Study On The Feasibility of Sequential Approach In The Development Plan System of Malaysia

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STUDY ON THE FEASIBILITY OF

SEQUENTIAL APPROACH IN THE DEVELOPMENT PLAN SYSTEM OF MALAYSIA

A MONOGRAPH

2010


Part I Sequential Approach Table of Contents 1

ABOUT THE SEQUENTIAL APPROACH

1

ITS RELEVANCY AND APPLICABILTY IN THE MALAYSIA N CONTEXT

8

THE CURRENT TOWN PLANNING PRACTICES AND DEVELOPMENTS PLANS SYSTEM

18

2

3

4

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PROSPECT OF THE SEQUENTIAL APPROACH IN MALAYSIA

37

5 CONCLUSION 40


THE SEQUENTIAL APPROACH -A MONOGRAPH

1.0 ABOUT THE SEQUENTIAL APPROACH 1.1

ITS DEFINITION

In essence, the Sequential Approach to Planning constitutes

one

of

the

sustainable development.

techniques

towards

It is a method of

monitoring physical development and in the planning system

and

process,

ensures

that

physical

development meets up with demand. The approach also ensures that “Brownfield” sites as well as previously developed sites, be given priority for

Greenfield land is a term used to describe a piece of undeveloped land, either currently used for agriculture or just left to nature. Brownfield land is an area that has previously been developed, such as a paved lot or the site of a demolished building.

development, over “Greenfield” areas. In this way, urban sprawl is minimized, there is no oversupply in development products (housing or commercial floor space), and existing infrastructures are fully utilized.

1.2

ITS HISTORY

This Sequential Approach in planning and development had been practiced in the UK since 1996 through the Planning Policy Guidance (PPG) No.6 issued by the Department of Environment, Transport and the Regions, on Town Centres and Retail Developments, and then followed by PPG 3, on Housing, in 2002.

For Town Centre developments, the manner of the Sequential Approach is first preference to town centre locations (inner city), then edge of town centres (outer city) and finally out of town centres ( peripheral areas). As an example please refer to Figure 1.0 the basic concept of the Sequential Approach.

The Principles of the Sequential Approach have been described in the Planning Policy Guidelines (PPG) of the Department of the Environment, Transport and the Regions, United Kingdom, in particular PPG No.6. FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA

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THE SEQUENTIAL APPROACH -A MONOGRAPH PPG No.6 (June 1996) relates to Planning guidelines for Town Centres and Retail developments, in which emphasise the plan-led approach to promoting retail, leisure and employment development.

It establishes a Sequential Approach …”with preference to Town Centre

locations, then edge-of-town centre and finally out-of-town centre.

This has been followed by PPG 3 (March 2002), which is a guideline on Housing. PPG 3 encourages “new housing to be provided in such a way as to promote sustainable forms of development, making the most efficient use of previously developed land. This is to be achieved by amongst other things, concentrating most additional housing development within urban areas; maximising the use of “Brownfield” sites and the conversion/re-use of existing buildings; and, securing minimum development densities of between 30-50 dwellings per hectare.”

Figure 1.0 The Basic Concept Of The Sequential Approach.

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THE SEQUENTIAL APPROACH -A MONOGRAPH

1.3 OBJECTIVES OF THE SEQUENTIAL APPROACH

Amongst the important objectives of Sequential Approach are: To achieve sustainable development in reducing the encroachment of cities into valuable Greenfield areas;  To maximize land use within existing city or urban centres by developing on previously developed lands, or Brownfield sites;  To retain the city core as the most vibrant commercial centre, thus maximizing on the use of existing public transport and other amenities;  To bring back people into the inner cities so as to make city centre vibrant, reintroduce social places where people can live, work and play;  To integrate land use planning and transport by reducing the need to travel and promote increased accessibility to jobs, services and facilities;  To address the issue of property overhang due to speculation.

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THE SEQUENTIAL APPROACH -A MONOGRAPH

1.4 HOW ITS WORKS

Figure 1.2 explains diagrammatically as to how Sequential Approach work in Planning and Development

Figure 1.2: Methodology of Using Sequential Approach to Planning and Development

i.

Identifying areas and sites

All types of development plans should provide clear guidance as to the location of new developments so that it meets housing requirements in the most sustainable way, hence: 

At the regional level, major areas of growth in the region are identified and determined where housing provision is to be sought by structure plan with good accessibility.

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THE SEQUENTIAL APPROACH -A MONOGRAPH 

at the strategic planning level or structure plans growth areas and distribution of additional housing areas likely to be required to district level should be identified; and

At the local level, local plans and Special Area Plans should identify sites for housing and buildings for conversion and re-use sufficient to meet housing requirements after making an allowance for windfalls and manage the release of land over the plan period.

In preparing development plans Local planning authorities should adopt a systematic approach to assess the development potential of sites, and the redevelopment potential of existing buildings, deciding which are most suitable for housing developments and the sequence in which developments should take place.

ii.

Allocating and Releasing Land for Development

In determining the order in which sites identified in accordance with the criteria set out, the presumption will be that previously-developed sites (or buildings for re-use or conversion) should be developed before Greenfield sites. The exception to this principle will be where previouslydeveloped sites perform so poorly in relation to the criteria listed as to preclude their use for housing (within the relevant plan period or phase) before a particular Greenfield site.

Local authorities should manage the release of sites over the plan period in order to control the pattern and speed of urban growth, ensure that the new infrastructure is coordinated with new housing development and deliver the local authority’s recycling target. It is for each local planning authority to determine the form of such phasing policies but good practice guidance will be issued. One possible approach to manage the release of land for housing is to divide the plan into three phases, allocating sites for development in accordance with the set criteria and assumptions.

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THE SEQUENTIAL APPROACH -A MONOGRAPH

1.5

REQUIREMENTS FOR IMPLEMENTATION

There are several factors and elements that are required the for the implementation of the sequential approach. These have been well outlined in Scotland’s NPPG8 as extracted below:

i. Support of Town Centres as the First Choice It has been recognized that the application of the sequential approach requires flexibility and realism from developers and retailers as well as planning authorities in preparing their proposals developers and retailers should have regard to the format, design, scale of the development, and the amount of car parking in relation to the circumstances of the particular town centre. In addition they should also address the need to identify and assemble sites which can meet not only their requirements, but in a manner sympathetic to the town setting.

ii. Action required -Development Plans In preparing development plans, planning authorities should take account of the broad forecasts of retail demand, deficiencies in retailing provision (if any), and how the retail sector is likely to respond to that demand over the plan period, by reference to location and type of retailing. Likewise, they should take account of the market demand for other related developments, such as commercial leisure developments.

They should, in consultation with business interests and the local community, seek to agree a framework for promoting the retailing and commercial leisure roles of town centres, co-ordinated with their policies on transport, car parking and regeneration. This should lead to a town centre strategy involving the private sector including retailers, leisure operators, property owners and investors, and infrastructure providers, setting out the scope and policies for change, renewal and diversification.

iii. Identify Qualities of the Town Centre Planning authorities should identify and build on the essential qualities of the centre and seek to ensure that it meets the needs of the community it serves. Important considerations will include:

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THE SEQUENTIAL APPROACH -A MONOGRAPH

iv

the opportunities for growth, improvement or redevelopment (including sites on the edge of centres) and the need to encourage the best use of existing facilities;

the scope for diversification of uses to broaden the range of town centre activities ;

accessibility, the impact of traffic, and the availability of public transport ;

the need to retain and improve open space and recreational opportunities;

The opportunities for housing and offices, particularly in mixed-use developments; and scope for adding to the quality of the urban environment.

Establishing Priorities Within that context it should be possible to establish the extent to which the town centre in the first instance, and edge-of-centre in the second instance, can satisfy that demand through development and change. As part of the overall provision, consideration should be given to the role of out-of-centre developments and whether there is a requirement for further such provision. If so, such developments should always be within the overall policy objective of giving priority to, and strengthening and safeguarding, the town centre. The scope for provision of any new out-of-centre development should satisfy all and should be incorporated in the development plan for the area.

iv. Likely Impact on Rural Areas Where appropriate, development plans should take account of the likely impact of major shopping proposals on rural areas. They should also ensure that their policies are compatible with the aim of encouraging sustainable development and generally seek to minimise travel demand for shopping in their locational decisions. In devising policies for the overall retailing and commercial leisure strategies, planning authorities should take account of the existing stock of recently developed floor space and the likelihood of other approved proposals being developed.

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2.0 ITS RELEVANCY AND APPLICABILITY IN THE MALAYSIAN CONTEXT 2.1

TRENDS AND PROBLEMS OF URBAN GROWTH AND DEVELOPMENT IN PENINSULAR MALAYSIA

2.1.1

Kuala Lumpur Metropolitan Areas The most prominent case of rapid growth of the suburb or the urban sprawl is in the Kuala Lumpur Metropolitan Area. While the rapid growth of Kuala Lumpur is undeniable, a closer look of population data, especially those starting from the 1980 Census showed that most of the urban growth in Klang Valley for the past two decades occurred outside of the city limit of Kuala Lumpur, i.e. the suburbs. Kuala Lumpur population growth was adversely affected by this development.

Kuala Lumpur’s population growth rate between 1980 to 2000 was much less than that of Malaysia as a whole. This is in contrast to its rate of growth since its establishments more than 100 years ago where the rate of population increase for Kuala Lumpur was much higher than the nation’s average. In between 1970 to 1980, population growth rate of Kuala Lumpur was at 3.50 percent where as Malaysia’s average was 2.30 percent.

During the five years period of 1986-1991, almost half of Kuala Lumpur outmigration to Selangor was to Hulu Langat District, followed by Petaling and Gombak Districts. Due to the high migration rates, the Petaling District which was only a third the size of Kuala Lumpur in 1970 is now about the size of the city; Hulu Langat grew from only 20 percent of the size of Kuala Lumpur to about 75 percent of the size of the capital in the same 20 years period. This has led to the expansion of urban built-up in Klang Valley.

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THE SEQUENTIAL APPROACH-A MONOGRAPH This urban sprawl trend which started in 1980 is expected to continue in the future as more lands are opened up in the Klang Valley and better transportation infrastructures are put in place. The trend of urban sprawl of Klang Valley is vividly shown by Ahris Yaakop in Figure 2.1.

Figure 2.1: Urban Built-up Area Morphology in Klang Valley

Year 1988

Year 1994

Year 1990

Year 1996

Year 1998

Year 2002

Year 1999

Year 2004

Source: Ahris Yaakup et.al (UTM) National Planning Seminar 21 November 2005

2.1.2

Penang and Georgetown The City of Georgetown and its surrounding area is the second largest metropolitan area in Malaysia. The dominance of Georgetown as the main urban centre of

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THE SEQUENTIAL APPROACH-A MONOGRAPH Penang and the northern region was much evidenced ever since the founding of the city a few centuries ago.

Things began to change since the 1980s, however. The attractiveness of Georgetown and its dominance has started to wane off. Due to the high cost of living in the city as well as the relative attractiveness of new development outside the city, many people started to migrate out of Georgetown to newly opened areas. Districts outside of Georgetown started to attract more people and grew very rapidly since the 1980s.

Table 2.2: Population Ditsribution by District, Penang State, 1970-2000 1970

District

Population

1980

1991

%

Population

%

Population

2000 %

Population

%

Central SP

117,475

15.19

161,975

17.98

236,270

22.20

294,051

23.88

North SP

161,524

20.89

199,449

22.14

224,647

21.11

243,938

19.81

Southern SP

63,626

8.23

71,558

7.94

84,771

7.97

117,722

9.56

North East

369,991

47.84

391,400

43.45

395,714

37.18

416,369

33.82

North West Pulau Pinang

60,711 773,327

7.85 100.00

76,390 900,772

8.49 100.00

122,764 1,064,166

159,129 1,231,209

12.93 100.00

11.54 100.00

Source: Statistic Department Malaysia, 2005 cited by Zuwairi, 2006

Table 2.2 shows at the macro level the population trend in the state of Penang. One notable change is the reduced importance of the North East district, where Georgetown is located, as the centre of population concentration in the state. The percentage of the state population living in North East was reduced from almost half (48%) in 1970 to only 34 percent in 2000.

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THE SEQUENTIAL APPROACH-A MONOGRAPH On the other hand, Central Seberang Perai (where Butterworth and Bukit Mertajam are located), Southern Seberang Perai (where Batu Kawan is located) and North West had increased their shares of the state population. The trend here shows that districts surrounding the North East District, i.e., North West, Central SP and Southern had increased their shares of the population while North East share had decreased. This may be one indication of urban sprawl phenomenon that had happened in the state.

2.2 CURRENT URBAN GROWTH ISSUES. The feasibility of the Sequential Approach and its application as well as adoption into the Malaysian Planning and Development System is actually determined by our very own urban growth issues faced in the local scenes especially in areas of:

i.

Trends and problems of urban growth, urbanization and development in Peninsular Malaysia.

ii.

The urban sprawl phenomenon.

iii.

Severity of property overhang.

iv.

Urbanites quality of living demands.

v.

The urban governance mechanisms.

2.1.1

The Urbanization Challenges

Our Urbanization challenges actually started since the '70s when the New Economic Policies was launched. Urban areas saw drastic in-migrations of the rural population into the urban areas. In 1991, 51% of the Malaysian population had resided in urban areas. Now, the urban population is 65% and by year 2020, it's expected that more than 75% of the population will live in towns especially in the metropolitan areas of Kuala Lumpur and Penang as identified by the National Physical Plan (NPP).

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THE SEQUENTIAL APPROACH-A MONOGRAPH

a) Unsustainable

development

Issues

An important aspect of planning for growth and development is hence to ensure that the goals and objectives are not only achieved but are also sustainable. Urbanization

The definition commonly used for “sustainable development” is “development that meets the

needs of the present without compromising the ability of future generations to meet their own needs.” (Brundtland, 1987)

and the resulting urban sprawl have serious implications on the goals of achieving sustainability. “Although this definition is more concerned with the rate of use of resources that will not enable the resources to be able to be replenished in the future, “sustainable development” encompasses sustainability of economic and social development as well as of environmental and ecological protection.

Amongst the impact of urbanization and sprawl on the issues of sustainability are listed below. 

Impact of Depletion of Natural Land Resources

Urban Heat Island Effect

Urban heat island is a metropolitan area which is significantly warmer than its surroundings. As population centres grow in size from village to town to city, they tend to have a corresponding increase in average temperature (Wikipedia, 2006). The degree of the temperatures depends on the size of the metropolitan area.

Increasing Consumption of Energy A further consequence of sprawl that consumes land and reduces population densities is the growing consumption of energy. Figure 2.2 shows 17 cities around the world that reflect a consistent link between population densities and energy consumption. The lower

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THE SEQUENTIAL APPROACH-A MONOGRAPH population densities and high rate of energy consumption characterize the sprawl phenomenon. Transportation Another consequence of urban sprawl is the impact on transportation. Transportation is also related to energy use. However, the rate of energy consumption in cities depends on numerous factors including the nature of the rail and road network, level provision of mass transportation systems and the proportion between private and public transport. An increase in private transportation relates to energy consumption which in turn leads to an increase in the emission of carbon dioxide to the atmosphere. If cities provide poor public transportation system, the use of private car increases and energy consumption increases (European Environmental Agency, 2006).

Loss of Natural and Protected Areas Urbanization also leaves an impact on natural resources. The natural environment is a vital part of the ecosystem functions that performs including the production of food, habitat for natural species, recreation, water retention and storage. Land use conversions from forest reserve to new development harm the natural ecosystem. The immediate impact of sprawl is the lost of agriculture and natural land or exploitation of forest, wetland, and other habitats. These inevitably will also give an impact on the quality of life and human health such as poor air quality and high noise level.

Socio – Economic Impact From the social point of view, urbanization and sprawl has generated social segregation of according to income. Unlike the middle and high income groups, people in the lower income group cannot afford to own private automobiles. The middle and high income groups are the ones who move out of the urban cores to avoid the expensive cost of living and the congestion. This has caused residential segregation between those in the urban cores and the suburban areas.

From an economic point of view, urbanization and sprawl has had an impact on the increase in household spending on commuting from home to work over longer distances, FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 13 | Page


THE SEQUENTIAL APPROACH-A MONOGRAPH the cost to business of the congestion in sprawled urban areas with inefficient transportation systems and the additional costs of the extension of urban infrastructures including utilities and related services across the urban region (European Environmental Agency, 2006).

b)

The Urban Sprawl

One distinct phenomenon is the urban growth or sprawl which is marked by haphazard expansion of urban areas and city limits. Urban sprawl had become the trend in most towns. The old town areas were left out and outpaced by developments at its outskirts and around the centres.

With the advancement of highways and rapid train commuter services, more and more people prefer to stay away from city centres and would rather commute to work daily. However, this brought forth other problems like urban decays, Brownfield’s, abandoned developments, slow development, little retail businesses and uneconomic use of valuable town lands. Downtown areas soon found themselves deserted at nights, crimes and social ills and activities became more rampant. Aesthetically, the image of the old town became ugly and environmentally unkempt.

Other negative features of urban sprawl include sluggish economic activities,

scattered

developments, low densities and uneconomic use of urban lands. Urban

sprawl

extension

of

also

requires

roads

and

transportation and phenomenon of commuting population.

Inner City Outer City Peripheral Area

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THE SEQUENTIAL APPROACH-A MONOGRAPH

Urban sprawl had introduced new problems to the new areas. More investments need to be put into Infrastructures, public amenities, social facilities and recreational facilities. Also they began to eat into or encroach into agricultural lands and the Greenfields. Please Inner City Outer City

refer to Figure 2.2 and Figure 2.3 which illustrates the evolution of the urban sprawl phenomena in

Peripheral Area

Figure 2.3 Penang City Boundary (b) Penang. Likewise Figure 2.4 explains the similar trends of urban sprawl as experienced by Seremban.

c)

Property Overhang.

The NAPIC (Pusat Maklumat Harta

Inner City

Tanah Negara) Q1, 2007 report, states that the overhang of residential units

Outer City

Figure 2.2 Seremban City Boundary

in Malaysia have increased from

Peripheral Area

25,331 units in Q4 2006 to 26,045 units in Q1, 2007. Most of these overhang units have been in the market for more than 24 months. Two Towns were studied i.e. Penang and Seremban.



Penang

Penang’s overhang situation is however amongst the lowest with some 433 residential units of overhang. Most of these units are located in Seberang Perai and the South West District which comprise of terraces, condominiums, apartments and some detached units. FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 15 | Page


THE SEQUENTIAL APPROACH-A MONOGRAPH

Penang’s overhang situation is amongst the lowest with some 433 residential units of overhang. Most of these units are located in Seberang Perai and District Barat Daya comprising of terraces, condominiums, apartments and some detached units. There were no overhang shop units or industrial units in District Timur Laut according to the NAPIC Q1, 2007 report. The incident of overhang in Georgetown and its periphery is therefore a nonissue.

There were no overhang shop units or industrial units in the North East District. 

Seremban.

Seremban’s overhang situation is currently at 1,940 of residential

units

and

637

of

commercial unit. Most of these units are located in the District of Seremban comprising of terraces, detached, condominiums and low cost flats. The District has a total of 1,369 units of residential overhang. The breakdown of overhang of residential properties in the District shows 28% were for low cost flats, 27% for 2 storey terraces, 15% each for 1 storey terraces and detached and 14% for condominiums. In comparison to Penang which has no overhang problems, Negeri Sembilan’s overhang in 2007 is said to be rather serious, especially as development trends in the District of Seremban, tends to be developed in the outskirts and a strong trend towards leap frog developments and urban sprawl. Property overhang in Seremban is evidenced by longstanding abandoned projects then. These include commercial buildings, shopping complexes, hotels and residential neighbourhoods which were found

outside the Seremban central areas. Housing in

Seremban 2 for example was mostly abandoned or were left uninhabited. Seremban 3 and Sungai Gadut housing too were mostly left vacant. d)

Urbanites Quality of living.

Quality of Living is not only about adequate facilities, amenities, infrastructure, housing, recreation, jobs, education, health and such like but more so in terms of its environment, easy and convenient mobility, clean air, clean water, peace and harmony. FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 16 | Page


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In fact, Quality of Living covers a whole spectrum of human basic needs and wants. These should also be sustainable to be enjoyed by the present generations and generations to come. Therefore, Quality of Living is made possible when development is sustainable.

Sustainable development covers a very wide range of activities. Four key areas have been identified to render developments sustainable:i.

To achieve sustainable consumption and production:

ii.

To tackle climate change and energy depletion.

iii.

To understand the limits of the natural resources that sustains life, such as water, air and soil.

iv.

To create sustainable communities.

e)

The Urban Governance Mechanism.

Issues pertaining to ineffective Urban Governance that are currently faced by Malaysia are:-

i.

Uncoordinated and unintegrated planning management approach. Different authorities have different procedures and priorities.

ii.

Lack of community participation and support in the development process. Even though there are provisions for public participation, but feedbacks have not been constructive.

iii.

Lack of Incentive-based and Performance-based Control Guidelines and Licensing Control.

iv.

Ineffective growth controls, incentives, tax policies and design controls.

v.

Inflexible development control methods and unviable Local Plan mechanism of Development Charges collection and the control of development Transfer of Development Rights.

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3.0 THE CURRENT TOWN PLANNING PRACTICES AND DEVELOPMENT PLANS SYSTEM To ensure good urban growth and development, we need good planning and management. We need to formulate effective plans for urban development and growth and to implement and manage the development and growth well, by adopting a good system and set of procedures for the preparation of these plans and for the control and management of growth. These processes include:i.

development planning, i.e. the formulation of plans and policies to guide development;

ii. development control, i.e. the regulation of the development, use and management of land; and iii. plan implementation, monitoring and enforcement.

3.1 THE CURRENT TOWN PLANNING PRACTICES 3.1.1 DEVELOPMENT PLANNING The current town planning practices are in the form of Development Plans. Development Planning is the process of formulating plans to guide, facilitate and coordinate the use, development and management of land in order to achieve the desired goals for the future growth of the area. i.

The Development Planning Practices

Under the development planning system in Peninsular Malaysia these plans and policies are formulated at national, regional, and local authority levels, as provided for under The Town and Country Planning Act 1976(TCPA). These plans include:

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a.

The National Physical Plan, prepared by the Director General of the Federal Department of Town and Country Planning, under section 6B of the TCPA.

As far as strategies which are related to urbanisation and the Sequential Approach, the NPP outlined two major strategies:

That planning of urban-based economic activities shall adopt the concept of “Selective Concentration” for strategic urban centres for all States.

That identification and delineation of the Strategic Urban Conurbations should represent their specific Zones i.e. The Northern Conurbation, The KL Conurbation, The Southern Conurbation and The Eastern Conurbation.  For the Kuala Lumpur which is the National Growth Conurbation a 45 minutes travel time from the employment centres of core cities has been demarcated.  Whereas For all other conurbations travel time from the employment centre of the core city is 30 minutes demarcation.

Other parameters taken into consideration in the detailing of the delineation of conurbations have been: 

Committed Development.

Use of vacant land within the present built-up area, rehabilitation and redevelopment of existing building sites.

Physical: buildings based on concentration.

Exclusion of Prime Agricultural Areas (PAA) as designated by the NPP.

Exclusion of Priority Environmentally Sensitive Areas (ESA) as designated by the NPP.

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b. The Structure Plan, prepared by the State Director of the Town and Country Planning Department, under section 8 of the TCPA.

The Structure Plan outline strategic framework such as:

set out the policy for supporting and enhancing town centers, including an assessment of how far the existing town centers might be able to meet the demands for new shopping floor space and other uses, while contributing to consumer choice and access

indicate whether, as part of the sequential approach, there is scope for retail developments with town centres; if so, indicate their scale and general location, ensuring co-ordination with expected housing, employment, or other planned developments, including transport infrastructure; and

Reflect the criteria set out in this guideline against which retail and commercial leisure development proposals with town centers should be assessed.

c. The Local Plan, prepared by the Local Planning Authority, under section 12 of the TCPA.

Like the Structure Plans, elements of urban growth strategies and measures to develop the Town Planning Blocks and the Sub Planning Blocks in Local Plans are streamlined towards development priorities on existing urban centres .

Local plans provide local details and a sharper focus to the structure plan framework. These include:

assessment the performance of individual town centers indicate their potential for change, improvement or stability;

safeguard and support existing town centers and other retail facilities, such as local centers and village shops, which serve the local community well;

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identify sites, including those suitable and available within a reasonable timescale, for new retail and commercial leisure developments within town centers, and, where appropriate, at the edge-of-centre;

provide guidance to developers who propose new developments out of the framework of preferred sites in the development plan, and indicate how such developments will be assessed; and

Include related policies for transport, car parking and for improving the environmental quality of town centers, retail and commercial leisure developments, and specify design criteria and standards against which proposals will be judged, including those in out-of-centre locations.

d. The Special Area Plan, prepared either by the State Director of Town and Country Planning or the Local Planning Authority as directed by the State Planning Committee under Section 16B of the TCPA.

A Special Area is an area planned for special and detail treatment by development, redevelopment, improvement, and/or conservation. The Local Plan can designate the agency or agencies to carry out the development and spell out the manner in which it is to be implemented. A Special Area Plan is hence a more detailed local plan for an area that has been ear marked for immediate or urgent development

e. The Comprehensive Regional Plan, prepared by the Regional Planning Committee under section 6A of the TCPA.

The Comprehensive Regional Plan will cover for any area which covers two or more states, whose main function is to establish policies and to devise a Comprehensive Regional planning, to plan, guide and coordinate development and the provision of infrastructure and facilities in the region, to monitor the implementation of development standards, guideline and procedures, and to conduct research required for the planning of its region.

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3.1.2

WEAKNESSES OF THE PRESENT DEVELOPMENT PLANNING PROCESS

However the weaknesses and problems in the preparation of development plans can be summarised as follows: i.

The Plan Preparation Process Is Too Long And Costly. The structure plan and local plan preparation processes follow a very comprehensive, systematic and meticulous process, incorporating survey, compilation and analysis of data, plan formulation and public participation and objection, as required under the TCPA.

ii.

The Planning Problems and Issues Are Not Well Identified. Even with so much data collection, there are weaknesses in the analysis, identifying and understanding of certain important planning issues and problems in the planning area and the causes of these problems, especially the social and nontangible issues, such as urban and rural poverty, unemployment and underemployment, inaccessibility to urban needs, increasing crime rates, increasing cost of living, widening of income gaps, social segregation, and other problems of nonsustainable development. This has often resulted in, at the least, the issues and problems not being resolved, or worse, the problems further aggravated by inappropriate planning proposals and strategies in the development plan.

iii.

The Public Participation Process Is Not Effective. The requirement for public participation in the preparation of structure plans and local plans is a positive step towards involving the people who will be affected by the plans for the better understanding and identification of problems and for better selection of planning options.

However the process takes a long time and has contributed to the delay in the plan preparation process. It has in many cases been found to be an ineffective process. The public participation in the structure and local plan preparation process often mainly involves a very small proportion of the people. Most of the people who may be affected by the proposals of the development plan are not even aware of the plan. FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 22 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH

iv.

Development Plans Are Not Responsive and Effective Many of the proposals and strategies in the structure plans and local plans are not directly responsive to the issues and problems and hence not effective in solving the problems. One main reason is that urban problems and issues, especially the social and non-tangible ones, are not easily translated into physical planning solutions. Another reason is that the development plans are still based very heavily on archaic approach of planning, such as fixed and rigid land-use zoning. Other more flexible but more responsive and effective planning approaches should be examined for adoption. A system to measure the effectiveness and responsiveness of development plan proposals and strategies need to be formulated.

v)

Development plans are not action-orientated and time-specific. Many structure plans and local plans are not sufficiently action-orientated and timespecific. They do not indicate the priority and the schedule for the release of land for development, thus allowing developers to carry out development at their own time, site and pace, resulting in urban sprawl, leap-frog development, insufficient infrastructure and facilities, and mismatch between demand and supply.

The Sequential Approach requires the adoption of more action-orientated and timespecific development planning. There should be an in-built control in the release of land for development and appropriate incentives given to ensure that growth and development are properly integrated and channelled into more suitable areas. vi.

Development plans are too rigid or too vague. Development Plans and planning guidelines should not be too rigid or too vague. A plan which is too rigid does not allow any room for innovative planning on the part of developers and consultants. On the other hand, if it is too vague, it will not provide a clear guide for developers and their consultants and the government decision-makers.

FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 23 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH vi.

Planners and decision-makers preparing development plans are not made to feel responsible and accountable. The quality of development plans depend very much on the quality and dedication of the people who are involved in the formulation and approval of the plans, be they external consultants, government officers, or the politician decision-makers. They should be made to feel responsible and to be accountable to the people who will be most affected by the outcome of the plans and their decisions. On the other hand, they should be able to take credit if the plans or decisions create the expected benefits and gains to the people. A system of measuring and monitoring responsibility and accountability of decisions should be formulated.

vii.

Inadequate analysis of the impact of development proposals during the plan formulation process. In the preparation of development plans and in the formulation of planning options, development proposals and strategies, there is often no adequate impact or costbenefit analysis of the proposals and strategies. This leads to poor decision-making in the choosing of planning options and in the approval of the development plan. A form of Strategic Environmental Assessment (SEA) can be formulated and applied for this purpose of aiding decision-making in the preparation of development plans.

viii.

Lack of Coordination and Integration among agencies and departments in planning

There is lack of coordination and integration among the planning of the various departments involved in the development and use of land, such as between Federal, State and Local agencies, between the government and private sector agencies, and between the Local Authorities and other departments and agencies in charge of roads and infrastructure development, schools and other facilities and services, traffic planning and management, and economic development and environmental

protection.

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THE SEQUENTIAL APPROACH-A MONOGRAPH

3.2

DEVELOPMENT CONTROL AND LAND MANAGEMENT

Development control is the day-to-day regulation and control of the development and use of land. Without development control development planning will be futile.

3.2.1

THE DEVELOPMENT CONTROL AND LAND MANAGEMENT PROCESS.

This involves various processes such as:-

i.

The Planning Permission Process. Section 18 of the TCPA prohibits any person to use any land or building if it is not in conformity with the local plan. Section 19 prohibits any person to carry out any development without the planning permission of the LPA, and section 21 spells out the process for obtaining a planning permission by any person proposing to carry out any development. Section 22 spells out the procedures for the consideration of the planning application by the LPA. Under section 23 of the TCPA, an applicant or an objector who is aggrieved with the decision of the LPA in the approval or rejection of the application can make an appeal to the Appeal Board against the decision of the LPA.

ii.

Variation of Conditions, Restrictions and Categories of Land Use Part Seven of the National Land Code (NLC), subjects all alienated land to implied and expressed conditions and restrictions. Under sections 115, 116 and 117, the implied conditions affect lands subject to the various categories of land use i.e. “agriculture”, “building” and “industry”, and, under section 119, to lands which contain expressions of “padi”. Section 124 empowers the State Authority, upon the application of the land owner, to alter of the category of land use of his land, to remove the expression of “padi”, “rubber” or “kampong” in the land title, or to impose and amend any expressed conditions. This process is carried out without referring to the LPA or SPC. Section 108 further states that where any condition on the land title is inconsistent with any by-law or restrictions affecting the land imposed by any local authority or planning authority, the condition shall prevail and the local authority or planning authority by-law or restriction shall, to the extent of the inconsistency, cease to apply to the land.

FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 25 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH iii.

Sub-division, Partitioning and Amalgamation of Land Under section 135 of the National Land Code (NLC), any land owner can sub-divide his land, with the approval of the State Director of Lands and Mines or the Land Administrator, as long as it satisfies a set of conditions spelt out in section 136 (1), which include the conditions that any necessary approval of any planning authority has been obtained, and that the sub-division would not be contrary to any plan approved by the State Authority for the development of the area, or the any decision of any planning authority of the area. There is no provision in the NLC for any authority to impose new implied or expressed conditions or restrictions or vary any conditions or restrictions or the category of land use of the land in the process of subdivision.

Similarly, under section 140, joint land owners can partition their land so that each new parcel is vested in the name of each of the land owners after partitioning. The same set of prerequisite conditions as in section 136(1) has to be satisfied.

Under section 146, a land owner can amalgamate his two or more contiguous lots, if the same set of prerequisite conditions is satisfied. However in the amalgamation of lands, the condition or restriction or category of land use of any of the land can be changed by the State Authority if necessary if there exist any dissimilarity between any of the original lots to be amalgamated.

iv.

Excision of Hill Lands and Degazetting from Forest Reserves Under the Land Conservation Act, hill lands are gazetted and protected from development. The State Authority has the power, however, to excise any gazetted hill land, and need not legally comply with the Structure plan or Local Plan. On the other hand, if there is any inconsistency between the State Authority’s decision to excise a land from Hill Land and the proposal in the Structure Plan or Local Plan in relation to that land, the decision of the excision will prevail.

Similarly the State Authority has the power to degazette any forest land under the National Forestry Act, notwithstanding the proposals in the Structure Plan or Local Plan. Even the National Physical Plan may not have adequate enforcement means to FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 26 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH ensure compliance in the degazetting of forest reserves or excision of hill lands by the State Authority.

v.

The One Stop Centre (OSC) System.

In April 2007, the Ministry of Housing and Local Government prepared a circular on the implementation of the One Stop Centre (OSC) system and, with the approval of the National Local Government Council, directed all state authorities and local planning authorities to adopt the new system.

The OSC is intended to shorten the time for the processing of the various applications for approvals of development by:  increasing the number of staff in the processing of the applications in the LPA,  coordinating and monitoring the comments and requirements of all the relevant departments involved in the processing,  allowing all the plans for development to be submitted and processed concurrently,  given a limited time frame for all the stages of processing,  Replacing the planning committee with an OSC committee in every LPA.

3.2.2

WEAKNESSES OF THE MANAGEMENT PROCESS

PRESENT

DEVELOPMENT

CONTROL

AND

LAND

The weaknesses in the development control and land management processes are summarised as follows: i.

The planning permission process is unnecessary tedious and time-consuming. The procedures in the approval of planning permission as presently practiced in most local authority areas, is unnecessary tedious and time consuming. There are many causes of these delays, including: 

unclear development policies, plans and guidelines;

unclear and imprecise recommendations on the part of the planning officers;

FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 27 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH 

lack of staff in the processing of applications, in both quantity and quality;

indecisions in the consideration of the applications by the committee;

too many irrelevant and unnecessary, and sometimes conflicting, requirements and comments from the technical departments;

too many departments and committees processing and considering the applications;

unclear system and procedures of processing of applications, some steps are unnecessary, overlapping and/or redundant;

ii.

the applicants and their agents are not competent;

Interferences from politicians.

Poor Understanding of Development Plans, Guidelines and the Planning Law in Development Control and Regulation. There is often a gap, poor understanding and misinterpretation of the law, policies, plans and guidelines by the LPAs when applications for planning permission are processed and considered. One of the reasons is that planning officers who are involved in the daily processing of applications for development were not involved in the preparation of the development plans or briefed well on the details of the development plans and control guidelines.

iii.

Approving authorities, officers and decision-makers do not feel responsible and accountable for the outcome of their decisions. The authorities, officers and decision-makers, as well as the developers and their consultants, should be proficient and responsible and should be accountable to the people who are subsequently affected by the result of their proposals, recommendations and decisions.

The LPA is the authority responsible for granting planning permission, and the State Authority is responsible for the alteration of category of land use, varying of conditions and restrictions of land, excision of hill lands and “de gazetting” of forest reserves.

Whereas in the consideration for planning permission the LPA has to abide by the proposals in the Structure Plan and Local Plan, there is no such legal restriction for FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 28 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH the State Authority to change the category of land use under the NLC, to excise “hill lands� under the Land Conservation Act, to de gazette from forest reserves under the National Forestry Act. There should be greater transparency in the approval process.

iv.

The Appeal Process Takes Too Long a Time Although the objectors, as well as the applicants, have a right to submit appeals to the Appeal Board if they are unhappy with the decision of the LPA in approving or rejecting the applications of planning permission, the process of being heard and considered by the Appeal Board takes a long time and is very costly to the parties affected.

v.

The use of IT systems and the internet is not adequately coordinated. The use of appropriate computer and IT system and the internet will go a long way to reduce the tediousness, hasten the process, reduce the uncertainties, increase transparency, and to manage and up-date planning and development data in the development control process. However, although some efforts have been taken towards this, there is still a much room for improvement. There is as yet no concerted effort to coordinate all these efforts or to install a uniform system for electronic submission and consideration of applications of planning permission or land matters for all LPAs and other relevant departments.

vi.

There is no adequate method to assess the impact of proposed development. A more precise set of criteria and indicators for sustainable development should be formulated, and a more precise and quick method of evaluating the environmental, social and economic impacts, as well as the costs and benefits of the proposed development under consideration should be made available. These will be invaluable for responsible and effective decision-making in the development control process.

FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 29 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH vii.

Officers in the administration of land are not well versed with the NLC and the TCPA. Offices in the Department of Land and Mines, in charge of processing and advising on applications for alteration of category of land use, subdivision, amalgamation, and other land related matters, under the NLC, are often not specifically trained in land laws, land administration, and planning laws, and are also not conversant with the objectives of good land administration and management, good planning and orderly development. This has in some cases led to decisions that are contrary to the laws and the development plans.

viii.

No legal provisions for decisions on land applications to conform to the development plans. There are no provisions in the NLC, the Land Conservation Act and the National Forestry Act, for State Authorities to comply with the proposals of the National Physical Plan, The State Structure Plan or the Local Plan in their approval of applications for alteration of category of land use, excision of hill lands, or degazetting of forest reserves. There have been cases where areas zoned for agriculture or hill land in the structure or local plan are approved for alteration of the category of land use to “building” by the state authorities.

ix.

LPAs do not consider the demand and supply situation in approving development. The LPAs and the State Authorities in their granting of planning permission and the alteration of land use category from “agriculture” to “building” do not consider the situation of oversupply of development. They may be unable to do this due to lack of updated supply and demand data. The resultant overhang of housing and commercial floor space is due to over approval and over development.

3.3

THE PLAN IMPLEMENTATION, ENFORCEMENT

MONITORING

AND

After planning permission, other plan approvals and permits are required before the development can be carried out. These plans when implemented need to be monitored and followed through via the enforcement process and the list of relevant plans are as follows: FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 30 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH

Road and Drainage Plan approval from the Local Authority (LA) as

required under the Street, Drainage and Building Act (SDBA),

Building Plan approval from the LA as required under the SDBA,

Structural Plan submitted to the LA as required under the SDBA,

Earthworks Plan approval from the LA as required under the SDBA,

Sub-division Plan approval by the State Director of Lands and Mines or the Land Administrator under the NLC.

3.3.1

WEAKNESSES

OF

THE

PLAN

IMPLEMENTATION,

MONITORING

AND

ENFORCEMENT PROCESS

The weaknesses in the implementation, monitoring and enforcement process include the following:

i. There is no control and coordination in the implementation of development projects.

The local authorities do not monitor or control the sequence and schedule of the construction / implementation of approved projects by private or government developers and agencies. Development is often on an ad-hoc basis, at the time, pace and site of individual developers, resulting in leap-frog development, urban sprawl and the overhang of developed properties. Even government and utility departments do not abide by the structure or local plans programme, but instead carry out their own projects based on the departments’ own budgeting and implementation schedules. This often results in situations of shortage or over-loading of utility services. The preparation of development plans often relies on external consultants while implementation and enforcement are carried out by the local council officers who are often not directly involved in the tedious plan preparation process. There is hence often a gap, poor understanding and discontinuity during the implementation and enforcement of the plans later on. FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 31 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH

ii. The local authorities and other government agencies do not play an active role in development.

Urban lands in Peninsular Malaysia are largely under private ownership. The local authorities and other government agencies have to play a more proactive role in the acquisition and amalgamation of land in order to apply the Sequential Approach to redevelop more appropriate sites like “brown fields” and inner-city areas, and to preserve “green field” areas. iii. Insufficient incentives given for developers to carry out development in more appropriate sites. There are inadequate incentives to encourage developers to develop in more appropriate areas and to avoid the encroachment into “green field” areas. Local, state and central governments should introduce financial incentives such as giving discounts in development charges, taxes and fees, or non-financial ones like transfer of development rights, giving higher plot ratios and densities, and fast-track approvals. iv. Enforcement actions under the TCPA and the SDBA are slow and inadequate. 

Some parts of the law and by-laws are not clear, out-of-date or are inadequate;

The supervising officers and inspectors are short handed or inefficient; in most LPAs there are no planning inspectors, and hence offences and illegal development under the TCPA are not spotted.

The charging and conviction of offenders through the court of law are tedious and time consuming; there are often delay for cases to be heard and there is a long back log. (there have been proposals to set up municipal courts to hear only local authority cases);

The fines and penalties are not high enough to create a significant deterrence to potential offenders.

There are often interferences by politicians.

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THE SEQUENTIAL APPROACH-A MONOGRAPH

3.4 The Sequential Approach, Strengths and Weaknesses, Opportunities and Threat in the Malaysian context

The Sequential Approach in planning accentuates the provision of the Structure Plans and Local Plans in that development should be undertaken within most suitable areas, from the city core outwards and preferably within areas of good public transport connectivity.

Based on the understanding of the mechanisms and implementation tools of the Sequential Approach, certain strengths, weaknesses, opportunities and challenge/threat of the approach in the light of the situation in Malaysia have been identified:-

3.4.1

ITS STRENGTHS

i.

That priority of development is given to the existing town centres.

ii.

That development is brought back into the city centres. There are trends that city centres become quiet and workers leave the city for their suburban homes. With new developments of housing and commerce remaining within the centres, the city centre is thus revitalized.

iii.

Those compact development initiatives within city centres are exercised commerce and residential use can be developed within a single plot of land, vertical mixed use maximizes land use and other creative designs on limited land area proved to be important stimulants to rejuvenate town centres. This is really a complete turnaround from the traditional single zone land use planning.

iv.

That many buildings worthy of heritage could be revitalized through rehabilitation into commercial use. These indirectly encouraged greater professional skills and creativity amongst planners, architects, designers, etc.

v.

That development became more orderly, in that developers are encouraged to build first within city areas before “leapfrogging� into Greenfield areas.

FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 33 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH vi.

That there is negligible wastage on existing infrastructure and in the long run save on infrastructure costs.

3.4.2

ITS WEAKNESSES

i.

For Sequential Approach to really be attractive and work towards a win-win situation for the private sector, government (city authorities) and the community, one essential factor is the need for an integrated public transport system complete with extensive service coverage.

ii.

Need to initiate a pilot project in the city centres to provide an example of the project viability. It is usual that a pilot project be initiated on government land wherever possible. However, there may be limitations since most state or government lands within city centres are all built up for community facilities.

iii.

Need incentives for new ideas or development policy approaches and Local Authorities have to undertake this role.

iv.

Need close monitoring of development applications. However, such practices are still at the infancy stage in most cities in Malaysia.

v.

Need to identify particular lots that can be developed or redeveloped, the permissible plot ratios, the allowable densities, setbacks, height of buildings, commercial and residential mix ratio, car parking standards, the entry and exit points of the plot, etc., At present Local Plans stage.

vi.

Need to formulate detail of historic site or building so that any developments will not be in contradiction with the Structure or local plan.

3.4.3

ITS OPPORTUNITIES

i.

To formulate detailed development guidelines for city centres which include height and densities, plot ratios, setbacks and built to line, vertical mix development ratios, parking exemptions, etc.

FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 34 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH

ii.

To preserve and rehabilitate buildings as well as areas of heritage value.

iii.

To expedite the development and implementation of a comprehensive integrated system of public transportation as the two goes hand in hand and is systemic of one another. Height and densities, plot ratios, setbacks and built to line, vertical mix development ratios, parking exemptions, etc.

iv.

To preserve and rehabilitate buildings as well as areas of heritage value.

v.

To expedite the development and implementation of a comprehensive integrated system of public transportation as the two goes hand in hand and is systemic of one another.

3.4.4

ITS CHALLENGE/THREATS

i.

The high cost of land in city centres, which will offset the profit margin of potential developers.

ii.

Great political commitment from policy makers, followed by extensive implementation by local councils in the form of guidelines and incentives (initially).

iii.

Lack of community facilities within city centres to support a large and mixed population that would be living therein.

iv.

In city centres have broken up communities living in it.

In conclusion Table 3.1 compares the Strengths, Weaknesses, Opportunities and Threats of the Sequential Approach in the Malaysian Context.

FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 35 | P a g e


THE SEQUENTIAL APPROACH-A MONOGRAPH Table 3.1:

S T

O

R E

Summary of the SWOT Analysis – Strengths, Weaknesses, Opportunities and Threats

N G

T

H

S

W E

A K

N E

S

S E

S

Compact city

Lack of incentives

mixed development

Public Transport

orderly growth

Transport network

Towards safe city

Lack of government/ municipal land

savings on infra cost

No monitoring of development

Greater accessibility

Lack of sufficient control

Towards sustainability

Lack of database

Re-vitalisation of heritage buildings

Lack detailed implementation

Re-vitalisation of heritage buildings

P 

P O

R T

U

N I T

I E

strategy to achieve policies S

T

A T

S

High land cost in City Centres

developers

No political commitment

Huge private owned land bank

-

High densities

-

Built to lines

-

No parking provision

-

Mixed development

Preservation/Conservation of heritage

outside and inside City Centres 

Promotion/ upgrading of public

Re-vitalisation of City Centres

Malaysian preference for landed property

Restrictions for development by developers

transportation services 

R E

Creation of development guidelines for

building in City Centres 

H

Lack of community facilities to sustain city living

Traffic management in City Centres breaks the community.

FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA 36 | P a g e


THE SEQUENTIAL APPROACH- A MONOGRAPH

4.0 PROSPECTS OF THE SEQUENTIAL APPROACH IMPLEMENTATION IN MALAYSIA The Sequential Approach when first formulated was to address the property overhang in many cities in the UK. However, as illustrated in the two Malaysia case studies, property overhang is not such a major issue in George Town but an issue in Seremban, due mainly to land speculation. It also indicated that the approach may be an inadequate tool for cities of different sizes, history and its own peculiar urban growth morphology.

However, prospect of Sequential Approach implementation in Malaysia would be good should following prerequisites are put in place.

4.1

Prerequisites Required For Implementation of the Sequential Approach

i.

Need for Strong Political Will

From the growth and the SWOT analysis of the two cities’, it can be implied that the most important criteria for the successful implementation of the Sequential Approach is political will. Without political will, most developers will not support the idea nor will implement such a strategy. Because private sector is about profits, any new policy that affects the profit margin of companies will be unpopular but with political support, the implementation of the approach will soon be realized and instituted.

ii.

Fiscal Incentives

Another element for the Approach to work will be the kinds of incentives to be given out. Fiscal incentives like company taxes and transfer of development rights should be further explored. Fiscal incentives are only awarded by the Ministry of Finance and Bank Negara.

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THE SEQUENTIAL APPROACH- A MONOGRAPH iii.

An Integrated Transport System

For the Sequential Approach to be implemented successfully in the country and within the major cities, the availability of an integrated public transport system is pertinent. Easy accessibility of the development with areas from outside the city as well as from within would be one of the factors that would make the development viable. iv.

Transparency and Publicity

Another major requirement for its successful implementation is that there must be clear implementation and execution strategies that are transparent and readily available for the public. These are important elements that would make the Sequential Approach readily understood and accepted by those who will implement as well as execute the development plans. These would include not just the developers but also the utility companies and agencies, and other related government departments. v.

Comprehensive and Extensive Data Base and Close Monitoring.

Local authorities must prepare a sound and comprehensive data base to manage and monitor the implementation of the Approach. Data such as location of the preferred sites, ownership, development rights and guidelines, must be made available. Once an application has been received, the progress of the application from planning approval stage to construction and completion stage must be closely monitored. Therefore data on demand and supply will be available as one of the objectives of the Sequential Approach is to avoid oversupply of properties or property overhang. vi.

Availability of State and Local Government Land and Brownfield Sites

For the Sequential Approach to take off there must be extensive state or local government lands or even Brownfield sites for pilot projects to be implemented. Private developers can participate to undertake and showcase the success of the Sequential Approach of these projects. vii.

Amendments to Some Legislation.

For Sequential Approach to be implemented effectively, some related legislations need to be amended and they are:-

FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA

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THE SEQUENTIAL APPROACH- A MONOGRAPH 

Amendments to the Town and Country Planning Act 1976, especially pertaining to Local Plans and Special Area Plans. More detailed design guidelines will be included which will be based on property price analysis and trends.

Amendment to the Uniform Building Bye-Laws, especially with regards to building design. They are to be more flexible and allow for performance based standards rather than prescriptive regulations.

Strata Titles Act – The recent amendments to allow for landed properties as strata developments will encourage for more gated communities in areas outside of city centres. The Act will have to be re-studied and address the issue to allow and encourage for more intensive development in city centres.

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THE SEQUENTIAL APPROACH-A MONOGRAPH

5.0 CONCLUSION Even though The Malaysian Planning System is rather complete with its hierarchy of National, State, Regional and Local Plans right down to The Special Area Plan at very localised level, the procedures as well as the processes of development plan approval at each stage are quite elaborate and systematic. However, there are strengths and weaknesses of the current system which could be improved especially pertaining to optimum use of land resources, environment and the property trends towards the realization of the attainment of Sustainable Development objectives.

Many of the country’s Structure and Local Plans lack the detailed implementation strategy to achieve the objectives of the Sequential Approach. For sequential approach to work, further details of the local plan must be formulated. These should contain even more details such as the identification of particular lots that can be developed or redeveloped, the permissible plot ratios, the allowable densities, set-backs, height of buildings, commercial and residential mix, car parking standards, the entry and exit point of the plot etc. If the development to be undertaken includes a historic site building, then more details need to be formulated so that any development will not contradict with the Structure or Local Plans. All these details will have to work out within the current costs of land, development costs, current fiscal policies, etc.

Generally, the issues of urban sprawl and property overhang by types and prices as well as location factors are symptoms of unsustainable developments that need to be attended to. To use the Sequential Approach, there is the need for close monitoring of development applications through detailed Data collection and Database system.

Consequently, Sequential Approach alone may not be sufficient to manage urban growth and avoid urban sprawl in Malaysia. Other more encompassing approach is still needed to address Malaysian peculiar urban trends and manner urbanization. Therefore The Integrated Sustainable Urban Growth (ISUG) Management Approach is recommended as the comprehensive approach feasible to be used in the Malaysian Development Plan System to address our urban growth issues. FEDERAL DEPARTMENT TOWN AND COUNTRY PLANNING PENINSULA MALAYSIA

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