In Malaysia, we have something called the Local Plan which is a detailed interpretation of the Structure Plan. Districts and zones within a city council will be detailed out and be objectified in the area’s development and planning aspects.

Just a quick cut and paste on an important article that came out recently from the Sun Daily:

Important to study draft local lans



 

 

Monday, 07 January 2008

by Derek Fernandez

ON Nov 28, notices appeared in several newspapers informing the public that draft local plans for parts of Petaling Jaya and Subang Jaya were available for comment and objection. The plans cover almost all of Subang Jaya; and Sections 13; SS2-SS9, SS11, SS20-SS26; Section 18, PJS1, PJS6, PJS9, PJS 10 & SS10 and PJU6-PJU9 (Kota Damansara, Bandar Utama, Mutiara Damansara, etc)

These small advertisements have serious implications on the quality of life of residents in the affected areas and it is worth taking time and effort to understand their message to exercise your rights.

The Subang Jaya Municipal Council and the Petaling Jaya City Council have extended the original Dec 28 deadline for public objections and comments to Jan 28 after requests by various residents associations (RAs).

The public notice of these draft plans is in accordance with the Town & Country Planning Act 1976 (TCPA), and represents the government’s commitment to public participation in the planning process and partnership with the people for sustainable development as contained in Local Agenda 21 and the Rio Summit on sustainable development.

These draft plans are long overdue and unsustainable development flourished as a result of a lack of a local plan. Thus, this is the best and biggest opportunity for the public to prevent unsustainable development and a deterioration of their quality of life and value of property.

The older areas of Petaling Jaya (Sections 1-14) had enjoyed a relatively good level of planning by virtue of Rancangan Tempatan Petaling Jaya 1 (RTPJ 1) which came into force on March 13, 2003. During the objection period, more than 10,000 residents represented by associations and their legal advisers made substantial representations and objections to the original draft which was accepted by the authorities. The result is the RTPJ 1 has strict density control and promotion of sustainable development.

In contrast, Kuala Lumpur does not have a local plan (although one is in the pipeline) and this has resulted in increasing conflicts between residents and City Hall. Without a local plan, ad hoc development and the corruption associated with it thrives.

A local plan is a detailed map and written statement which contains the proposal for the use and development of land in an area. It covers issues such as open spaces, densities, intensity of development; environment, infrastructure and many other matters vital to sustainable development at a macro level in a way that will directly affect land owners.

These plans are actually prepared to implement macro planning policies set out in the National Physical Plan, the State Structure Plan and the Regional Plan (called development plans) all of which have been prepared under the Town and Country Planning Act (TCPA).
Consider these laws:

> Section 18 of the TCPA prohibits any land use or erection of a building which is inconsistent with the local plans. Thus, even if land use under the National Land Code allows a piece of land to be used for commercial purposes but where the Local Plan zones it as a playground, it can be used for only a playground. If it was privately-owned, the TCPA provides for land acquisition to implement the Local Plan.      

> Section 19 of the Act prohibits any development without planning approval, which can be given only if consistent with the Local Plan. In the event of inconsistency, the Local Plan overrides any building by-laws.

In voicing views and objections, the following points should be considered:
• Purchase the plan (RM100) and read it carefully.
• Pool resources with your RAs and get experts to explain how the plan affects you and to incorporate your proposals.
• Get access to the Selangor Structure Plan; the National Physical Plan and the Structure Plan for Petaling Jaya and Parts of Klang.
• Comments and objections must be in writing and request for a hearing to elaborate on them further.
• Send objections collectively as it carries more weight. Ideally a master objection document can be drawn up and submitted on behalf of many.
• ‘The Devil is in the detail’. Check that the plan is sufficiently detailed to address your issues with little ambiguity.
• Challenge population assumptions, statistics and projections if they are unreasonable. If the figures and statistics are wrong, the whole planning will be wrong.
• Ensure the plan specifies the maximum density for an area, height and aesthetic control of buildings, plot ratios, setbacks, road widths and parking spaces, and open spaces (not less than 2ha for 1,000 people). There must be suitable buffers and open spaces between commercial and residential areas.
• Ensure air and water quality standards and all federal guidelines on environment and hillslope development are clearly stated and adopted in the plan
Remember, once passed and gazetted the Local Plan becomes law. It will be a great loss if residents do not use this golden opportunity to determine what they want in their neighbourhood.
The cover of the Petaling Jaya Draft Local Plan sums this up: “Petaling Jaya Bandaraya Bestari Milik Semua. THE SUN