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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
Professional Planning Practice & Planning Practice and ManagementAUP 4252 & AUP 6130 week 2
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Professional Planning Practice & Planning Practice and ManagementAUP 4252 & AUP 6130 week 2
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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Professional Planning Practice & Planning Practice and ManagementAUP 4252 & AUP 6130 week 2
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)
Professional Planning Practice & Planning Practice and ManagementAUP 4252 & AUP 6130 week 2
The practice of local development practice
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.
The practice of local development 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
The practice of local development practice
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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
The practice of local development practice
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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
The practice of local development practice
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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.
The practice of local development practice
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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
The practice of local development practice
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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.
The practice of local development practice
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Professional Planning Practice & Planning Practice and ManagementAUP 4252 & AUP 6130 week 2
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
State Planning Committee
Action Area Plan State TCPD/LPA approval by
State Planning Committee
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Professional Planning Practice & Planning Practice and ManagementAUP 4252 & AUP 6130 week 2
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).
The practice of local development practice
Professional Planning Practice & Planning Practice and ManagementAUP 4252 & AUP 6130 week 2
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Professional Planning Practice & Planning Practice and ManagementAUP 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 ofpolicies provided in development
plans and other material considerations (Taussik, 1997)
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Professional Planning Practice & Planning Practice and ManagementAUP 4252 & AUP 6130 week 2
The practice of local development practice
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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Professional Planning Practice & Planning Practice and ManagementAUP 4252 & AUP 6130 week 2
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.
Professional Planning Practice & Planning Practice and ManagementAUP 4252 & AUP 6130 week 2
The practice of local development practice