Use of land and buildings
Open ↗(1) No person shall use or permit to be used any land or building otherwise than in conformity with the local plan.
(2) Subsection (1) shall not apply to the use of any land or building for the purposes described in paragraph 19(2)(d).
(3) Subsection (1) shall not affect the continuance of the use of any land or building for the purposes for which and to the extent to which it was lawfully being used prior to the date when a local plan first came into effect in the area concerned or, where there has been a change of local plans or in a local plan, the date when the change became effective.
Prohibition of development without planning permission
Open ↗(1) No person, other than a local authority, shall commence, undertake, or carry out any development unless planning permission in respect of the development has been granted to him under section 22 or extended under subsection 24(3).
(2) Notwithstanding subsection (1), no planning permission shall be necessary—
(a) for the carrying out of such works as are necessary for the maintenance, improvement, or other alteration of a building, being works that affect only the interior of the building and do not—
(i) involve any change in the use of the building or the land to which it is attached;
(ii) materially affect the external appearance of the building;
(iii) involve any increase in the height or floor area of the building;
(iv) involve any addition to or alteration of a building that affects or is likely to affect its drainage, sanitary arrangements, or its soundness; or
(v) contravene or involve or result in any inconsistency with any provision in the local plan;
(b) for the carrying out by any authority established by law to provide utilities of any works for the purpose of laying, inspecting, repairing, or renewing any drains, sewers, mains, pipes, cables, or other apparatus, or for the purpose of maintaining or repairing roads, including the breaking open of any road or ground for those purposes;
(c) for any excavation, including excavation of or for wells, made in the ordinary course of agricultural operations in areas zoned for agriculture;
(d) for the use of any land or building for a period not exceeding one month or such further period as the local planning authority may allow for purposes of—
(i) a temporary or mobile cinema, theatre, or show;
(ii) a temporary amusement park, fair, or exhibition; or
(iii) a temporary ceremony or festivity of a religious, social, or other character,
and for any development necessary to give effect to such use;
(e) for the construction or erection on any land of temporary buildings for the accommodation of workers involved in the construction or erection of a building on the land, for which planning permission has been granted;
(f) for the use of any land or building within the cartilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such; or
(g) for the making of such material change in the use of land or building as the State Authority may prescribe to be a
material change for which no planning permission is necessary.
Prohibition of development contrary to planning permission
Open ↗No person shall commence, undertake, or carry out any development otherwise than in conformity with the planning permission granted to him under section 22 in respect of the development or with the conditions of the planning permission.
Duty to consult
Open ↗It shall be the duty of every Federal and State Government department or agency to consult the Committee on any development activity that it proposes to carry out within the State.
Duty to seek advice
Open ↗(1) Without prejudice to section 20A, it shall be the duty of every Federal Government and State Government department or agency to seek advice from the Council on a development proposal relating to—
(a) any coastal reclamation excluding reclamation for the construction of a jetty or beach rehabilitation; and
(b) any construction of a major national infrastructure including—
(i) airports, seaports, inland ports, railway transportation networks, highways, power stations, dams and toxic waste disposal sites; and
(ii) other infrastructure of national interest as determined by the Council.
(2) For the purpose of seeking the advice from the Council under subsection (1), the Federal Government and State Government
department or agency shall submit to the Council the development proposal together with a social impact assessment report and other reports as determined by the Council.
Application for planning permission
Open ↗(1) An application for planning permission in respect of a development shall be made to the local planning authority and shall be in such form and shall contain such particulars and be accompanied by such documents, plans, and fees as may be prescribed.
(2) If the applicant is not the owner of the land on which the development is to be carried out, the written consent of the owner thereof to the proposed development shall be obtained and endorsed on the application.
(3) Where the development involves the erection of a building, the local planning authority may give written directions to the applicant in respect of any of the following matters, that is to say:
(a) the level of the site of the building;
(b) the line of frontage with neighbouring buildings;
(c) the elevations of the building;
(d) the class, design, and appearance of the building;
(e) the setting back of the building to a building line;
(f) access to the land on which the building is to be erected; and
(g) any other matter that the local planning authority considers necessary for purposes of planning.
(4) The applicant to whom any written directions are given under subsection (3) shall amend the plan submitted with his application
accordingly and resubmit the plan within such period or extended period as the local planning authority may specify.
(5) If the plan is not resubmitted within the specified period or extended period, the application for planning permission shall be deemed to have been withdrawn but the applicant may submit a fresh application.
(6) If the proposed development is located in an area in respect of which no local plan exists for the time being, then, upon receipt of an application for planning permission, or, where directions have been given under subsection (3), upon compliance with the directions, the local planning authority shall, by notice in writing served on the owners of the neighbouring lands inform them of their right to object to the application and to state their grounds of objection within twenty-one days of the date of service of the notice.
(7) If objections are received pursuant to subsection (6), the local planning authority shall, within thirty days after the expiry of the period within which objections may be made, hear—
(a) the applicant for planning permission; and
(b) any person who has lodged an objection pursuant to subsection (6) and who, in lodging the objection, has requested a hearing.
(8) In this section, “neighbouring lands” means—
(a) lands adjoining the land to which an application under this section relates;
(b) lands separated from the land to which an application made under this section relate by any road, lane, drain or reserved land the width of which does not exceed 20 metres and which would be adjoining the land to which the application relates had they not been separated by such road, lane, drain or reserved land;
(c) lands located within a distance of 200 metres from the boundary of the land to which an application under this section relates if the access road to the land to which the application relates is a cul-de-sac used by the owners of the lands and owners of the land to which the application relates.
Development proposal report
Open ↗(1) In addition to the documents and plans required to be submitted under subsection 21(1) for planning permission, the applicant shall submit a development proposal report which shall contain the following:
(a) the development concept and justification;
(b) a location map and a site plan;
(c) particulars of land ownership and restrictions, if any;
(d) (i) a description of the land including its physical environment, topography, landscape, geology, contours, drainage, water bodies and catchments and natural features thereon;
(ii) a survey of the trees and all forms of vegetation; and
(iii) particulars of a building,
which may be affected by the development;
(e) a land use analysis and its effect on the adjoining land;
(ea) an analysis of and mitigation measures for the social impact and other impacts as determined by the local planning authority;
(f) layout plans, the details of which are specified in section 21 B ; and
(g) such other matters as may be prescribed by the local planning authority.
(1A) (Deleted by Act A1522).
(2) The State Authority may, by rules, exempt any development or class, type or category of development from submitting—
(a) a development proposal report under subsection (1); or
(b) a development proposal report containing any of the matters specified in paragraphs (1)(a) to (g).
Layout plans
Open ↗(1) The layout plans under paragraph 21A(1)(f) shall show the proposed development and in particular—
(a) where the development is in respect of any land—
(i) measures for the protection and improvement of its physical environment;
(ii) measures for the preservation of its natural topography;
(iii) measures for the improvement of its landscape;
(iv) measures for the preservation and planting of trees thereon;
(v) the location and species of trees with a girth exceeding 0.8 metre and other vegetation thereon;
(vi) the making up of open spaces;
(vii) the proposed earthworks, if any; and
(viii) a description of the works to be carried out; and
(b) where the development is in respect of a building with special architecture or historical interest, particulars to identify the building including its use and condition, and its special character, appearance, make and feature and measures for its protection, preservation and enhancement; and
(c) where the development involves a building operation, particulars of the character and appearance of buildings located in the surrounding area.
(2) The local planning authority may give directions to an applicant for planning permission in respect of matters concerning his layout plans as the local planning authority considers necessary.
(3) The applicant to whom directions are given under subsection (2) shall amend the layout plans accordingly, and resubmit the layout plans within such period or extended period as the local planning authority may specify.
(4) If the layout plans are not resubmitted within the specified period or extended period, the application for planning permission shall be deemed to have been withdrawn but the applicant may submit a fresh application.
Preparation of plan, etc., by a qualified person
Open ↗All plans, particulars, layout plans and other documents required to be submitted under this Act shall be prepared by—
(a) a person whose qualifications are prescribed under paragraph 58(2)(h); or
(b) a person who is entitled to do so under any other written law.
Treatment of applications
Open ↗(1) As soon as possible after the receipt of an application for planning permission, or, if the application is one to which subsection 21(6) applies, as soon as possible after the expiry of the period within which objections may be made or, if objections have been made, as soon as possible after the objections have been dealt with under subsection 21(7), the local planning authority shall decide on the application for planning permission.
(2) In dealing with an application for planning permission, the local planning authority shall take into consideration such matters as are in its opinion expedient or necessary for proper planning and in particular—
(a) the provisions of the development plan, if any;
(aa) the direction given by the Committee, if any;
(b) the provisions that it thinks are likely to be made in any development plan under preparation or to be prepared, or the proposals relating to those provisions;
(ba) the provisions of *the Sewerage Services Act 1993 [Act 508];
(bb) the development proposal report;
(bc) the provisions of the Solid Waste and Public Cleansing Management Act 2007 [Act 672]; and
(c) the objections, if any, made under section 21.
(2A) Where an application submitted under this section involves—
* NOTE—Repealed by Act 655 in respect of its application to Peninsular Malaysia and the Federal territories of Putrajaya and Labuan.
(a) the development of a new township for a population exceeding ten thousand, or covering an area of more than one hundred hectares, or both;
(b) a development for the construction of any major infrastructure or utility; or
(c) a development affecting hill tops or hill slopes, in an area designated as environmentally sensitive in a development plan,
the Committee shall request from the Council its advice on the application submitted.
(2B) For the purposes of subsection (2A), development for the construction of major infrastructure or utility shall include—
(a) national infrastructure works such as airports, seaports, railway lines and highways; and
(b) national utility works such as the erection of dams, main power stations and toxic waste disposal sites.
(3) After taking into consideration the matters specified in subsection (2), the local planning authority may, subject to subsection (4), grant planning permission either absolutely or subject to such conditions as it thinks fit to impose, or refuse to grant planning permission.
(4) The local planning authority shall not grant planning permission if—
(a) the development in respect of which the permission is applied for would contravene any provision of the development plan;
(aa) the development in respect of which the permission is applied for would contravene the provision of paragraph
(2)(aa); or
(b) the applicant for planning permission has neither paid the development charge payable in respect of the development nor obtained the permission of the local planning authority under subsection 34(1) to pay the development charge by instalments.
(5) Conditions imposed under subsection (3) may include any or all of the following conditions, that is to say, conditions—
(a) to the effect that planning permission granted in respect of any change of use of land or building is only for a limited period and that, after the expiry of that period, the use of the land or building as authorized by the planning permission shall cease and the land or building shall be reverted to its original use;
(b) to regulate—
(i) the development and use of any other land under the control of the applicant that adjoins the land in respect of which the planning permission is granted; and
(ii) as may appear to the local planning authority to be expedient for the development for which planning permission is granted, the works that may be carried out on such other land and the manner in which and the extent to which such works may be carried out;
(c) for securing the development of the land in accordance with the approved layout plans;
(d) prohibiting damage to the land, its physical environment, natural topography and landscape;
(e) prohibiting the removal or alteration of any of the natural features of the land;
(f) prohibiting the felling of trees of a certain size, age, type or species at any particular location, unless it is to comply with any written law;
(g) for securing the planting or replanting of trees of a certain size, age, type or species at any particular location in such manner as may be determined by the local planning authority;
(h) for securing the making up of open spaces in accordance with the approved layout plans;
(i) where the development involves the erection of a new building, or the re-erection or extension of a building or part thereof, conditions to ensure its compatibility with the architecture, character or appearance depicted in the buildings located in the surrounding area, which the local planning authority intends to protect, preserve or enhance;
(j) where the development involves any addition or alteration to an existing building with special architecture or historical interest, conditions to ensure that the facade and other external character of the building is retained; and
(k) where the development involves the re-erection of a building with special architecture or historical interest or the demolition thereof and the erection of a new building in its place, conditions to ensure that the facade and other external character of the demolished building is retained.
(5A) It shall be the duty of the local planning authority to ensure where planning permission is granted that a tree preservation order, if any, is complied with.
(6) If planning permission is granted, whether with or without conditions, it shall conveyed to the applicant in the prescribed form and at the same time a notice of the grant thereof shall be given to any person who has made any objection pursuant to subsection 21(6).
Appeal against decision of local planning authority
Open ↗(1) An appeal against the decision of the local planning authority made under subsection 22(3) may be made to the Appeal Board within one month from the date of the communication of such decision to him, by—
(a) an applicant for planning permission aggrieved by the decision of the local planning authority to refuse planning permission or by any condition imposed by the local planning authority in granting planning permission; and
(b) a person who has lodged an objection pursuant to subsection 21(6) and is aggrieved by the decision of the local planning authority in relation to his objection.
(2) In considering an appeal, the Appeal Board shall hear the appellant and the local planning authority.
(3) After hearing the appeal, the Appeal Board may make an order—
(a) confirming the decision of the local planning authority and dismissing the appeal;
(b) allowing the appeal by directing the local planning authority to grant planning permission absolutely or subject to such conditions as the Appeal Board thinks fit;
(c) allowing the appeal by setting aside any planning permission granted; or
(d) allowing the appeal by directing the local planning authority to remove or modify any condition subject to which planning permission has been granted or to replace the condition with such other condition as the Appeal Board thinks fit.
Lapse of planning permission
Open ↗(1) A planning permission granted under subsection 22(3) shall, unless extended, lapse twelve months after the date of the grant thereof if, within that time, the development had not commenced in the manner specified in the planning permission.
(2) Subsection (1) shall not apply to a planning permission that expressly states that the development for which the planning permission is granted does not involve any building operation.
(3) On an application being made in that behalf in the prescribed manner before the planning permission lapses, the local planning authority may, on payment of the prescribed fee, grant an extension or further extension of the planning permission.
(4) A planning permission extended under subsection (3) shall, unless further extended, lapse twelve months after the date of the extension thereof if, within that time, the development had not commenced in the manner specified in the planning permission.
(5) In granting an extension or further extension of a planning permission under subsection (3), the local planning authority may impose such conditions on the planning permission as it thinks fit or vary the conditions originally imposed; and section 23 shall apply with the necessary modifications to the imposition or variation of conditions under this section as it applies to the imposition of conditions under subsection 22(3).
Revocation and modification of planning permission and approval of building plans
Open ↗(1) If it appears to the local planning authority to be in the public interest that a planning permission granted under subsection 22(3) or an approval of a building plan given under any of the previous local government laws should be revoked or modified, the local planning authority may order the permission or approval to be revoked or modified to such extent as appears to it to be necessary.
(2) No revocation or modification under subsection (1) shall have effect until confirmed by the Committee.
(3) An order revoking a planning permission or an approval of a building plan shall state the period within which the person to whom the permission or approval was granted is required to demolish any building erected pursuant to the permission or approval and the maximum amount that the local planning authority is prepared to reimburse the person in respect of costs incurred by him in carrying out the demolition.
(4) If, within the period stated in the revocation order or such longer period as the local planning authority may allow, demolition has not been carried out or completed, the local planning authority may itself and at its own expense carry out or complete the demolition.
(5) If demolition has been completed by the person to whom the planning permission or approval of the building plan was granted, the local planning authority shall reimburse the person the costs actually and reasonably incurred by him in carrying out the demolition, but not exceeding the amount stated in the revocation order.
(6) If demolition has been partially carried out by the person to whom the planning permission or approval of the building plan was granted, but completed by the local planning authority, the local planning authority shall assess the amount that the demolition would have cost had it been carried out entirely by the local planning authority, and determine the amount of the costs actually and reasonably incurred by it in completing the demolition, and shall pay the person by way of reimbursement of his costs the difference between the two amounts or the costs actually and reasonably incurred by the person in carrying out his part of the demolition, whichever is the lesser amount, but in no case shall the local planning authority be bound to pay any amount beyond the amount stated in the revocation order.
(7) If a planning permission or an approval of a building plan is revoked under subsection (1) and the person to whom the permission or approval was granted claims from the local planning authority, within the time and in the manner prescribed,
compensation for any expenditure incurred by him in carrying out works to implement the permission or approval prior to its revocation or modification, the local planning authority shall, after giving the person a reasonable opportunity to be heard, offer such compensation to him as the local planning authority thinks adequate.
(8) Where a planning permission or an approval of a building plan is modified under subsection (1), the local planning authority shall reimburse the person to whom the permission or approval was granted the costs actually and reasonably incurred by him in implementing the modification, being costs that he would not have incurred had the modification not been ordered, and shall compensate him for any loss suffered as a result of the modification.
(9) If any person is aggrieved by the amount of any reimbursement or compensation offered or paid to him under this section, he may, within the time and in the manner prescribed, appeal to the Appeal Board and the Appeal Board shall assess the amount of reimbursement or compensation to be paid.
(10) In subsection (1), “previous local government laws” means the Town Boards Enactments of the Federated Malay States [F.M.S. Cap. 137] and of the States of Johore [Johore En. No. 118] and Terengganu [Terengganu En. 12 of 1355 A.H.], the Municipal Ordinance of the Straits Settlements [S.S. Cap. 133], the Municipal Enactment of the State of Kelantan [Kelantan En. 20 of 1938], the Local Councils Ordinance 1952 [Ord. 36 of 1952], and any other written law replacing any or any part of those laws.
Offences relating to unauthorized development
Open ↗(1) A person who, whether at his own instance or at the instance of another person—
(a) uses or permits to be used any land or building in contravention of section 18;
(b) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, any development in contravention of section 19 or 20;
(c) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, any development where the planning permission or the approval of the building plan, as the case may be, in respect of the development has been revoked pursuant to section 25; or
(d) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, any development after the planning permission or the approval of the building plan, as the case may be, in respect of the development has been modified pursuant to section 25 and the development so commenced, undertaken, or carried out is inconsistent with the modified permission or approval,
commits an offence and is liable, on conviction, to a fine not exceeding *five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both and, in the case of a continuing offence, to a further fine which may extend to **five thousand ringgit for each day during which the offence continues after the first conviction for the offence.
(2) Unless the contrary is proved, the owner of the land in respect of which any act that constitutes an offence under subsection (1) is done shall be deemed to have permitted the doing of that act.
Enforcement in the case of contravention of section 19
Open ↗(1) This section shall apply where it appears to the local planning authority that any development has been or is being undertaken or carried out in contravention of section 19.
* NOTE—Previously “one hundred thousand ringgit”–see the Town and Country Planning (Amendment) Act 1995 [Act A933]. ** NOTE—Previously “one thousand ringgit”–see Act A933.
(2) If the local planning authority is satisfied that, had an application for planning permission or extension of planning permission in respect of the development been made under section 22 or subsection 24(3) before the development was commenced, undertaken, or carried out, it would have, in the proper exercise of its powers under those sections, refused to grant planning permission for the development, then the local planning authority shall—
(a) if the development has been completed, serve on both the owner and occupier of the land a notice in the prescribed form requiring both of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the land be restored as far as possible to the condition it was in before the development was commenced;
(b) if the development has not been completed, serve on the owner of the land and the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring both of them to discontinue the development forthwith and to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the land be restored as far as possible to the condition it was in before the development was commenced.
(3) If the local planning authority is not satisfied as provided in subsection (2), it shall serve on the owner, occupier, or the person who, in the opinion of the local planning authority, is carrying out the development, as the case may be, a notice informing him of the contravention and calling on him to apply for planning permission within the period specified in the notice or within such further period as the local planning authority may allow.
(4) In any case falling under subsection (3), the local planning authority shall also, if the development has not been completed, serve
on both the owner and the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring them to discontinue the development forthwith.
(5) The giving of a notice under subsection (3) shall not be construed as an indication of willingness to grant planning permission and shall be without prejudice to the power of the local planning authority to refuse planning permission, and the notice shall contain a statement to that effect.
(6) Any person who continues to carry out any development after being required to discontinue it by a notice served on him under paragraph (2)(b) or subsection (4) commits an offence and is liable, on conviction, to a fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to **five thousand ringgit for each day during which the development is carried out after the first conviction for the offence.
(7) Sections 21 and 22 shall apply to an application for planning permission under subsection (3), but in addition to any fees prescribed for the purposes of section 21, such further fees as may be prescribed shall be payable in respect of the application.
(8) If no application is made under subsection (3) within the time allowed or if the application is refused, the local planning authority shall serve on the owner, occupier, or the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring any or all of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the land be restored as far as possible to the condition it was in before the development was commenced.
* NOTE—Previously “five hundred ringgit”–see the Town and Country Planning (Amendment) Act 1995 [Act A933]. ** NOTE—Previously “one thousand ringgit”– see Act A933.
(9) Subject to subsection (10), any person who fails to comply with any requirement of a notice under subsection (2) or (8) within the period allowed commits an offence and is liable, on conviction, to a fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to **five thousand ringgit for each day during which the failure is continued after the first conviction for the offence.
(10) No occupier of any land to which a notice under subsection (2) or (8) relates, who is not also the owner of the land, shall be liable to be convicted for an offence under subsection (9) if he proves that the development to which the notice relates was not commenced, undertaken, or carried out, or permitted to be commenced, undertaken, or carried out, by him.
(11) In this section, “development” includes any part or feature of a development.
Enforcement in the case of contravention of section 20
Open ↗(1) This section shall apply where it appears to the local planning authority that any development has been or is being undertaken or carried out in contravention of section 20.
(2) If the local planning authority is satisfied that, had the application for planning permission indicated that the development was to take or result in its present form or state, it would have, in the proper exercise of its powers under section 22, refused to grant planning permission for the development, then the local planning authority shall—
(a) if the development has been completed, serve on both the owner and occupier of the land a notice in the prescribed form requiring both of them to comply, within the period specified in the notice or within such further period as the
* NOTE—Previously “fifty thousand ringgit”– see the Town and Country Planning (Amendment) Act 1995 [Act A933]. ** NOTE—Previously “one thousand ringgit”–see Act A933.
local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the development is brought into conformity with the planning permission and the conditions thereof or, where this is not possible, in order that the land be restored as far as possible to the condition it was in before the development was commenced;
(b) if the development has not been completed, serve on the owner of the land and the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring both of them to discontinue the development forthwith and to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the development is brought into conformity with the planning permission and the conditions thereof or, where this is not possible, in order that the land be restored as far as possible to the condition it was in before the development was commenced.
(3) If the local planning authority is not satisfied as provided in subsection (2), it shall serve on the owner, occupier, or the person who, in the opinion of the local planning authority, is carrying out the development, as the case may be, a notice informing him of the contravention and calling on him to apply for a fresh planning permission in respect of the development, as it is in its present form or state, within the period specified in the notice or within such further period as the local planning authority may allow.
(4) In any case falling under subsection (3), the local planning authority shall also, if the development has not been completed, serve on both the owner and the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring them to discontinue the development forthwith.
(5) The giving of a notice under subsection (3) shall not be construed as an indication of willingness to grant planning permission and shall be without prejudice to the power of the local planning authority to refuse planning permission, and the notice shall contain a statement to that effect.
(6) Any person who continues to carry out any development after being required to discontinue it by a notice served on him under paragraph (2)(b) or subsection (4) commits an offence and is liable, on conviction, to a fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to **five thousand ringgit for each day during which the development is carried out after the first conviction for the offence.
(7) Sections 21 and 22 shall apply to an application for planning permission under subsection (3), but in addition to any fees prescribed for the purposes of section 21, such further fees as may be prescribed shall be payable in respect of the application.
(8) If no application is made under subsection (3) within the time allowed or if the application is refused, the local planning authority shall serve on the owner, occupier, or the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring any or all of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the development is brought into conformity with the planning permission and the conditions thereof or, where this is not possible, in order that the land be restored as far as possible to the condition it was in before the development was commenced.
(9) Subject to subsection (10), any person who fails to comply with any requirement of a notice under subsection (2) or (8) within the period allowed commits an offence and is liable, on conviction, to a
fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to **five thousand ringgit for each day during which the failure is continued after the first conviction for the offence.
(10) No occupier of any land to which a notice under subsection (2) or (8) relates, who is not also the owner of the land, shall be liable to be convicted for an offence under subsection (9) if he proves that the development to which the notice relates was not commenced, undertaken, or carried out, or permitted to be commenced, undertaken, or carried out, by him.
(11) In this section, “development” includes any part or feature of a development.
*NOTE—Previously “fifty thousand ringgit”–see the Town and Country Planning (Amendment) Act 1995 [Act A933]. **NOTE—Previously “one thousand ringgit”– see Act A933.
Enforcement in the case of development that is inconsistent with modified planning permission or approval of building plan
Open ↗(1) This section shall apply where it appears to the local planning authority that any development has been or is being undertaken or carried out after the planning permission or the approval of the building plan, as the case may be, in respect of the development has been modified pursuant to section 25 and the development so undertaken or carried out is inconsistent with the modified permission or approval.
(2) If the local planning authority is satisfied that any part, aspect, or feature of the development that is inconsistent with the modified planning permission or approval of building plan is capable of being modified, added to, or demolished so as to bring about consistency with the modified permission or approval, then the local planning authority shall—
(a) if the development has been completed, serve on both the owner and occupier of the land a notice in the prescribed form requiring both of them to comply, within the period specified in the notice or within such further period as the
local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order to bring about consistency with the modified permission or approval;
(b) if the development has not been completed, serve on the owner of the land and the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring them—
(i) to discontinue all activities forthwith, except those activities that are necessary for complying with the requirements of the local planning authority under subparagraph (ii) and such other activities as may be specified by the local planning authority, until the local planning authority is satisfied that those requirements have been complied with; and
(ii) to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order to bring about consistency with the modified permission or approval.
(3) If the local planning authority is not satisfied as provided in subsection (2), then the local planning authority shall serve on the owner of the land and, if the development has not been completed, on the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the land be restored as far as possible to the condition it was in before the development was commenced.
(4) Subject to subsection (5), any person who fails to comply with any requirement of a notice under paragraph (2)(a),
subparagraph (2)(b)(ii), or subsection (3) within the period allowed commits an offence and is liable, on conviction, to a fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to **five thousand ringgit for each day during which the failure is continued after the first conviction for the offence.
(5) No occupier of any land to which a notice under paragraph (2)(a) relates, who is not also the owner of the land, shall be liable to be convicted for an offence under subsection (4) if he proves that the development to which the notice relates was not commenced, undertaken, or carried out, or permitted to be commenced, undertaken, or carried out, by him.
(6) Any person who continues to carry out any activity after being required to discontinue it by a notice served on him under subparagraph (2)(b)(i) commits an offence and is liable, on conviction, to a fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to **five thousand ringgit for each day during which the activity is so continued after the first conviction for the offence.
*NOTE—Previously “fifty thousand ringgit”–see the Town and Country Planning (Amendment) Act 1995 [Act A933]. **NOTE—Previously “one thousand ringgit”– see Act A933.
Requisition notice
Open ↗(1) If the local planning authority is satisfied—
(a) that any use of land should be discontinued; or
(b) that conditions should be imposed on the continued use thereof; or
(c) that any building or works on any land should be altered or removed,
the local planning authority may, with the approval of the State Authority, by a requisition notice served on the owner of the land—
(i) require the discontinuance of that use;
(ii) impose such conditions for the continued use of the land as may be specified in the requisition notice; or
(iii) require such steps as may be specified in the requisition notice to be taken for the alteration or removal of the building or works;
and the owner shall, within such period as may be specified in the requisition notice, not being less than one month from the date of service of the notice, comply with such requirements or condition.
(2) A person aggrieved by a requisition notice may, within the period stated therein and in the manner prescribed, appeal to the Appeal Board.
(3) If an appeal is filed under subsection (2), the requisition notice shall be suspended until the determination or withdrawal of the appeal.
(4) In considering an appeal under subsection (2), the Appeal Board shall hear the appellant and the local planning authority.
(5) If the owner of the land to which the requisition notice relates has, in consequence of compliance with the notice, suffered damage in the form of a depreciation in the value of the land or incurred expenses or costs in carrying out works in compliance with the notice, he may claim from the local planning authority, within the time and in the manner prescribed, compensation for the damage, expenses, or costs.
(6) If a claim is made under subsection (5), the local planning authority shall, after giving the person making the claim an opportunity to be heard, offer him such compensation as the local planning authority considers adequate.
(7) If the person to whom compensation is offered under subsection (6) is aggrieved by the amount thereof, he may, within the time and in the manner prescribed, appeal to the Appeal Board and the Appeal Board shall assess the amount of compensation to be paid.
(8) A person who fails to comply with a requisition notice served on him under subsection (1) within the period specified therein or, where an appeal has been made under subsection (2), within such period after the determination or withdrawal of the appeal as may be specified by the local planning authority commits an offence and is liable, on conviction, to a fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and, in the case of a continuing offence, to a further fine which may extend to **five thousand ringgit for each day during which the offence is continued after the first conviction for the offence.
*NOTE—Previously “fifty thousand ringgit”–see the Town and Country Planning (Amendment) Act 1995 [Act A933]. **NOTE—Previously “one thousand ringgit”–see Act A933.
Execution by authorized person
Open ↗(1) If any requirement of any notice served under any of the provisions of sections 27, 28, 29 and 30, other than a requirement to discontinue any development or activity, is not complied with within the period specified in the notice or within any further period that may have been allowed by the respective local planning authority, an authorized person may, with or without workmen, enter upon the land to which the notice relates and take such steps as may be necessary to execute the notice, including the demolishing or altering of any building or works and the removal of any goods, vehicles, or things from any building or from the land.
(2) The local planning authority may request the officer in charge of the police district in which the area of the local planning authority is situated to provide police officers to render assistance to an authorized person in taking any action by virtue of subsection (1) and it shall be the duty of the officer in charge of the police district to comply with the request and of the police officers provided in compliance therewith to render such assistance.
(3) The local planning authority may recover the expenses and costs incurred in executing a notice under subsection (1) from the owner of the land to which the notice relates in the manner in which rates are recovered under any written law relating to local government.
*NOTE—Previously “fifty thousand ringgit”–see the Town and Country Planning (Amendment) Act 2001 [Act A1129]. **NOTE—Previously “one thousand ringgit”–see Act A1129.
Inconsistency between building by-laws and development plan
Open ↗Where an inconsistency exists between any building by-laws and a development plan in relation to any policies in that plan—
(a) the development plan shall prevail over the by-laws; and
(b) the approving authority shall apply the provisions of the building by-laws in such manner and to such extent as may be necessary to avoid the inconsistency, but so as to ensure that the standards of building soundness for the safety of the occupants and amenity achieved in respect of the development are as good as can reasonably be achieved in the circumstances.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
