Plg Practice-local Dev Plg

8/2/2019 Plg Practice-local Dev Plg

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

THE PRACTICE OF LOCAL DEVELOPMENT

PLANNING

Statutorybasis fortown planning

Developmentplan system

Developmentcontrol decisions

Discussion/questions


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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 PeninsularMalaysia:

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 Constitution1957

The TCP powers are divided between the Federal, State

and Local Governments


The practice of local development practice


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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 mostefficient 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 CountryPlanning 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 LocalGovernment administers the TCP Act (Act 172) and

functions as the advisory body for planning related

issues (United Nations, 2002).



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Act 172 was updated in 1995 (Act A933) to provide for the

achievement ofsustainable 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 ofopen 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 ActA1129) and provides the formulation of a National

Physical Plan (NPP) for Peninsular Malaysia.



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The evolution oftown planningact

in PeninsularMalaysia

Town and Country Planning Act 1976 (Act 172).

Act A866 was updated in 1995 (Act A933)

Act A933 was updated in 2001 (Act A1129)



Act 172 was updated in 1993 (Act A866)


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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 implementationmechanism (Bishop, Tewdwr-Jones & Wilkinson, 2000;

Heap, 1981; Kirby & Carrick, 1985; Taussik, 1997).

Most forward planning systems generally involve thesetwo elements of town planning practice.




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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




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Purposes:

1. Indicating LPA to envisage its geographical areadeveloping 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 planningpermission and those seeking to maintain their local

environment




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Developmentplan: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




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Developmentplan andsustainable development

A key role in assisting the delivery of sustainabledevelopment by taking environmental considerations

comprehensively into account through long-term forward

planning

1. Environmental protection and improvement can be plan-

led

2. Social and economic requirements of the population

can be met

3. Local, regional and global natural systems andresources can be protected

4. Individual planning decisions can be taken against an

overall national, strategic and local framework




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Public participation in developmentplans

The basis statutory requirements for publicinvolvement 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 takeninto account by the Secretary of State or the LPA

when development plans are formally approved

or adopted.




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In P. Malaysia public involvement

is required under Section 9,Act172 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




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The British planningsystem

Part 3 D

evelopment: deals with development. It updatesthe 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 sustainabledevelopment.

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.




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The currentdevelopmentplan system in

PeninsularMalaysia

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


Action Area Plan State TCPD/LPA approval by




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Economic Planning Unit: national policies and strategies

for sustainable development

National Development Planning Committee &Federal Town and Country Planning Department: national

planning guidelines andNational Physical Plan

State Economic Planning Unit: State policies andstrategies

State Planning Committee &

State Town and Country Planning Department: State

Structure Plan

Local PlanningAuthority: Local plan; and undertaking

and enforcement of planning control

The institutional hierarchyof TCPin PeninsularMalaysia

Source: Developed from Usuluddin (1999) in Asmawi (2006)



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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 forenforcementof planning law by LPAs (Cullingworth & Nadin, 2002).




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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 ofpolicies provided in development

plans and other material considerations (Taussik, 1997)


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In Peninsular Malaysia:

Part IV of the planning act, entitled Planning Control

provides fordevelopment 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 touphold the development plans or depart from it.


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Weaknessesandstrengthsof developmentplan

and developmentcontrol

Planning

element

Weaknesses Strengths

Development

plan

y Takes too long to approve

y Out-of-date by the time it

comes into operation

y Involvement of public

y Comprehensive

administrative andgeographical coverage

Development

control

y Prevents appropriate

development

y Limits on public power

y

Depends on market interesty Tied to governmental

procedures

y Environmental

instrument

y Basis for

environmentalappraisal



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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 sustainabledevelopment.



Plg Practice-local Dev Plg

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