22 The Law Review 2011

Legal Framework for Establishing Regional Planning

Authority for Malaysia
Ainul Jaria Maidin*

Abstract

The idea that local authorities should be the ones determining the affairs of
their local authority areas is an engrained rule in the structure of the Malaysian
style of government. Historically, the local government has been responsible
for shaping the development of urban and rural land use, transportation plans
and various other land development issues within the boundary of its local
authority areas. Recently, concepts such as “smart growth”, “new regionalism”,
“new urbanism” or “metropolitan planning” have been gaining prominence
amongst planners globally and appear to be challenging the local authority’s
decision-making powers. Regional planning has gained prominence since
it promotes effective and efficient use of resources and reduces regional
imbalances and poverty, and achieves sustainable development. The Malaysian
legislature has provided for the legal framework for establishing regional
planning authority principally for purposes of promoting sound growth in
many regions in the country. This paper seeks to analyse the related provision
and the challenges posed to the government in establishing a regional planning
authority and make suggestions to overcome such challenges.

Introduction

The idea that local authorities should be the ones determining the affairs of
their local authority areas is an engrained rule in the structure of the Malaysian
style of government. Historically, the local government has been responsible
for shaping the development of urban and rural land use, transportation
plans and various other land development issues within the boundary of
its local authority area. However, recent innovative concepts such as “smart
growth”, “new regionalism”, “new urbanism” or “metropolitan planning”
that are being promoted have been gaining prominence amongst planners
globally and appear to be challenging the local authority’s decision-making
powers. It is nothing to be alarmed about since the problems of growth and
development in urban and rural regions of the state transcend the boundary
lines of local government units so that no single unit can plan for their solution
without affecting other units in the region. As such, coordination of multi
jurisdictional activities is essential to the development and implementation

* Associate Professor, Public Law Department, Ahmad Ibrahim Kulliyyah of Laws,

International Islamic University. E-mail: ainulj@iium.edu.my.
 Legal Framework for Establishing Regional Planning Authority for Malaysia 23

of effective policies and programmes be it for improving social and economic

development or environmentally sustainable land development activities.

The amendment to the Town and Country Planning Act 1976 in 2001 introduced
Part IIA comprising s 6A to the Act, which empowers the National Physical
Planning Council to establish a regional planning committee for purposes
of coordinating development involving few local authority areas. However,
the analysis of this provision clearly demonstrates that the regional planning
committee is not given any powers to enforce laws within a region.

Through analysis of this provision and its legal and political background, this
article seeks to examine the strengths and weaknesses of the legal framework
providing for establishment of the regional planning committee in promoting
effective regional growth and sustainable development in the regions in
Malaysia as envisaged by the National Physical Plan.

Need for promoting regional planning authority

Regional growth might be guided to make the maximum contribution to the

reduction of poverty and the restructuring of society in the following ways:

• accommodate the natural growth of the region’s population in balanced

urban communities;
• reduce unemployment;
• absorb rural migrants into productive urban activities;
• development; and creating an effective process of continuing planning
activities capable of both directing and responding to social and
economic change;
• create opportunities for Malay ownership and control of industrial and
commercial activities;
• create new forms of racial cooperation in both established and new
urban centres;
• provide better transport facilities, especially public transport while
reducing congestion in Kuala Lumpur;
• improve and extend public services, especially in drainage and sewerage;
• promote greater collaboration between all state and Federal agencies
in guiding and implementing plans.

Reforms to the Malaysian land use planning legal and administrative

framework

The problems of growth and development in urban and rural regions of a

state transcend the boundary lines of local government units so that no single
unit can plan for their solution without affecting other units in the region.
24 The Law Review 2011

As such, coordination of multi-jurisdictional activities is essential to the

development and implementation of effective policies and programmes. The
fact that intergovernmental cooperation is an effective means of pooling the
resources of local government to approach common problems is undeniable.
The assistance of the state is needed to make the most effective use of local,
state, federal, and private plans and programmes in serving the citizens of
such urban and rural regions. The National Physical Planning Council was
established at the Federal Government level consisting of representatives
from various Federal Ministries to be responsible for managing sustainable
land development and related matters.1 These are political arrangements that
allow for the sharing of departmental responsibilities between a number of
Ministries such as the Ministry of Housing and Local Government, the Ministry
of Land and Natural Resources, the Ministry of Works, and a few others to
form a forum at the Federal level to enable the Federal and State government
to coordinate affairs affecting land use planning and development control in
the country generally.

The National Physical Planning Council must be consulted by the state

authorities prior to their embarking on any of the following land development
activities:2

(a) the development of a new township for a population exceeding 10,000,

or covering an area of more than 1,000 hectares, or both;
(b) a development for the construction of any major infrastructure or utility;
(c) a development affecting hill tops or hill slopes, in an area designated
as environmentally sensitive in a development plan.

The function of the National Physical Planning Council amongst others is to

ensure that the town and country planning process will be an effective and
efficient instrument for the improvement of the physical environment which
will be able to promote the achievement of sustainable development in the
country.3 However, the Council must ensure that this process does not conflict
with the policies outlined in the country’s Development Policies. The need to
develop sustainably was outlined in the Second Outline Perspective Plan and
all government’s five year development plans. Section 2A was inserted to the
Town and Country Planning Act 1976 by the latest amendment to the Act4
in order to ensure that the town and country planning process will be able
to assume a more prominent and effective role in promoting environmental
protection. The National Physical Planning Council is required to advise the
Federal Government or the government of any state, on matters relating to

1 Town and Country Planning Act 1976, s 2A(1).

2 Town and Country Planning Act 1976, s 22 (2A)(a), (b) and (c).
3 Town and Country Planning Act 1976, s 2A(2).
4 The section was inserted by the Town and Country Planning (Amendment) Act 2001 (Act
A1129), s 7.
 Legal Framework for Establishing Regional Planning Authority for Malaysia 25

town and country planning as prescribed in the Town and Country Planning
Act 1976 in order to promote sustainable development as well as uniformity
of laws and procedure.

Move to promote regional planning in Malaysia

The development towards promoting regional development is a global

phenomenon since 1960s and Malaysia too does not want to be left out.5
The idea that local authorities should be the ones determining the affairs of
their local authority areas is an engrained rule in the Malaysian government.
Historically, the local government has been responsible for shaping the
development of urban and rural land use, transportation plans and various
other land development issues within the boundary of local authority areas.
Innovative concepts such as “smart growth”, “new regionalism”, “new
urbanism” or “metropolitan planning” that are gaining prominence amongst
planners globally appear to be challenging the local authority’s decision-making
powers. This is not surprising since the problems of growth and development
in urban and rural regions of the state often transcend the boundary lines
of local government areas so that no single area can plan for solutions
without affecting other areas within a region. As such coordination of multi
jurisdictional activities is essential to the development and implementation
of effective policies and programmes be it for improving social and economic
development or environmentally sustainable land development activities.

The need to establish a Regional Planning Authority in Malaysia was first

discussed for the region of Klang Valley that is located in the most active
development area of the country and has undergone development under
various different local planning authorities with different policy objectives.6
The First Klang Valley Study was made by Shankland & Cox Partnership in
December 1972 covering an area of about 1,220 square miles and a population
base of 1.268 million. It provided the first opportunity to relate the social
objectives of the Malaysian Government’s New Economic Policy to the planning
and development of a major urban region in the country. The Plan showed
how regional growth might be guided to make the maximum contribution
to the reduction of poverty and the restructuring of society and including
all of the following:

• accommodate the natural growth of the region’s population in balanced

urban communities;
• reduce unemployment;

5 Ghani Salleh, Urbanisation and Regional Development in Malaysia (Malaysia: Utusan

Publications and Distributors Sdn Bhd, 2000).
6 Majlis Tindakan Ekonomi Negara (National Economic Action Board) decided on June 14,
1999 to create a local authority at the regional level to comprise Kuala Lumpur, KLIA and
Nilai for purposes of coordinating physical development and other related matters within
the proposed region.
26 The Law Review 2011

• absorb rural migrants into productive urban activities;

• development; and creating an effective process of continuing planning
activities capable of both directing and responding to social and
economic change;
• create opportunities for Malay ownership and control of industrial and
commercial activities;
• create new forms of racial co-operation in both established and new
urban centres;
• provide better transport facilities, especially public transport while
reducing congestion in Kuala Lumpur;
• improve and extend public services; especially in drainage and sewerage;
• promote greater collaboration between all State and Federal agencies
in guiding and implementing plans.

The Klang Valley Regional Planning Unit was established to prepare the
Klang Valley Region Perspective Plan to guide the growth within the Klang
Valley region. The Unit was expected to focus on integrated decision making.
However, no strong institutional nor legal framework for the Klang Valley
region existed. This dampened the process considerably despite having
produced two regional plans since its inception.

The Federal Government of Malaysia, sensing similar problems in various

other regions, decided to provide a legal framework for the establishment of
a regional planning authority for various regions throughout the country. The
Federal Town and Country Planning Department was advised to study the
possibilities of establishing regional planning authorities to promote regional
development and reduce regional imbalances. Thus, this culminated in the
insertion of s 6A to the Town and Country Planning Act 1976 that can be
considered as an important development in promoting regional development
in Malaysia.7

The provision provides that the National Physical Planning Council8 at the
Federal Government level can establish a joint board known as a regional
planning committee as the planning authority for the areas or region of any
two or more states as and when the need arises in order to manage the affairs
of a region situated within two or more states.9 The establishment of a regional
planning committee is expedient to provide cohesion in the administration of

7 This Part and section were inserted by the Town and Country Planning (Amendment) Act
2001 (Act A1129), s 11.
8 Provision for establishment of the National Physical Council was introduced with the
insertion of s 2A by the Town and Country Planning (Amendment) Act 2001 (Act A1129),
s 7.
9 Town and Country Planning Act 1976, s 6A(1).
 Legal Framework for Establishing Regional Planning Authority for Malaysia 27

planning functions over a wider area and jurisdiction than that administered
by a local planning authority.10 This is deemed important since the National
Physical Planning Council is entrusted to ensure that the development
within the country is sustainable in all aspects including economic, social
and environment.

The National Physical Planning Council consists of representatives from

various Federal Ministries such as the Ministry of Housing and Local
Government, the Ministry of Natural Resources and Land, the Ministry
of Works, representatives from states and others involved in the land use
planning and development control process. This is a forum at the Federal level
to enable the Federal and state governments to coordinate matters related
to town and country planning, as well as political arrangements that allow
for the sharing of departmental responsibilities between different Ministers.
The function of the National Physical Planning Council amongst others is
to ensure that the town and country planning process will be an effective
and efficient instrument for the improvement of the physical environment
which will be able to promote the achievement of sustainable development
in the country. However, the Council must ensure that this process does not
conflict with the policies outlined in the National Policy. The need to develop
sustainably was outlined in the Second Outline Perspective Plan and all of
the government’s five year development plans.11

The National Physical Planning Council formulated the National Physical Plan
(“NPP”). The NPP is a long-term strategic plan for the period until 2020, that
contains written statement formulating strategic policies for the purpose of
determining the general directions and trends of the physical development
and conservation of Peninsular Malaysia, accompanied by indicative plans.
NPP has been prepared under the provisions of s 6B of the Town and Country
Planning Act 1976. The NPP has been approved by the Cabinet on April 20,
2005 and by the National Physical Planning Council (“NPPC”), chaired by
the Prime Minister, on April 26, 2005.12

Section 6B(5) of the Town and Country Planning Act 1976 provides that: “It
shall be the general duty of the Federal Government and the Government of every State
to assist in ensuring that the objectives of the national physical plan are achieved.”
Accordingly all state governments are expected to help to realise the objectives

10 Town and Country Planning Act 1976, s 6A(1).

11 The Five Year Development Plan for Malaysia has been formulated since achieving
independence. The First Malaysia Plan was formulated in 1965 for the duration from
1966–1970. (The Second Malaysia Plan, 1971–1975; The Third Malaysia Plan, 1976–1980; The
Fourth Malaysia Plan, 1981–1985; The Fifth Malaysia Plan 1986–1990; Sixth Malaysia Plan,
1991–1995; The Seventh Malaysia Plan, 1996–2000; The Eighth Malaysia Plan, 2001–2005);
and the Ninth Malaysia Plan, 2006–2010).
12 http://www.npptownplan.gov.my/index.php?module=ContentExpress&func=display&ce
id=13, accessed on November 20, 2006.
28 The Law Review 2011

outlined in the NPP. The goal of the NPP is to create an efficient, equitable
and sustainable national spatial framework to guide the overall development
of the country towards achieving a competitive developed nation status by
2020.13 The objectives of the National Physical Plan are as follows:

• to rationalise national spatial planning for economic efficiency and

global competitiveness;
• to optimise utilisation of land and natural resources for sustainable
development;
• to promote balanced regional development for national unity;
• to secure spatial and environmental quality and diversity for a high
quality of life.

This is in line with the ideology of the post independence Malaysian planning
law which aims at regulating and securing the most efficient and effective use
of land taking into account public interest, though not entirely at the expense
of the individual, particularly in the wake of the increasing demand of the
urban population. Most importantly is the underlying philosophy that land
use planning must in the first place fulfil national integration which is an
essential requirement for a plural society like Malaysia. This philosophy has
been put into effective practice by not only taking the various regional and
local land policies into account but also by integrating those policies to form an
integral part of the general schema of the national land use planning system.

The National Physical Plan, besides addressing the issue of the country’s
need for global competitiveness, is also required to address the issue of
regional imbalance. Regional balance is, therefore, interpreted as equal access
to equitable levels of real income and personal development opportunities
and not necessarily as equal opportunity to the same forms of development.
Land and natural resources of the less developed regions, which still remain
not fully utilised, should be further used to increase the productivity of these
regions and, therefore, help to reduce regional imbalances. Resource-based
industries, forestry-based activities and industries, downstream agriculture-
based activities, resort tourism, in particular eco-tourism, craft-based industries
and other niche activities—in other words economic activities that are not
subject to the same degree of global competition as the activities that are being
attracted to the conurbations should be directed to the less developed regions.

The National Physical Plan provides the basis for the National Physical Planning
Council to establish regional planning committees for regions in Peninsular
Malaysia for purposes of promoting a balanced regional development for

13 Federal Department of Town and Country Planning Malaysia, National Physical Plan Malaysia,
http://www.npptownplan.gov.my/index.php?module=ContentExpress&func=display&ce
id=14, accessed on November 20, 2006.
 Legal Framework for Establishing Regional Planning Authority for Malaysia 29

national unity. Though a committee has yet to be established, the Plan has
identified one national conurbation area comprising Kuala Lumpur–Klang
Valley, and Seremban.14 The creation of three other conurbations, the first is
the George Town, Kulim, Sungai Petani and North Perak conurbation, second
is the Johor Bahru, Pasir Gudang and Tanjung Pelepas conurbation and the
last is the Kuantan and Kemaman conurbation is also being proposed. Policy
No 10 of the National Physical Plan provides that the growth of the four main
conurbations of Kuala Lumpur, George Town, Johor Bahru and Kuantan
shall be supported with the relevant infrastructure, and complete facilities
to meet the needs of the manufacturing industry, ICT, tourism, health and
biotechnology.

Legal framework for establishing regional planning authority

The National Physical Planning Council can establish a joint board known as a
regional planning committee as the planning authority for the areas or region
of any two or more states as and when the need arises in order to manage
the affairs of a region situated within two or more states.15 The establishment
of the committee can be made after consultation with the Federal and state
authorities of the affected areas. The Act has failed to prescribe any particular
mode of consultation. However consultation may often be a continuous process
where the Federal and state government may consult the committee as and
when the need arises. The establishment of the regional planning committee
is aimed at providing cohesion in the administration of planning functions
over a wider area and jurisdiction than that administered by a local planning
authority. The National Physical Planning Council has discretionary powers
in establishing the regional planning committee after consultation with the
Federal and state government. The Minister for Housing and Local Government
is the Minister responsible for matters related to town and country planning.

The membership of the regional planning committee consists of,16 a chairman,

who is appointed by the Prime Minister; six persons representing the Federal
Government, at least four of whom must be public officers, appointed by the
Minister; not more than four persons representing the government of each of
the states within the region, appointed by the state authority, one of whom
must be the state director; the president of every local planning authority
within the region if such authority is a local authority. A secretary for the
regional planning committee will be appointed by the Director General of
Town and Country Planning.17

The functions of the regional planning committee are as follows:18

14 An area within 45 km radius from workplace to town centre.

15 Town and Country Planning Act 1976, s 6A(1), (2).
16 Town and Country Planning Act 1976, s 6A(3).
17 Town and Country Planning Act 1976, s 6A(4).
18 Town and Country Planning Act 1976, s 6A(5).
30 The Law Review 2011

• to advise and assist the state planning committees and the local planning
authorities within the region pertaining to the development plans
appropriate for the region, in accordance with the national policy;
• to establish policies and to devise a comprehensive regional plan to
guide and coordinate development of the region;
• to plan and coordinate the provision of infrastructure and facilities for
the region;
• to establish uniform process and procedures to be used by the Federal
Government and the state governments and local authorities concerned
for the region;
• to monitor the implementation of standards, guidelines and procedures
in facilitating the development of the region; and
• to conduct research required for the planning of the region.

Challenges in establishing regional planning authority

There are various challenges posed to the government in establishing a Regional

Planning Authority in Malaysia that will be able to effectively manage the
affairs of a particular region. The followings are some of the pertinent issues
that need serious attention.

Jurisdictional conflict between authorities involved in executing planning

functions

At present there are three different authorities empowered at different

strategic levels to manage and administer the land use planning matters as
provided by the Town and Country Planning Act 1976.19 The organisations
are, the National Physical Planning Council at the Federal Government
level, the state planning committee at the state level and the local planning
authority at the local level. Subject to clauses (5) and (6) of Article 91 of the
Federal Constitution of Malaysia, the state authority shall be responsible
for the general policy in respect of the planning of the development and
use of all lands and buildings within the area of every local authority in the
state.20 This is principally due to the delineation in the Federal Constitution
of Malaysia 1957 of the responsibilities and jurisdiction of the Federal and
state governments accordingly by itemising and classifying the matters into
three different Lists.21 This is necessary to assure the sovereign Malay states

19 Town and Country Planning Act 1976, Parts II and IIA.

20 Town and Country Planning Act 1976, s 3.
21 “Federal List”, which is the First List set out in the Ninth Schedule to the Constitution, being
the list enumerating the matters with respect to which Parliament may make laws; State
List which is the Second List set out in the Ninth Schedule to the Constitution, being the
list enumerating the matters with respect to which a state legislature may make laws, and
Concurrent List which is the Third List set out in the Ninth Schedule to the Constitution.
 Legal Framework for Establishing Regional Planning Authority for Malaysia 31

that are used to administering their respective state affairs that that their
powers will not be usurped by the Federal Government. This is the essence of
federalism that has been described as “the establishment of a single political
system, within which, general and regional governments are assigned to
coordinate authority such that neither level of government is legally or
politically subordinate to the other”.22

The town and country planning matters are listed in the Concurrent List in the
Federal Constitution of Malaysia 1957, being the list enumerating the matters
with respect to which both Parliament and a state legislature may make laws.
As such both the Parliament and state legislature have discretion to make laws
relating to town and country planning.23 The Town and Country Planning
Act 1976 will only be applicable in a state when it is adopted in accordance
with the prescribed procedure. The state authority has discretion in deciding
as to when and which part in a state or local planning authority area the Act
may come into operation. Thus, it may not be possible to include the local
planning authorities that have yet to gazette the adoption of the provisions of
the Town and Country Planning Act 1976 providing for establishment of the
regional planning committee in the collaboration. This may pose difficulties
in arranging the sharing of power among the local planning authorities that
are within a region but have yet to adopt the relevant provision.

The local authority is established at the discretion of the state authority in

consultation with the Minister and Secretary of the Election Commission, who
may declare any area in the state, and notify the declaration in the Gazette, to
be a local authority area, assign a name to such area, define the boundaries
of the area and determine the status of the local authority as to whether it is
a municipal or district council.24 The local authority is vested with powers to
plan and control development activities in its local authority area by virtue of
s 6 of the Town and Country Planning Act 1976. The state authority assumes
a vital role in determining and/or altering the status of any local authority
areas, and by notification in the state Gazette may, extend the application
of the Local Government Act 1976 or any by-laws made thereunder to any
non-local authority areas The local authority can only act according to what
is expressly or impliedly authorised or permitted by the Local Government
Act 1976. Any act of the local authority proven to be not within the ambit of
the statute, can be declared to be ultra vires.25

22 Watts, R  L, New Federations: Experiments in the Commonwealth (Oxford: Clarendon Press,

1966), p 13.
23 Federal Constitution 1957.
24 Local Government Act 1976 (Act 171), s 3.
25 See generally, Datuk Bandar Kuala Lumpur v Zain Azahari Bin Zainal Abidin [1997] 2 MLJ 17,
where the Court of Appeal indicated that: “[A] public decision-maker … upon whom a
power or discretion is vested by Parliament is akin to a trustee. He is under obligation to
exercise it reasonably and in accordance with the terms of the relevant statute that confers
the power or discretion”.
32 The Law Review 2011

The local planning authority being vested with wide discretionary powers
to execute its planning functions effectively has wide discretionary powers
including regulating, controlling and planning development and use of all
lands and buildings in its local authority area including those assigned by
the state authority or the state planning committee.26 However, its powers
are not absolute and subject to control by the state authority.27 In respect of
any area in a state that does not form part of a local authority area, the state
director for town and country planning will be appointed to be the local
planning authority28

The establishment of a Regional Planning Authority may not be well accepted

by local planning authorities for fear of having to surrender their powers to
the Regional Planning Authority. This is an important issue that needs to be
seriously considered. The state authority and the local planning authorities
having been used to administering the land use planning and development
control process for decades may not be inclined to consent to the creation
of a regional planning authority for fear of having to share the existing
resources and opportunities within their areas with other local authorities
from different states. Prejudices and fear on the part of the local authorities
that lack resources of having to be subservient to the affluent local planning
authorities is another issue that may promote defiance.

The legal powers of the regional planning authority

Laws, statutes and ordinances are the tools that planners use to help
communities bring their common goals to implementation. The regional
planning authority that is to be established must be given power to effectively
manage the affairs of the region. The present legal framework providing
for the establishment of the regional planning authority merely confers
consultative powers and no authority whatsoever on the committee. In order
for the committee to function effectively, it must be given the authority to
implement and enforce proper planning regulation. Merely establishing a
regional planning committee with consultative and advisory powers may
not be able to achieve the desired results.

The fact that certain matters are effectively handled at local level must not be
ignored. The role of the local planning authority is no less important in the

See also Yian Sdn Bhd v Datuk Bandar Kuala Lumpur & Anor [1999] 3 MLJ 685, where the
decision in Datuk Bandar Kuala Lumpur v Zain Azahari Bin Zainal Abidin [1997] 2 MLJ 17, CA,
was followed. See also Majlis Perbandaran Seberang Perai v Tropiland Sdn Bhd [1996] 3 MLJ
94. In Pengarah Tanah dan Galian Wilayah Persekutuan v Sri Lempah Enterprise Sdn Bhd [1979]
1 MLJ 135, the court was faced with the task of setting the limits to the powers vested in
the Mayor of the Federal Territory of Kuala Lumpur and planning authorities in the other
states in Peninsular Malaysia.
26 Town and Country Planning Act 1976, s 6(1).
27 Town and Country Planning Act 1976, s 3.
28 Town and Country Planning Act 1976, s 5
 Legal Framework for Establishing Regional Planning Authority for Malaysia 33

circumstances. However, the regional planning authority assumes a broad

comprehensive community planning function. As such it can only function
effectively if there are coordination and effective participation between all
administrative levels, sectors, the general public, NGOs and industries. The
other issue is financing and who is responsible for providing what resources
towards the successful establishment of the regional planning authority.
Financial matters usually assume an important role in any arrangements
involving a number of different authorities. In Malaysia for instance, division
of powers between the Federal and state governments is jealously guarded by
the state. The Federal Government is able to exercise some control by providing
funding incentive to the state. Thus, the Federal Government can consider
increasing the existing funding incentives to prompt the state authority to
surrender some powers especially those related to the sectors that can be
improved by coordination between the different local planning authorities such
as transport, flood mitigation, avoiding overcrowding and traffic congestion,
development of more squatter areas, pressure on basic amenities, uncontrolled
speculation on costs of land and housing, environmental degradation, and
dominance of a selected ethnic group in physical space.

Way forward

It is not an easy task to overcome the barriers posed by “home-rule” to promote

regional cooperation. In Malaysia, the present constitutional arrangement
makes it extremely difficult to establish a regional authority that can help
promote efficient and effective regional growth since it cannot be given legal
powers and sanctions to administer the regional matters. The following
suggestions are proposed to help overcome the tension between “home-rule”
and establishing of a regional authority in Malaysia.

Looking for suitable model from overseas experiences

It would be useful to study the experiences in other countries such as the

United Kingdom (London boroughs), Canada (Toronto), France (Paris),
USA (New York) and many more to produce a best practicable model for
Malaysia. Perhaps Malaysia should research other methods of gaining local
authority support for regional planning beyond the incentives to increase the
coordination of planning in various regions across the country.

The Greater London Authority (GLA) was established in 2000. It covers the
32 London boroughs and the Corporation of London. It is made up of a
directly elected Mayor and a separately elected Assembly. The Greater London
Authority Act 1999 places responsibility for strategic planning in London on
the Mayor, and requires him to produce a Spatial Development Strategy for
London that is called the London Plan. The London Plan prepared by the
Mayor of London in the United Kingdom is a planning document published
by the Greater London Authority. The plan was first published in final form on
February 10, 2004 and has since been amended. The plan replaced the previous
strategic planning guidance for London issued by the Secretary of State and
34 The Law Review 2011

known as RPG3. It is a requirement of the Greater London Authority (GLA)

Act 1999 that the document is produced and that it deals only with matters
that are of strategic importance to Greater London. The Act also requires that
the London Plan includes in its scope:29

• the health of Londoners;

• equality of opportunity;
• contribution to sustainable development in the United Kingdom.

The plan is a spatial development strategy for the Greater London area and
has six objectives:

1. To accommodate London’s growth within its boundaries without

encroaching on open spaces.
2. To make London a better city for people to live in.
3. To make London a more prosperous city with strong and diverse
economic growth.
4. To promote social inclusion and tackle deprivation and discrimination.
5. To improve London’s accessibility.
6. To make London a more attractive, well-designed and green city.

The London Plan replaces existing strategic guidance, and boroughs’ local
plans must be in “general conformity” with it. The required content of the
London Plan is set out in the Act, supplemented by a government guidance
note (Circular 1/2000). The Mayor is also required to produce other strategies
for London. Each must be consistent with the others and the London Plan acts
as the spatial framework integrating all. Each must take on board national
policies and international obligations, and take account of three crosscutting
themes: the health of Londoners; equality of opportunity; its contribution
to sustainable development in the UK. The London Plan is required to take
account of the European Spatial Development Perspective and other EU
directives. It is a statutory requirement that the draft London Plan undergo
a “sustainability appraisal”.

The Greater London Authority Act 1999 is a good model for Malaysia to
study the establishment of the planning authority for Greater London where
it coordinates the development of two international centres, the West End
and Knightsbridge; 10 metropolitan centres such as Bromley, Croydon,
Sutton and Romford; 35 major centres such as Brixton, East Ham, Orpington
and Woolwich; and 156 district centres such as Hornchurch, Penge, Stoke
Newington and Welling. Over 1,200 smaller neighbourhood and local centres
are also identified in the plan.

29 Greater London Authority Act 1999, Part II.

 Legal Framework for Establishing Regional Planning Authority for Malaysia 35

Vesting regional planning authority with legal powers

Any regional planning authority can function effectively to achieve the

objectives of a regional plan if it is vested with legal powers and sanctions to
promote and ensure compliance on the part of its members. A body without
any legal powers to implement law, policy and enforce offences may not be
able to effectively achieve the desired results. The various local planning
authorities and state authority which come under the jurisdiction of the
regional planning authority may not be willing to surrender their powers
to the regional planning authority. They may continue with their existing
development strategies for their respective areas without considering the
need to promote development that meets the regional requirements.

The state authorities in Malaysia, having been used to being in control or in

charge of land use planning and development control activities within their
boundaries, may be reluctant to surrender their powers to a new organisation
established by the Federal Government. It may be necessary to amend the
Federal Constitution of Malaysia 1957 to include a provision on creation of
a regional planning authority to be responsible for regional development
planning. However, this may not materialise in the near future owing to the
states’ reluctance to surrender any power over administration of land and land
use planning matters within their jurisdiction to any authority established by
the Federal Government. The Federal Government can make this possible by
providing incentive funding to the states and convincing them to surrender
some of their powers in relation to land use planning and development control
to the regional planning authority.

It is suggested that the Malaysian government study the workings of regional

planning authorities in other countries to find a workable model. Regional
planning while retaining individual local planning authority power is a
difficult task that has been made more positive with incentive funding in many
countries. This means incurring of heavy financial commitments on the part of
the Federal Government. The state authorities may be persuaded to surrender
some of their powers relating to land use planning and development control
to the regional planning authority with incentive funding.

Prepare guidelines for managing regional planning affairs

It would be useful to prepare guidelines setting out the entire process of

establishing the regional planning authority, the powers, finance, and the areas
covered. The main strategy of regional development plans must outline the
location, quantum, and phasing of future development, the detail of transport
plans, retail development and policies for development in rural areas. The key
objective is to secure a strategic and phased approach to zoning which will
facilitate efficient and coordinated infrastructure provision. RPGs are a key
enabler for the preparation of core strategies because they translate overall
national and regional population targets and estimates of future housing
requirements into city and county council figures.
36 The Law Review 2011

The planning system guides the future development and use of land in cities,
towns and rural areas in the long term public interest. The aim is to ensure
that development and changes in land use occur in suitable locations and
are sustainable. The planning system must also provide protection from
inappropriate development. Its primary objectives are:

• to set the land use framework for promoting sustainable economic

development;
• to encourage and support regeneration; and
• to maintain and enhance the quality of the natural heritage and built
environment.

Development and conservation are not mutually exclusive with differing

objectives; the aim is to resolve conflicts between the objectives set out above
and to manage change. Planning policies and decisions should not prevent
or inhibit development unless there are sound reasons for doing so. The goal
is prosperous and socially just regions in Malaysia with a strong economy,
homes, jobs and a good living environment for everyone.

The purpose of the planning system is to guide change through an efficient

and effective process that respects the rights of the individual while acting in
the interest of the wider community. Effective planning involves partnership
working, community involvement and dialogue and negotiation with
developers to enable a high quality of development on the ground. Planning
is a flexible tool which is well placed to coordinate a wide range of activities
relating to development, regeneration and the environment, both within the
public sector and working with the private and voluntary sectors. Involving
local communities, business interests, amenity organisations and others is
essential to help shape sustainable regions in Malaysia.

Enabling sustainable development requires coordinated action, combining

economic competitiveness and social justice with environmental quality and
justice. Policies and actions of the public, private and voluntary sectors should
support and encourage sustainable development. The planning system is
important as a means of integrating policies and decision making through
its influence over the location of development and other changes in the way
land is used. In particular regional planning should encourage sustainable
development by:

• promoting regeneration and the full and appropriate use of land,

buildings and infrastructure;
• promoting the use of brownfield (developed land) and minimising
intrusive development of greenfield (undeveloped land);
• conserving buildings and sites that have historic and cultural value;
• protecting and enhancing areas for recreation and natural heritage;
 Legal Framework for Establishing Regional Planning Authority for Malaysia 37

• supporting better access for walking, cycling and coordinated public

transport, to reduce use of personal transport that jams the roads;
• encouraging energy efficiency through the layout and design of built
environment;
• identifying the lifecycle of a development from the planning stage to
avoid surplus of buildings and unnecessary developments; and
• encouraging prudent use of natural resources.

Development plan policies should address sustainable development at the

local level whilst reflecting national and international goals. Both the short-
term and the long-term consequences of policies must be considered from
the outset. Planning decisions should favour the most sustainable option,
promoting development that safeguards and enhances the long-term needs
of the economy society and the environment. When conflicts between the
objectives inevitably arise decisions should be taken in line with local priorities
and needs as identified in the development plan. All relevant issues must be
considered together before a decision is made, looking at long-term implications
as well as short-term effects. Some types of development, such as mineral
and coal workings, although raising significant environmental issues, are
necessary and important in the national interest. In such situations every effort
should be made to offset the negative impacts of the development. Sustainable
development promotes the right to a healthy and safe environment. Citizens
must be educated to participate effectively in the planning decision-making
process that has an impact on various aspects of the lives.

Sample Regional Planning Committee Rules

Rules relating to regional planning; the composition of the regional planning

management committee; providing for the creation of the Klang Valley region
Regional Planning Committee; establishing a governing board; prescribing
the powers and duties of the Board; establishing a technical committee; and
providing other matters properly relating thereto.

Rules made by the National Physical Planning Council pursuant to the powers
conferred by s 58(1A) of the Town and Country Planning Act 1976 (Act 172)
Rule 3. Definitions

In this Act, unless the context otherwise requires:

“Board” means the governing body of the Klang Valley Regional Planning
Committee.

“Committee” means the Klang Valley Regional Planning Committee created

pursuant to section 6 of the Town and Country Planning Act 1976.

“Council” means the National Physical Planning Council established under

section 2A of the Town and Country Planning Act 1976;
38 The Law Review 2011

“Technical Committee” means the technical committee created pursuant

to this rule.

“Director General of Town and Country Planning” means the Director

General of Town and Country Planning whose functions are set out primarily
in section 2B of the Town and Country Planning Act 1976

“local authority” means any city council, municipal council, municipality,

district, town council, town board, local council, rural board, or other similar
authority established by or under any written law;

“local planning authority”, in relation to an area, shall be construed as

provided in section 5 of the Town and Country Planning Act 1976 and, in
relation to any land or building, means the local planning authority, as so
construed, for the area in which the land or building is situated;

“national physical plan” means the physical plan covering Peninsular

Malaysia prepared and approved under section 6B of the Town and Country
Planning Act 1976;

“local plan”, in relation to an area, means the local plan for the area, and
any alteration of the plan, for the time being having effect in the area by
virtue of subsection 15(1) of the Town and Country Planning Act 1976; and,
in relation to any land or building, means the local plan, as so defined, for
the area in which the land or building is situated; and “draft local plan”
shall be construed as the context requires;

“State Director”, in relation to a State, means the Director of Town and

Country Planning Department of a State established pursuant to section of
Town and Country Planning Act 1976;

“structure plan”, in relation to an area, means the structure plan for the
area, and any alteration of the plan, having effect in the area by virtue of
subsection 10(6) of the Town and Country Planning Act 1976; and, in relation
to any land or building, means the structure plan, as so defined, for the area
in which the land or building is situated; and “draft structure plan” shall
be construed as the context requires;

Rule 4.

Subject to Clauses (5) and (6) of Article 91 of the Federal Constitution of

Malaysia, the State Authority shall be responsible for the general policy in
respect of the planning of the development and use of all lands and buildings
within the area of every local authority in the State; and the State Authority
may, in or for the purpose of discharging the responsibility of the State
Authority under section 3 of the Town and Country Planning Act 1976, from
time to time give to the Regional Planning Committee directions of a general
character not inconsistent with the provisions of the Town and Country
Planning Act 1976, and the Committee shall give effect to such directions.
 Legal Framework for Establishing Regional Planning Authority for Malaysia 39

Rule 5. Establishment of Regional Planning Committee by the National

Physical Planning Council

(1) The Council may from time to time, after consultation with the State
Authorities concerned, establish a regional planning committee for a
region which consists of an area situated in two or more States.
(2) For the purpose of sub rule (1), the Minister shall cause the fact of the
establishment of a regional planning committee to be published in the
Gazette together with the marking by which the boundary of the region
for which the committee is established may be identified.
(5) The functions of the regional planning committee shall be ¾
(a) to advise and assist the State Planning Committees and the local
planning authorities within the region pertaining to the development
plans appropriate for the region, in accordance with the national
policy;
(b) to establish policies and to devise a comprehensive regional plan
to guide and co-ordinate development of the region;
(c) to plan and co-ordinate the provision of infrastructure and facilities
for the region;
(d) to establish uniform process and procedures to be used by the
Federal Government and the State Governments and local authorities
concerned for the region;
(e) to monitor the implementation of standards, guidelines and
procedures in facilitating the development of the region; and
(f) to conduct research required for the planning of the region.
(6) The regional planning committee shall furnish the Council or Committee
with such returns, reports and information relating to its activities as
the Council or Committee may from time to time require.
(7) The regional planning committee shall determine its own procedure.
Rule 6. Creation and composition

The Klang Valley Regional Planning Committee is hereby created, consisting

of Kuala Lumpur City Council, City Council of Shah Alam, City Council of
Petaling Jaya, Municipal Council of Selayang, Municipal Council of Klang,
Municipal Council of Kajang, Municipal Council of Subang Jaya, and the
Municipal Council of Ulu Langat.

Rule 7. Membership of the Regional Planning Committee

The regional planning committee shall consist of ¾

(a) a Chairman, who is appointed by the Prime Minister;

(b) six persons representing the Federal Government, at least four of whom
shall be public officers, appointed by the Minister;
40 The Law Review 2011

(c) not more than four persons representing the Government of each of the
States within the region, appointed by the State Authority, one of whom
shall be the State Director; and
(d) the President of every local planning authority within the region if such
authority is a local authority.
Rule 8. Secretariat for Regional Planning Committee

There shall be a Secretary for the regional planning committee to be appointed

by the Director General of Town and Country Planning.

Rule 9. Governing Board: Membership; terms and replacement of

members

1. The Committee must be governed by a Board consisting of 20 members.

2. The members of the Board must be appointed as follows:
(a) Two members appointed by the City Council of Kuala Lumpur;
(b) Two members appointed by the City Council of the City of Shah
Alam;
(c) Two members appointed by the City Council of the City of Petaling
Jaya;
(d) Two members appointed by the Municipal Council of Selayang;
(e) Two members appointed by the Municipal Council of Subang Jaya;
(f) Two members appointed by the Municipal Council Ulu Langat
(h) Two members appointed by the Municipal Kajang
(i) Two members appointed by the Municipal of Klang;
(j) Two members appointed by the Federal Department of Town and
Country Planning;
(k) One member appointed by the Treasury; and
(l) One member appointed by the Prime Ministers Department.
3. The term of each member of the Board is coterminous with his term of
elected office unless the public entity that appointed him revokes his
appointment to the Board.
4. If a member is unable to serve for the duration of his term or has his
membership revoked, his position becomes vacant. A vacancy on the
Board must be filled by the authority which was entitled to appoint the
member whose position is vacant. A vacancy must be filled within 45
days after the departure of the member. The term of a member appointed
by the Board to fill a vacancy is the remainder of the term of the member
whose position is vacant.
 Legal Framework for Establishing Regional Planning Authority for Malaysia 41

Rule 10. Governing Board: Meetings; quorum; voting

1. The Board shall meet once every 2 months at a time and place designated
by the Chairman of the Board. The Board may hold special meetings as
often as the needs of the Board require, upon notice to each member of
the Board.
2. The Board shall provide notice of a meeting in the manner prescribed.
3. Except as otherwise provided in sub rule 4:
(a) A majority of the members of the Board constitutes a quorum; and
(b) All actions must be adopted by at least a majority of the members
present and constituting the quorum at such a meeting.
4. The affirmative vote of at least two-thirds of the members of the Board
is necessary to pass an action relating to:
(a) A budgetary matter or a matter which involves an expenditure of
public money; or
(b) A contract or other instrument that creates a binding legal obligation
on a public entity.
Rule 11. Governing Board: Election of officers; terms of initial officers

1. The Board shall elect a Chairman and Vice Chairman from its membership
at the first meeting of each calendar year.
2. The term of the initial Chairman and Vice Chairman expires on the date
on which the first meeting is held in the year .
Rule 12. Governing Board: Rules for management; annual budget

The Board shall:

1. Adopt rules or bylaws that govern its management and affairs, including,
without limitation, rules or bylaws pertaining to the attendance of
members of the board at meetings of the Board.
2. Prepare and adopt an annual budget.
Rule 13. Governing Board: Employment and duties of staff

The Board may employ such professional, technical and support staff as it
deems necessary and shall prescribe specific duties for such staff.

Rule 14. Governing Board: General duties

The Board shall:

1. Consult with and request recommendations from a regional organization,

governmental agency or other public entity that may be affected by a
decision of the Board; and
2. Take all other actions necessary to carry out the provisions of this rule.
42 The Law Review 2011

Rule 15. Technical Committee: Creation; composition; powers and duties

1. The Technical Committee to the Committee consisting of …, or an

appointee of such an entity who is an employee of the entity, is hereby
created to provide assistance to the Committee.
2. In performing its duties, the Committee may request the participation
of representatives of regional agencies, including, without limitation,
the Regional Transportation Commission, the Regional Flood Control,
the Board of Health, the Water Authority and Public Utilities.
3. The Committee shall elect a Chairman and Vice Chairman from its
membership.
4. The Committee shall meet as often as is necessary to provide assistance
to the Board. The Chairman shall determine the time and place of the
meetings of the Committee and the method of providing notice of
meetings.
5. The Committee shall perform such duties as the Board may require.
Rule 16. Functions of the Regional Planning Committee

The functions of the regional planning committee shall be ¾

(a) to advise and assist the State Planning Committees and the local planning
authorities within the region pertaining to the development plans
appropriate for the region, in accordance with the national policy;
(b) to establish policies and to devise a comprehensive regional plan to
guide and co-ordinate development of the region;
(c) to plan and co-ordinate the provision of infrastructure and facilities for
the region;
(d) to establish uniform process and procedures to be used by the Federal
Government and the State Governments and local authorities concerned
for the region;
(e) to monitor the implementation of standards, guidelines and procedures
in facilitating the development of the region; and
(f) to conduct research required for the planning of the region.
Rule 17. Powers of Board

The Board may:

1. Develop policies for regional development which may include, without

limitation, policies for:
(a) The promotion of orderly development, coordinated land use
planning and the efficient provision of services to urban areas,
including, without limitation, roads, water and sewer service, police
and fire protection, mass transportation, libraries and parks;
 Legal Framework for Establishing Regional Planning Authority for Malaysia 43

(b) Protection of the environment;

(c) Creating open space and recreation areas;
(d) Economic development and employment; and
(e) Affordable housing.
2. Carry out and manage the strategic plan and recommendations for
financing infrastructure adopted by the Klang Valley Regional Authority,
or its successor.
3. Compile and coordinate a regional and local database for Klang Valley
Region, including, without limitation, a comprehensive regional master
plan with land use designations and a geographic information system.
4. Establish standard projections for population.
5. Recommend methods for increasing the efficiency of and reducing the
cost of furnishing governmental services.
6. Make recommendations for the disposal of federal land.
7. Establish methods for resolving disputes relating to annexation, future
land use, zoning and development that arise between jurisdictions,
including, without limitation, identification of the spheres of influence
of the jurisdictions. As used in this subsection, “sphere of influence”
means an area into which a jurisdiction plans to expand.
8. Establish a program of incentives to encourage regional strategic
planning for economic development, including, without limitation,
joint activities relating to the creation of jobs, agreements for revenue
sharing, education, transportation, law enforcement, water and sewer
services, and parks and recreation.
9. Develop a regional park plan.
10. Consider any issues of regional significance as determined appropriate
by the Board.
11. Review:
(a) Regional development plan adopted by the regional planning
committee for the region;
(b) The annual plan for capital improvements prepared by the governing
body of each local government in the region; and
(c) Plans for capital improvements, facilities plans or other similar plans
adopted by:
(1) The Regional Transportation Committee;
(2) The Water Authority;
(3) The Health Authorities; and
(5) The Regional Flood Control Committee.
44 The Law Review 2011

Rule 18. Governing Board: Formation of subcommittees

1. The Board shall establish:

(a) A subcommittee to address issues relating to the disposal of federal
land and report its activities to the Board. The subcommittee must
consist of:
2. The Board may form other subcommittees as it deems appropriate.
3. The Board may appoint additional members of the subcommittees
formed pursuant to subsection 1 as the board deems appropriate.
Rule 19. Reporting to Council

The regional planning committee shall furnish the Council or Committee

with such returns, reports and information relating to its activities as the
Council or Committee may from time to time require.

Rule 20. Procedures of the regional planning committee

The regional planning committee shall determine its own procedure

depending on the need of a particular circumstance.

Conclusion

The provision of s 6A of the Town and Country Planning Act 1976 merely
provides for the establishment of a regional planning committee that has very
limited powers and may not be able to achieve the help improve planning
administration. Having a regional planning committee without any legal
powers and sanctions can severely paralyse even the most efficient regional
development plan. Despite the availability of incentives for cooperating
in promoting regional planning to help realize the goals of the National
Physical Plan, working together however, requires balance and willingness
to sacrifice for the betterment of the region. It is important to reassess past
methods in order to make necessary adjustments to achieve improved land
use organization. There is a need to establish strong linkages with planning
authorities at the state and local levels. Regional planning can be viewed
as a consultation process to obtain consent regarding related issues and
subsequently to obtain commitments from the different parties involved
for the benefit of the general public. Thus, effective networking, teamwork,
effective communication and balancing of powers are essential to promote
effective regional plan in the regions in Malaysia. More importantly besides
accepting funding incentives from the Federal government for cooperating
in realizing regional planning goals, working together sometimes requires
balance or sacrifice for the betterment of the region.