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Land Planning Permission Malaysia

Every land developer willing to carry out any land development must obtain a land planning permission from the local authority so as to be allowed to carry on the development according to the plans and conditions stipulated in the permission form. This is according to Town and County Planning Act, 1976 (Act 1972) that determines among others, the land size, use, setback, building lines, other proposed use, proposed heights, proposed alignment, width and level of roads and back-lanes, provision of open space and access to community facilities, provision of utilities, and other requirements for any proper kind of development. Basically, the main idea of this jurisdiction is to ensure that there are no irregularities emerging from land use and development by individuals such as traffic jams, pollution, nuisance problems, loss of value or even amenities, floods or effects on the neighborhood and also ensures that the new development is very suitable for occupation. Also checked into is the project’s to improve or  maintain the environment, social economic welfare and more so, comply with all the planning guidelines and standards. You new development must also be vetted to verify whether it has access and complies with all conditions and restrictions of the land title and all other legal requirements.

Now, you will be required to apply for a land planning permission so as to be granted an opportunity to carry out the development on your land. the term “Development” may hereby in Local Planning Authority comprise of any activity done on that particular land such as building demolition, building construction, major renovations to buildings, material change of use of land or building, any engineering works including land formation and road construction, any mining work, industrial works and sub-divisions and amalgamation of land. This therefore is a wide range of development that must be approved by the Land Authority. This process may be too detailed that one may easily confuse or may not be clear on certain matters; in case you do not understand or want clarification on any matters you are advised to contact Development Planning Department, Municipal Council of Penang island for clarifications before executing any material change on the land.

You are therefore required to submit the planning permission application as it is stipulated in the Town and Country Planning Control Rules (General) Act, 1995 having attached your 2 copies of Form A, Application Fee, about 35 copies of Layout plan, valid land title documents, quit rent receipt, one set of JPB/KP forms, land title document and address of adjoining land owners, about 10 copies of your proposed development report (LCP), 2 copies of survey certified plan and a computer – plan tracking system. You should submit your application form to One Stop Centre (OSC), KOMTAR where you will be assisted to make any necessary corrections in your application before it is ready for tabling to the committee for considerations. An agent is therefore very necessary in this process as he will let you go through the whole process so smoothly because they are normally town planners or architects. An agent is able to advise you not only on the planning permission application but also on alternatives developments that are in line with the National Land Code, Land Acquisition Act, Street, Drainage and Building Act and Environmental Quality Act as well as all other by-laws of the land. The agent will also be in a position to explain to you the many questions that you will have all through this process. When your permission is granted you are not allowed to begin development immediately because you need consent and approval from among others such as landscape plan, sewerage plan, earthworks plan and building plan for building works under the street, drainage and buildings act. Though it might take long again, the permission may be revoked in case 12 months are over and no development whatsoever has commenced unless it is extended. Finally, it important to note that, those who evade this process finds themselves in a big trouble of huge penalties and confiscation.

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