the important of the meaning of development

8/12/2019 The Important of the Meaning Of Development

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The important of the meaning of Development in Development Control System

1.0 EmbraceDevelopment is one of the key elements of town planning. Without development,

planning is useless and unprofitable to the people. Humans need to plan thedevelopment of life such as shelter, business and so on. Development is a change thatcan be seen, from the poor to the better and also from the backward to the moredeveloped. Development can be seen in the increase in living standards, the provisionof basic amenities, education and others. Development that occurs will establish amore quality of life in a more comfortable situation.

Development plans play a vital role in the development control system. These plansare type of blue print or backcloth against which an application for planning permissionis determined. The development plans are principally instrumental in guiding futuredevelopment. Development plans are considered as an important tool in translatinggovernment policies into action. The plans are required to be produce on a continuing

basis by the State Director of Town and Country Planning for entire state and the localplanning authority for a local authority area to guide and influence future developmentin the local authority area.

Development plans are principally aimed at enabling the Federal and Stategovernments to assist the local planning authority to produce plans to arrange thedifferent uses of land and to utilize the land efficiently in the best interest of the people.These plans are also intended to provide a logical extension to the socio-economicpolicies of the country as outlined in the countrys Five Year National DevelopmentPlan. The Five Year National Development Plan is basically a broach policy plan. Thispractice is very similar to the United Kingdom, where all developments plans are

permissive, i.e. they lay down policies, aims, objective and goals of developmentrather than prescribed what will be happening in an area. There exist stratifieddevelopment plans starting with the national physical plan and end up with local andspecial area plans. In between we have consultation with the public eventually leadingto decision-making by the government authority.

In term of development control system, local authority play the main role indevelopment plan implementation.The duties of local planning authorities are directedfrom time to time in the administration of State Authority or State Planning Committee.One of those duties is responsibility of preparing the local plan as provided under PartIII of Act 172. Act 172 provides power to come up with local programs and special areaplans that is prepared by local planning authority. Local plan is a comprehensive

document that contains a mop and a complete written statement stating the proposalsof local planning authorities to develop and use the land in the local plan. Although thepreparations of development plans (structure plans and local plans) are submitted tothe State Director of Town and Country Planning Department and also to the localplanning authority, Department of Town and Country Planning Peninsular has theauthority in the implementation of the development plans at present. The organizationhelps the State Director of Town and Country Planning Department and the localplanning authority in coordinating and preparing development plans around PeninsularMalaysia.


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2.0 Definition

In the context of urban planning, development is a key element to ensure that existingplanning is successfully implemented. Based on planning theoretical research, a goodplanning will result a comprehensive development. According to Kamus Dewan(1984), planning carries the meaning of efforts to develop and to expand. It generallymeans that development of any business or activity to create an individual, group ororganization. It is also can be describe as a process by looking at the progression froma simpler or lower individual to an advanced, mature or complex form. Suchdevelopment of land from a vacant land becomes a commercial land which rapidlygrowth. The process of development land was gradual advancement or growth througha series of progressive changes and the result of developing is plainly discernible.

According to the Town And Country Planning Act 1976 (Act 172), Section 2,development means:

..tocarry out any building work, engineering, mining, industrial or any other similar

work, over or under the land, make any changes in the use of any land or land buildingor any part thereof or break or amalgamation of the land and development shall beconstrued accordingly.

(Section 2, Act 172 : 7)

From the above statements, it shows that development component stated in Act 172mentions on subdivision and amalgamation of land, work operations and materialchange of use that is considered as components of development. This means that thedevelopment may occur even though there is no physical works undertaken and landis considered to be developed whether there will be physical changes or not. Forexample, changes in residential to office use is noted as development. As fordevelopment activity that is in the form of operation is responsible to carry out works

including demolition, build, rebuild or extending a building or parts of the building,engineering works, mining, industrial and so on and so forth.

Second component is classified as a development that involves material change of useof buildings or land. Developmenthere does not involve any physical changes on theland or buildings. Instead of that, it merely related to the change of use of land orbuildings. As for an example, a building that is occupied as a dwelling house is beingtransformed into an office without changing the building structure but it is deemed as achange of useand therefore requires planning permission. On the surfaces, it is notall changes are material changes in terms of urban planning and therefore it is notnecessarily considered as development activity. If some changes regarding to the useof land or building that involves minor changes, hence, it is not classified as a material

change in the context of this Act. Changes in the nature of the use of the land orbuildings may also consider as development. There is an example where the use ofthe building changes from residential to business types.

2.1 Definition Of Development ControlDevelopment control is crucial in order to avoid the unnecessary activities that havebeen carried out with impunity, does not take account other interests and createproblems in the planning of the development. Development control is one of thestrategies in implementing PBPT in prosecuting the policies and development plans inconjunction with related communications so as to create a balance developmentparticularly in the aspects of social needs, economic and physical. Developmentcontrol also can be defined as to avoid the conflict of land use, unwise planning andthe changes that are not in line within the administration.


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Lewis Keeble (1961) defined development control as the examination of applicationsfor permission to develop or change the use of land in order to determine whether theyaccord with the proposals of Development Plan sufficiently closely to be permitted orwhere this not arise, whether in terms of the use of land or buildings, they would resultin any public disadvantage or any private disadvantages to the occupiers and users ornearby land and building which ought not to be permitted.

The development control has some restrictions and conditions that have beendetermined by the local authorities on all planning and developments will be morestructured and comprehensive and thus, it will lead to the achievement throughassessments and the maximization the usage of natural resources. In general,development control plays a vital role in ensuring the development of the land that issuitable with human beings needs in order to avoid conflicts and negative impacts inthe future. Therefore, planning for the needs, demands and public interests can beprotected and developed prudently and systematically.

3.0 Method

Control tools are one of the important requirements in the process of deciding planningpermission. In addition, the use of tools is to ensure the development control system tofunction effeciently. Development control tools can be categorized into two types;statutory and non-statutory

i. Statutory Tools

It is a tool created by law and the approval of council members (Bruton, M.J andNicholson, B, 1987). This means, Statutory tools that have been gazette andapproved in accordance with legal procedures. These tools also have the provision ofproper procedures and the fixed approval.

Other than that, the use of formal rights in protest is also to be implemented when theprocess of providing development control tools statutory run. This situation can beexplained further in Section 9 and 13, Act 172 in which publicity (public involvement)should be conducted prior to the structure plan or local plan that has beenimplemented in the area. In general, the statutory tools can be stated as follows:-

a. Development Plan

It is a development plan than has been prepared by the Local Planning Authority forthe area involved in the development plan where it will submit the policies andproposals as the basis for coordinating the decision-making, development programs,public and expenditure including any local planning areas.

b. Parliament Acts

Among the existing legislation is valid and applicable field of planning in the state ofPeninsular Malaysia are Local Government Act 1976 (Act 171), Town and CountryPlanning Act 1976 (Act 172), the National Land Code 1965 (Act 56), the Street,Drainage and Building 1978 (Act 133) and Laws of the Uniform Building 1984.

c. By LawsBy-laws legislative authorities to establish healthy rules to PBPT within theadministration area. Among other purposes are the protection of health, safety andwell-being of local residents. Part XIII, Section 102, Act 171 has explained that PBPTnot only has the power to make by-laws made but also allowed to amend or revoke by-


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laws made in the area. By-laws amended by PBPT also includes various aspects suchas PBPTs budget and account, supervise the maintenance work in LA area, producelicenses and provide public facilities in the area. Among other interests are to regulatethe activities in the areas of administration such as licensing and prohibiting for thepurpose of creating a harmonious and orderly condition.

ii. Non Statutory Tools

Tools of non-statutory are the tools that are not gazette. It is as complement tocontrol equipment Statutory. According to Bruton (1987), most LPA prefer to usethese tools (control equipment non-statutory) because it is more flexible dependingon the issues and problems.

a. Notice of Implementation of the Development Control

Local policy implementation serves to unify the policies and guidelines for localauthorities for the detailed aspects of development control. Some of the tools are the

standards of housing layout, parking, home addition plans, signage and other generalpolicies for development control. It is also part of the existing planning guidelines and itis also acts as complementary to the structure plan and local plan for an area.

b. Development Summary

A summary of development is used as a guideline for the development to be carriedput in an area. It is provided to assist applicants in preparing a planning applicationmore clearly. Some examples of summary of development are concerned with thelocation, ownership, current conditions, constraints and potentials at the site of aninitial assessment of an application to be made. In addition, a summary of the findingsmay also include aspects related to planning and architecture together with the content

where they can vary accordingly.

4.0 Overseas Comparison and examples

According to the Town And Country Planning Act 1990 Section 55 (United Kingdom),development means:

55.(1) Subject to the following provisions of this section, in this Act, except where thecontext otherwise requires, "development," means the carrying out of building, engineering ormining operations in, on, over or under land, including land covered by water, or the use of anyplanning unit for a purpose which differs materially from the purpose for which the land orbuilding or part of a building which now comprises that planning unit was last used prior to its

current use.

According to the Town And Country Planning Act 1976 (Act 172), Section 2,development means:

..tocarry out any building work, engineering, mining, industrial or any other similarwork, over or under the land, make any changes in the use of any land or land buildingor any part thereof or break or amalgamation of the land and development shall beconstrued accordingly.

(Section 2, Act 172 : 7)

5.0 Criticism

6.0 Comment and Suggestion7.0 Conclusion


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The important of the meaning of Development in Development Control System

Table of Content

1.0 Embrace2.0 Definition

2.1 Definition Of Development Control

3.0 Method

4.0 Overseas Comparison and examples

5.0 Criticism

6.0 Comment and Suggestion

7.0 Conclusion

the important of the meaning of development

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