scholarly journals POWERS OF THE LOCAL AUTHORITY IN REGULATING LAND PLANNING AND DEVELOPMENT CONTROL: WHITHER CONTROL

2009 ◽  
Vol 7 ◽  
Author(s):  
Ainul Jaria Maidin ◽  
Bashiran Begum Mobarak Ali

Land use planning in Malaysia as regulated by the Town and Country Planning Act 1976 ("Act 172") vests in the local authorities' wide powers and responsibility for managing and carrying on the daily adininistration of land use planning decision making and developrnent control regime. This article examines the powers of the local authority in regulating land planning and development control and the power of the courts in exercising control over the exercise of the discretionary powers of the local authority.

2009 ◽  
Vol 7 (1) ◽  
Author(s):  
Ainul Jaria Maidin ◽  
Bashiran Begum Mobarak Ali

Land use planning in Malaysia as regulated by the Town and Country Planning Act 1976 ("Act 172") vests in the local authorities' wide powers and responsibility for managing and carrying on the daily adininistration of land use planning decision making and developrnent control regime. This article examines the powers of the local authority in regulating land planning and development control and the power of the courts in exercising control over the exercise of the discretionary powers of the local authority.


2006 ◽  
Vol 1 (1) ◽  
Author(s):  
Foziah Johar

The town and country planning system has been identified to be one of the key instruments in delivering land use and development objectives that are compatible with the aims of sustainable development. Several areas of actions should therefore be considered in the local planning strategy to achieve a more radical approach to environmental sustainability. These include conservation, shaping the locational pattern of development and accommodating environmentally desirable qualities in all development. This paper considers how far local planning authorities through their development control powers are likely to fulfill this role. Drawing on the content analysis of local plans, this paper identifies the framework for development control particularly on envrionmental matter. It also examines the conditions that accompanied a planning approval to determine the extent of control pertaining to environmental aspects. The results indicate the lack of consideration given to environmental related matters compared to the traditional concerns of land use planning. Finally the paper discusses the constraint of the present system and prospects to facilitate better management.


2006 ◽  
Vol 1 ◽  
Author(s):  
Foziah Johar

The town and country planning system has been identified to be one of the key instruments in delivering land use and development objectives that are compatible with the aims of sustainable development. Several areas of actions should therefore be considered in the local planning strategy to achieve a more radical approach to environmental sustainability. These include conservation, shaping the locational pattern of development and accommodating environmentally desirable qualities in all development. This paper considers how far local planning authorities through their development control powers are likely to fulfill this role. Drawing on the content analysis of local plans, this paper identifies the framework for development control particularly on envrionmental matter. It also examines the conditions that accompanied a planning approval to determine the extent of control pertaining to environmental aspects. The results indicate the lack of consideration given to environmental related matters compared to the traditional concerns of land use planning. Finally the paper discusses the constraint of the present system and prospects to facilitate better management.


1969 ◽  
pp. 1
Author(s):  
Frederick A. Laux

Adding to his study of land use planning in Alberta begun in The Zoning Game—Alberta Style, (1971) Alta. L. Rev. 268, the author now examines the alternative to zoning—that of development control as exemplified by the English Town and Country Planning Act of 1947. The features of Euclidean zoning and development control are compared and contrasted prior to his undertaking an analysis of the hybrid system as adopted in Alberta, system which incorporates elements of both. In the author's opinion, this hybrid combines the best features of zoning and development control while retain ing the maximum flexibility for both the planner and the developer. The author examines the Planning Act provisions which govern the system of de velopment control in use in Alberta today with a view to clarifying in consistencies, possible misinterpretations and existing misinterpretations of these provisions by both the courts and the administrators charged with their implementation. In the course of this examination, the author outlines the characteristics of typical development control by-law; the develop ment control administrative structure, including the use of the land use classi fication guide, the amendment of same, and appeal procedures available there under; and the methods of judicial review available to party adversely af fected by the decision of any segment of this administrative structure. Spe cial reference is made to the development control by-laws of several muni cipalities in Alberta and to relevant authorities on development control and land use.


1993 ◽  
Vol 11 (2) ◽  
pp. 213-231 ◽  
Author(s):  
R F Imrie ◽  
P E Wells

In the last decade access for disabled people to public buildings has become an important part of the political agenda. Yet, one of the main forms of discrimination which still persists against disabled people is an inaccessible built environment. In particular, statutory authorities have been slow to acknowledge the mobility and access needs of disabled people, and the legislative base to back up local authority policies remains largely ineffectual and weak. In this paper, the interrelationships between disability and the built environment are considered by focusing on the role of the UK land-use planning system in securing access provision for disabled people.


Author(s):  
Robert J. Bennett ◽  
Alan G. Wilson

This chapter discusses the main trends and the most prominent focuses of research regarding geography as an applied discipline. It concentrates on the contributions of geographers in Britain and the applied developments in human geography. The development of physical geography and earth sciences has been particularly influential on the development of applied geography at various stages. The chapter also examines regional planning and policy, town and country planning, land use planning and other specific fields.


1994 ◽  
Vol 12 (4) ◽  
pp. 437-452 ◽  
Author(s):  
George Myerson ◽  
Yvonne Rydin

This paper contributes to the growing body of work on planning discourse. In the context of the current ‘greening’ of British land-use planning, it poses the question: “How is the term ‘environment’ articulated within planning discourse?” With the use of material from development plans and development-control decision letters, an analysis is made of the term ‘environment’ which distinguishes ‘mundane’ and ‘sublime’ interpretations. The function of the texts analysed is then related to the dominant meaning given to the term, This raises further questions concerning the current preoccupation with using the land-use planning system to implement environmental policy and identifies the problems of moving between strategic planning and detailed development-control levels, a problem reflected in and compounded by the distinct operation of planning discourse at the two levels.


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