DCP6203 – LAW AND PLANNING

DIPLOMA OF TOWN AND REGION PLANNING

CIVIL ENGINEERING DEPARTMENT
SESSION JUNE 2018

HISTORY OF TOWN
AND COUNTRY
PLANNING ACT 1976
(ACT 172)
PN.SITI NOORZILAWATI BINTI MINHAD

NAME MATRIC NO
NUR AIN FARHANA BINTI AHMAD ZAIHURI 03DPW16F1013
NUR IZZAH SYAKIRAH BINTI ROSLI 03DPW16F1033
MADINAH BINTI AHMAD 03DPW16F1069
 INTRODUCTION

The Town Planning Act provides a comprehensive overview of

the effectiveness on the early development of the Town
planning Act in Malaysia which began from 1923 until the first
Planning Act after 1923. This chapter will also be touching the
history of Town and Country Planning Act 1976. It also gave
clarification on City planning laws at the constitution stage
federation, organization and administration of Urban planning
at the level federal, state and local. An explanation of the
activities of the Authority Local Local Government Act 1976 is a
body created through the legislation involved in Town Planning
at the local levelas well as the relationship between the Local
Planning Authority.
 2.2.1 HISTORY OF DRAFT NATIONAL PLANNING ACT 1972

03
02 Taking back the
constitutional rights
Overcoming ad-hoc of the Federal and
planning by State Government in
governments and terms of urban
planning.
local authorities. 04
01 Introducing public
participation in
To translate the 5 planning
years Plan and the
New Economic Policy
(NEP) in the form of
fhycisal planning.
05
Improving and
maintaining a
OBJECTIVE OF THIS LAW standard of
living
 4 Types Of Planning Authorities Are Proposed:

01 02 03 04

The National Planning State Planning Foreign Local Regional Planning

Council is established at Authority. The Planning Agency Commission.
the Federal level and Chairman does not from Local
chaired by the Minister. have to be the Chief Authorities (similar
Has the power to appoint Minister or the Chief to Town Planning
the State Planning Officer Minister. It takes Committee in the
and may direct the State control of planning
Government to consult
1923 Enactment).
from the State
the Council while
Authority.
preparing the State
Development Plan.
 3 Types Of Plans

 The Master Plan, a combination of

regional plans and state
development plans.
 Regional Development Scheme
 Development Plan ( Structure and
Local Plan)

Planning control

All development requires permission

Material consideration are justified
The right to receive compensation if the authorization
is not granted or granted provided for new
developments will not be paid if the conditions are:

a) Limiting the number, setting, appearance,

size, design, building materials
b) Arrangement
c) Building and land use
d) Entrance to the highway
e) Pre-development (development priorities,
water/confinement supply)
f) Easy flood
g) The truth was given first
 2.2.2 THE HISTORY OF TOWN AND COUNTRY PLANNING ACT 1976
At the beginning it was
introduced Town and Country
Planning Act 1976 (Act 172)
made in accordance with
Article 76 (4) of the Federal
Constitution for the purpose of
Act 172 obtained the Royal Consent on
ensuring the equality of laws
March 16, 1976 and was gazetted on
and regulatory rules perfect for
March 25 1976. However pursuant to
urban and rural planning within
section 1 (2) of its application in the
the local authority areas in the
country of origin can only be made
States of Peninsular Malaysia.
on a date set by the Authority
State in respect of the consent of the
Minister. The Minister here means the
Minister Cabinet responsible for urban
For Sabah and Sarawak it has and rural planning affairs.
its own planning laws.
Meanwhile for the Federal
Territory of Kuala Lumpur Act
(Planning) Region
Federation of 1982 (Act 267)
is applicable to him.
 2.2.3 HISTORY OF TOWN AND COUNTRY PLANNING ACT AMENDEMENT

A) Town And Country Planning Act (Amendment) 1993 (Act A866)

The Town and Country Planning Act 1976 [Act 172] was amended in 1993 and such
amendment was known by Act A866. This Act is amended by inserting the provisions
relating to sewerage activities so that it is consistent with the Sewerage Services Act 1993
[Act 508] enacted in the same year

B) Town And Country Planning Act (Amendment) 1995 (Act A933)

In 1995, once again the Town and Country Planning Act 1976 [Act 172] was amended to
address the inherent weaknesses of development which neglected the preservation of
the environment in particular relating to tree preservation orders. The entire provisions
relating to this tree preservation order can be seen in the VA Section commencing from
Section 35A to 35H of Act 172
 C) Town And Country Planning Act (Amendment) 2001 (Act A1129)

 In 2001, the Town and Country Planning Act 1976 [Act 172] was amended again and
was known as the Town and Country Planning Act (Amendment) Act 2001 [Act A1129].
It is made to address the problems that arise especially in the property sector and to
establish the role of the Federal Government in the affairs of urban and rural planning
in line with the spirit of shared responsibility provided in the Federal Constitution.

 The Act also contains two new sections namely the Division IIA of the Regional
Planning Committee and Part IIB of the National Physical Plan. The amendment also
introduces several new approaches particularly in the development plan and planning
control in Act 172
 D) Town And Country Planning Act (Amendment) 2007 (Act A1313)

 The Town and Country Planning Act 1976 [Act 172] was amended in 2007 and is known
as the Act A1313. This Act is amended by including provisions relating to managing
solid waste management and public cleansing.

 The purpose of amending subsection 22 (2) of Act 172 is to enable the local planning
authority to take into account the provisions of the Solid Waste and Public Cleansing
Management Act 2007 [Act 672] when managing an application for planning
permission. This Act 672 was gazetted on 30 August 2007.