What is Planning Permission?
Based on the Dewan Dictionary, the definition of Planning is Organizing, Preparing or Considering something to make it better / better. While the definition of permission is permission given to do something.
According to the Town and Country Planning Act, 1976 (Act 172), when a person wishes to carry out any development, he must obtain planning permission from the Local Planning Authority. Planning Permission gives a person permission from the Local Authority acting as the development control authority to carry out a development in accordance with the plan and conditions of permission which determine, among others, the proposed alignment, width and level of streets and back alleys, proposed height, design, size, use of buildings, building offsets, density/plot ratio of residential and commercial units or other buildings. Other proposed land uses and utility provisions for recreational open spaces, recreation centres, community centres, schools and other proposed facilities which are necessary and other conditions for orderly development.
Why is Planning Permission Required?
According to the Town and Country Planning Act, 1976 (Act 172), the Local Planning Authority is empowered to be responsible for regulating, controlling and planning the development and use of all land and buildings located within its jurisdiction. This is to ensure that all development and use of land by individuals and developers will be carried out in an orderly manner and will not cause pollution and nuisance, traffic congestion and additional infrastructure burden, loss of value/amenities, flooding and other undesirable effects on the neighbourhood and environment and also to ensure that new developments are of a good standard for habitation. Before granting planning permission for a development proposal, the Local Planning Authority must take into account all matters necessary for effective planning. This is to ensure that the development proposal does not cause undesirable environmental problems including social and economic impacts and complies with planning standards and guidelines. Local Planning Authorities must take into account the provisions of the State Structure Plan and Local Plans that have been prepared, are being prepared or will be prepared (Section 22). Local Planning Authorities must also check that the proposed development has good access and complies with all conditions and limitations of land title as well as other legal requirements.
When is Planning Permission Required?
Planning Permission must be applied for and approved before any development can be carried out. The definition of `development' is in accordance with the Town and Country Planning Act and is broad and includes:-
- Building works (Demolition / construction)
- Engineering Works, including land formation and road construction
- Mining works
- Industrial works
- Making a material change in the use of any land or building
- Major modifications to the building
- Breaking boundaries or annexing land
How to obtain Planning Permission?
Applications for Planning Permission must be submitted in the manner specified under the Town and Country Planning Act, Planning Control Rules (General) 1994 through the Local Central Unit according to the checklist provided.
Who is eligible to submit an application for Planning Permission?
Planning Permission Applications must be submitted by a Certified Planner or Certified Architect based on the size of the proposed site. The Planner or Architect must be able to advise the developer / individual not only in terms of the planning permission application process but more importantly in terms of selecting various land development alternatives and enabling the developer / individual to make a decision on the best alternative as well as assisting in ensuring that all required approvals under other Laws such as the National Land Code, Land Acquisition Act, Roads, Drains and Buildings Act and the Environment Act as well as various other By-Laws can be obtained without any obstacles before commencing development.
How long is the validity period of a planning permission?
A planning permission, if not extended, will expire within 12 months. If development has not yet commenced, the developer may obtain an extension to the planning permission by submitting an application for extension via Form B before the expiry of the planning permission. Extensions may be granted subject to a fee as set out.
What needs to be done after obtaining Planning Permission?
Development cannot commence immediately after obtaining planning permission approval because the developer/applicant through the appointed consultant still needs to obtain other approvals as follows:
- Land Work Plan
- Road and Drainage Plan
- Sewerage Plan
- Landscape plan
- Building Plans and permits to commence construction and building work under the Roads, Drains and Buildings Act
- Border-Breaking Plan
- Licenses for industrial, commercial, catering establishments and others to commence activities
What are the fines imposed for Development Without Planning Permission?
A fine of up to RM500,000 or imprisonment for a period not exceeding two years or both may be imposed upon conviction by the court and if the offence continues an additional fine of up to RM5,000 for each subsequent day will be imposed. The developer/individual may also be required to restore the land as far as possible to its original condition before development.
For information and planning clarification, please contact:-
Jabatan Perancangan Pembangunan dan Lanskap
Majlis Daerah Kota Tinggi