informing
him of the contravention and calling on him to apply for planning
permission within the period specified in the notice or within such
further period as the local planning authority may allow.
(4) In any case falling under subsection (3), the local planning
authority shall also, if the development has not been completed,
serve on both the owner and the person who, in the opinion of the
local planning authority, is carrying out the development, a notice
in the prescribed form requiring them to discontinue the development
forthwith.
(5) The giving of a notice under subsection (3) shall not be
construed as an indication of willingness to grant planning permission
and shall be without prejudice to the power of the local planning
authority to refuse planning permission, and the notice shall contain
a statement to that effect.
(6) Any person who continues to carry out any development
after being required to discontinue it by a notice served on him
under paragraph (2)(b) or subsection (4) commits an offence and
is liable, on conviction, to a fine not exceeding *one hundred
thousand ringgit or to imprisonment for a term not exceeding six
*NOTE--Previously "five hundred ringgit"­see the Town and Country Planning (Amendment) Act
1995 [Act A933].
Town and Country Planning
51
months or to both and to a further fine which may extend to *five
thousand ringgit for each day during which the development is
carried out after the first conviction for the offence.
(7) Sections 21 and 22 shall apply to an application for planning
permission under subsection (3), but in addition to any fees prescribed
for the purposes of section 21, such further fees as may be prescribed
shall be payable in respect of the application.
(8) If no application is made under subsection (3) within the
time allowed or if the application is refused, the local planning
authority shall serve on the owner, occupier, or the person who,
in the opinion of the local planning authority, is carrying out the
development, a notice in the prescribed form requiring any or all
of them to comply, within the period specified in the notice or
within such further period as the local planning authority may
allow, with such requirements, to be specified in the notice, as the
local planning authority thinks fit in order that the land be restored
as far as possible to the condition it was in before the development
was commenced.
(9) Subject to subsection (10), any person who fails to comply
with any requirement of a notice under subsection (2) or (8) within
the period allowed commits an offence and is liable, on conviction,
to a fine not exceeding **one hundred thousand ringgit or to
imprisonment for a term not exceeding six months or to both and
to a further fine which may extend to ***five thousand ringgit for
each day during which the failure is continued after the first conviction
for the offence.
(10) No occupier of any land to which a notice under subsection
(2) or (8) relates, who is not also the owner of the land, shall be
liable to be convicted for an offence under subsection (9) if he
proves that the development to which the notice relates was not
c o m m e n c e d , undertaken, or carried out, or permitted to be
commenced, undertaken, or carried out, by him.
(11) In this section, "development" includes any part or feature
of a development.
*NOTE--Previously "one thousand ringgit"­see the Town and Country Planning (Amendment) Act
1995 [Act A933].
**NOTE--Previously "five hundred ringgit"­see Act A933.
***NOTE--Previously "one thousand ringgit"­see Act A933.
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ACT 172
Enforcement in the case of contravention of section 20
28. (1) This section shall apply where it appears to the local
planning authority that any development has been or is being
undertaken or carried out in contravention of section 20.
(2) If the local planning authority is satisfied that, had the
application for planning permission indicated that the development
was to take or result in its present form or state, it would have,
in the proper exercise of its powers under section 22, refused to
grant planning permission for the development, then the local
planning authority shall--
(a) if the development has been completed, serve on both the
owner and occupier of the land a notice in the prescribed
form requiring both of them to comply, within the period
specified in the notice or within such further period as
t h e local planning authority may allow, with such
requirements, to be specified in the notice, as the local
planning authority thinks fit in order that the development
is brought into conformity with the planning permission
and the conditions thereof or, where this is not possible,
in order that the land be restored as far as possible to the
condition it was in before the development was commenced;
(b) if the development has not been completed, serve on the
owner of the land and the person who, in the opinion of
t h e local planning authority, is carrying out the
development, a notice in the prescribed form requiring
both of them to discontinue the development forthwith
and to comply, within the period specified in the notice
or within such further period as the local planning authority
may allow, with such requirements, to be specified in the
notice, as the local planning authority thinks fit in order
that the development is brought into conformity with the
planning permission and the conditions thereof or, where
this is not possible, in order that the land be restored as
far as possible to the condition it was in before the
development was commenced.
(3) If the local planning authority is not satisfied as provided
in subsection (2), it shall serve on the owner, occupier, or the
person who, in the opinion of the local planning authority, is
carrying out the development, as the case may be, a notice informing
him of the contravention and calling on him to apply for a fresh
planning permission in respect of the development, as it is in its
present form or state, within the period specified in the notice or
within such further period as the local planning authority may
allow.
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53
(4) In any case falling under subsection (3), the local planning
authority shall also, if the development has not been completed,
serve on both the owner and the person who, in the opinion of the
local planning authority, is carrying out the development, a notice
in the prescribed form requiring them to discontinue the development
forthwith.
(5) The giving of a notice under subsection (3) shall not be
construed as an indication of willingness to grant planning permission
and shall be without prejudice to the power of the local planning
authority to refuse planning permission, and the notice shall contain
a statement to that effect.
(6) Any person who continues to carry out any development
after being required to discontinue it by a notice served on him
under paragraph (2)(b) or subsection (4) commits an offence and
is liable, on conviction, to a fine not exceeding *one hundred
thousand ringgit or to imprisonment for a term not exceeding six
months or to both and to a further fine which may extend to **five
thousand ringgit for each day during which the development is
carried out after the first conviction for the offence.
(7) Sections 21 and 22 shall apply to an application for planning
permission under subsection (3), but in addition to any fees prescribed
for the purposes of section 21, such further fees as may be prescribed
shall be payable in respect of the application.
(8) If no application is made under subsection (3) within the
time allowed or if the application is refused, the local planning
authority shall serve on the owner, occupier, or the person who,
in the opinion of the local planning authority, is carrying out the
development, a notice in the prescribed form requiring any or all
of them to comply, within the period specified in the notice or
within such further period as the local planning authority may
allow, with such requirements, to be specified in the notice, as the
local planning authority thinks fit in order that the development
is brought into conformity with the planning permission and the
conditions thereof or, where this is not possible, in order that the
land be restored as far as possible to the condition it was in before
the development was commenced.
*NOTE--Previously "five hundred ringgit"­see the Town and Country Planning (Amendment) Act
1995 [Act A933].
**NOTE--Previously "one thousand ringgit"­see Act A933.
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ACT 172
(9) Subject to subsection (10), any person who fails to comply
with any requirement of a notice under subsection (2) or (8) within
the period allowed commits an offence and is liable, on conviction,
to a fine not exceeding *one hundred thousand ringgit or to
imprisonment for a term not exceeding six months or to both and
to a further fine which may extend to **five thousand ringgit for
each day during which the failure is continued after the first conviction
for the offence.
(10) No occupier of any land to which a notice under subsection
(2) or (8) relates, who is not also the owner of the land, shall be
liable to be convicted for an offence under subsection (9) if he
proves that the development to which the notice relates was not
c o m m e n c e d , undertaken, or carried out, or permitted to be
commenced, undertaken, or carried out, by him.
(11) In this section, "development" includes any part or feature
of a development.
Enforcement in the case of development that is inconsistent
with modified planning permission or approval of building
plan
29. (1) This section shall apply where it appears to the local
planning authority that any development has been or is being
undertaken or carried out after the planning permission or the
approval of the building plan, as the case may be, in respect of
the development has been modified pursuant to section 25 and the
development so undertaken or carried out is inconsistent with the
modified permission or approval.
(2) If the local planning authority is satisfied that any part,
aspect, or feature of the development that is inconsistent with the
modified planning permission or approval of building plan is capable
of being modified, added to, or demolished so as to bring about
consistency with the modified permission or approval, then the
local planning authority shall--
(a) if the development has been completed, serve on both the
owner and occupier of the land a notice in the prescribed
form requiring both of them to comply, within the period
specified in the notice or within such further period as
t h e local planning authority may allow, with such
requirements, to be specified in the notice, as the local
planning authority thinks fit in order to bring about
consistency with the modified permission or approval;
*NOTE--Previously "five hundred ringgit"­see the Town and Country Planning (Amendment)
Act 1995 [Act A933].
**NOTE--Previously "one thousand ringgit"­see Act A933.
Town and Country Planning
55
(b) if the development has not been completed, serve on the
owner of the land and the person who, in the opinion of
t h e local planning authority, is carrying out the
development, a notice in the prescribed form requiring
them--
(i) to discontinue all activities forthwith, except those
activities that are necessary for complying with the
requirements of the local planning authority under
subparagraph (ii) and such other activities as may
be specified by the local planning authority, until
the local planning authority is satisfied that those
requirements have been complied with; and
(ii) to comply, within the period specified in the notice
or within such further period as the local planning
authority may allow, with such requirements, to be
specified in the notice, as the local planning authority
thinks fit in order to bring about consistency with
the modified permission or approval.
(3) If the local planning authority is not satisfied as provided
in subsection (2), then the local planning authority shall serve on
the owner of the land and, if the development has not been completed,
on the person who, in the opinion of the local planning authority,
is carrying out the development, a notice in the prescribed form
requiring them to comply, within the period specified in the notice
or within such further period as the local planning authority may
allow, with such requirements, to be specified in the notice, as the
local planning authority thinks fit in order that the land be restored
as far as possible to the condition it was in before the development
was commenced.
(4) Subject to subsection (5), any person who fails to comply
with any requirement of a notice under paragraph (2)(a), subparagraph
(2)(b)(ii), or subsection (3) within the period allowed commits an
offence and is liable, on conviction, to a fine not exceeding *one
hundred thousand ringgit or to imprisonment for a term not exceeding
six months or to both and to a further fine which may extend to
**five thousand ringgit for each day during which the failure is
continued after the first conviction for the offence.
(5) No occupier of any land to which a notice under paragraph
(2)(a) relates, who is not also the owner of the land, shall be liable
to be convicted for an offence under subsection (4) if he proves
*NOTE--Previously "five hundred ringgit"­see the Town and Country Planning (Amendment)
Act 1995 [Act A933].
**NOTE--Previously "one thousand ringgit"­see Act A933.
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that the development to which the notice relates was not commenced,
undertaken, or carried out, or permitted to be commenced, undertaken,
or carried out, by him.
(6) Any person who continues to carry out any activity after
being required to discontinue it by a notice served on him under
subparagraph (2)(b)(i) commits an offence and is liable, on conviction,
to a fine not exceeding *one hundred thousand ringgit or to
imprisonment for a term not exceeding six months or to both and
to a further fine which may extend to **five thousand ringgit for
each day during which the activity is so continued after the first
conviction for the offence.
Requisition notice
30. (1) If the local planning authority is satisfied--
(a) that any use of land should be discontinued; or
(b) that conditions should be imposed on the continued use
thereof; or
(c) that any building or works on any land should be altered
or removed,
the local planning authority may, with the approval of the State
Authority, by a requisition notice served on the owner of the
land--
(i) require the discontinuance of that use;
(ii) impose such conditions for the continued use of the
land as may be specified in the requisition notice;
or
(iii) require such steps as may be specified in the
requisition notice to be taken for the alteration or
removal of the building or works;
and the owner shall, within such period as may be specified in the
requisition notice, not being less than one month from the date of
service of the notice, comply with such requirements or condition.
(2) A person aggrieved by a requisition notice may, within the
period stated therein and in the manner prescribed, appeal to the
Appeal Board.
*NOTE--Previously "five hundred ringgit"­see the Town and Country Planning (Amendment)
Act 1995 [Act A933].
**NOTE--Previously "one thousand ringgit"­see Act A933.
Town and Country Planning
57
(3) If an appeal is filed under subsection (2), the requisition
notice shall be suspended until the determination or withdrawal of
the appeal.
(4) In considering an appeal under subsection (2), the Appeal
Board shall hear the appellant and the local planning authority.
(5) If the owner of the land to which the requisition notice
relates has, in consequence of compliance with the notice, suffered
damage in the form of a depreciation in the value of the land or
incurred expenses or costs in carrying out works in compliance
with the notice, he may claim from the local planning authority,
within the time and in the manner prescribed, compensation for
the damage, expenses, or costs.
(6) If a claim is made under subsection (5), the local planning
authority shall, after giving the person making the claim an
opportunity to be heard, offer him such compensation as the local
planning authority considers adequate.
(7) If the person to whom compensation is offered under subsection
(6) is aggrieved by the amount thereof, he may, within the time
and in the manner prescribed, appeal to the Appeal Board and the
Appeal Board shall assess the amount of compensation to be paid.
(8) A person who fails to comply with a requisition notice
served on him under subsection (1) within the period specified
therein or, where an appeal has been made under subsection (2),
within such period after the determination or withdrawal of the
appeal as may be specified by the local planning authority commits
an offence and is liable, on conviction, to a fine not exceeding
*one hundred thousand ringgit or to imprisonment for a term not
exceeding six months or to both and, in the case of a continuing
offence, to a further fine which may extend to **five thousand
ringgit for each day during which the offence is continued after
the first conviction for the offence.
Execution by authorized person
31. (1) If any requirement of any notice served under any of the
provisions of sections 27, 28, 29 and 30, other than a requirement
to discontinue any development or activity, is not complied with
within the period specified in the notice or within any further
period that may have been allowed by the respective local planning
*NOTE--Previously "fifty thousand ringgit"­see the Town and Country Planning (Amendment)
Act 2001 [Act A1129].
**NOTE--Previously "one thousand ringgit"­see Act A1129.
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ACT 172
authority, an authorized person may, with or without workmen,
enter upon the land to which the notice relates and take such steps
as may be necessary to execute the notice, including the demolishing
or altering of any building or works and the removal of any goods,
vehicles, or things from any building or from the land.
(2) The local planning authority may request the officer in charge
of the police district in which the area of the local planning authority
is situated to provide police officers to render assistance to an
authorized person in taking any action by virtue of subsection (1)
and it shall be the duty of the officer in charge of the police district
to comply with the request and of the police officers provided in
compliance therewith to render such assistance.
(3) The local planning authority may recover the expenses and
costs incurred in executing a notice under subsection (1) from the
owner of the land to which the notice relates in the manner in
which rates are recovered under any written law relating to local
government.
Inconsistency between building by-laws and development plan
31A.  Where an inconsistency exists between any building by-
laws and a development plan in relation to any policies in that
plan--
(a) the development plan shall prevail over the by-laws; and
(b) the approving authority shall apply the provisions of the
building by-laws in such manner and to such extent as
may be necessary to avoid the inconsistency, but so as
to ensure that the standards of building soundness for the
safety of the occupants and amenity achieved in respect
of the development are as good as can reasonably be
achieved in the circumstances.
PART V
DEVELOPMENT CHARGE
Development charge and liability thereto
32. (1) Where a local plan or an alteration of a local plan effects
a change of use, density, or floor area in respect of any land so
Town and Country Planning
59
as to enhance the value of the land, a development charge shall
be levied in respect of any development of the land commenced,
undertaken, or carried out in accordance with the change.
(2) The rate of the development charge or the method of calculating
the amount of development charge payable shall be as prescribed
by rules made under section 35.
(3) The State Authority may, by rules made under section 35,
exempt any person or class of persons or any development or
class, type, or category of development from liability to the
development charge, subject to such conditions as the State Authority
may specify in the rules.
Determination of development charge
33. (1) Before granting planning permission for any development,
the local planning authority shall determine whether a development
charge is payable in respect of the development and, if payable,
the amount thereof, and shall serve on the applicant for planning
permission a notice in the prescribed form demanding payment of
the amount.
(2) The determination by the local planning authority of the
amount of the development charge shall be final and shall not be
subject to appeal or review in any court.
Payment of development charge
34. (1) The development charge shall be payable in a lump sum,
but the local planning authority may, on application by the applicant
for planning permission, permit the development charge to be paid
by such number of instalments as the local planning authority
considers just, with interest at the rate, not being a preferential
rate, imposed by the Federation of Banks Malaysia-Singapore on
loans secured on immovable property.
(2) If any due instalment of the development charge is not paid,
the local planning authority shall give to the person to whom
planning permission has been granted a notice informing him of
the default and demanding that payment be made within a reasonable
time to be specified in the notice.
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ACT 172
(3) If the amount due remains unpaid after the time allowed
under subsection (2) has lapsed, the whole balance of the development
charge shall become due and payable and may be recovered in the
manner in which rates are recovered under any written law relating
to local government.
(4) All sums received on account of the development charge
shall be paid into the fund of the appropriate local authority.
Power to make rules
35.  The State Authority may make rules for the purpose of giving
effect to and carrying out the provisions of this Part or of prescribing
anything that may be, or is required to be, prescribed under this
Part.
PART VA
TREE PRESERVATION ORDER
Tree preservation order
35A. (1) If it appears to the local planning authority that it is
expedient in the interest of amenity to preserve any tree, trees or
group of trees in its area, it may make a tree preservation order
with respect to such tree, trees, or group of trees.
(2) A tree preservation order may, in particular, make provisions--
(a) for prohibiting the felling of trees except with the written
permission of and subject to conditions, if any, imposed
by the local planning authority; and
(b) for securing the planting of trees or the replacement of
trees by replanting in such manner as may be determined
by the local planning authority.
(3) Paragraph (2)(a) shall not apply to the felling of a tree--
(a) which is dying or dead;
(b) for the prevention of an imminent danger; or
(c) if it is to comply with any written law.
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61
(4) Any person who contravenes any provision in the tree
preservation order commits an offence and is liable, on conviction,
to a fine not exceeding *one hundred thousand ringgit or to
imprisonment for a term not exceeding six months or to both.
(5) Where in any proceeding for an offence under this section
it is proved that a tree was felled, it shall be presumed, until the
contrary is proved, that the tree had been felled by the occupier
of the land on which the tree was growing.
Tree preservation order not to be made if tree is already subjected
to conditions
35B.  Notwithstanding section 35A, a tree preservation order shall
not be made in respect of a tree which has or trees or group of
trees which have already been subjected to conditions imposed
under paragraphs 22(5)(f) and (g).
Appeal against tree preservation order, etc.
Any person aggrieved by--
35C.
(a) a tree preservation order;
(b) any of the provisions of a tree preservation order;
(c)
(i) the refusal of a written permission;or
(ii) any of the conditions imposed on a grant of a written
permission,
under paragraph 35A(2)(a); or
(d) an order to plant or replace trees under paragraph 35A(2)(b),
may, within one month from the date of the communication of
such order, refusal or imposition of conditions, appeal to the Appeal
Board.
Compensation under a tree preservation order
35D. (1) If the owner of the land to which a tree preservation
order relates proves that he has, in complying with paragraphs
35C(1)(a) to (d), suffered damages in the form of depreciation in
the value of the land, he may claim compensation from the local
planning authority.
*NOTE--Previously "fifty thousand ringgit"­see the Town and Country Planning (Amendment)
Act 2001 [Act A1129].
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ACT 172
(2) A claim for compensation under subsection (1) shall be
served on the local planning authority--
(a) within six months from the date on which--
(i) the tree preservation order;
(ii) the refusal of a written permission or the imposition
of conditions under paragraph 35A