A planning permission is a written permission of the Local Planning Authority to develop a piece of land in the manner as stipulated in the permission. Planning permission is required after approval of land conversion is obtained before any building plans are approved.
The law governing planning permission is contained in the Town and Country Planning Act 1976 (Act 172). Section 19(1) of the Act prohibits any person from carrying out any and development on land unless planning permission is obtained.
Exceptions to the prohibition are, among others, where the party is a local authority or for carrying out work by any authority to provide utilities or for any excavation or for the use of any land or building for making temporary cinema, temporary amusement park or temporary ceremony for a period not exceeding one month. Carrying out land development without a planning permission is an offence carrying punishment of a fine not exceeding RM500,000 or imprisonment for a term not exceeding two years or both.
Application for planning permission should be made by a landowner. In situation where the application is not made by a landowner, written consent of the landowner to the proposed development must be obtained. A planning permission is granted by the local planning authority which is the local authority of the area pursuant to Section 5(1) of the Act.
The local planning authority is to decide on the application of planning permission as soon as possible after expiry of the time period for neighboring landowners to raise objections or after hearing the objections. In considering whether to grant or reject the application for planning permission, the local planning authority must consider a few things such as the provisions of the development plan, the direction given by the Committee, consultation with National Physical Planning Council, comments from the technical departments and the objections raised by neighboring landowners.
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