THE PRACTICE OF LOCAL DEVELOPMENT PLANNING

Statutory basis for town planning Development plan system Development control decisions Discussion/questions

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

STATUTORY BASIS FOR TOWN PLANNING

The town and country planning act 1971 provides the statutory basis for the land use planning system in England and Wales In Peninsular Malaysia: Presently, the principal act for the TCP system in Peninsular Malaysia is the Town and Country Planning Act 1976 (Act 172) The legal framework for TCP is established by the Concurrent List (List III) of the Federal Constitution 1957 The TCP powers are divided between the Federal, State and Local Governments
Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

The aim of TCP is to plan and arrange all the different land uses in order to achieve their best relationship to each other and to make the most efficient use of the land in the best interest of the people (Town and Country Planning Department, n.d. in Goh, 1991). The act is modelled on the Town and Country Planning Act 1971 for England and Wales (Bruton, n.d.; Goh, 1991). The Federal Town and Country Planning Department (TCPD) of the Ministry of Housing and Local Government administers the TCP Act (Act 172) and functions as the advisory body for planning related issues (United Nations, 2002).
Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

Act 172 was updated in 1995 (Act A933) to provide for the achievement of sustainable development, particularly with regard to the protection of the natural environment from the impacts of development (United Nations, 2005). The amendments include the preservation and planting of trees, preservation of natural topography, provision of open spaces and a requirement that development proposal reports (Section 21A, Act 172) be submitted with all applications for planning permission. The latest amendment was made in 2001 (known as Act A1129) and provides the formulation of a National Physical Plan (NPP) for Peninsular Malaysia.
Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

The evolution of town planning act in Peninsular Malaysia

Town and Country Planning Act 1976 (Act 172). Act 172 was updated in 1993 (Act A866) Act A866 was updated in 1995 (Act A933) Act A933 was updated in 2001 (Act A1129)

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

Two principal instruments underlie the TCP framework (Dumashie, 2001; Rydin, 1998): 1. development plans, which are considered the heart of the forward planning framework, and 2. development control, which is the implementation mechanism (Bishop, Tewdwr-Jones & Wilkinson, 2000; Heap, 1981; Kirby & Carrick, 1985; Taussik, 1997). Most forward planning systems generally involve these two elements of town planning practice.

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

DEVELOPMENT PLAN SYSTEM Main aims: 1. To set out the main considerations on which planning applications are decided; 2. To guide a range of other responsibilities of local government and other agencies

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

Purposes: 1. Indicating LPA to envisage its geographical area developing in the future (social, economic and environmental issues) 2. Ensuring that the provision of essential infrastructure is co-ordinated with land development 3. Ensuring co-ordination and compatibility between plans at different spatial scales 4. Providing a clear framework for development control decisions 5. Providing some certainty to those seeking planning permission and those seeking to maintain their local environment
Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

Development plan: its features 1. Guidance frameworks co-ordinate and regulate 2. Policy-based plans 3. Development that conforms to the plan is lawful 4. indicative each planning application is treated on its own merits

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

Development plan and sustainable development A key role in assisting the delivery of sustainable development by taking environmental considerations comprehensively into account through long-term forward planning 1. Environmental protection and improvement can be planled 2. Social and economic requirements of the population can be met 3. Local, regional and global natural systems and resources can be protected 4. Individual planning decisions can be taken against an overall national, strategic and local framework
Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

Public participation in development plans The basis statutory requirements for public involvement in development plans confer certain rights on the public and obligations on planning authorities. To consider views and objections from the public in the preparation of Structure Plans and Local Plans In the UK - public representations must be taken into account by the Secretary of State or the LPA when development plans are formally approved or adopted.
Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

In P. Malaysia public involvement is required under Section 9, Act 172 for Structure Plan preparation and Sections 13 & 14, Act 172 The development plan guides and informs day to day decisions as to whether or not planning permission should be granted, under the system known as development control

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

The British planning system Part 3 Development: deals with development. It updates the definition of the development plan to take account of the changes to the planning system made by the Act. It also imposes on those with plan-making functions under Parts 1, 2 and 6 a duty to exercise their functions with the objective of contributing to the achievement of sustainable development. Part 4 - Development Control: deals with development control. Local planning authorities will be able to introduce local permitted development rights by way of local development orders. It provides local planning authorities with a new enforcement power to control development.
Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

The current development plan system in Peninsular Malaysia National Physical Plan Federal TCPD, State Planning Committee approval by National Physical Planning Committee State Structure Plan State TCPD approval by State Planning Committee Local Plan Local Planning Authority approval by State Planning Committee Action Area Plan State TCPD/LPA approval by State Planning Committee
Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

The institutional hierarchy of TCP in Peninsular Malaysia

Economic Planning Unit: national policies and strategies for sustainable development National Development Planning Committee & Federal Town and Country Planning Department: national planning guidelines and National Physical Plan

State Economic Planning Unit: State policies and strategies State Planning Committee & State Town and Country Planning Department: State Structure Plan

Local Planning Authority: Local plan; and undertaking and enforcement of planning control
Source: Developed from Usuluddin (1999) in Asmawi (2006)

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

DEVELOPMENT CONTROL Development control regulates the development and use of land in the public interest. It relates with: 1. Planning applications 2. Permission and conditions 3. Regulation and enforcement

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

Implementation of development plans occurs through development control. Development control is the principal means of achieving planning goals and is the machinery whereby developers must obtain planning permission from LPAs to develop. It is the cutting edge of the TCP system as it is the mechanism by which planning affects most people (Rydin, 1998). Development control involves measures for enforcement of planning law by LPAs (Cullingworth & Nadin, 2002).

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

Statutory development plans have legal effect in the context of decisions taken by LPA on applications for permission to develop. Development control enables landowners, developers, investors etc. to challenge the development plans, after its adoption. The LPAs may try to control the form of a development as well as its location, specifying requirements such as access, scale, design and external appearance. In England, development control decisions should be made on the basis of policies provided in development plans and other material considerations (Taussik, 1997)
Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

In Peninsular Malaysia: Part IV of the planning act, entitled Planning Control provides for development control, an essential component of TCP It specifically requires that any use of land or buildings must be in conformity with the development plan. Development control provides an administrative mechanism for the LPAs to exercise discretion on specific development proposals, by deciding whether to uphold the development plans or depart from it.

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

Weaknesses and strengths of development plan and development control

Planning element Development plan Weaknesses y Takes too long to approve y Out-of-date by the time it comes into operation y Prevents appropriate development y Limits on public power y Depends on market interest y Tied to governmental procedures Strengths y Involvement of public y Comprehensive administrative and geographical coverage y Environmental instrument y Basis for environmental appraisal

Development control

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2

The practice of local development practice

DISCUSSION/QUESTIONS 1. Comment on how development control could prevent inappropriate development. 2. Comment on the importance of development plan system in relation to the concept of sustainable development.

Professional Planning Practice & Planning Practice and Management AUP 4252 & AUP 6130 week 2