Sequential Approach In The Development Plan System of Malaysia

Page 1


Prepared for :

Jabatan Perancangan Bandar & Desa Semenanjung Malaysia

Prepared by :

KW Associates Sdn. Bhd In association with MR. TAN THEAN SIEW DR. JAMALLULLAILI ABDULLAH (University Teknologi Mara) PN. FAHARIAH WAHAB (Henry Butcher Pty. Ltd)

September 2008


CHAPTER 1 1.0

INTRODUCTION 1.1

Expanded Aim & Scope of Work

1-1

1.1.1

Expanded Aim of the Study

1-1

1.1.2

Expanded Scope of Work of the Study

1-1

CHAPTER 2 2.0

ALTERNATIVE APPROACHES FOR THE PLANNING AND MANAGEMENT OF URBAN GROWTH AND DEVLOPMENT 2.1

Introduction

2-1

2.1.1

2-1

Smart Growth 2.1.1.1 2.1.1.2

2.1.2 2.2

Comparison between Smart Growth and Conventional (Sprawl)

2-5

Implementation of Smart Growth

2-7

New Urbanism

2-12

Alternative Approaches for Development Planning And Control

2-13

2.2.1

Local Development Framework

2-13

2.2.2

Alternative Approaches for Development Control

2-19

2.2.2.1

Form Based Approach

2-20

2.2.2.2

Incentive Zoning

2-23

2.2.2.3

Performance Zoning

2-23

2.2.2.4

Planned Unit Developments

2-25

2.3

In Summary

2.4

Sustainable Development-The

Need for Re-Thinking and Re-Defining

2-26

2-27


CHAPTER 3 3.0

THE ISUG APPROACH FOR THE PLANNING AND MANAGEMENT OF URBAN GROWTH AND DEVELOPMENT IN PENINSULAR MALAYSIA 3.1

Introduction

3-1

3.2

Functions of the ISUG Approach

3-1

3.3

Strategies Of The ISUG Approach

3-2

3.3.1

The Integrated Planning Management Approach

3-3

3.3.1.1

Methods For Implementation

3-3

3.3.1.2

Government Policy

3-3

3.3.1.3

Approach to Integration

3-5

3.3.1.4

Resources

3-6

3.3.1.5

Tools

3-6

3.3.1.6

Institutional Arrangement

3-7

3.3.1.7

Outcomes

3-7

3.3.1.8

Putting Into Practice

3-7

3.3.2

3.3.3

Urban Growth Boundaries (UGB) and Green Reserves (GR) for balance integrated urban and rural development and conservation.

3-8

3.3.2.1

Urban Growth Boundaries

3-8

3.3.2.2

Green Reserves

3-12

3.3.2.3

Rural Urban Fringe

3-14

Transit Oriented Development (TOD) and Compact City Development (CCD) for greeter urban living environment

3-14

3.3.3.1

Factors Driving the Trend towards TOD

3-15

3.3.3.2

Principals of TOD

3-15

3.3.3.3

Components of TOD

3-17

3.3.3.4

The Implementation Tools of TOD / Compact Cities

3-17

3.3.3.5

Benefits of TOD

3-18


3.3.3.6

Brownfield Development 3.3.3.6.1

3.3.4

Implementation of Brownfield Development 3-20

Sequential Approach (SA) – prioritizing development for Smart Urban Growth

3.3.5

3-26

ISUG Database Management and Decisions Support System for Integrated Planning, Managing and Monitoring of Urban Growth

3-29

3.3.6.1

ISUG Database Management System

3-31

3.3.6.2

ISUG Decision Support System

3-33

3.3.6.3

ISUG Indicators

3-58

3.3.6.4

ISUG Cost Benefit Assessment

3-35

3.3.6.5

Adoption, Adopting and Incorporation of available systems

3.3.7

3-22

Community Participation and Support (CPS) for responsive planning and management of Urban Growth

3.3.6

3-19

3-38

Urban Forms, Urban Design, Incentive-Based, Performance Based, Licensing Control and other Approaches For More

3.3.8

3.3.9

Effective Development Control.

3-42

3.3.7.1

Urban Farm and Urban Design Control Guidelines

3-43

3.3.7.2

Incentive Based Control Guidelines

3-45

3.3.7.3

Performance Based Control Guidelines

3-46

3.3.7.4

Planned Unit Development Guidelines

3-47

3.3.7.5

Licensing Control Guidelines

3-48

Development Changes and Transfer of Development Rights to promote better development

3-50

3.3.8.1

Transfer of Development Right

3-50

3.3.8.2

Development Changes

3-54

Government Fiscal Incentives

3-57


CHAPTER 4 4.0

IMPLEMENTATION OF THE ISUG APPROACH IN THE MALAYSIAN DEVELOPMENT PLANNING SYSTEM 4.1

Introduction

4-1

4.2

Incorporation of ISUG Approach Into The Development Planning Process

4-1

4.2.1

ISUG Strategies that can be incorporated into Development Policies and Plans

4-2

4.2.1.1 The Five Year Malaysia Plans

4-2

4.2.1.2 The National Physical Plan

4-3

4.2.1.3 The National Urbanization Policy

4-3

4.2.1.4

4-7

State Structure Plans

4.2.1.5 Local Plans

4-13

4.2.1.6 Local Government Act 1971

4-14

4.2.1.7 National Agriculture Policy

4-15

4.2.1.8 The Building and Common Properties ( Management and Maintenance) Act 2007 (Act 663)

4-15

4.2.1.9 The Uniform Building Bye Law 1984

4-15

4.2.1.10 Local Government Act 1971

4-15

4.2.1.11 The Building and Common Properties ( Management and Maintenance) Act 2007 (Act 663) 4.3

ISUG Strategies And Techniques To Address The Weaknesses In The Present Development Planning Process.

4.4

4-16

4-16

Incorporation of ISUG Into The Development Control And Land Management Process 4.4.1

ISUG Strategies and Mechanisms That Can be Incorporated in the Development Control and Land Management Process

4.4.2

4-18 4-18

ISUG Strategies and Mechanisms to address the weaknesses in the present Development Control and Land Management Process 4-20


4.5

Incorporation Of ISUG Into The Plan Implementation, Monitoring And Enforcement Process

4-21

4.5.1 ISUG Strategies and Mechanisms that can be incorporated in the Plan Implementation, Monitoring and Enforcement Process.

4-21

4.5.2 ISUG Strategies and Mechanisms to address the weaknesses in the Plan Implementation, Monitoring and Enforcement Process. 4.6

4-22

The Recommended Approach And Overcoming Weaknesses In The Malaysian Planning And Development System

4-23

CHAPTER 5 5.0

THE NEXT STEPS 5.1

Introduction

5.2

Road Show To Inform And Adopt The ISUG Approach

5.3

5-1

To Policy Makers At All Levels

5-1

5.2.1

Criteria for Implementation

5-2

5.2.2

Mechanism for Implementation

5-3

Further Research and Studies

5-4

5.3.1

The Integrated Planning Management (IPM) Approach

5-4

5.3.2

Urban Growth Boundaries (UGBs), Urban Growth Areas (UGAs) and Green Reserves (GRs)

5.3.3

5-5

Transit Oriented Development (TOD) and Compact City Development (CCD)

5-6

5.3.4

Sequential Approach

5-6

5.3.5

Community Participation and Support

5-7

5.3.6

ISUG Database Management and Decision Support System (ISUG-DMDSS)

5-8


5.3.7 5.3.8

Urban Form, Urban Design, Incentive-Based, Performance-Based, Licensing Control and Other Control Approaches

5-9

Development Charges and Transfer of Development Rights

5-9

5.3.8.1 Development Charges

5-9

5.3.8.2 Transfer of Development Rights

5-11

5.3.9

5-10

Government Fiscal Incentives

CHAPTER 6 6.0

CONCLUSION

List of Figures Figure 2.0

Summary of The Goals & Strategies of Smart Growth

2-11

Figure 2.1

The Development Plan System In The United Kingdom

2-18

Figure 2.2

Summary of Alternate Development Control Approaches

2-26

Figure 3.1

The ISUG Approach and Its Strategies

3-2

Figure 3.2

Integration of land use and transport outcomes

3-4

Figure 3.3

Flow Chart of Integrated Planning Management Approach

3-8

Figure - 3.4

Urban Growth Boundaries Principles

3-11

Figure 3.5

Implementation Process in The Transfer of Development Rights

3-54


List of Tables Table 2.1

Comparison of Smart Growth and Conventional (Sprawl)

2-6

Table 3.1

Summary of the ISUG Database Management And Decision Support System

3-36

List of available Data Base Management Systems Related to Planning And Development By Malaysian Agencies And Departments

3-41

Summary of Urban Form, Urban Design and Incentive Based and Approaches For Effective Development Control

3-49

Issues and Weaknesses in the Malaysian Land Development System and the ISUG Approach to address these

4-3

The Relevant Strategies of the ISUG Approach to achieve the NUP Thrusts

4-5

Table 4.3

NUP City Centre Policies and the ISUG Strategies

4-6

Table 4.4

Penang State Structure Plan – Incorporation of the ISUG Approach into the Sectoral Policies and Strategies. 4-8

Table 4.5

Negri Sembilan State Structure Plan – Incorporation of the ISUG Approach into the Sectoral Policies and Strategies.

4-12

Table 4.6

ISUG Strategies to address the issues and weaknesses in the Preparation of Development Plans

4-16

Table 4.7

ISUG Strategies to address the issues and weaknesses in the Development Control and Land Management Process

4-20

ISUG Strategies to address the issues and weaknesses in the Plan Implementation, Monitoring and Enforcement Process

4-22

Table 3.2

Table 3.3 Table 4.1 Table 4.2

Table 4.8


D R A F T

F I N A L

R E P O R T

1.0 INTRODUCTION 1.1

EXPANDED AIM AND SCOPE OF WORK

The Study on the possibilities of adopting and adapting the Sequential Approach into the

1.1.1

Expanded Aim of the Study

Malaysian Planning and development system

To recommend an urban planning and

found that the Approach was inadequate to

management approach that addresses

address many urban issues in Malaysia.

urban growth and development issues in

Volume 1 of the report has presented the

an integrated, holistic and sustainable

detail findings as well as recommendations

manner that can be incorporated in the

and conclusions.

development

planning

system

of

Peninsular Malaysia. Hence, to address the urban planning and

1.1.2

development issues of the country, the study team

extended

the

research

to

Expanded Scope of Work of the Study

find a. To identify and analyse the major

alternative approaches that have been used This Volume will outline the

problems and issues of urban

research findings and concerns and make

growth and development, and in

recommendations on the approach that

the planning and management

would be best to meet up with urban

of

planning

and

development

issues

in

Malaysia in general, and in the

Malaysia,

with

the

achieving

study areas of George Town and

internationally.

goal

of

these

issues,

in

Seremban, in particular;

sustainable development. 1-1

Peninsular


D R A F T

b. To

study

and

available

F I N A L

evaluate

innovative

urban

planning and management approaches, such as Smart Growth and New Urbanism, that

can

growth

address

and

problems

urban

development

and

issues

more

effectively. c. To analyze the suitability of these

approaches

solving

urban

towards

growth

and

development problems and issues in Peninsular Malaysia. d. To formulate an integrated and holistic urban planning and management approach that

is

suitable

Malaysian

for

the

development

planning system. e. To recommend and suggest further studies and further work to be done for the adoption of the

new

approach

in

Peninsular Malaysia.

1-2

R E P O R T


D R A F T

2.1

F I N A L

R E P O R T

management

INTRODUCTION

of

Urban

Growth

and

development. An

extensive

literature

research

was 2.1.1

undertaken by the Study team mainly on urban issues and innovative approaches in

‘Smart Growth’ is a term that describes

other countries. Studies of several countries in

the efforts of communities across the

Europe and the United States were looked at, mainly

through

chapter

shall

internet

research.

outline

the

United States to manage and direct

This

growth in a way that minimises damage

alternative

to the environment and builds liveable

approaches that have been accepted and implemented

by

policy

makers

towns and cities (City of Austin, 1995). It

and

refers to land use and development

governments in other developed countries in

practices that enhance the quality of life

order to address the multitude of urban

in communities, preserve the natural

planning and development issues. The first of

environment and save money over time.

these is the concept of Smart Growth and secondly,

there

is

the

New

The aim is to limit costly urban sprawl, use

Urbanism

tax dollars more efficiently and create

Concept. New approaches in development

more

planning may need new approaches in development control. also

examined

new

liveable

communities.

(Curran,

2003). According to Smart Growth BC

Thus, this study has approaches

Smart Growth

(British Columbia), Canada (2002), a

in

“Smart Growth” is a collection of urban

development control as these will have

development strategies to reduce sprawl

implications on the implementations and 2-1


D R A F T

F I N A L

R E P O R T

and that enhances our quality of life,

resources

(land,

infrastructure

protects our environment, and uses

materials),

cost

tax revenues wisely.

property values. Smart growth comes in

‘Smart Growth’ should include the

many forms and is essentially a new

following criteria or ideas:

name for various land use patterns and

less

and

and

increase

infrastructure funding mechanisms for a. Creating

more

which

compact

people

are

concerned

with

developments

via

infill

neighbourhoods. The new features of this

developments

and

new

package of strategies are recognition that suburban development should not

developments;

be subsidised by taxpayers and that

b. Encouraging infill development for more

efficient

use

of

sustainability goes beyond consideration

existing

urban assets and infrastructures.

of the natural environment and includes

c. Creating walkable, transit oriented

social concerns like affordable housing.

and mixed use developments;

Smart growth works from a regional to

d. Providing

a

variety

transportation

choices

site and building scale. (Curran, 2003)

of (walk,

The eight goals or principles of Smart

cycle, transit and private car);

Growth according to Curran (2003) are:

e. Offering housing choices and mix of different type or cost of houses; f.

a. Promoting urban revitalisation and a

Promoting sense of community in new

and

expanding

healthy working land base by rural

areas

through quality design and active

preservation

public participation;

urban

g. Conserving sensitive

areas

areas,

containing channelling

development

into

existing

and

neighbourhoods

and

adopting

natural

integrated

h. Protecting

by

environmental

resources; sufficient

planning

and

management approaches.

agriculture

b. Incorporating

lands and food production sector;

green

infrastructure

into communities.

and i.

and

Establishing

and

c. Creating

maintaining

compact

complete

communities by mixing land uses and

urban growth boundaries.

using land more efficiently. d. Increasing

Smart growth practices range from promoting

compact

transportation

choices

through land use decisions.

complete

communities to supporting a viable

e. Creating inclusive neighbourhoods

working land base. Smart growths are

by ensuring that a diversity of housing

developments

types are accessible to a wide range

that

conserve 2-2


D R A F T

F I N A L

of people of different age groups,

Smart growth requires adherence to all of the

family types and incomes. f.

R E P O R T

following actions:

Maximising the enduring benefits of

developments

by

Æ

using

anticipated growth in economic activity,

resources wisely on sites and in buildings

that

are

specific

tailored

Planning for and accommodating population and housing demand as well

to

as ongoing changes in demographics

neighbourhood

and lifestyles while protecting the

conditions.

environment.

g. Supporting

municipal

goals

through cost recovery by ensuring

Æ

Providing for a wide range of housing

that development cost charges

types to suit the needs, preferences and

and other taxes and fees reflect

income levels of a community's diverse

the true cost of different types of

population.

growth. h. Promoting

smart

throughout process

the

development

by

reforming

administrative

Æ

growth

processes

planning process at the local level that clearly identifies land uses, such as residential, commercial, recreational

and

and industrial as well as land to be set

addressing liability issues. According

to

NAHB

aside as meaningful open space.

(2002)

Æ

smart

and expansion of roads, schools, water

demand for housing created by an prosperous

population

economy

by

and sewer facilities and other

and

infrastructure required to serve a

building

prosperous community.

political consensus and employing market-sensitive and innovative land use planning concepts. meeting

the

housing

Æ

In means demand

Adopting balanced and reliable means to finance and pay for the construction

growth means meeting the underlying ever-increasing

Adopting a comprehensive landuse

Using land more efficiently by allowing higher density development and

in

innovative land use policies and

"smarter" ways by planning for and

encouraging mixed use and pedestrian

building to higher densities, preserving

friendly developments with access to

meaningful

open

space

open space and mass transit.

and

protecting environmentally sensitive

Æ

areas.

Revitalizing older suburban and inner-city markets and encouraging infill development.

Æ

Planning should be the exclusive province of local units of government.

2-3


D R A F T

F I N A L

R E P O R T

Smart growth recognizes connections

(where there is potential for natural

between development and quality of

disasters), and land areas that need

life.

protection

It

leverages

new

growth

to

(farmland,

improve the community. In general,

environmentally

sensitive,

historic,

smart growth invests time, attention,

natural or recreational area).

and resources in restoring community and vitality to centre cities and older

c. Green Space - Preserve farmland

suburbs. New smart growth is more

and natural areas throughout the

town centred, is transit and pedestrian

state and provide for their local and

oriented, and has a greater mix of

regional interconnection.

housing, commercial and retail uses. It d. Walkable Communities - Design new

also preserves open space and many other environmental amenities. But

and

preserve

there is no “one-size-fits-all� solution.

neighbourhoods

and

existing communities

with the pedestrian and bicyclist in According to North Carolina Smart

mind to foster walkability, safety and

Growth

a sense of place.

Alliance

(NCSGA),

smart

growth principles which have been e. Integrated Transportation - Create a

used by them to guide public policy, development practices, community

seamless,

planning and design are:

transportation system, which interlinks new

a. Mixed

Use

Activity

Centres

regional,

and

employment,

-

existing

multi-modal residential,

commercial

and

recreational areas.

Promote mixed use, activity-rich centres of various scales for each f.

city, town and crossroads to serve as

centres

educational, economic

of

civic,

social,

cultural

and

life,

and

Enhanced Civic Realm - The civic realm should be viewed as a legacy to future generations.

as g. Affordable Living -Ensure the costs

transportation hubs.

associated b. Appropriate

Pattern

with

living

in

North

Carolina are affordable for all.

of

Development - Clearly define land h. Shared Benefits - Share resources and

areas that are appropriate for development

(where

there

distribute benefits of growth within

is

existing infrastructure and public

each

services), land areas that are

improve the quality of life for all its

inappropriate

citizens.

for

development 2-4

North

Carolina

region

to


D R A F T

i.

F I N A L

Community Collaboration -For all development

decisions

that

R E P O R T

Photo Transportation (integrated) in Singapore

a

community makes, encourage a wide range of stakeholders to participate in the process. j.

Fairness

in

Approving

Development

-Make

development

decisions

predictable,

fair

and

cost

effective. 2.1.1.1 Comparison Between Smart Growth and Conventional (Sprawl)

Urban Sprawl photo from Prof Hedgerock’s Slides

Jerry Weitz & Associates, Inc (2001) in a document called “Smart Growth Audit” makes a comparison between Smart

Growth

and

Convention

(sprawl) developments, as shown in Table 2.1 However, some additional points have been added with italic font.

2-5


D R A F T

F I N A L

R E P O R T

Table 2.1: Comparison of Smart Growth and Conventional (Sprawl) SMART GROWTH TOPIC

SPECIFIC CONSIDERATION

Land supply, landuse and urban form

Land consumption

CONVENTION (SPRAWL)

More efficient use of land as a limited resource. Infill and redevelopment. Maximum use of existing developed areas. Higher

Not as efficient and generally a more excessive land consumption pattern, larger individual lots. Greenfield development. Expansion into new / undeveloped areas.

Scattered, dispersed and leapfrogged

Open space provision

Compact and contiguous Mixed; jobs and housing balance Land as a resource; sustainability Maintain, enhance and expand

Open space location

Proximate to all users; connected

Brownfileds Energy

Clean up and reuse Conservation

Values / ethics

Choice; diversity; affordability Disperse in all locations, especially in city/activity centres Wider variety, mixtures of types

Directional focus growth

of

Density intensity Urban form

/

Landuse Natural resources and the environment

Housing

Values / ethics

Location Type of mixes

Transportation

COMPARISON SMART GROWTH

unit;

Cost

Sufficient for all incomes. Example, mixed income housing

Orientation Road system and network pattern Accessibility

Multiple modes Grid or network streets

Predominant streets Street pavement widths

of

Interconnectivity encouraged Through streets with alleys encouraged Skinny; concept of street ‘diets’

2-6

Lower

Single function and separated Land as commodity; satisfy market preferences. Provide when supported by market force. Provide as per Malaysian Government requirement. Normally following the minimum requirement only. Inaccessible; unconnected; include ‘remnant’ parcels of left-over pieces of land Abandon More consumptive due to separation of users and location in areas without infrastructure Provide what the market will bear. Predominantly in exclusive residential areas (subdivisions) Predominantly detached, single-family; rigid separation of types and price Market fails to provide affordable units for all incomes Provide low cost housing as per Malaysia Government requirement. Normally, with poor location. Automobile-dominant Hierarchy of arterials, collectors and local streets. Separation encouraged Cul-de-sac and collectors Wide / more excessive than needed for functionality


D R A F T

Other infrastructure

F I N A L

R E P O R T

Pedestrian facilities

Routinely provided; walkability encouraged

Generally not encouraged

provided;

walking

not

Transit

Provide choices for use of transit

Densities are too low and patterns too spread out to support transit.

Water and sewer Funding considerations

Timely and concurrent Use lowest cost means provision of systems Concern with unfair Public subsidies; extension of facilities development costs; without efficiency and equity maximise existing considerations. investments Permitting Orientation Focus on reforming Multiple, uncoordinated process; time processes procedures for greater consuming timelines, efficiency and fairness. Other Values/ethics Concern for social Not-In-My-Backyard (NIMBY); Citizens equity and Against Virtually Everything (CAVE) environmental justice Regionalism Limited connectivity; generally insular Source: Jerry Weitz & Associates, Inc (2001) in Atlanta Regional Commission, “Smart Growth Audit”.

British Columbia (BC) and highlights other

2.1.1.2 Implementation of Smart Growth

innovations in the US and Europe. Case a. Smart Bylaws Guides of West Coast

for Smart Growth is one element of the

Environmental

Guide and presents credible evidence

Law

2003,

British

Columbia

and the economic rationale for local governments to adopt smart growth

West Coast Environmental Law of

strategies. (Curran, Deborah 2003)

British Columbia has developed a Smart Bylaws Guide to assist local

Smart Growth Goals and the Smart

governments

smart

Growth Strategies mentioned in the “A

growth strategies through policy and

Case For Smart Growth - West Coast

bylaw changes. It describes smart

Environmental Law 2003” are as below:

to

implement

growth practices and backs up the theory with case studies, technical

Goal 1: Promoting urban revitalization

standards and bylaws that can be

and a healthy working land base by rural

tailored

preservation and by containing urban

to

specific

municipal

circumstances. (Curran, 2003)

areas,

channeling

development

into

existing neighbourhoods and adopting The Guide brings together the best

integrated planning and management

practices

approaches.

of

municipalities

across

2-7


D R A F T

Under

this

goal,

the

F I N A L

R E P O R T

Goal 2: Incorporating green

available

infrastructure should be used before

infrastructure into communities.

financing is made available for new growth. Refusing to subsidize sprawl

Green infrastructure are often less costly

and supporting urban revitalization

than

are complementary approaches to

aesthetic and social benefits. The green

smart growth. The key to drawing

infrastructure can also increase property

attention back into the town centre is

values as it is viewed as an amenity in

through

neighbourhoods and includes:

integrated

planning

hard

infrastructure,

and

offer

(planning for the community as a whole, including its environmental,

economic and social health) and

rivers, creeks, streams and wetlands that retain and carry storm water,

permitting. (Curran, Deborah 2003)

improve

Smart growth strategies that achieve

parks

and

habitat using

urban

containment

revitalization

and

ensuring

every

and

provide

that

link

recreation

working lands such as agricultural or aquifers and watersheds that provide drinking water;

neighbourhood

and community has a focal point and

greenways

forested areas;

the

preservation of working lands;

and

opportunities;

boundaries (UCB) to encourage urban

quality,

provide habitat;

goal 1 include:

water

open ditches that are important as habitat and for the hydrologic cycle;

economic centre;

taking a systems approach to

engineered

wetlands

and

storm

integrating

water detention ponds that retain

watershed, road, transportation,

storm water and improve infiltration;

green infrastructure, community,

and

planning

by

neighbourhood,

affordable

housing

economic

and

trees and rooftop gardens that clean air and cool urbanized areas in the summer.

development plans;

adhering to municipal plans; and

using performance indicators and

Smart growth strategies that achieve

monitoring to track progress.

goal 2 include:

implementing green and blue spaces strategies to acquire and connect the

2-8

green infrastructure;


D R A F T

planning

for

integrated

F I N A L

R E P O R T

storm

achieving

subdivisions

complement

that

the

more

efficiently

by

creating

housing

diversity

and

commercial viability through sensitive

green

infrastructure;

densification

setting performance standards for

compromise the character of the

impermeability,

infiltration,

neighbourhood;

cover, and

ecological

tree •

shaping

that

does

not

and

development

through

design guidelines.

functioning; and

land

building in existing neighbourhoods;

water management;

using

supporting working lands through buffering, zoning and integrated

Goal 4: Increasing transportation choices

planning.

through land use.

Goal 3: Creating compact complete

Creating land use patterns that make

communities by mixing land uses and

non-automobile transportation efficient.

using land more efficiently.

This includes creating adequate densities to support public transit and tailoring

Smart

growth

compact

aims

complete

create

road widths and parking requirements to

communities

actual use. It also means managing the

to

from

demand for roads by placing equal

residences is a five-minute distance

investment in the infrastructure for non-

on

automobile transportation.

where

access

foot.

to

Corner

services stores

and

neighbourhood commercial centres are supported by density clustered

Smart growth strategies that achieve

around

goal 4 include:

the

commercial

centres.

Diversity of housing types will allow housing

creating multiple-use roadways;

needs in the same neighbourhood

linking transportation modes;

throughout different life stages.

tailoring speed limits and road widths

individuals

to

meet

their

to uses; •

Smart growth strategies that achieve

• mixing housing, jobs and green infrastructure in neighbourhoods and on some sites; •

parking

requirements

neighbourhood needs; and

goal 3 include: •

scaling

sharing public facilities;

2-9

managing transportation demand.

to


D R A F T

F I N A L

R E P O R T

development standards to site-specific Goal

5:

Creating

conditions.

inclusive

This

unique

neighbourhoods by ensuring that a

increases

diversity

are

developments by providing amenities on

accessible to a wide range of people

site and nearby, and decreases long-

of different age groups, family types

term operating costs for owners and

and incomes

municipalities. This trend is particularly

of

housing

types

the

treatment

attractiveness

of

evident in the high performance building Integrating different housing types

field

into

creates

efficient buildings) where the uptake of

increases

green building technologies and the

all

resident

neighbourhoods stability

and

(energy,

water

and

resource

also

Leadership in Energy and Environmental

recognize that they cannot rely on

Design (LEED) building rating standard

the market to build the full range of

has been exponential in British Columbia

desirable housing types, and are using

over the past three years.

affordability.

Municipalities

a variety of tools to create affordable market and non-market housing.

Smart growth strategies that achieve goal 6 include:

Smart growth strategies that achieve

goal 5 include:

clustering development on sites to maintain the functioning of the green infrastructure;

supporting secondary suites;

promoting rental housing;

using density bonuses to acquire

• •

6:Maximing

the

permit

encouraging the redevelopment of brownfield sites;

managing a housing trust fund.

Goal

development

conditions to site conditions;

affordable housing; and •

tailoring

greening industrial lands; and

adopting green building standards.

enduring

benefits of developments by using

Goal

resources

in

through cost recovery by ensuring that

buildings that are tailored to specific

development cost charges and other

neighbourhood conditions

taxes and fees reflect the true cost of

wisely

on

sites

and

7:

Supporting

municipal

goals

different types of growth Each

community,

neighbourhood,

and site is unique. To reflect this

Municipalities may recover part of the

diversity and incorporate the green

costs for roads, parks, sewer and water

infrastructure

communities,

infrastructure that new developments

tailoring

incur for a municipality. Across BC, most

municipalities

into are

2-10


D R A F T

municipalities

charge

F I N A L

R E P O R T

these

development cost charges (DCC’s)

Smart growth strategies that achieve

on

goal 7 include:

a

per

unit

(for

residential

development) or square foot (for commercial

development)

basis.

changing development cost charges

These calculations rarely take into

to reflect the true cost of infill

account whether the development

(building

can

take

advantage

of

existing

where services are already in place)

infrastructure, or the actual use the

versus

development will make of municipal

(building

infrastructure. This is also true for tax

unserviced

land)

and

and

at

performance

versus

conventional

of

buildings.

fee

calculations

recovering

some

of

aimed

the

cost

services. The costs of development and

ongoing

municipality

servicing

are

less

if

to

buildings

incorporate

ensure

on

development

undeveloped

that

DCC’s

reflect

and high

the

declining infrastructure costs to a

a

municipality

existing

as the density of

development increases

infrastructure can be used and if the new

greenfield

green

technologies. DCC’s and property All the above are summarized in figure 2.0.

taxes can reflect these differences in cost, and encourage more efficient development.

Figure 2.0 : Summary of The Goals & Strategies of Smart Growth HOW? • Urban containment boundaries • Encourage urban revitalization

HOW?

• Every community & neighbourhood has focal economic centre

• Preserve streams, rivers & wetlands

• System approach to planning

• Network of linked parks to preserve habitat & provide recreation

• Adhere to local plan

• Preserve water catchment areas

• Use performance indicator to monitor

• Trees, rooftop gardens • Integrated Stormwater Management

• HOW?

HOW?

• Changing / suit development charges for Infill vs. Greenfield Development

• Mix housing, jobs

• Ensure that development changes reflect declining infrastructure costs as density increase

1 7

2

GOALS OF SMART GROWTH

6

5

• Share public facilities • Build within existing neighbourhoods • Create housing diversity

3

• Sensitive densification • Design guidelines to shape development

4 HOW? • Create multiple use roadways

• HOW?

• Link transportation modes

• Cluster development

• Limit parking requirements

• Redevelopment on Brownfield • Green Industrial sites

• HOW?

• Adopt green building standards

• Diversity of housing types for wide range of people • Promote rental housing • Density houses • Housing trust fund by LA

2-11

• Manage transport demand


D R A F T

F I N A L

R E P O R T

Smart growth have various policies and

New

urbanism

is

an

urban

design

strategies within it to achieve the goals of

movement whose popularity increased

urban sustainability.

beginning in the 1980s and early 1990s. The goal of new urbanists is to reform all

2.1.2

New Urbanism

aspects

suburban infill. It addresses many of the

around the world, especially in North modern

ills

European

of

current

sprawl

development

pattern while returning to a cherished

cities.

American icon – compact and close-knit community (Katz, P., 1994).

Majority of the literature on urban sprawl indicates that sprawl has more

The New Urbanism is concerned with

disadvantages than advantages and

both the pieces and the whole. It applies

the costs supersede benefits. If we

principles of urban design to the region in

continue with business as usual, sprawl

two ways. First, urbanism is defined by its

is expected to become worse and

diversity, pedestrian scale, public space

may become out of control. Many

and

urban scholars and planners argue

similar

of sprawl. The answer could be found

public

as “New Urbanism.�

Second,

the

entire

urban

principles.

Its

space,

its

circulation

system

should support the pedestrian, it should be both diverse and hierarchical, and it

The new urbanism is a reaction to

should

sprawl. It is based on principles of work together to create human-scale, walkable communities.

the

new

of

edges

urbanist

design.

New

urbanist

neighborhoods are walkable, and are

new

designed to contain sprawl.

urbanism movement believe in the ability

discernible

There are some common elements of

Traditional

architects and those with modernist form

have

(Calthorpe, P., 1994).

urban planning and architecture that

and

bounded

neighbourhood is to be structured by

on a relatively new movement known

who

of

region should be designed according to

paradigm shift to contain the problem

sensibilities

structure

neighbourhoods.

urban development need to have a

power

environment

include everything from urban retrofits to

has occurred in many urban areas and

built

development and urban planning which

Urban sprawl is a phenomenon that

American

of

traditional

From this movement, various ideas and

neighborhoods to restore functional

development

and sustainable communities.

concepts

had

been

initiated for better, more sustainable, more 2-12

liveable

and

smarter

growth


D R A F T

development

for

new

or

F I N A L

R E P O R T

According to Bressi, T. W. (1994), the New

existing

Urbanism represents a rediscovery of

development area.

planning and architectural traditions that have shaped some of the most livable, memorable

The ideal neighbourhood design (New

communities

in

America

urban precincts and traditional small

Urbanism) principles described by Duany, A.

towns

and Plater-Zyberk, E. (1994) are in line with the

where

life

centres

around

a

courthouse square, common, plaza, train

other smarter development ideas or

station or main street.

concepts such as Transit Oriented Development (TOD) Neighbourhood, Traditional Neighbourhood Development

2.2

(TND) and Mixed Use Neighbourhood. The neighbourhood has the following

Alternative Approaches for Development Planning and Control In an attempt to overcome some of the

characteristics:

weaknesses in the present systems and procedures

Æ The neighbourhood has a centre and an

of

development

plan

preparation and development control,

edge;

several approaches in these processes

Æ The optimal size of a neighbourhood is a

that have been adopted in UK and the

quarter mile from centre to edge;

US can be studied.

Æ The limited area gathers the population of a neighbourhood within walking 2.2.1

distance of many of their daily needs,

Local Development Framework

such as a convenience store, post office, community police post, automatic bank

The present system of plans in Peninsular

teller, school, day care centre and transit

Malaysia follows very closely the system

stop;

of the 1974 Town and Country Planning Act of UK. Since then, the two-tier system

Æ The neighbourhood has balanced mix of activities, which are dwelling, shopping,

of planning in UK has had its successes

working, schooling, worshipping and

and its failures. “Unitary Plans” later

recreating;

replaced the structure and local plans in

Æ The neighbourhood structures building

Greater London and in Metropolitan

sites and traffic on a fine network of

Councils. The UK Government Green

interconnecting streets; and

Paper of December 2001, “Planning: Delivering

Æ The neighbourhood gives priority to public

a

Fundamental

Change,”

“the present system,

space and to the appropriate location of

concluded that

civic buildings.

by general consent, does not deliver our objectives. We want a system that is capable of reaching 2-13


D R A F T

F I N A L

R E P O R T

decisions that command public

be over-ridden when planning decisions

confidence and which is seen to

are made. This makes it hard for those

be open and fair; a system that

using the system to be confident that

underpins

our

desire

they know what policies apply;

to

improve productivity by being

iii) Plans are too long. Local plans have

capable of reaching a proper

tended to address the development

balance between our desire for

status of every part of their area and

economic development and for

they

thriving communities; a system

development control eventuality. Rather

that

than setting out a clear strategy for

is

clear

and

often

try

development,

comprehensible, that comes to

lengthy and

robust decisions in sensible

to

anticipate

they

have

inflexible

every

become

rule-books

for

development control;

time frames.”

iv)

Preparation is slow and expensive.

The planning problems faced in UK

Because local plans are site-specific and

under

comprehensively

the

old

two-tier

planning

cover

a

local

system, were very similar to the ones

authority’s area, they attract numerous

faced in the Malaysian situation. The

representations from both developers

problems include:

and those opposing development. Delay in dealing with contentious proposals

i) Planning is over complex, remote,

can hold up adoption of the rest of the

hard to understand and difficult to

plan. Significant numbers of plans are not

access.

raised

yet in place. We cannot continue with a

include the multi-layered structure of

system that takes over five years, and as

plans with up to four tiers in some

much as ten, to put a plan in place;

Issues

commonly

areas, at national, regional, county and local levels. Plans are often out of

v) Local plans are too inflexible. Because

date and can be inconsistent with

plans contain so many detailed policies,

one

they are time consuming and expensive

another

and

with

national

planning guidance.

to review. As a result, it is difficult to make changes to

ii) There are too many inconsistencies.

reflect

new

policies

or

changing local circumstances;

Too often local plans are inconsistent with policies set out at regional or

vi) System fails to engage communities.

national level. If there are policy

The current system is very “consultative”

changes at a higher level, a plan can

but despite that, too often fails to 2-14


D R A F T

F I N A L

R E P O R T

engage communities. The result of all

a

this

preparation of plans, in practice the

is

that

the

community

feels

statutory

requirement

in

the

complexity and length of the process has

disempowered:

made it difficult to engage the whole

the procedures that lead to the

community

adoption of a plan can be so

problems are very real. They deprive us

protracted that few community

of the system we need to plan for a

organisations or businesses with an

sustainable

interest can afford to sustain their

planning system the subject of constant

involvement. There is a perception

attack and its decisions suspect. This in

that the system favours those with

turn

the deepest pockets and the

planning profession and damaged its

greatest stamina;

ability to recruit new blood. Until there is

planning committees can make

a clear sense that the system has

decisions on planning proposals

overcome these problems, it will not

without the significant objectors

attract the degree of public confidence

having an opportunity to present

that a good planning system deserves.”

has

effectively.

future.

All

They

seriously

these

make

demoralised

the

the

their case;

some planning procedures are

As a result, a new planning system was

legalistic

proposed. Five core principles underpin

and

effective

participation tends to demand at

the proposals:

least some specialist knowledge.

i)

planning

must

be

responsive,

People who are inexpert in the

particularly

to

workings of the system find this

challenges

such

difficult

sometimes

globalisation and climate change,

community organisations can find

and properly integrate economic,

it hard to present their case

social

without

objectives to deliver sustainable

and

access

to

professional

longer as

and

term

increasing

environmental

development;

advice. ii)

the planning system should be

The Green Paper concludes that: “As

streamlined,

a result, development plans are failing

predictable; iii)

their users. People find the plan

there

must

adoption process both complex and

opportunities

obscure. At the end of it, the status of

consultation

the plan is sometimes uncertain. This

engagement; iv)

affects the ability of business to plan

efficient be

full for

and

and

and

fair

public community

the planning system should be transparent and accountable; and

with confidence. Whilst consultation is 2-15


D R A F T

v)

F I N A L

planning should be undertaken

R E P O R T

simplify compulsory purchase regime.

at the right level of government – national, regional and local.

Local Development Frameworks (LDFs),

(UK Government 2001 Green

are made up a number of “Local

Paper, Planning: Delivering a

Development Documents” (LDDs) and

Fundamental Change)

“Supplementary Planning Documents” (SPDs). The “Regional Spatial Strategy”

The Town and Country Planning Act of

(RSS), which is produced by Regional

1974 and subsequent amendments

Assemblies in England, replaces the

were, as a result, replaced by the

Structure Plan as the strategic planning

Planning and Compulsory Purchase

document.

Act in 2004. This resulted in a change to the way in which the planning

Local Authorities are also now required

system operates by establishing the

to

“Local

Schemes”

Development

Framework”

produce

“Local

(LDS),

Development

which

outline

the

approach to replace the old system

LDDs/SPDs they intend to produce over a

of Structure Plans and Local Plans.

three year period, and “Statements of Community Involvement” (SCI) which

The new act makes provision relating

outline how the Council will involve the

to spatial development and town and

local community. All LDDs and SPDs also

country planning, and the compulsory

have

acquisition of land. The provisions of

“Sustainability Appraisal” (SA) and a

the act are to:

“Strategic

to

be

accompanied

Environmental

by

a

Assessment”

speed up the planning system,

(SEA). The SEA is a requirement under

increase in the predictability of

European Union laws.

planning decisions,

scrap county led planning,

Local

introduce statutory regional

intended to streamline the local planning

planning (regional spatial

process

strategies),

positive

incorporate sustainable

development. The key aims of the new

development in development

system are:

Development and

Frameworks

promote

approach

a to

are

proactive, managing

plans,

i.

speed up the handling of major

flexibility. Local planning authorities

infrastructure projects,

can

respond

remove crown immunity from

circumstances

planning processes,

spatial

plans

reviewed 2-16

to

changing

and are

more

local

ensure

that

prepared

and

quickly

than


D R A F T

F I N A L

R E P O R T

vi. soundness.

development plans under the old

development

documents must be soundly based in

system;

terms ii.

Local

of

their

content

and

the

and

process by which they are produced.

stakeholder involvement in the

They must also be based upon a

development

robust, credible evidence base.

strengthening

community of

local

communities. Local communities be

The series of documents to be prepared

involved from the outset and

by the Local Planning Authority under

throughout

the

and

all

stakeholders the

will

preparation

of

loading.

authorities

Local

should

planning take

Development

Framework

approach include:

local development documents; iii. front

Local

key

i.

Local Development Scheme (LDS);

ii.

Local Development Documents, of which there are two types:

decisions early in the preparation of local development documents. The aim will be to seek consensus

a) Development

Plan

on essential issues early in the

(DPDs), which includes

preparation of local development

Documents

A “Core Strategy”, ie, policies for

documents and so avoid late

delivering

changes being made;

and vision for the area. The policies

local

be

location

by a key diagram;

objective of contributing to the of

should

strategy

and may need to be illustrated

development

documents are prepared with the achievement

spatial

specific rather than site specific

iv. sustainability appraisal. To ensure that

the

“Site Specific Allocations”, this will cover site specific policies and

sustainable

proposals

development;

which

cannot

be

covered in area action plans and v. programme efficient

management.

management

of

The

should be shown on a “proposals

the

map”. The map will show existing

programme for the preparation of

and

revised

a range of local development

areas

documents in accordance with

conservation areas, defining sites

the local development scheme;

for particular developments or

and

land uses and the areas to which

of

designations land,

such

specified policies apply;

2-17

for as


D R A F T

F I N A L

R E P O R T

“Area Action Plans” for key areas

of

change

conservation:

iii)

or

areas

or

guidance

for

change

or

of

of

Community

Involvement”;

containing

iv) “Annual Monitoring Reports”.

detailed site-specific policies, proposals

“Statement

Government:

Planning

Frameworks) Planning

Documents” (SPDs), which are optional; Figure 2.1 Explains diagrammatically the development plan system in the United Kingdom Figure 2.1 : The Development Plan System in The United Kingdom UK’S TOWN AND COUNTRY PLANNING ACT 1947

STRUCTURE PLANS

LOCAL PLANS

UNITARY PLANS

UK’S PLANNING AND COMPULSORY PURCHASE ACT 2004

THE REGIONAL ASSEMBLY prepares the REGIONAL SPATIAL STRATEGY (RSS) to replace the Structure Plan as the strategic planning document

THE LOCAL AUTHORITY prepares THE LOCAL DEVELOPMENT FRAMEWORK (LDF) To replace the Local Plan

Local Development Scheme (LDS) – 3 year programme of preparation of plans and documents

Policy

Statement 12: Local Development

conservation; b) “Supplementary

(UK

Local Development Documents (LDD)

Supplementary Planning Documents (SPD)

Sustainability Appraisal (SA) Strategic Environmental Assessment (SEA)

Development Plan Documents (DPDs)

Area Action Plans (AAPs)

Core Strategy with a Key Diagram

Site Specific Allocations with a Proposals Map

Statement of Community Involvement

Annual Monitoring Reports

2-18


D R A F T

F I N A L

R E P O R T

It will be difficult to replace the present

standards typically take the form of

structure plan-local plan system in Malaysia,

residential densities, building plot ratios,

with a one-tier planning system similar to the

building lines, setbacks, height limits,

Local Development Framework system, as this

minimum lot sizes, and lot coverage

will require tremendous effort and institutional

limits. This approach is called Euclidean

capacities. Nevertheless, the experience of

Zoning. It is named after the town of

UK planning will be useful for us to consider

Euclid,

seriously. However, the present system and

zoning code. The case wound its way up

procedure can be simplified, to solve some of

to the U.S. Supreme Court which upheld

the issues highlighted. For example, structure

the municipality's ordinance. The case

plans can be made more simple and

was decided in 1926, and the term

general; leaving details in local plans. The

"Euclidean

time taken for preparation structure plans

influenced the content and design of

can be reduces.

zoning codes across the US and Europe

which

challenged

zoning"

the

emerged

city's

and

for decades, and has been followed, 2.2.2

Alternate

approaches

consciously or unconsciously, in many

for

Development Control

other countries, including Malaysia.

The study has identified many areas of

The traditional planning goals associated

weaknesses in the present system of

with

development

control. The

orderly growth, to prevent overcrowding

conventional

approach

development

through

classifications

and

standards.

Typical

classifications

are

“commercial”,

present

of

regulates

Euclidean land

and

zoning

provides

people,

for

alleviate

use

congestion, and separate incompatible

dimensional

uses (such as insuring that a noisy factory

land

cannot

land

use

be

built

near

a

residential

“residential”,

neighbourhood). The greatest flaw in

“institutional”,

pure zoning-by-use is that it ignores how

and

much difference design can make in

“recreational”. Further classifications

insuring the compatibility of neighbouring

may be imposed within each land use

developments.

“industrial”,

“agricultural”

class, such as “offices”, “retail shops”, “wholesale shops”, “restaurants”, and

This zoning approach normally outlines

“hotels”,

“commercial”

prohibitions. The zoning describes what

land use class. Development in each

may not be done (as opposed to

land use zone may then have to

explaining that which is pre-approved).

comply with dimensional standards

In

that regulate the height, bulk and

prohibited, the list grows and grows.

area of structures. These dimensional

Clever developers are always finding

within

the

2-19

trying

to

list

everything

that

is


D R A F T

F I N A L

R E P O R T

weaknesses and loop holes in the

plans of a certain kind will not be true of

guidelines, followed by reactionary

all of them.

attempts to tighten them by the authorities.

2.2.2.1 Form-Based Approach

Over time, the typical zoning plan

A form-based approach or code places

undergoes

more emphasis on regulating the form

constant

revision

to

change the rules, change the maps,

and

scale

of

buildings

to permit overlapping uses, in order to

placement

close loopholes in the rules. With each

spaces (such as sidewalks, street trees,

revision, the typical zoning plan grows

street furniture), with a lesser focus on

more complicated.

land use. Some of the urban planning

along

and

and

their

within public

goals of form-based approach or code The conventional approach seems to

include curbing urban sprawl, promoting

have one significant appeal in the

pedestrian safety, and preserving the

very short term: conventional zoning

fabric of historic neighbourhoods.

would be the easiest to implement now, because it is the basis for the

Form-based approach or code address

development control plan to which

the

many have become accustomed.

facades and the public realm, the form

Other approaches will require more

and mass of buildings in relation to one

deliberation, education, and greater

another, and the scale and types of

political will.

streets and blocks. The regulations and

relationship

standards

between

in

form-based

building

codes,

Due to its lack of flexibility and

presented in both diagrams and words,

somewhat outdated planning theory,

are keyed to a regulating plan that

Euclidean zoning has come under

designates the appropriate form and

scrutiny and criticism.

scale

(and

development

therefore, rather

character) than

of only

A number of alternatives now exist for

distinctions in land-use types. This is in

how local governments can shape

contrast to conventional zoning's focus

their land development regulations. In

on

the paragraphs that follow, several of

segregation of land uses, and the control

these alternatives are discussed in

of

broad terms. Many variations on each

abstract and uncoordinated parameters

theme are possible, and that what is

to the neglect of an integrated built

true of many development control

form.

2-20

the

micromanagement

development

intensity

and through


D R A F T

F I N A L

R E P O R T

Form-based approach or code are

Form-based

drafted to achieve a community

include:

vision based on time-tested forms of

urbanism.

Ultimately,

however,

codes

sometimes

Architectural Standards. Regulations controlling

a

also

external

architectural

materials and quality.

Form-based approach is only a tool; the quality of development outcomes

Landscaping Standards. Regulations

is dependent on the quality and

controlling landscape design and

objectives of the community plan that

plant materials on private property as

a code implements.

they impact public spaces (e.g. regulations

about

parking

lot

Form-based codes commonly include

screening and shading, maintaining

the following elements:

sight

lines,

insuring

unobstructed

pedestrian movements, etc.).

A Regulating Plan. A plan or map

Standards.

Regulations

of the regulated area designating

controlling allowable signage sizes,

the

materials,

locations

where

different

based

on

clear

illumination,

and

placement.

building form standards apply,

Signage

community

Environmental Resource Standards.

intentions regarding the physical

Regulations controlling issues such as

character of the area being code

storm water drainage and infiltration,

Public

development

Space

Standards.

the

public

realm

slopes,

tree

protection, solar access, etc.

Specifications for the elements within

on

(e.g.,

Annotation.

Text

and

illustrations

sidewalks, travel lanes, on-street

explaining the intentions of specific

parking,

code provisions.

street

trees,

street

furniture, etc.).

Building

Form

Regulations configuration,

Eight

Standards.

controlling

the

features,

and

to

Form-Based

Codes (FBCs) i.

functions of buildings that define

Advantages

Because they are prescriptive

and shape the public realm.

(they

state

Administration. A clearly defined

rather than proscriptive (what

application and project review

you

process.

codes (FBCs) can achieve a

Definitions. A glossary to ensure

more predictable physical result.

the precise use of technical terms.

The elements controlled by FBCs

don't

what want),

you

want),

form-based

are those that are most important

2-21


D R A F T

ii.

F I N A L

R E P O R T

to the shaping of a high

conventional zoning documents

quality built environment.

because they are much shorter,

FBCs

public

more concise, and organized for

they

visual access and readability. This

allow citizens to see what will

feature makes it easier for non

happen where-leading to a

planners to determine whether

higher comfort level about

compliance has been achieved.

encourage

participation

because

vii. FBCs obviate the need for design

greater density, for instance. iii. Because they can regulate

guidelines, which are difficult to

development at the scale of

apply consistently, offer too much

an individual building or lot,

room for subjective interpretation,

FBCs encourage independent

and can be difficult to enforce.

development

They also require less oversight by

by

multiple

property owners. This obviates

discretionary

review

the

land

fostering

less

mega

planning

need

assemblies

for

large

and

the

a

bodies, politicized

process

that

could

projects that are frequently

deliver huge savings in time and

proposed for such parcels.

money and reduce the risk of takings challenges.

iv. The built results of FBCs often reflect

a

diversity

viii. FBCs may prove to be more

of

architecture, materials, uses,

enforceable

and ownership that can only

guidelines. The stated purpose of

come from the actions of

FBCs is the shaping of a high

many

quality public realm, a presumed

independent

operating

players

within

communally

public

a

reason

that

promotes

compliance

with

the

codes can be enforced, not on

v. FBCs work well in established because

good

design

healthy civic interaction. For that

agreed-upon

vision and legal framework. communities

than

the

they

basis

of

aesthetics

but

effectively define and codify a

because a failure to comply

neighborhood's existing "DNA".

would diminish the good that is

Vernacular building types can

sought. While enforceability of

be

development regulations has not

easily

promoting

replicated, infill

that

been a problem in new growth

is

compatible with surrounding

areas

structures.

covenants, such matters can be

vi. Non-professionals easier

to

find use

controlled

by

private

FBCs

problematic in already-urbanized

than

areas due to legal conflicts with 2-22


D R A F T

F I N A L

R E P O R T

first amendment rights. - (Form

discussing incentive zoning. Incentive

Based Code Institute (FBCI);

zoning allows for a high degree of

available

flexibility, but it can be complex to

at

administer.

http://www.formbasedcodes. org/definition.html).

2.2.2.3 Performance Zoning 2.2.2.2 Incentive Zoning A key goal of zoning codes is to limit Incentive zoning, as its name implies,

conflicting

offers a reward (usually in the form of

Traditional Euclidean zoning does this by

increased density) to a developer

regulating

who does something "extra" that is in

Performance zoning, however, regulates

the community's interest (such as

the effects or impact of land uses

more open space) or promotes a

through

public

Performance standards usually concern

goal

(such

as

affordable

and land

incompatible use

and

performance

uses. bulk.

standards.

traffic flow, density, noise and access to

housing).

light and air. Developers can build Incentive zoning allows a developer

almost any building that meets the

to

higher-density

performance standards for that district.

project than would be permitted

Therefore, performance zoning allows for

under existing zoning. In exchange,

a great deal of flexibility. This level of

the developer provides something

flexibility makes it a very useful tool, but

that is in the community's interest that

also makes it difficult to administer.

build

a

larger,

would not otherwise be required (e.g., open space, plazas, arcades, etc.).

Whereas traditional land use zoning

The common types of community

specifies what uses land can be put to

benefits or amenities for which state

within specified districts, performance

and local governments have devised

zoning specifies the intensity of land use

incentive programs are urban design,

that is acceptable. In other words, it

human services (including affordable

deals not with the use of a parcel, but

housing), and transit access.

the performance of a parcel and how it impacts surrounding areas.

Incentive zoning has its origins in New York City and Chicago. It has become

There

increasingly common over the past 20

performance zoning approach. In some

years. The terms "density bonuses" or

ways

"community

related

involvement, since variances, appeals

terms and are often used when

and re-zonings are not necessary. It also

benefits"

are

2-23

are it

advantages

requires

less

to

the

administrative


D R A F T

F I N A L

R E P O R T

gives more flexibility both to the

components

municipality and to the developer,

could encourage the following:

allowing more of a range of land uses,

Establishing a community vision;

as

Greater

long

as

negative.

their

This

impact

allows

is

for

not

of

performance

zoning

involvement

and

participation of all stakeholders in the

more

community;

innovation and the incorporation of •

new technologies that may not be

Protecting

and

preserving

the

environment;

accommodated in more traditional •

zoning ordinances. This encourages

More

collaborative

rather

than

confrontational planning processes;

more communication between the •

public and private sectors.

Conditionally

approving

developments at a higher level; Also, performance zoning is more

Reducing the number of districts; and

effective in the preservation of natural

Re-engineering existing systems to

features, since it evaluates directly the

remove obstacles to quick approvals,

impact, rather than indirectly through

new

listing permitted and denied uses.

technologies.

designs

and

building

of

Under Performance Zoning, land is not

performance zoning is that as a result

regulated by bulk or use. Instead, the

of its flexibility it is subject to a steeper

zoning code sets forth "performance

learning

traditional

standards" which regulate the effects of

ordinances, land uses are listed as

land uses, not the uses themselves. Any

absolutes,

not

land use - whether residences or steel

allowed. Under performance zoning

ingot manufacturing or fish markets -

uses

through

which meets the performance standards

sometimes confusing calculations of a

set forth in the code is allowed within the

variety of factors. This requires local

zoning district. Performance standards

zoning administrators to be more

typically regulate light and air flow along

adept at making appropriate and fair

with noise, traffic and other nuisances.

A

primary

disadvantage

curve. either

are

In

allowed

determined

or

determinations based on sometimes subjective criteria, and can lead to

Performance

more legal challenges.

effective than citywide noise or traffic standards

zoning

because

can it's

be

more

tailored

to

Studies have indicated perhaps the

individual areas and understands that

best

a

"compatible" land uses don't always

combination of traditional zoning and

make good neighbours. An office might

performance

not be a noisy neighbour compared to a

approach

to

zoning

zoning.

is

Including 2-24


D R A F T

F I N A L

R E P O R T

restaurant, but the code treats all of

a certain number of similar, large-lot

them as "businesses" and keeps them

detached houses, under the PUD, the

away from houses. A nightclub might

same parcel might be approved instead

produce too much night time noise

with a specific plan for a more compact

and traffic to fit into a residential

combination of small lots, a few large

neighbourhood,

be

lots, and townhouses, adding up to the

acceptable in an industrial area. -

same number of units overall. The shared

(Metropolitan

open space made possible by the more

but

it

might

Planning

Council

(MPC), Chicago; available at

compact PUD scheme might be judged

http://www.metroplanning.org/zoning

an

Guide/index.html).

benefit. The mixture of dwelling types,

overall

civic

and

environmental

likely to diversify the economic stature and age of the households within, might

2.2.2.4 Planned Unit Developments

also be socially beneficial. In theory, the For the last couple of decades,

overall planning might lead to other

another approach has emerged in an

benefits and efficiencies, such as an

attempt to overcome conventional

integrated

zoning's rigidity on a case-by-case

network, or shared recreational facilities.

basis. The Planned Unit Development

In typical cases, the approval allows

(PUD) process is typically used on

exceptions to the setbacks, lot sizes, lot

large urban or suburban sites. The

widths, and street standards that would

larger, unified parcel will have a

have

customized master plan and rules of

conventional zoning.

circulation

been

required

pattern,

under

trail

the

its own for its internal development; the many smaller projects contained

The PUD is thought to be a way of

within will be "planned as a unit."

allowing greater flexibility for creative

Therefore,

lot

solutions. Often the local PUD ordinance

configuration and net density should

even makes it possible to mix uses and

be judged in light of the overall effect,

increase density, albeit with a case-by-

not lot by lot, and as long as the

case

overall effect is acceptable to the

ordinance specifies items, however, that

governing municipality, the particular

cannot be varied (typically the gross

rules in the underlying zoning may be

density permitted by the underlying

waived.

zoning plus some bonus).

Whereas

the

under

details

the

of

approval.

Sometimes

the

PUD

The PUD process, which usually requires

conventional

zoning, a parcel of land might be

an

permitted for uniform subdivision into

actually favours the mightiest developers 2-25

upfront

investment

in

planning,


D R A F T

F I N A L

R E P O R T

who have the money and influence it

may be the government, in which case

takes to get approved. The process

acquisition may be legally done by

does involve risk, but the rewards are

compulsory

attractive and the process adds a

domain. This has been often been

patina

Local

practiced in Hong Kong and Singapore.

governments eager to build up the

Where it involves a larger area, in old,

tax base can usually be talked into

run-down urban districts, the approach is

something eventually with the right

akin to Urban Renewal.

sales

of

legitimacy.

pitch.

Alternative

-(Dover Methods

V,

acquisition

or

eminent

1996:

of

Land 2.2.3

Development Regulation; available at

In Summary

http://www.spikowski.com/victor_dov All the above approached shall be

er.htm)

considered especially in light of the new Another

form

of

PUD

is

approaches

the

in

urban

development

comprehensive development of a

planning. Any planning approaches will

large

have

site

consisting

of

several

to

be

accompanied

contiguous lots, which may or may

appropriate

mechanism

not belong to the same owners. If the

development control.

site has multiple ownership, this will require the acquisition of the lots not belonging to the developer, which The alternate approaches of Development Control are summarized in Figure 2.2.

Figure 2.2 : Summary of Alternate Development Control Approaches

CURRENT

ALTERNATE 1

ALTERNATE 2

ALTERNATE 3

ALTERNATE 4

EUCLIUDEAN ZONING - Outlines prohibitions - Easy to implement - Lack of flexibility - Outdated planning theory FORM BASED CODES / APPROACH - Less focussed on land use - More emphasis on regulating form and scale of buildings - Address relationships - Includes-regulating plan, public space standards, building form standards, administration etc. INCENTIVE ZONING - Reward system (eg. Higher density) - In return for public interest (eg. Park) - High degree of flexibility

PERFORMANCE ZONING - Regulate the effects/impacts of land use through performance standards-eg. Traffic, densities, noise, etc. -Species intensity of land use - Great flexibility - Effective in preservation of natural features

PLANNED UNIT DEVELOPMENT (PUD) - Used in large developments; customized masterplan and own rules for each internal development. - Details of lot configuration and density seen in light of overall effect - Mixed lot sizes within a unit, for diversified housing types. - Give exceptions to setbacks, widths and street standards.

2-26

by

the for


D R A F T

F I N A L

population

2.3 SUSTAINABLE DEVELOPMENT – THE NEED FOR RETHINKING AND REDEFINING

(Agenda

21)

adopted

and

development.

In

physical

being

one

of

development

towards

Vision

pembangunan menyokong

the planning at national, state and local Malaysia,

life,

Bumiputera

to

support

the

establishment of Penang as a developed state

Malaysia,

and growth have been indicated in most of as

of

nature

the structure plan is “To achieve a sustainable

by

concerns about sustainability in development

levels,

quality

use,

resources, agriculture, tourism, etc. The goal of

member countries in their planning for their growth

land

entrepreneurship, economic growth, human

in 1992, “sustainable development” has been agenda

growth,

conservation,

Ever since the Earth Summit in Rio de Janeiro the

R E P O R T

2020”. fisikal

(“Memantapkan

yang

pembentukan

mapan Pulau

bagi Pinang

sebagai sebuah negeri maju dan mencapai

the

wawasan 2020”).

signatories of the Agenda 21 agreement, is very committed to sustainable development.

However,

development

of

the

guide

the

country

often

overall

are to consider the challenges that face those

Urban

tasked

quality, progressive and sustainable city”.

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

In the Penang State Structure Plan, the word

needs of the present without compromising the

“sustainable” (“mapan” or “mampan” in

ability of future generations to meet their own

Bahasa Malaysia) is used 59 times and relate

needs.” (Brundtland, 1987).

development” also

implementing

Bass, 2000)

stated objectives is “To develop a planned,

but

and

sustainable development.” (Dalal-Clayton and

Sustainable Urban Development”. One of the

mapan),

developing

vitally important to restate what is meant by

Community and Living Environment through

(pembangunan

with

strategies for sustainable development, it is

create a Visionary City with a Peaceful

“sustainable

It

fully grasped what it is potentially all about. If we

Development”. The goal of the NUP is “To

only

vaguely.

from a small number of enthusiasts) have not

National Urbanization Policy (NUP) is for “An

not

and

evident that most stakeholders (apart perhaps

development.” Thrust number one of the

to

broadly

implementation and monitoring. “It is becoming

of land and natural resources for sustainable

Sustainable

very

policies and strategies are to be interpreted for

and Objective II states “To optimize utilization

and

used

becomes further blurred when these plan

towards

achieving developed nation status by 2020”,

efficient

“sustainable

and local plans and other plans, these terms are

efficient, equitable and sustainable national to

terms

have been widely used in the structure plans

Physical plan is “The establishment of an framework

the

development”, “sustainable” and “sustainability”

For example the stated goal of the National

spatial

although

A commitment to meet the needs of present

to

and future generations has various implications. 2-27


D R A F T

F I N A L

"Meeting the needs of the present" means

Meeting such needs "without compromising

satisfying:

the ability of future generations to meet their own needs" means:

Economic needs – including access to opportunities for an adequate livelihood

R E P O R T

or productive economic activity; also

resources - including minimising the

economic security when unemployed, ill,

consumption of fossil fuels and substituting

disabled or otherwise unable to secure a

with renewable sources where feasible.

livelihood.

Also, minimising the waste of scarce

Social,

cultural

and

health

needs

-

mineral resources (reduce use, re-use,

including a shelter which is healthy, safe, affordable

and

secure,

within

recycle, reclaim).

a

Sustainable use of renewable resources -

neighbourhood with provision for piped

including using freshwater, soils and forests

water, drainage, transport, health care,

in ways that ensure a natural rate of

education and child development, and

recharge.

protection from environmental hazards.

Minimising use or waste of non-renewable

Political needs - including freedom to

local and global sinks for wastes – including

participate in national and local politics

the capacity of rivers to break down

and in decisions regarding management

biodegradable wastes as well as the

and development of one's home and neighbourhood,

within

a

capacity of global environmental systems,

broader

such as climate, to absorb greenhouse

framework which ensures respect for civil and

political

implementation

rights of

and

Keeping within the absorptive capacity of

gases. (Dalal-Clayton and Bass, 2000)

the

environmental

legislation.

Following the publication of the Brundtland report,

there

alternative

was

a

definitions

rapid

escalation

of

of

sustainable

development and lists are given by several authors (e.g. Pezzey 1989, Pearce et al. 1990, and Rees 1989). Mitlin (1992) notes that, in general, definitions involve two components:

the meaning of development (i.e. what are the main goals of development: economic growth, basic needs, rights, etc.);

2-28

the conditions necessary for sustainability.


D R A F T

F I N A L

R E P O R T

societies and cultures. (Dalal-Clayton and Bass, “Rather than focusing on economic growth in isolation, sustainable development requires the integration of the social, economic and environmental dimensions in corporate and public decision-making, within a governance framework that ensures full participation and accountability” (IIED 1999)

2000) Perhaps

one

of

the

most

comprehensive

definitions of sustainable development is the UK government’s

five

Shared

Principles

of

Sustainable Development. i.e. It is now widely agreed (at least amongst

i). Living Within Environmental Limits.

those promoting and studying the concept)

Respecting the limits of the planet’s

that there are three pillars to sustainable

environment, resources and biodiversity –

development:

to improve our environment and ensure

• •

Economy: The creation of wealth and

that the natural resources needed for life

livelihoods;

are unimpaired and remain so for future

Society: The elimination of poverty

generations.

and improvement of quality of life; •

Environment The enhancement of natural

resources

for

ii) Ensuring a Strong, Healthy and Just Society.

future

Meeting the diverse needs of all people

generations.

in

existing

and

future

communities,

promoting personal well-being, social Thus, sustainable development will entail

cohesion and inclusion, and creating

integration of these three objectives where

equal opportunity for all.

possible, and making hard choices and negotiating trade-offs between objectives

iii) Achieving a Sustainable Economy.

where integration is not possible. These

Building a strong stable and sustainable

negotiations will be greatly influenced by

economy which provides prosperity and

factors

such

prevailing systems,

as

peace

economic institutional

and

security,

opportunities

interests,

political

environmental and social costs fall on

arrangements

and

for

all,

and

in

which

those who impose them (Polluter Pays),

cultural norms. Achieving these objectives is

and efficient resource use is incentivised.

essentially a task of transforming governance in the public sector, private sector and

iv) Using Sound Science Responsibly

society more broadly to achieve a more

Ensuring

balanced

to

implemented on the basis of strong

development. This ensures that it is defined to

scientific evidence, whilst taking into

meet and respect the particular needs and

account scientific uncertainty (through

circumstances

the precautionary principle) as well as

and

integrated

of

approach

individual

countries,

policy

is

developed

public attitudes and values. 2-29

and


D R A F T

F I N A L

R E P O R T

Ultimately, sustainable development aims at v) Promoting Good Governance Actively

promoting

improving and maintaining quality of life and the effective,

means

to

quality

of

life.

It

means

that

participative systems of governance

developing a better quality of life now should

in all levels of society – engaging

not

people’s

opportunity for a better quality, of life for the

creativity,

energy

and

diversity.

reduce

the

quality,

or

deprive

the

future generations. It can also be expanded to mean that developing a better quality of life for

The UK Government has also identified

a sector of society should not reduce the

four

quality, or deprive the opportunity for a better

key

areas

of

sustainable

quality, of life for another sector of society.

development activities:

Sustainable

consumption

and

As in all planning objectives, the objective of

production: changing the way

sustainability

has

not

only

products

qualitatively,

but

also

in

and

services

are

to

be

defined

quantitative

and

designed, produced, used and

measurable terms, so that its achievement can

disposed of – in short, achieving

be more realistically evaluated and monitored.

more with less,

This is done by formulating a set of measurable

Climate change and energy –

indicators related to sustainable development.

reducing

What is required is a measurable means of

greenhouse

gas

emissions whilst at the same time

evaluating

preparing for the climate change

activities

that cannot be avoided,

implemented,

Natural resources protection and

development from being carried out, or to

enhancement

select

understanding

the

impacts

before

they to

optimum

of

are

approved

prevent options

development

of

and

unsustainable development

the limits of the natural resources

strategies or projects during plan preparation.

that sustain life, such as water, air

The impacts to be assessed should include short

and

as well as long-term, tangible as well as

soil,

environmental

enhancement and recovery,

intangible, social, economic, environmental and

Sustainable communities – looking after the places people live and work, for example, by developing green, open spaces and building energy-efficient homes. (UK Government, Sustainable Development Strategy Mar 2005)

even political benefits and costs. Besides a descriptive definition of an acceptable standard of living as a measure to be achieved, a clear, operational

definition

of

sustainable

development has to be established for the purpose

of

development

development control,

and

monitoring in Peninsular Malaysia.

2-30

planning, development


D R A F T

This

may

require

appropriate

tools

the

incorporation

such

as

F I N A L

of

Strategic

Environmental Assessment (SEA) at the plan formulation

stage,

Environmental

Impact

Assessment (EIA) and Cost-Benefit Analysis in the

development

control

process

and

Environmental Management System (EMS) at the development monitoring stage. The use of a Geographical Information System (GIS)based

integrated

planning

assessment

system such as the Integrated Landuse Assessment

(ILA)

together

with

Planning

Support System (PSS) will be invaluable in the large and complex process of planning and management

for

urban

growth

and

development. (Yaakup A.B., and others, 2005)

2-31

R E P O R T


D R A F T

3,1

F I N A L

R E P O R T

guidelines, for the better and more efficient

INTRODUCTION

formulation, implementation, monitoring and In order that the range of urban planning

review of these plans and policies at all

and development issues are addressed in Malaysia,

it

is

recommended

that

these levels.

the

ii.

Integrated Sustainable Urban Growth (ISUG)

To function as an integrated and holistic approach for the planning, implementation,

Approach be adopted as a policy for

controlling, management and monitoring of

implementation in the Malaysian Planning

urban growth in Peninsular Malaysia to

and Development system. This chapter aims

achieve sustainable development and other

to detail out this approach.

national and local development goals and objectives, through concepts such as Smart

3.2

FUNCTIONS OF THE ISUG APPROACH

Growth,

iii. To guide the adoption of a more efficient, effective,

of the goals, objectives and strategies of

and

accountable

and management of urban development

National Urbanization Policy, the National

and growth;

Physical Plan and the Five Year Malaysia

iv. To ensure that appropriate and effective

Plans, with the State and Local Authority policies

responsive

system and process for the planning, control

national planning policies, such as the

plans,

Sequential

strategies;

To guide the coordination and integration

development

Urbanism,

Approach and other effective development

The main functions of the ISUG Approach are: i.

New

techniques and strategies of urban growth

and

3-1


D R A F T

F I N A L

R E P O R T

and management are implemented to 1.

achieve the desired outcomes.

The

Integrated

Planning

Management

Approach – for integrated and holistic 3.3

planning and development;

STRATEGIES OF THE ISUG APPROACH

2.

Urban Growth Boundaries (UGB) and Green

The ISUG Approach combines 9 distinct

Reserves (GR) - for balanced sustainable

strategies

development and conservation;

for

the

implementation,

planning,

controlling,

management

3.

and

Transit Orientated Development (TOD) and

and

Compact City Development (CCD) - for

development. Each one is symbiotic of the

better and more efficient urban living

other. No one strategy can stand alone as to

environment;

monitoring

of

urban

growth

4.

implement one would mean the need for

Sequential Approach (SA) - prioritizing development for smart urban growth

another supporting strategy and actions. 5.

Hence the integrated approach taken here

Community

Participation

and

Support

means exactly that, in order to achieve the

(CPS) - for community-responsive planning

desired outcomes for a more sustainable

and management of urban growth;

urban planning and development system. The 9 strategies as depicted in figure 3.1 are as follows:

Figure 3.1 : The ISUG Approach and Its Strategies

Integrated Planning Management

Urban Growth Boundaries & Green Reserves

Development Proposal Report

Government Fiscal Incentives

Development Changes + Transfer of Development Rights

Transit Oriented Development & Compact Cities

Sequential Approach INTEGRATED SUSTAINABLE URBAN GROWTH (ISUG) APPROACH

Incentives Performance Based Development Control

3-2

Community Participation & Support

ISUG Database & Decision Support System


D R A F T

F I N A L

R E P O R T

may be defined as a combination of 6.

ISUG Database Management and

policy making, administration of physical

Decision Support System (ISUGDM

planning and development, funding and

and DSS) - for more effective,

research, and monitoring.

transparent planning,

and

accountable

management

In

and

general,

integrated

planning

management aims to consolidate all

monitoring of urban growth;

related group of expertise to achieve 7.

Urban

Form,

Urban

smart

Design,

growth

Incentive-Based,

Performance-

government

Based,

Control

and

national,

Other Control Approaches

- for

Licensing

strategies

administrative regional

at

all

level

(i.e.

and

local

government).

more effective and responsive

8.

development control;

3.3.1.1 The Methods For Implementation

Development Charges (DC) and

Obviously,

the

Transfer of Development Rights

integrated

planning

(TDR)

when the government policies were

-

to

promote

the

right

key

to

an

effective

management

is

formulated thoroughly and efficiently.

development in the right place;

This is important to ensure the policies are 9.

Government Fiscal Incentives –to

specific,

decisive

encourage

Besides,

it

more

favourable

also

and

collaborative.

contributes

to

the

formation, enforcement of related laws

development;

and the implementation of the whole 3.3.1

The Integrated Planning Management

process

of

integrated

Approach - for Integrated and Holistic

management.

planning

Planning and Development 3.3.1.2 Government Policy Integrated planning management is crucially required to achieve smart

The

growth. This is important to ensure

government

development planning co-efficiently

planning and management must be

contributes to the economic, social

clearly

and physical development without

Australian

producing harm to the environment.

integrated

Consequently, integration between

planning have led to the creation of the

landuse and transport planning is

Department

most required. Integrated planning

Infrastructure (DPI) which acts as a 3-3

goal

and

objectives

efforts

specified.

on

For

of

the

integrated

example,

the

efforts

on

Goverment’s landuse

of

and Planning

transport and


D R A F T

F I N A L

R E P O R T

central agency of the Department of Transport,

Main

Roads

Western

Australia and the Ministry of Planning. Under

the

DPI,

a

taskforce

was

appointed to provide portfolios and one of them is the planning and infrastructure

portfolio.

Figure

3.2

shows the government policy on landuse and transport planning is well integrated and thus produce better outcomes. (Curtis & James, 2004).

Figure 3.2: Integration of land use and transport outcomes Transport

Transport/ Landuse

Planning

Coordination

INTEGRATION

Coordination

TRANSPORT OUTCOME

INTEGRATION OUTCOME

PLANNING OUTCOME

Create a transport system which: effectively supports economic and social objectives; is efficient in its use of resources; is environmentally responsible, provides equitable access for all; and is innovative, flexible and diverse

Urban Settlements

Land use planning is the orderly planning of land use development to ensure;-

(Government of Australia, 1996)

To maximize accessibility by proximity Economic Development Manage development of regional land use and transport system to provide efficient access; protect strategic transport corridors; minimize adverse impacts; and maximizing existing infrastructure

Source: Curtis, Carey. & James, Bruce, (2004)

3-4

i. Facilitation of regional wealth ii. Conservation and enhancement of the environment iii. Building dynamic and safe communities that nurture human activity.

(Western Australian Planning Commission, 1996)


D R A F T

F I N A L

Besides achieving the objectives of

As methods of integration are designed, it is

both transport and landuse planning, integrated

planning

has

also

enhanced environmental protection, pursue

the

dynamics

and

R E P O R T

paramount

to

integration.

The

identify

the

principles

principles

will

guide

of the

implementation of the overall process in

safe

development planning. It refers to functional,

communities and enables maximum

accountability and organizational as listed

utilization of regional wealth.

below (Ker, 2001 cited by Curtis & James, 2004)

3.3.1.3 Approach to Integration

a. Functional Principle – allocation of Approach

to

integration

is

functions is aligned with government

a

combination between coordination

policy and strategic planning

and integration. As mentioned earlier,

outcomes. It requires strong legislative

the Department of Planning and

framework and clear government

infrastructure (DPI) acts as central

mandate. Besides, necessary financial

agency of the taskforce to manage

and organizational resources are

integration

appropriate incentives to ensure

of

the

multidisciplinary

delivery.

organization.

b. Accountability Principle – Outputs Obviously, integrated planning needs

expected of agencies are aligned with

a

the allocation of functions. Public and

strong

multidisciplinary

collaboration

of

organizations

that

political support for a strategic body

work together as a single team (task

that is accountable for integration,

force). This task force would be led by

cost effectiveness and value for money

a

in the delivery of its functions.

central

organization

(steering

c. Organizational Principle –

organization) to manage the overall integrated

development

Organizations are able to deliver the

planning

process. In the US, coordination and

outputs expected of them (the right

integration

people to do the job)

public-sector

has

not

just

involved

interagency

initiatives

but also private-sector committees/ working groups, and public-private forums (Transit Cooperative Research Program, 2004).

3-5


D R A F T

Public-Sector

F I N A L

b. Pricing – taxation and subsidies to

Interagency

Initiatives - operators participate

service providers and users through

in

regulation of prices

some

forum

to

coordinate

c. Strategic Asset Management (SAM) –

transit and urban development

considering marketplace in the

among government entities. •

R E P O R T

Private-Sector

Initiatives

management of public assets (i.e.

-

developers, builders, real-estate

land, services and infrastructure) and

brokers, and others involved with

intangible assets (i.e. travel

TOD from the private side have

behaviour) d. Building community capacity –

over time formed their own forums to

promote

their

encouraging public participation

collective

interests (i.e. Houston’s Main Street

through education, advocacy,

Coalition established in 1994 to

grants and partnerships

create a signature transit-and3.3.1.5 Tools

pedestrian spine along an 8.5-mile boulevard stretch, the coalition is

today focusing on the land-use

Available tools within the planning and

and

infrastructure

architectural

integration

portfolio

is

applied

to

along the $300-million light-rail line

combine the listed resources above. The

being built in downtown Houston)

tools are;

Public-Private Forums - public-

a. Policy

private

organizations

making

-

designated

strategically to deliver the integrated

or

committees that have formed to

landuse

promote TOD at some level

(portfolio)

and

transport

planning

b. Integrated planning - landuse and transport planning in single map or document

3.3.1.4 Resources

(or

report).

Need

community participation for better outcomes.

Resources refer to the efforts to of

c. Funding – Subsidies, land purchase,

landuse and transport planning and

services, infrastructure and intangible

therefore produced desired results.

asset (SAM) can affect pricing.

achieve

effective

integration

d. Research

The resources are as the following;-

and

mechanism

a. Authorization and Regulation –

Monitoring

to

achieve

– the

statutory planning controls (i.e.

integration

of

resources

through

local plan/ comprehensive

revaluation

of

previous

planning

environment local plan) and

progress so that

transport regulation (i.e. licenses)

adjusted to meet desired outcomes. 3-6

policy

can be


D R A F T

F I N A L

R E P O R T

stations, commuter rail and light-rail stations (Transit Cooperative Research

3.3.1.6 Institutional Arrangement

Program, 2004) This is to consider the institutional arrangements appropriate for delivery

The

of sustainable outcomes. In Australian

Transit Authority (WMATA) for example is

case, DPI is the central agency that is

one of the first transit agencies in the USA

responsible for the whole integrated

that introduced real-estate development

planning management and acts as a

above or adjacent to its rail stations. At

steering

Institutional

2004, at least 30 property sites were

arrangement is important to centralize

jointly developed by the agency with

coordination and integration, avoid

private developers, lenders, and other

mismatch

overlaying

public entities. The prominent one is the

powers in carrying out development

Metro Center, Bethesda, which attributes

planning.

office space (400,000 square feet), Hyatt

mechanism.

policy

and

Washington

Metropolitan

Area

Hotel (380 rooms), and retail space (60,000 square feet). Collected annual

3.3.1.7 Outcomes

rental fees at Bethesda Station today Generally, desired outcomes must

totals at least USD1.6 million and this is

offer

and

said to be the highest earnings for any

effectiveness for use. This will be

single joint development project in the

revaluated under the research and

country (Transit Cooperative Research

monitoring procedures, part of the

Program, 2004).

extensive

guidance

DPI. Integrated landuse and transport planning in the USA is not just jointly 3.3.1.8 Putting into Practice

implemented in the matter of policy, institutional

organizations, technical

Driven by the government policy and

expertise but also happens in sharing

guided by the integration of principles,

operation

Curtis & James (2004) came out with an

construction

cost cost

and (e.g.,

ventilation

systems, utilities, and parking facilities).

institutional

As

transport planning which was applied in

a

consequence,

development agencies

and

joint

between property

Western

transit and

and

mixed

for to

further

multidisciplinary teams.

estate developers has led to a high density

Australia

integration

real

model

landuse

development, concentrated nearby transit stations especially main railway 3-7

landuse develop with

and the other


D R A F T

F I N A L

R E P O R T

The Flow Chart of the Process as described in the passages above. Figure 3.3 : Flow Chart of Integrated Planning Management Approach

Implementation Method (Thoroughly & Efficiently) Put Into Practice

Government Policy

Outcomes

Approach to Integration

• Constant Re-Evaluation

• Functionality

• Integration

• Accountability • Organization

Institutional Arrangement • Central Agency?

Resources

• Avoid Mis-match Tools • Policy Making • Integrated Planning • Funding • Research & Numitong

• Authorization • Pricing • Strategic Asset • Management • Community • Capacity Building

3.3.2

permanently retain green reserves, rural

Urban Growth Boundaries (UGB) and Green Reserves (GR), for balanced integrated urban and rural development and conservation;

and country side areas. UGBs prevent suburban sprawl and encourage orderly development. In practice, UGBs create

3.3.2.1

Urban

Growth

Boundaries

certainty for developers by directing

(UGB)

where infrastructure investment will occur and coupled with zoning and other

Urban Growth Boundaries (UGBs) in the

UK,

or

Urban

policies, channel growth into existing

Containment

towns and neighborhoods and areas

Boundaries (UCBs) as they are called

where density can be maximized. UGBs

in the US, are lines drawn on land use

also direct and focus future urban

planning and zoning maps that divide

development approvals primarily to town

existing and planned future urban areas natural

from

rural,

agriculture

preservation

areas.

centres and villages and brown fields.

and

Rather than opening up new land for

This

urban expansion, growth is channeled

boundary acts as a ‘limit’ of urban

and energized into areas which are

development and growth. Its main

ready for development in terms of

purpose is to channel future urban

infrastructure, people and demands. The

development to urban areas and

3-8


D R A F T

F I N A L

R E P O R T

areas within UGBs are called Urban

sensitive

areas,

Growth Areas (UGAs) in the UK.

parklands,

wet

agriculture lands,

lands,

river

and

coastal reserves, and other green The use of UGBs can also assist in

areas.

reinforcing

green

development restricted areas are set

areas such as agriculture lands and

aside as land resources for urban

nature reserves. Preservation of these

development.

and

protecting

lands outside the UGB is fundamental

Lands

not

within

the

UGBs assist local governments to meet a number of planning goals such as:

to containing future urban growth within the UGB. UGBs are good fiscal

maximizing the use of existing infrastructure and minimizing new infrastructure costs;

revitalizing centres;

also support existing rural and urban

redeveloping brown field sites;

economies. Inner city neighborhoods

creating vibrant neighbourhoods;

protecting agriculture areas, nature reserves, rural areas, country sides, environmentally sensitive areas, parks, and other green reserves;

minimizing air pollution by encouraging a mix of services near to residences and employment, thus decreasing the need for automobile use;

should include:

improving the viability of transit by concentrating development; and

prioritizing urban growth areas and scheduling development to optimise land resources and prevent over development.

planning

-

they

assist

local

governments to ensure that existing infrastructure

is

fully

used

before

considering new green field sites. They

are often found within UCBs, which may

in

turn

resources

help

concentrate

inside

growth

neighborhood. The

processes

involved

in

the

designation of UGBs in a landuse plan

Land availability assessment - An assessment of the available land for

housing

and

other

urban

development is carried out to

downtowns

and

town

mixed-use

determine the supply of suitable land for urban growth. This is done by excluding lands which has environmental

Land

viability

assessment

-

The

constraints

or

available lands are assessed for the

development

is

physical, economic, social and other

restricted, such as areas to be

viability for development. The availability

reserved for their natural beauty,

of existing roads, water, electricity and

forest reserves, hilly and unstable

other infrastructure and services has to

lands, flood zones, environmental

be taken into account, and the land

where

urban

3-9


D R A F T

F I N A L

R E P O R T

checked for its degree of viability in

development planning and management

terms of cost for development.

tools:

Land requirement assessment - The

National and Regional Urban Growth

amount of land required to cater for

Strategies. UGBs can be designated and

the growth of urban population and

urban growth policies established at the

the spatial demand for housing and

national and regional levels. At these

other

urban

calculated.

uses In

to

be

levels,

this,

the

location-specific or criteria-specific and

have

assessing

however,

and the carrying capacity of the area

regional plans are long-term plans and

need to be taken into account, in

should anticipate future demands and

order to prevent undesirable impacts

situations so as to be able to response to

of

the

them. They should provide indications of

unsustainable use of land. To do this

future directions and suitable areas of

some

urban growth.

form

of

sustainable

national

be

not

and

The

should

density and scale of development

over-development

site-specific.

UGBs

and

development criteria and indicators •

are used.

Zoning at the local authority level. UGBs need to be clearly designated at local

Land prioritization and scheduling -

plan levels, ensuring that urban-type

The land identified to be within the

development cannot occur outside of

urban growth area should then be

the UGB, and that land inside the UGB is

classified in terms of the time frame to

well-planned

be released for development, so as to

includes

match demand and supply and not

commercial

to

existing or planned commercial areas.

create

over-supply

situations.

for

future

growth.

prohibiting

or

development

This

limiting outside

of

Following the Sequential Approach, •

town centre lands, brownfield lands,

Infrastructure

Limits

and

Timing

of

and other lands for infilling should be

Servicing. This should look at revising

given highest priority, and leap frog

capital plans and timing extensions of

development and urban sprawl are to

servicing to reflect the priorities of the

be prevented. Land prioritization will

UGBs. The provision of infrastructure and

determine the UCB at a particular

services must be limited at identified

plan period, and extent it in future

extent where development is restricted

plans when the demand grows.

(i.e.

agricultural

areas,

environment

sensitive areas, forest reserves, exurban Creating a UGB involves the use of a

areas, etc.). The municipality would not

combination

extend

of

the

following

urban 3-10

servicing

and

direct


D R A F T

development

to

F I N A L

R E P O R T

already-serviced •

areas. This effectively limits substantial

Green Reserves. This mechanism will

growth to the existing urban areas

prevent the encroachment of urban

and hence, promotes development

growth into agriculture, environmentally

closest to urbanized areas.

sensitive and other green areas outside the UCBs.

Agriculture Policies. UGBs will reinforce agriculture policies and the integrity of the agriculture lands.

Permit

Caps.

Permit

caps

and

development control should assess the need to limit further approved growth until a certain amount of existing approved capacity has been completed, or to limit the number of new approvals per year.

Figure 3.4 shows the relationships and summarizes the above. Figure -3.4 : Urban Growth Boundaries Principles

Processess

Planning & Management Tools Involved

• Land Availability Assessment

• National & Regional Growth Strategies

• Land Viability Assessment

• Zoning & Local Authority Level

• Land Requirement Assessment

• Infrastructure Limits & Time of Servicing

• Land Prioritatization & Scheduling

• Agriculture Policies • Permit Caps • Green Reserves

3-11


D R A F T

Besides

involving

the

integration

F I N A L

R E P O R T

3.3.2.2

and

coordination of development plans, policies

UGB policies should be complemented

and strategies at all levels, national, regional,

by Green Reserve policies, which are

state and local government, UGBs ensure the

easier to impose and to defend. A form

integration and coordination of development

of GR is the Green Belt, as practiced in

planning in all aspects, economic, social and

UK town planning.

environmental. The use of zoning plans will indicate where urban development and the

services of infrastructure will occur. The local authority shall also direct all developments to

be contained within the area marked as UGBs.

UGBs, as a planning policy to channel

development within certain areas and to restrict

development

in

others,

can

be

criticized for been unfair and for causing loss

in land values for the outside areas. Where the pressure for development is great, such policies are difficult to sustain, unless they are

combined with the intention of protecting ecological,

social,

economical

(from

agriculture, eco-tourism, natural resources), and even political, assets of the outside areas (as

under

Restricting

the

Green

development

Reserves requires

Green Reserves

policy).

strong

tenacity on the part of the planners and the

support of the political masters, and requires solid reasoning. On the other hand, once the boundaries are drawn and approved, such

as in structure plans and local plans, the limits are protected by law, but can be duly changed, if and when the merit arises, only in

The objectives of a GR policy are to: protect natural or semi natural environments; retain land in agricultural, forestry and related uses; protect attractive landscapes and the enhancement of landscapes, near to where people live; improve air quality within urban areas; providing opportunities for outdoor sport and outdoor recreation near urban areas; ensure that urban dwellers have access to the open countryside, with consequent educational and recreational opportunities; protect the unique character of rural communities which might otherwise be absorbed by expanding suburbs; check the unrestricted sprawl of large built-up areas; prevent neighbouring towns from merging into one another; preserve the setting and special character of historic towns and cultural villages; assist in urban regeneration, by encouraging the recycling of derelict and other damaged urban land; prevent destruction of flora and fauna; preserve valuable natural biodiversity for future needs. The idea is for a ring of countryside

accordance with the legal procedures spelt

where urbanisation will be resisted for the

out in the act.

foreseeable future, maintaining an area where

agriculture,

forestry,

nature

reserves and outdoor leisure can be

3-12


D R A F T

F I N A L

R E P O R T

expected to prevail. The fundamental

water catchments,

aim of GR or green belt policy is to

stream and river reserves,

prevent urban sprawl by keeping land

coastal reserves,

permanently open, and consequently

hill-lands and slopes.

the most important attribute of GRs is In Malaysia, the protection of certain

their openness.

designated green areas is strengthened The effectiveness of GRs can often be

with the availability of their own specific

eroded by urban rural fringe uses and

national or state legislations. These areas

sometimes, development 'jumps' over

include:

the GR area, resulting in the creation of "satellite towns" which, although

Forestry Act,

separated from the city by green areas, function more like suburbs than

form of rings surrounding urban areas,

similar in purpose but need not be in

or

under

the

Land

Water Catchment Areas, under the Irrigation Areas, under the Irrigation Ordinance.

the form of a ring. GRs can be sideUGBs,

Lands,

Water Supply Act

the ISUG Green Reserve (GR) policy, is

the

Hill

Conservation Act,

Whereas Green Belts in UK are in the

with

agricultural lands, under the National Land Code,

independent communities.

by-side

Forest Reserves, under the National

even

National and State Parks, under the

surrounded by urban areas, as in the

National Park Act and State park

case of an urban park.

laws.

GRs can consist of:

Stream/ river reserves

Coastal management areas

agricultural areas (including the designated

Prime

Such areas which have been designated

Agricultural

Areas or PAA under the National

under

Physical

incorporated in zoning plans or land use

Plan,

and

Agricultural

their

own

laws

can

be

Land Reserves),

plans at national, regional, as well as

rural agricultural kampongs,

local

Environmentally

Sensitive

these levels.

in structure plans and local plans, recreational

parks

and

open

spaces,

GRs

should

be

clearly

defined in the land use policies at all

Areas

(ESA), as identified in the NPP, and

levels.

forests areas, 3-13


D R A F T

F I N A L

R E P O R T

tends to be low with severance between

3.3.2.3 Rural-Urban Fringe (RUF)

areas a

rural-urban

fringe,

open

land

and

badly

maintained vacant lands.

Some land use zoning plans may include

of

also 3.3.3

known as the outskirts or the urban hinterland, which can be described

Transit Orientated Development (TOD), and Compact City Development (CCD) for greater urban living environment

as the landscape interface between rural and urban areas, or alternatively

Transit Oriented Development

as the transition zone where urban

exciting

and rural uses mix and often clash.

creating vibrant, livable communities.

Alternatively, it can be viewed as a

Also known as Transit Oriented Design,

landscape type in its own right, one

or TOD, it is the creation of compact,

forged from an interaction of urban

walkable communities centered around

and rural land uses.

high quality train systems. This makes it

new

fast

growing

is the

trend

in

possible to live a higher quality life The urban fringe may be reserved for

without complete dependence on a car

certain land uses which have either

for mobility and survival. It is seen as a

purposely moved away from the

major solution to the serious and growing

urban area, or require much larger

problems of soaring energy prices and

tracts of land. As examples:

global warming

by creating dense,

walkable communities connected to a • •

Roads, especially motorways and

train line that greatly reduce the need

bypasses,

for driving and the burning of fossil fuels.

Waste transfer stations, recycling facilities and landfill sites,

Transport Oriented Development (TOD)

Park and ride sites,

concerns

Market gardening,

design viable landuse patterns (but most

Hypermarkets,

preferable compact patterns), social

Airports,

integrity, infrastructure spending priorities

Large hospitals,

(fiscal), and environmental protection.

Power,

water

and

about

the

requirement

to

The major goals of the TOD is to increase

sewerage

ridership,

facilities.

promoting

development, Despite these 'urban' uses, the fringe

cost

remains largely open with the majority

properties

of the land agricultural, woodland or

environment.

other rural use. However the quality of the countryside around urban areas 3-14

and

reducing

rising and

economic infrastructure

revenues

for

transit

protecting

the


D R A F T

F I N A L

R E P O R T

3.3.3.2 The Principles of TOD

3.3.3.1 Factors Driving The Trend Towards TOD The rapid growth of private cars on

Based on reports produced by the Transit

the roads in the US, has resulted in

Cooperative Research Program 1 (2004)

massive traffic congestion in almost all

for the USA and the Smart Growth BC’s

major cities. People living in sprawling

Transportation System 2 (2005) for British

suburbs traveled longer distances to

Columbia, the principle guidelines of

work, and shop, whilst much time and

TOD that supports smart growth can be

energy was spent on the roads.

divided into three major elements as

expansion

of

into

suburbia

followed major highways.

This strip

development

cities

The

soon

became

follows;

too

a.

Transportation

much of a hassle for people living in them, as people had no time with

Transportation decisions and investments

families as much time was spent on

related to transport infrastructure must

the roads. This growing distaste of

be shared by all levels of government,

suburbia was instrumental to the need

and

for a different form of travel mode,

Hierarchy to disperse and calm traffic

namely the public transport.

and to support alternative modes such

guided

by

the

Transportation

as walking, cycling, public transits, goods At the same time there was also a

and

growing need for a greater quality of

occupancy

life which living in suburbia did not

occupancy vehicles.

offer.

commercial vehicles

services, and

high single

The desire for more walkable

lifestyles,

away

from

traffic

With the use of appropriate connector/

increasingly became major factors for

path, all places must be interconnected

planners to seek other means of

and

urban development.

efficiently

the

street and

networks safely

should be

renovated

or

established to encourage people to use There was also the growing national

them. Besides, the local government

support for smart growth. The Federal Government

gave

towards

more

a

new

focus Transit Cooperative Research Program (2003) was conducted by the Transportation Research Board with the approval of the Governing Board of the National Research Council. TCRP provides a comprehensive assessment of the state of the practice and the benefits of transit-oriented development (TOD) and joint development throughout the United States.

1

sustainable

developments, and the need to have a

more

sustainable

urban

form

helped in spearheading the TOD concept.

2 Smart Growth BC’s Transportation System is a report (2005) outlining transportation policy for the whole British Columbia

3-15


D R A F T

F I N A L

R E P O R T

may adopt the following policies to

planning such as advocates for a

encourage

balanced approach to infrastructure

people

to

travel

less

spending.

especially by private car. i.

b.

Locate new development and major generators of traffic (transits

Urban development must be guided

such as railway station) where they

could

be

accessed

primarily by ideas of compact, mixed

by

landuse, efficient land use planning

means other than private car (i.e.

rather

train, commuter, etc.) ii.

increasing

Iii. Protect and strengthen existing

parks

people to walk, cycle or catch

activity

aiming

generate

to

rather

and

of

improvements

new of

to

citizens

convenient access

to

and most

including education,

land

to

modes

must

also

be

The authority concerned

with

housing

and

make

school and community hall are to be

and

located in the center of the community to reduce the need to travel.

In

addition, housing development must be

problems caused by low density

of

development;

mixed

housing

types

and

at

a

reduced housing cost which can be

viii. Encouraged public participation TOD

sufficient

facilities such as library, sport complex,

to relieving short-term congestion

any

densities

Within a compact development, all the

economic objectives as opposed

on

employment

and

defined centers and edges.

personal

use

residential

subdivisions into neighborhoods with well-

needs,

vii. Transportation decisions designed support

with

pace

services and recreation. to

communities

and

and recreational opportunities to keep

safe,

employment, shopping,

neighborhoods

need to phase convenience shopping

affordable daily

as

jobs-housing

development),

encouraged.

transportation with

to

mixed-use

transportation

and

infrastructure must be designed fairly

such

enhance the viability of higher priority

investment. vi. Provision

meet

Infill and redevelopment

(brownfield

than

jobs

of

to

demand

(encourage

within

must

facilitating

economic

capacity

travel

balance).

public transport spending

expansion

commercial centers, transit lines, and

iv. Maintain and improve choice for

on

the

placing higher density housing near

local centres.

emphasized

than

transportation

Restrict parking provision.

v. Transportation

Landuse

achieved

development 3-16

by

cost-effective

site


D R A F T

F I N A L

R E P O R T

construction

natural and man-made impact such as

practices There must be a continuous

runoff, permeable pavements, drainage

supply of affordable single-family and

systems, lakes and storm water ponds for

multifamily

maximum environmental value.

development

and

homes

for

moderate-

income and low-income households 3.3.3.3 Components of the TOD

and a mix type of housing may also be encouraged in a manner to the

Several components are vital in the TOD development: These are itemized below:

extent the market will bear. c.

Environmental Principles (Preserve

Entire Ecosystems)

the highest priority

The TOD will also use a system channeling

development

Train (or monorail or Light Rail) station as prominent feature of town center:

approach to environmental planning by

Walkable design with pedestrian as

A regional node containing a mixture

into

of uses in close proximity including

areas that are already disturbed such

office, residential, retail, and civic

as brownfields (further elaboration in

uses

passages below). All lands classified

High

density,

high-quality

under environmental sensitive areas

development within 10-minute walk

such

circle surrounding train station

as a patch

of high-quality

habitat, forest, highlands, wetlands

Collector

support

transit

systems

and natural water bodies need to be

including trams, light rail, taxis and

preserved through the establishment

buses, etc

of buffer zones. focused

on

Efforts can also be

the

restoration

and

Designed to include the easy use of bicycles, scooters, and rollerblades

enhancement of ecological functions

as

damaged

systems

by

minimize

prior

site

runoff

management pollution)

activities,

and

(i.e.

air

through

and

pest

noise

daily

Reduced

support and

transportation

managed

parking

inside 10-minute walk circle around

reforestation,

town center / train station

clustering development on the least porous soils and zoning landscaped areas

by

landscaping”

using

3.3.3.4 The Implementation Tools of TOD/

“Xeriscape

(method

Compact Cities

of

landscaping that emphasizes water

The implementation of TOD refers to the

conservation). The authority must also

combination of what the theories have

design and construct all necessary

suggested and the practicality of such

and effective structures to minimize

theories on the ground. Therefore, the 3-17


D R A F T

F I N A L

R E P O R T

and federal) towards promoting TOD.

planning committee (or appointed taskforce) is required to certify the vision

of

strategic

TOD plan

and for

thus

iii.

prepare

Funding TOD (Public Perspective) - as with most real-estate development,

implementation

guidelines. The plan must consider

TOD

places where people want to live,

private marketplace. Besides, funds

work, play, and raise a family. For

may also be acquired from the

example, two Scandinavian cities,

public sector agencies such as transit

Copenhagen

agency,

and

Stockholm,

occurs

largely

local level

through

government,

adopted metaphors earlier on to

higher

of

government

articulate and market their visions of

regional institutions)

the

and (i.e.

the future. The following are the 3.3.3.5 Benefits of TOD

factors that need to be taken into consideration in designing the TOD. i.

TOD

Zoning

Overlay

The benefits of the TOD concept can be summarized as follows:

Zones

(maximize landuse, for effective landuse control without increasing

Higher quality of life Better places to live, work, and play

the complexity of the regulations),

Greater mobility with ease of moving

TOD

Landuse

around

(identifying

unwelcome land uses and specify

Increased transit ridership

activities that are permitted as-of-

Reduced

congestion

and

driving

right), TOD densities (set density TOD

Reduced car accidents and injuries

Parking Codes (specify minimum

Reduced household spending on

such

as

parking

residential) lots

or

and

restricted

transportation,

if

resulting

in

more

affordable housing

necessary) ii.

traffic

Healthier lifestyle with more walking, and less stress

Support from Upper Hierarchy of Government - Survey respondents

Higher, more stable property values

from

Increased foot traffic and customers

transit

agencies,

municipalities,

for area businesses

and

redevelopment authorities were also

asked

to

importance introduced

of by

weigh

costs of fuel

the

initiatives higher

Greatly reduce dependence on high Greatly

reduce

pollution

environmental destruction

levels

government (e.g., regional, state,

3-18

and


D R A F T

F I N A L

R E P O R T

sprawl,

tracts of unused land within most inner

increased incentive for compact

urban areas. Many are contaminated.

development

However, in terms of location, they often

Less expensive than building roads

have great advantages in that they are

Enhanced

surrounded

Reduced

incentive

ability

to

to

maintain

by

urban

development,

economic competitiveness

have a location associated with railways,

Transit can enable a city to use

ports or canals, are near lakes or

market forces to increase densities

waterways, near downtowns and most

near

importantly,

stations,

where

most

these

areas

have

infrastructure facilities in place.

services are located, thus creating more efficient sub-centers and

minimizing sprawl.

Brownfield development involves reuse

Transit enables a city to be more

of

corridor-oriented, making it easier

environmentally compromised, and has

to provide infrastructure.

typically had an industrial tenant.

Transit

enhances

the

land

that

is

often

abandoned, As

brownfield sites are often found in cities

overall

economic efficiency of a city;

(frequently

in

denser cities with less car use

neighborhoods), regenerated

low it

and

can

income certainly

be

rehabilitated

to

productive use. Brownfield development is also a key component to maximum use

3.3.3.5 Brownfield Development

of Brownfield development is also seen

the

oriented

as another important element to

built

environment,

developmen

and

Transport compact

development.

achieve the goal of smart growth and is integral to the TOD and Compact

According

Cities mechanism. It may be defined

to

the

Department

of

Environment, Transport and the Regions

as land previously built on but is

(DETR), UK, (cited by Adams & Watkins,

currently unused. A separate study by

2002) a brownfield site or a previously

the JPBD has given the definitions of

developed land must satisfy the following

brownfield sites as pertain to the

conditions:

Malaysian conditions. a. The suburbanization of industry, the relocation

of

harbours,

structure (excluding agricultural or

the

forestry buildings) and associated

abandonment of inner city railway lands,

and

the

divestment

is or was occupied by a permanent

fixed surface infrastructure

of

b.

government installations, have left

occurs in both built up and rural settings

3-19


D R A F T

c.

R E P O R T

includes defence buildings or

development on the urban fringe, and

land used for mineral extraction

improve the air and water quality of

and

where

essential component of smart growth, as

provision for restoration has not

both seek to return abandoned and

been

through

underutilized sites to their fullest potential

control

as community economic assets. Thus,

waste

disposal

made

development d.

F I N A L

procedures

brownfield development must be carried

excludes land and building that

out thoroughly, cost-effectively and fair

are

to everybody.

currently

in

use

for

agricultural or forestry purposes, and land in built up areas which

The

has

accommodating a new residential unit

not

been

developed

extra

cost

of

or increment of commercial floor space

previously e.

marginal

excludes

land

that

tends to be lower in established urban

was

previously developed but where

area

the remains of any structure or

development sites, because infill and

activity have blended into the

densification in existing urban areas can

landscape in the process of time

use

and where there is a clear

capacity

reason that could outweigh the

extension of urban services to areas that

reuse of the site or where it has

are

subsequently been put to an

development,

amenity use and cannot be

established

regarded

infrastructure upgrading. The total cost,

as

requiring

than

in

existing

greenfield

available

rather

previously

than

peripheral

infrastructure requiring

unserviced. if

carried

area,

out

often

the New

in

an

requires

however, for the infill for roads and other

redevelopment.

major infrastructure will still be lower than Brownfield development encourages

the cost if the new development were to

redevelopment

take place in a greenfield area.

properties

of

with

brownfield

the

provision

of

pedestrian friendly, transit accessible

To address some of the problems of

properties,

with

brownfield areas (economic, physical/

mixture of land uses and with access

building, social constraint and etc.),

to public spaces such as parks or

development purpose must therefore be

plazas.

The incorporation of smart

set within an overall approach that

growth

principles

emphasizes the importance of creating

built

development

can

compactly

in

brownfield

create

livable

greater

cities,

regenerate

benefits from the reuse of infill sites,

stimulating

reduce

confidence and making sites available.

demand

for

land

and 3-20

demand,

economic; building


D R A F T

F I N A L

R E P O R T

a. Low rents (poor area) and make

3.3.3.5.1Implementation of Brownfield Development Brownfield

development

emphasis

development will reduce the value of the land

matters

c. The

where

was

given

on

related

to

the

unusable with

a

e. Unsuitable

infrastructure

capacity and the need for extension

street

if

brownfield

development is applied (i.e.

design.

length of roads, capacity of loads; water, and etc.)

According to Baerny (2004), brownfield

development

Besides improving the condition

involves redevelopment of a

of

brownfield site to let the city encroachment

on

brownfield

surrounding land and paying infrastructure. encourages

strategy

high

density

to

consider

the

constraints

in

promote

livability

and

to

A hierarchy of streets within the interconnected path, pavement

services are already in place. must

may

increase the value for investment.

areas where infrastructure and one

development

and high degree of accessibilities

housing and employment in

However,

and

consider a mixed use of building

new

The

facilities

Weitz, J. (2002) suggests that

the

expensive

infrastructure

regenerate the area as a whole,

serve more people without

for

the

high degree of crimes)

and

smart

in

being linked as an area with

refurbish the whole affected areas

involved

property

d. Social problems (i.e. always

demolish

buildings

of

brownfield development

specific use particularly for program,

number

owners

rehabilitation of building for housing

for

b. Contamination from previous

is

methods. It contains the urban strategies

unattractive

investors

implemented through several design

it

width, number of lanes, sidewalks,

also

landscaping, lighting, street trees

following

and

implementing

other

landscaping

and

pedestrian route must be clearly

any brownfield development

designed.

as they may affect the success

The

examples

of

vertical mixed use of building and

of the dev

pedestrian access are shown in the following figures. 3-21


D R A F T

F I N A L

R E P O R T

developments a elopement and urban renewal projects.

The last decade has been characterized by much efforts to redevelop these brownfield 3.3.4

sites. It is argued that it is more cost

effective

lands

that

serviced,

to

develop

are

already

that

such

Sequential Approach (SA) - Prioritizing Development For Smart Urban Growth The sequential approach

may one of

trigger

the mechanisms to slow down urban

and

sprawl and at the same time, ensure that

which result in avoidance of

development projects is demand based

the

sites

and not the supply led as is the case in

which do not contribute to

Malaysia, resulting in the over supply of

taxes and rates. Furthermore,

certain

reuse

population

Sequential Approach is closely related

back into the inner city if sites

with the Brownfield development and

are redeveloped for housing,

urban revitalization mechanism to be

improve city revenues, and

described in the following passages

help

below.

development other

can

redevelopment, phenomenon

will

bring

of

avoid

consumption

wasteful

of

types

of

properties.

The

agricultural In essence, the Approach needs the

land on the fringe.

involvement of the private sector in The example of George Town

ensuring that development is given first

and Seremban indicated that

preference for town centre sites, where

most developments are within

suitable sites or buildings suitable for

road transport corridors, which

conversion are available, followed by

has inevitably led to urban

edge-of-centre sites, district and local

sprawl. Nevertheless, the most

centres and only then out-of-centre sites

developments are within road

in locations that are accessible by a

transport corridors, which has

choice of means of transport.

inevitably led to urban sprawl

approach should be applied to retail,

However,

an

private institutional, residential or any

local

other development that is associated

authority to encourage higher

with the provision of services for a vibrant

density developments along

town centre.

these major public transport

Local authorities should manage the

routes, especially through infill

release of sites over the plan period in

opportunity

this for

will

be

the

The

order to control the pattern and speed 3-22


D R A F T

F I N A L

R E P O R T

of urban growth, ensure that the new

most appropriate, the impact on the

infrastructure is coordinated with new

vitality and viability of existing centres still

developments.

It is for each local

has to be shown to be acceptable.

planning authority to determine the

Furthermore, the development should be

form of such phasing policies.

easily accessible by a choice of means of transport and not be dependent on access solely or mainly by car.

Sufficient sites should be shown on the local

planning

development

authority’s plan’s

The

to

factors

and elements

that

are

accommodate at least the first five

required for the implementation of the

years (or the first two phases) of

sequential approach shall be as follows:

housing

and

other

developments a.

proposed in the plan. Site allocations

Support of Town Centres as the first choice

should be reviewed and updated as the

plan

is

reviewed

and

rolled

The Government recognizes that the

forward at least every five years. Local

application of the sequential approach

planning authorities should monitor

requires

closely the uptake of both previously-

developers and retailers as well as

developed and greenfield sites and

planning

should be prepared to alter or revise

converting existing vacant and under-

their plan policies in the light of that

used premises in the town centre should

monitoring.

be addressed as part of this approach.

flexibility

Planning

and

authorities

authorities

realism

The

from

scope

should

also

for

be

Only if it can be demonstrated that all

responsive to the needs of retailers and

town

other

centre

options

have

been

town

centre

businesses.

In

thoroughly addressed and a view

consultation with the private sector, they

taken

less

should assist in identifying sites in the

central sites in out-of-centre locations

town centre which could be suitable and

be considered for key town centre

viable.

on

availability,

should

uses. Where development proposals b.

Action required -Development Plans

developers to demonstrate that town

In

preparing

centre and edge-of-centre options

planning authorities should take account

have been thoroughly assessed. Even

of the broad forecasts of retail demand,

where a developer, as part of a

deficiencies in retailing provision (if any),

sequential approach, demonstrates

and how the retail sector is likely to

an out-of-centre location to be the

respond to that demand over the plan

in such locations fall out with the development plan framework, it is for

3-23

development

plans,


D R A F T

F I N A L

R E P O R T

period, by reference to location and

second

type of retailing. Likewise, they should

demand

take account of the market demand

change. The scope for provision of any

for other related developments, such

new out-of-centre development should

as commercial leisure developments.

satisfy all and should be incorporated in

They

the development plan for the area.

should,

business

in

consultation

interests

community,

and

seek

the

to

with

agree

e.

a

with

Likely Impact on Rural Areas

policies are compatible with the aim of encouraging sustainable development

retailers,

and generally seek to minimize travel

leisure operators, property owners and

demand for shopping in their locational

investors, and infrastructure providers,

decisions.

setting out the scope and policies for change, renewal and diversification. c.

and

areas. They should also ensure that their

town centre strategy involving the including

development

of major shopping proposals on rural

regeneration. This should lead to a sector

that

should take account of the likely impact

their

policies on transport, car parking and

private

satisfy

Where appropriate, development plans

and commercial leisure roles of town co-ordinated

through

can

local

framework for promoting the retailing centres,

instance,

f.

Identify Qualities of the Town Centre

Structure Plans

The strategic framework in structure plans should :

Planning authorities should identify

ƒ

and build on the essential qualities of

enhancing town centres, including

the centre and seek to ensure that it

an assessment of how far the existing

meets the needs of the community it

town centres might be able to meet

serves. They should take account of

the

the dynamic nature of the retail and good

infrastructure

use

of

investment

for

new

shopping

contributing to consumer choice and

existing in

demands

floorspace and other uses, while

leisure industries and the need to make

set out the policy for supporting and

access to new formats;

town

ƒ

centres.

indicate whether, as part of the sequential approach, there is scope for retail developments with town

d.

Establishing Priorities

centres; if so, indicate their scale and

Within that context it should be

general

possible to establish the extent to

ordination with expected housing,

which the town centre in the first

employment,

instance, and edge-of-centre in the 3-24

location, or

ensuring other

co-

planned


D R A F T

F I N A L

R E P O R T

developments, including transport

developments

infrastructure; and

framework of preferred sites in the

reflect the criteria set out in this

development

guideline against which retail and

how

commercial leisure development

assessed; and

proposals

with

town

centres

such

out plan,

with and

the

indicate

developments

will

be

include related policies for transport, car parking and for improving the

should be assessed.

environmental

quality

of

town

The key diagram should distinguish the

centres, retail and commercial leisure

types of location to which different

developments, and specify design

policies apply.

criteria and standards against which proposals will be judged, including

g.

those in out-of-centre locations.

Local Plans

Local

plans

should

provide

local

Local plans may also distinguish between

detail and a sharper focus to the

primary and secondary frontages in town

structure plan framework. They should:

assess

the

performance

centres,

of

potential

policies

for

any

existing town centres and other facilities,

centres

and

such

as

on

development

control

retailing

related

and

development. Plans should also show

aim to safeguard and support retail

for

decisions

change, improvement or stability;

policy

case the plan should set out clear

the strategy for town centres, their

different

approaches are being applied. In each

individual centres and, as part of indicate

when

areas

for

special

initiatives

to

improve accessibility for people with

local

disabilities, and for shoppers with prams

neighbourhood

or pushchairs.

shops, where they are serving the local community well;

identify

sites,

h.

Monitoring of Retail Developments

those

suitable and available within a

Plans should be soundly based on up-to-

reasonable timescale, for new

date information. Retailing policies and

retail

proposals in development plans should

and

commercial

developments

including

within

leisure

therefore

town

be

based

on

a

factual

centres, and, if appropriate, at the

assessment of retail developments and

edge-of-centre;

trends. Data on the quality, quantity and

include criteria based policies to

convenience of retailing in the area and

provide guidance to developers

the potential capacity for growth or

who

change in the shopping centres will be

may

propose

new

3-25


D R A F T

F I N A L

R E P O R T

important to ensure plan policies and

frogging of developments and land

proposals

speculation.

are

properly

informed.

Where appropriate, authorities should 3.3.5

maintain time series data on shopping

Community Participation and Support

patterns set up by former authorities.

(CPS)

The private sector should also be

Management of Urban Growth

encouraged

to

information.

help

For

Responsive

Planning

and

provide In many urban communities, particularly

Local Authorities may National

in the USA and European nations, public

Property Information Centre (NAPIC)

participation is well advanced with high

to obtain up to date information on

degree of awareness. Although each

property

community differs in the content of its

work

closely

with

the

patterns,

values

and

plans, almost all of the plans rest on a

transactions.

clear statement of principles or values The validity of any assessment will

that the community as a whole wants to

depend particularly on the quality,

preserve, to improve and to enhance.

quantity

the

These principles are usually developed

information obtained. It is therefore

collaboratively by a diverse group with

important for an authority to ensure

different professions and expertise that in

that data are as comprehensive,

turn leads to better and fair result in the

accurate, and up-to-date as possible.

decision making of the development

Relevant

process (Smart Growth Network, 2003).

and

relevance

data

population

of

might

change,

include economic

growth or decline, retail floor space,

With

regards

to

the

smart

growth

shop counts, expenditure patterns,

strategies, the identified rationale for

car parking, accessibility, pedestrian

citizen participation in the development

flows and consumer attitudes.

process may be viewed from three different angles. Firstly, it promotes dignity

Approach

and self-sufficiency within the individual

strategy can be implemented with

and secondly, it taps the energies and

support from the UGBs which would

resources of individual citizens within the

already have delineated the urban

community. Most importantly, the citizen

boundary limits of all city and towns

participation in development process

within the authority’s jurisdiction. With

provides a source of special insight,

these

information, knowledge, and experience

Thus,

the

two

Sequential

tools

of

development is

gained (may not be seen by others)

expected that there will be less leap

through discussion and representative of

control

and

management,

it

citizen 3-26

consensus.

This

is

practically


D R A F T

F I N A L

R E P O R T

iii. Using tax reverted lands to create

effective as identified problem will be solved

with

the

soundness

open space that encourages

of

development;

community solutions that equal to

iv. Developing public and private

everyone. The result is an emphasis on well-supported eliminate

problem

partnerships.

solving to

deficiencies

in

the b.

community.

Establishing a permanent and secure state funding source for

On

the

other

hand,

participation

can

legitimize

program,

plans,

actions,

its

capital

citizen

assistance

a

would

benefit

to

operational help

support

cultural, artistic, and historical

and

assets and institutions ;

leadership. Success of the citizen participation

and

the c.

community such as reducing the cost

Encouraging efforts to control urban slums through:

of the project. Overall, the success

i. funding demonstration projects

may translate into economic profits or even improved services and better

that

community

programs identified as successful;

building

that

benefits

apply

the

principles

of

ii. Adopting legislation that would

everyone.

encourage local governments to The state should support public and

adopt civil remedies to municipal

private efforts to create and maintain

code violations and allow the

“livable” urban areas where people

establishment of an expedited

want to live, work, invest and grow a

process to adjudicate alleged

business, learn, shop, and recreate

violations

and where there is a range of

court system;

equitable

housing

options

for

outside

d.

Creating

market

affordable Complementing

and

options

in

i. Establishing grants for-profit and

“green infrastructure” such as:

nonprofit developers that agree

Creating

to develop mixed-income rental

inner-city

and homeownership projects;

trails/pathways/open

ii. Encouraging

space/parks; ii.

housing

rate

urban and rural areas by:

local

government’s efforts to create i.

criminal

all

income levels by: a.

the

Smart

Housing

Promoting public access to

Zoning Codes that simplify urban

and

redevelopment

processes,

encourage

use

enjoyment

of

urban

waterfront assets; 3-27

mixed

and


D R A F T

F I N A L

R E P O R T

f.

income levels, and expand

Supporting local “Safe Routes to School”

housing choices;

programs,

which

encourage walking and biking to

iii. Expanding programs to help people with lower incomes

school

and

become homeowners.

concerns

address (e.g.,

safety

increased

enforcement of traffic laws, design e.

of

of safer streets, public education

employees and customers of

on safety, and removal or control

new or expanding city centre

of structures that pose hazards to

businesses

children)

Recognizing

the

needs

to

transportation

have

access

without g.

consuming large areas of the central

business

district

higher

for

and

communities mass

transit

public/private

access

to

h.

centre

public

employees

and

private

Providing adequate resources to public

to

schools

and

improve

educational accountability;

reduce public transit costs to city

similar

to

consider

partnerships

and

urban neighborhoods

assisting

with

education,

facilities as integral components of

surface automobile parking by: i. Encouraging

Supporting day care, job training,

from i.

savings

Retaining and Attracting Residents

otherwise needed to construct,

to Cities: The state should develop

maintain,

and

operate

policies that retain and attract a

employee

parking

facilities,

diverse

population,

including

recent college graduates, skilled

and/or ii. Developing

and

workers,

enhancing

artists,

entrepreneurs,

and

highly educated individuals and all

fund,

others who seek to live and work in

finance, construct, operate, and

diverse, vibrant urban communities;

ways

for

private

municipalities

developers

maintain

mixed-use

structures

with

commercial first/ground supports

to

j.

compatible

space level

parking on

that

compact,

Commerce Centers: should

the

recognize

communities

also

centers”

walkable

The state

as

certain “commerce

because

of

their

urban centers and minimizes the

fundamentally

negative

and commercial character, and

impacts

of

surface

urban/suburban

the fact that infrastructure (e.g.,

parking lots.

water 3-28

and

sanitary

sewers)

is


D R A F T

F I N A L

R E P O R T

state

management, dissemination, reviewing,

should target its resources to

and up-dating of good data is the base

support

and

for good planning. The use of these data

existing

to make good decisions is just as

already

in

place.

The

redevelopment

growth

within

these

commerce centers by adopting

important.

policies

that

processes have caused many problems

commerce

in the planning process; some of these

and

would

legislation

define

availability

of

public

difficulty, tediousness and high cost

infrastructure required to support

of data collection, analysis, review

development

and up-dating; inaccurate and out-dated data that

Transportation: The state should

do

recognize that cities need a

situations and problems;

diverse set of mobility options. In

not

reflect

actual

real

life

formulation of plan objectives that

partnership with the federal and

are not truly reflective and responsive

local governments, the state

to the actual issues and problems,

should support modern, cost-

formulation of plan strategies that are

multimodal

not effective in dealing with the

transportation systems to assure

actual issues and solving the actual

that

problems,

efficient, our

accessible,

urban

areas

attractive

are

or

worse,

that

may

and

bad

aggravate them;

and

efficient for people of all ages,

uncertainty,

indecision

decisions on the part of officers and

incomes, and physical abilities.

political 3.3.6

these

(2)

k.

in

are:

centers based upon (1) relative population density, and

Weaknesses

decision-makers

formulation

ISUG Database Management and Decision Support System for integrated planning, managing and monitoring of urban growth

and

in

plan

development

control;

delay in the preparation of plans and in the consideration of applications

One of the areas of weaknesses in the

for planning permission;

present planning system is in the compilation,

analyses

and

stakeholders and the community in

management of data and in the use

the plans;

of data for decision-making in the

formulation of development plans compilation,

ineffective

and

hostile

public

participation;

and in development control. The collection,

lack of confidence on the part of

analysis,

unforeseen and undesirable impacts of development;

3-29


D R A F T

ƒ

F I N A L

R E P O R T

dissemination

unsustainable development.

planning

of

and

information

for

management

of

ISUG,

The need for data and information ii)

arises at all levels, from that of senior

ISUG Decision Support System - an

decision-makers at the national level

integrated computerized system to

to the grass-roots and individual level,

help in decision-making in urban

and at all stages of development, in

development

plan-making,

and management,

implementation,

regulating

and

iii)

monitoring.

ISUG

Indicators

Comprehensive information on the

operational

various

indicators

social,

economic

and

development

issues,

planning, -

set and

a

control complete

of

criteria,

indices

for

the

assessment,

measurement,

and

such as land resources, land use,

monitoring

of

and

population

proposed urban development and

environmental

and

demography,

their impacts.

employment and income, industry, commerce,

agriculture,

present

iv)

tourism,

ISUG Cost Benefit Assessment – a

housing, public utilities, community

comprehensive

facilities,

approach for the assessment of

leisure

and

recreation,

analytical

environmental quality, urban form

environmental,

and

economic impacts and risks of

landscape,

and

traffic

and

transportation, is the basis for good

proposed

integrated, holistic planning.

formulation

development of

development The

ISUG

approach

envisages

social

and in

plans

the

and

control

in and

monitoring.

a

comprehensive integrated database management system combined with

The

a decision support system, called the

Geographic Information System (GIS) is

ISUG

and

essential for the efficient setting up,

which

maintaining and running of such a

Database

Decision

Management

Support

System

use

of

computers

and

the

system because of the vast array of

consists of:

spatial and temporal data, the wide i)

ISUG

Database

System

-

range

Management

an

for the collection, compilation, storage,

reviewing, communicating

urban

matters,

and

the

complex analytical processes involved.

integrated

database management system analysis,

of

retrieval, up-dating, and 3-30


D R A F T

F I N A L

R E P O R T

standard formats to coordinate all these

3.3.6.1 ISUG Database Management System

data. On-going day-to-day information The

ISUG

Database

on

Management

land,

land

resources

and

on

System envisaged, which can be

development, as well as on economic,

called ISUGDMS for short, is a GIS-

demographic and social matters, can be

based electronic data management

obtained from the various departments

system that can be used to, among

and agencies. These sources of regular

other things:

planning related information include:

i.

assess, collect and compile data for

planning

purposes

Mapping:

from ii.

sources in raw data form as well in

standard

and

Department of Land and Mines, land land status, land ownership, land

automatically

analyse

according

to

transactions;

data

iii. Statistics

standard

Department:

demographic, housing, employment,

spatial

income data;

attributes

analyse

for

purposes, easily

common and

for

any

iv. Department

also

store

and

data, file

the

raw

supply

properties,

up-date the data automatically;

transactions;

disseminate communicate

with

users

Valuation

and

and

demand

of

residential, commercial and industrial

and

analysed data for easy retrieval; data

of

Property Services: property market

other

purposes;

population,

classification with temporal and specific

maps,

offices and district offices: data on

common

formats;

cadastral

topographical maps;

primary as well as secondary as

Department of Land Survey and

land

values,

property

and

v. Public Works Department: data on

and

road planning, road construction,

stake holders;

road capacity, traffic volume. O&D

make information presentation to

traffic data; vi. Drainage and Irrigation Department:

decision-makers in clear format.

data on rivers and drainage patterns, It is envisaged that the database for

rainfall,

ISUGPDMS, as a start, will incorporate

irrigation areas;

all

existing

relevant

water

vii. Department

planning

runoff, of

flooding,

Mineral

and

information that have been compiled

Geosciences: data on hill slopes,

in the preparation of national plans,

land stability;

plans.

viii. Department of Environment: data on

However it has to devise and establish

air and water quality, pollution from

structure

plans

and

local

3-31


D R A F T

industries

and

F I N A L

area, height, types, data on building

businesses,

uses;

environmental impact assessment

xv. Local

reports; ix. Public

utility

agencies

departments

for

electricity

water

supply,

Authority

Engineering

Department: data from earthworks

and

plans, data on traffic, parking, roads,

supply,

xvi. Local

sewerage

Authority

Landscape

management,

Department: data on trees, tree

telecommunication services: data

planting, tree felling, parks; xvii. Local

on the supply and availability of x.

R E P O R T

Authority

Licensing

public utilities;

Department: data on number of

Education Department: data on

licenses

schools,

business premise, change of use,

number

of

students,

clinics,

Department: hospitals,

data

on

number

of

xviii.

of

businesses,

Bus,

taxis

and

other

public

transport companies: data on routes, frequency, no of passengers, no of

patients, doctors: xii. Police

types

complaints of nuisance;

teachers; xi. Health

of

Department:

data

trips.

on

police stations, number of police, Other important sources of planning

crime rates, traffic accidents; xiii. Local

Authority

Town

data are private sector businesses and

Planning

NGOs.

Department: data from planning permission approvals

applications on

and

proposed

Besides establishing standard common

and

approved residential, commercial,

user-friendly

industrial, institutional, community

networks

facilities, etc, in terms of units, floor

compilation of these data, the system

area, location, height, type, data

should also allow easy assess of these

from local plan such as land use

information

plan,

information by its users in the government

future

land

use

plan,

Authority

for

the

and

and

electronic

sourcing

and

value-added

and private sectors and communities. A

planning control guidelines; xiv. Local

formats

important use of these data is to aid

Building

Department: data from building

decision-making

plan applications and approvals

planning, control and management. To

and from completion certificates

do this the ISUGIMS is combined with an

on

appropriate

residential,

commercial,

buildings in terms of units, floor

3-32

development

computerised

Support System.

industrial, institutional, and other

in

Decision


D R A F T

F I N A L

R E P O R T

ii)

3.3.6.2 The ISUG Decision Support System

The information conveyed and its purpose must be clear and easily

Decision-making

in

planning

understood;

and

The

information

management of urban growth and

planning

development

communicated to and understood

is

a

complicated

must

be

for

effectively

process. It requires the proper use of

by

relevant

be

holders at all levels and sectors, at

analysed in a holistic and integrated

national, regional, state, and local

process,

levels, in the government, private,

data,

which

taking

social,

into

economic

has to

consideration as

well

“decision-makers”

business

as

and

and

community

stake-

sectors,

urban

from the planning officers formulating

development. The ISUG approach

draft proposals, politicians selecting

envisages

optional proposals, businesses and

environmental

aspects

the

integrated

of

setting-up

GIS-based

of

an

NGOs

Decision

providing

inputs,

and

Support System to aid in decision-

communities and residents making

making for the formulation of urban

representations and objections. The

development plans and policies at

level of understanding of the stake-

national, regional, state and local

holder depends on his background,

authority

experience,

levels,

in

development

control and licensing by state and

interests.

local

envisages

authorities,

and

in

the

education The

ISUG

the

level

and

approach

setting-up

of

of

permanent information centres for

urban growth and development. The

the public, and “operation rooms” for

ISUG

government decision-makers.

management Decision

and

monitoring

Support

System

or

ISUGDSS in short, is to use data compiled to help in the making of

iii) The system must also ensure that the

good and fast decisions in all these

stake-holders understand clearly the

processes. Data is useless if it does not

implications of their decisions and

serve this purpose.

actions and ensure that responsible decisions are made. Good decisions

For this purpose, the setting up of

have to be holistic and have to take

ISUGDSS should have, among others,

into

the following aspects:

development and their impacts, not only

i)

account the

all

economic

aspects costs

of and

The system must know clearly who

benefits, but also environmental and

are the users of the information,

social costs.

the decisions they are to make, and the purpose of the decisions; 3-33


D R A F T

F I N A L

R E P O R T

•

Among the tools that aid decision-

Environmental Management System

making for sustainable development

(EMS), which is a tool for managing

that can be incorporated in ISUGDSS

the impacts of development on the

are:

environment. It provides a structured approach

•

Strategic

planning

implementing

Environmental

and

environment

a

protection measures. The ISO 14000

systematic process for evaluating

standards provide both a model for

the environmental consequences

streamlining

of

management,

Assessment

(SEA),

proposed

which

policy,

is

plan

or

environmental and

guidelines

ensure

ensure they are fully included and

considered within decision making

appropriately addressed at the

practices.

appropriate

decision-making

stage

on

economic

and

considerations.

SEA

par

issues

are

of The

with

ISUGDSS

should

also

include

assessment of costs, benefits and risks to

social should

environmental

to

programme initiatives in order to

earliest

•

to

ensure

be

more

responsible

done during the formulation of

accountable

structure and local plan strategies

planning and management of urban

and proposals.

development.

Environmental Impact Assessment

Appropriate

(EIA), which is the process of

need to be developed to provide solid

identifying, predicting, evaluating

bases for decision-making at all levels

and

physical,

and to contribute to a self-regulating

social, and other relevant effects

sustainability of integrated environment

of development proposals prior to

and development systems.

mitigating

the

decision-making

and

urban

growth

in

the

indicators

major decisions being taken and commitments made. The purpose 3.3.6.3 ISUG Indicators (ISUGI)

of the assessment is to ensure that decision-makers

consider before

Urban growth indicators help in decision-

deciding whether to proceed with

making at various levels, and different

new

to

types of indicators are required for

approve applications for planning

different purposes. The ISUG approach

permission.

envisages the adoption of a set of

environmental projects,

impacts or

whether

criteria, indicators and indices at various

3-34


D R A F T

F I N A L

R E P O R T

3.3.6 4 ISUG Cost Benefit Assessment (ISUGCBA)

stages of development planning and management. i)

At development planning stage

The ISUG approach requires that in the

when

Environmental

formulation of options for plan proposals

Assessment is carried out; the ISUG

and in the consideration of applications

Indicators are used to evaluate

for proposed development, decisions are

the

of

to be based on a comprehensive and

structure plan and local proposals,

quantifiable approach, in order to abide

and to measure the costs and

by

benefits

development, as spelt out in Chapter 8

Strategic

environment

of

impacts

the

alternative

For

principles

of

sustainable

of Agenda 21: “Integrating Environment

proposals; ii)

the

development

control;

and Development in Decision-Making”,

the

indicators are used to assess the

and

impacts and to measure the costs

Approach

and

Management of Land Resources”. As

benefits

of

proposed

in

Chapter to

10:

the

“Integrated

Planning

and

the

part of the recommendations of the

consideration of applications for

Agenda 21 chapters, the ISUG approach

planning permission by the local

will adopt “comprehensive analytical

authorities;

procedures

development

projects

in

for

prior

simultaneous

of

assessment of the impacts of decisions,

development being carried out;

including the impacts within and among

the

to

the economic, social and environmental

the

spheres; analysis should also include

with

assessment of costs, benefits and risks.”

stated environmental standards

Decision-making will be aided by a

and conditions;

thorough assessment of the costs and

iii) For

the

monitoring

indicators

measure

are

used

whether

development

complies

benefits,

iv) To assess the status of a local

including

municipal, state or national area

environmental

in

sustainable

comprehensive accounting method of

development or ISUG standards;

calculating and quantifying risks, costs

the indicators used are similar to

and benefits of development impacts,

Sustainable

caused

achieving

Development

by

and

“hidden”

social

various

costs.

A

development

Indicators (SDI) and Quality of Life

activities, on various sectors of society,

Index (QLI).

using appropriate ISUG indicators, need to be derived for this purpose. ISUG indicators used in cost benefit and risk assessment of development impacts 3-35


D R A F T

should

be

comprehensive

F I N A L

R E P O R T

of

and

teachers,

indicators may include:

stations, no of policemen, shops; belonging,

land

sense of security;

land

slide,

soil

settlement, erosion, flooding, land

Ecological:

fauna

and

agriculture,

Climate: Climate change, global gases,

trees

and

Air quality: air pollution, air quality index, noise pollution Water

quality:

water

pollution,

water quality index; Public utilities: supply, demand and costs of water, electricity, sewerage,

telecommunication,

waste management services;

Economy

and

Income:

employment, income, costs of living;

Traffic

and

Transport:

traffic

impact, public transport, cost of traveling,

Housing and living environment: housing

demand

costs

of

neighbourhood

and

housing,

supply, clean

environment,

safe, bicycle lanes, foot paths;

Design and Aesthetic: protection of realm design.

production:

vegetation;

practices,

Food

house

traditional

vistas, urban

warming, carbon emission, green

community,

wetlands, rivers, marine resources; fishing, aquaculture;

of

pursuits;

flora,

natural biodiversity, forests and

Cultural:

sense

religious facilities, heritage, spiritual

availability, land suitability;

police

Social: sense of place, sense of

Geotechnical and land resources: stability,

doctors,

and

hospitals,

of

clinics

relevant. Among other aspects, ISUG

no

health

Community facilities and services: facilities for recreation, schools, no 3-36

design, arts, public


D R A F T

F I N A L

R E P O R T

Table 3. 1: Summary of The ISUG Database Management And Decision Support System No.

System

What is it

What it is for

Contents

1

ISUG Database Management System

Integrated collection, compilation, analysis, storage, retrieval, updating, reviewing, communicating, etc.

Existing planning information from plan preparation; obtained from various agencies and departments

Cadastral, topography, maps, land status, ownership, population, employment, incomes, property markets, roads and infrastructure, planning and building application, status, etc.

2

ISUG Decision Support System

Help in decision making in planning control and management

Need to know who are the users, decisions to be made and purpose of decision, implications of decision.

3

ISUG Indicators

Set of criteria and indices for assessment, measurement and monitoring of present and proposed developments

Indicators used to evaluate environmental impact of SP and LP and measure Cost Benefit Analysis of alternate options; Development Control – assess impacts of proposed development ; Monitoring – measures whether development complies with environmental standards and conditions; Assess status in achieving sustainability

SEA EIA EMS Assessment of costs, benefits and risks Eg: Quality of Life Index

4

ISUG Cost Benefit Assessment

Part of Agenda 21 comprehensive analytical procedures for prior simultaneous assessment of impacts of decisions; Cost Benefit assessment of development on society, environment, etc.

-Comprehensive accounting method of calculating and quantifying risks;

3-37

Geotechnical, land stability, ecological data; climate change, carbon emissions, air quality, water quality, public utilities, etc.


D R A F T

3.3.6.5 Adoption,

Adapting

F I N A L

R E P O R T

ministries and higher level agencies and

and

departments, and its data, although

Incorporation Of Available Systems

land based and substantial, are not Much has been done in the country in

directly useable for the purpose of the

attempts at setting up database

preparation of the report of survey,

management systems and decision

structure plans and local plans, and for

support systems for planning and

development control purposes and for

urban management, and a lot can

the

be

authorities.

learned

agencies

from

and

them.

Many

departments

daily

use

of

local

planning

in

Malaysia have set up computerised

Several states and local authorities have,

data compilation and management

on

systems for land and development

planning data base management and

information. The Malaysian Centre for

development control systems for their

Geospatial

Data

own use. The Penang State Government

(MacGDI),

(formerly

called

Infrastructure

for

National

Infrastructure,

their

own,

started

computerised

has successfully set up the Penang GIS,

the

or

Land

PEGIS,

with

map-based

data

Information System, or NaLIS) was set

compiled from various departments and

up under the Ministry of Land and Co-

is in the stage of dissipating data among

operative Development of Malaysia,

the departments and to the public via its

which was later subsumed under the

website. The State of Selangor has a

Ministry of Natural Resources and

similar system called SGIS, which involves

Environment, to provide access to

the

geospatial

sharing

administration data of the land office. In

government

the Klang Valley Region, a new concept

agencies for more improved planning

of evaluation model called “Integrated

and development of land resources.

Land

Its main objectives are to help in land

introduced

information sharing and exchange

“Application of Geographic Information

between agencies by using the latest

System for the Klang Valley Region”

on-line information technology, and

(AGISwlk), as an integrated land use

to

planning

among

data

through

participating

avoid

wastage

due

to

computerization

use

of

Assessment” together

approach

(ILA) with

that

the

utilizes

GIS

capabilities

processing,

systems as a mechanism for monitoring

preparing

and distributing land information that

urban

is needed for land planning, land

others, Nov 2005)

usage monitoring and environmental supervision. However its main users are 3-38

planning

was

uncoordinated efforts in collecting, maintaining,

and

land

development.

support

(Yaakup

and


D R A F T

F I N A L

R E P O R T

Besides the Federal and State Land

Perbadanan Putrajaya is using a system

and Mining Departments and the

called SUMBER-PUTRA, short for “Sistem

Survey and Mapping Departments

Pengurusan Bercomputer Pembangunan

which

Bandar

have

computerized

their

Putrajaya”

or

procedures and data recording and

Computerized

mapping

Management System” including an e-

systems,

the

Federal

Urban

“Putrajaya

Department of Town and Country

submission

Planning

and

application. The Penang Island Municipal

facilitated their state and regional

Council has embarked on its Electronics

offices to computerize as well. The

Local Authority Management System or

Town

Planning

eLAMS, which will assist in its day-to-day

Department of Selangor had started

functions of processing of applications

on

for planning permission, building plans

has

encouraged

and

Country

SEPAS

(Selangor

Electronic

system

Development

and

Town

compilation of data from these sources.

Country

Planning

plans,

planning

Planning Approval System). The Perak and

earthworks

for

and

the

the

(Tan, 2003). The State of Negeri Sembilan

ICT

has also started to develop its own

programme, and other state and

planning support system, GIS9, to monitor

region Town and Country Planning

the implementation of its development

Departments are using ICT and GIS in

plans

their local plan preparation work. The

(Yaakup, and others, 2004). KL City Hall

Federal

has started its integrated GIS-based

Department Perak

is

spearheading

state

government’s

Department

has

recently

the

state

and

development

a

National

management system, consisting of 7

System

subsystems. (Yaakup and others, Sept

and

Landuse

interactive

Information

and

levels.

launched its Land Use Portal, which is free

control

district

urban

2005).

geospatial portal. It consists of existing and proposed landuse information in all

development

prepared,

Attempts at establishing operational sets

including the National Physical Plan

of indicators of sustainability for different

(NPP),

situations

structure

plans plans

and

local

and

purposes

have

been

plans. The JPBD Landuse Portal is

made by many organizations. Some of

developed to improve the delivery

the most prominent of these include the

system of Town and Country Planning

Human Development Index (HDI) of the

Department Peninsular Malaysia to

United Nations Development Programme

the public. (JPBD Land Use Portal, at

(UNDP); the Environmental Sustainability

http://tplangd.townplan.gov.my/land

Index (ESI) and the pilot Environmental

useportal/main.htm).

Performance Index (EPI) reported under the World Economic Forum (WEF). 3-39


D R A F T

F I N A L

R E P O R T

Technology Malaysia (UTM), University In

Malaysia,

several

Science

organizations

Malaysia

(USM),

University

have taken the initiative to formulate

Technology MARA (UiTM), International

suitable

Islamic University Malaysia (IIUM) and

sustainable

development

University Putra Malaysia (UPM).

indicators (SDI). Among these are the Department

of

Statistics,

the

Economic Planning Unit (Malaysian

These

Quality of Life Index, MQLI), the

hardwares

Department

the

invaluable knowledge and experiences

and

of the officers, should be utilised, and

Development (LESTARI) of University

instead of re-inventing the wheel, the

Kebangsaan Malaysia, the State of

cooperation and assistance of all these

Selangor (Agenda 21 Selangor), the

agencies should be obtained to set up

Socio-economic

Environment

an integrated database and decision

Research Institute of Penang (SERI),

support system for the planning and

and

management

Institute

of

of

the

Environment, Environment

and

Environmental

Protection

separate and

of

expensive softwares,

the

set-ups, and

growth

the

and

The

development by all the federal, state

Federal Department of Town and

and local authorities in the country. A

Country Planning has come up with a

combined

set of 50 urban sustainability indicators

initiated and led by a central agency, to

under the MurniNet which is being

standardize all formats, and to develop

used

the most suitable system to be used by

Society

to

of

Malaysia

evaluate

(EPSM).

local

authority

proposed a set of policy indicators to the

progress

of

the

implementation of the plan’s land use policies. “Bottom up” approaches to establish SDIs have also been tried, such as those done by the Sustainable Penang Initiative and the Petaling Jaya Local 21 project. (Hasan, 2001). Several universities are also involved in teaching, research and carrying out of projects in

should

be

made,

all relevant departments and agencies.

areas. The National Physical Plan has monitor

effort

computerized land

planning and management systems, the main players being University

3-40


D R A F T

No

1

F I N A L

R E P O R T

TABLE 3. 2 : List Of Available Data Base Management Systems Related To Planning And Development By Malaysian Agencies And Departments Agency / Department / Type of Data Notes / Strengths / weaknesses Ministry A. Management of Planning and Development Malaysian Centre for Geospatial Data Infrastruture (MacGDI) , Ministry of Natural resources and Environment

Geospatial data to help in land information sharing and exchange between agencies using latest on-line information technology

2

Penang State Government (PEGIS)

Map based data compilation from various departments.

In the midst of disemminating information to agencies and public via web page;

3

Penag Island Municipal Council (MPPP)

eLAMS – Electronic Local Authority Management System

Assist in the day to day function of processing applications for planning permission, including building plans and earthworks plans,

4

State of Selangor (SGIS)

Computerization of land administration data from land offices

5

State Town & Country Planning Selangor

SEPAS – Selangor Electronic Planning Approval System

6

Klang Valley Secretariat

Integrated Land Use Assessment (ILA) together with AGISwlk – an integrated land use planning that utilizes GIS capabilities for monitoring development.

7

State Town and Country Planning Department Perak Federal Department of Town and Country Planning

Using GIS for development plan preparation and development control

9

Putrajaya Corporation

SUMBER-PUTRA : includes an e-submission system for planning application.

10

State of Negri Sembilan

GIS9 – planning support system

8

For improved planning and development of land resources; Used by ministries and higher level agencies; Data not directly usable for purposes of preparation of report of survey, structure plans and local plans, or development control purposes.

Land Use Portal – existing and proposed landuse information in all development plans prepared, including NPP, Structure and Local Plans.

3-41

To monitor implementation of development plans at state and district levels


D R A F T

The

ISUG

Database

F I N A L

R E P O R T

respective states, which is chaired br

Management

the Chief Ministers,

and Decision Support System should and

v) The Regional Offices are helping the

maintained by a federal government

Local Authorities in the preparation of

agency

their Local Plans,

be

set

up,

coordinated,

directly

involved

in

the

vi) The State Offices are helping the

planning and management of urban development, and who has direct

Local

contact with all relevant agencies,

development control work, vii) The

departments and organisations in the

Authorities Local

in

their

Authorities’

One

daily Stop

government as well as in the private

Centres are headed by officers of

sector, at national, state and local

the Department.

levels, that are potential suppliers and 3.3.6

users of this system. The National

Urban Form, Urban Design, Incentive-

Physical Plan has recommended such

Based,

a

Control and Other Approaches for more

set-up

and

that

the

National

Performance-Based,

Licensing

effective development control

Physical Planning Council identifies the central authority to carry out this function.

(National

Physical

To overcome the weaknesses of the present

Plan

system

Policy NPP 17).

of

development

control,

the

ISUG

approach recommends the adoption of more Clearly the task should be undertaken

effective methods for zoning and development

by the Federal department of Town

control, and adapting them for use as control

and Country Planning because of all

instruments

the following reasons:

approach. These approaches can be adopted

i)

Its Director General is responsible

and adapted to suit the various situations in the

for the preparation and review of

planning and control of new development, in

the National Physical Plan,

order to achieve the objectives of sustainable

He is also the secretary of the

development, Smart Growth and ISUG. These

National

planning

are to be incorporated into the development

Council, chaired by the Prime

control guidelines of the structure plans and

Minister,

local plans.

ii)

iii) The

State

Physical

Directors

of

together

Problems

the

development control:

review

the

conventional

the

Department are responsible for preparation,

with

and

with

existing

zoning

system

and

alteration of the State Structure Plans of their respective states,

ƒ

As has been seen, the zoning system

iv) They are also the secretary of the

adopted in the present structure and local

State Planning Committee of their

plans and development control guidelines 3-42


D R A F T

F I N A L

can lead to problems of control being

R E P O R T

The final result in the urban environment

too rigid, delays in approvals, stifling

created by even adhering strictly to the

innovative

hampering

development control guidelines can be far

economic growth, as well as creating

from what was originally envisaged in the

urban sprawl and leap frog development,

plan, in terms of visual, environmental, social

without achieving the goals, visions and

and economic impact. Often the individuals

objectives of the plans.

formulating, and those implementing such

Many of the present structure plans, local

zoning plans and guidelines, will not have a

plans, zoning plans and control guidelines

clear idea of what the final urban product

adopt

will be like.

development,

the

conventional

“land

use

zoning” and “land use classification” Recommendation in the ISUG Approach:

system which fixes the type and land use of new development in different planning zones and disallows development that

Because

consist of a mix of land uses, or use-

approach recommends the adoption of other

classes, or building types, and imposes

more effective approaches in zoning and

rigid physical restrictions such as height,

development

minimum set-back and building line,

include:

maximum housing density, and maximum

these

weaknesses,

control.

These

the

ISUG

approaches

Urban Form and Urban Design Control Guidelines,

plot ratio.

of

This conventional zoning type called

Incentive-Based Control Guidelines,

“Euclidean” zoning has traditionally been

Performance-Based Control Guidelines,

adopted

Planned Unit Development Guidelines,

because

of

its

ease

and

and

familiarity of use in the formulation of zoning plans and guidelines and in its

Licensing Control Guidelines.

implementation by development control 3.3.7.1 Urban Form and Urban Design Control

officers. The officers do not have to think

Guidelines (UFCGs, UDCGs)

or use discretion in following such zoning plans and guidelines.

Adopting and adapting the system of Form-Based and Designed-Based Codes

It is also easier to be understood by the

that have been successfully used in the

public and by consultants. However, its

US, this approach uses guidelines that

inflexibility

zoning

control the form, mass, scale and design

guidelines to be frequently under pressure

of new buildings in relation to one

for rezoning or change, or for loop holes

another, to existing buildings, to existing

to be exploited by clever developers.

natural features and to public spaces

has

caused

these

(such as streets, sidewalks, parking and courtyards) 3-43

and

the

compatibility,


D R A F T

connection,

and

F I N A L

R E P O R T

treatments, and design and planting of

accessibility

street right-of-ways, etc.

between them.

UFCGs and UDCGs provide a clearer visual

image

of

the

UFCGs and UDCGs are drawn up for areas

new

which

require

such

special

development, and generally include

treatment and are often used together

guidelines for the design of the street

with the conventional comprehensive

and public spaces, traffic flow, foot

land use zoning plans typical of the

paths and pavements, street furniture

“proposals map” of structure plans and

and signage, advertisement boards,

local plans.

hard

and

soft

landscape,

architectural heritage conservation, a

Some features of UFCGs and UDCGs may

wider variety of housing types, mixed-

include:

use development to minimize the need

for

automobiles

and

a) Traditional

to

Neighbourhood

encourage transit use, development

(TND),

of town centres to provide for civic

development that include neighbourhood

uses

centres,

and

commercial

services,

generally open

for

Development

spaces,

new and

housing mixed-use

commercial structures to the sidewalk

development. Design typologies specified

and

may

oriented

toward

the

street,

include

build-to

shop

lines

frontages,

(in and

lieu

of

provision of open spaces and linkages

setbacks),

public

to residential and commercial uses,

spaces, especially the streetscape. TND has

and a strong pedestrian orientation.

most generally been applied to newly urbanizing areas, and may apply at the

developer's option as a rezoning.

The guidelines emphasize specifics of design for building typologies (houses, shop-

b) Town Centres, which usually include a

houses, town centres, etc.), including

broader mix of uses and higher intensity than

public spaces such as streetscapes

the TND. Again, typical design elements of

and

building

terrace-houses,

public

apartments,

plazas,

textures

and

types

and

public

spaces

are

prescribed. Town Centre zones may be

materials, and landscaping.

applied to new town development or to

The guidelines utilize mainly visual

urban infill areas of old towns, which is

formats that minimize the need for

accompanied by a specific (or "regulating")

extensive text, and are "prescriptive"

plan.

in that it prescribes build-to lines (instead

of

setbacks),

c) Transit-oriented Development (TOD) zones,

façade

intended for very specific areas adjacent to 3-44


D R A F T

F I N A L

R E P O R T

transit stations or facilities. The TOD zone

Architectural

Standards.

provides for an intense mix of uses, with

controlling

external

high density residential (and affordable

materials and quality.

housing). It may be applied to new town

Landscaping

Regulations architectural

Standards.

Regulations

development or urban infill of existing

controlling landscape design and plant

urban areas adjacent to transit.

materials on private property as they impact public spaces (e.g. regulations

d) Urban Heritage Conservation Areas, that

about parking lot screening and shading,

have been identified in the structure and

maintaining

sight

local plans for special conservation and

unobstructed

pedestrian

preservation

etc.).

conservation

treatment, guidelines

Heritage

have

to

be

lines,

insuring

movements,

Signage

Standards.

specially drawn and adopted for such

controlling

allowable

areas.

materials, illumination, and placement.

• UFCGs

and

UDCGs

should

include

the

illustrations

provisions. the

The primary advantage of UFCGs and UDCGs is

building

that they are "prescriptive", outlining specifically

form standards apply, based on clear

what is expected of new design in an area, and

community intentions regarding the

are likely to be better understood by the public,

physical character of the area being

decision makers, and project professionals. The

controlled.

disadvantage of the design-oriented approach

locations

and

sizes,

Regulating Plan. A plan or map of the regulated

Text

signage

explaining the intentions of specific code

following elements:

Annotation.

Regulations

area where

designating different

Standards.

is that it also requires a considerable front-end

Specifications for the elements within

effort to prepare a "regulating plan" (much like a

the public realm (e.g., sidewalks,

"specific plan") and the various design standards

travel lanes, on-street parking, street

and to prepare a design level of detail normally

trees, street furniture, etc.).

not seen until the design review phase of most

Building Form Standards. Regulations

projects.

Public

Space

controlling the configuration, features, 3.3.7.2 Incentive-Based

and functions of buildings that define Environmental

Resource

Guidelines

(IBCGs)

and shape the public realm.

Control

Standards.

Incentive

zoning

the

US

developed

storm water drainage and infiltration,

development

development

allowing for greater flexibility for the

slopes,

tree

encourage

was

Regulations controlling issues such as on

to

in

through

desired

incentives,

developer. Some LPAs in Malaysia has

protection, solar access, etc. 3-45


D R A F T

F I N A L

R E P O R T

adopted an approach similar to this

density bonuses in exchange for “low-

concept which allows for incentives

cost”

such as higher densities and plot

development where low densities may

ratios,

profit

increased

height,

reduced

housing more

may

from

not

building

attract at

high

densities.

setbacks, reduced car parking, in exchange for public amenities such as public open spaces, plazas or

There is a delicate balance between

streetscape improvements, heritage

what a community requires versus the

conservation,

environmental

use of incentives to encourage certain

protection, low cost housing, squatter

types of development, as well as trying

resettlement, and hawkers facilities.

to match the appropriate level of the incentive to the bonus.

The ISUG approach aims to formalize this concept, in the form of Incentive-

IBCGs can be applied together with

Based Control Guidelines or IBCGs, to

fiscal incentives at the state level, with

make

Transfer of Development Rights, and

the

development

control

Development Charges.

system more flexible in order for it to be more responsive to developer and

3.3.7.3 Performance-Based Control Guidelines

market demands. IBCGs can also be

(PBCGs)

used to encourage infill development in town centre development, transit-

The ISUG’s Performance-Based Control

oriented development, and compact

Guidelines aim to regulate the impacts

city development.

of development, rather than to limit class of use, scale and dimensions of new

development strictly and rigidly.

The IBCGs should encourage certain objectives

of

the

LPAs

without

requiring them on a site-specific basis.

The

primary

advantage

is

that

this

This allows flexibility for the developer

approach focuses on the impacts of

to make the incentive provisions work

development and to provide flexibility

more

regarding

readily

than

if

they

were

density

and

floor

area

requirements.

required. However, incentives may never be used, if they aren't truly significant benefits to the developer.

In this way, the fundamental purpose of development control, which is to reduce

Conversely, if the incentives are too

negative

easily realized, the LPAs may be

environmental, economic, social, and

granting

traffic

excessive

development

intensity as a trade-off. For example 3-46

impacts,

impacts,

is

such fulfilled

as without


D R A F T

F I N A L

R E P O R T

imposing unnecessary and irrelevant

set of ISUG impact indicators, and the

restrictions in the approval process.

use of a Decision Support System can overcome some of these problems.

ƒ

These guidelines can be used to 3.3.7.4 Planned Unit Development Guidelines

supplement the conventional landuse

zoning

and

(PUBGs)

dimensional

standards, rather than to supplant Planned Unit Developments (PUDs) are

them.

intended

to

create

a

process

for

In formulating PBCGs, the difficulties to

bending rigid rules in favor of better site

be overcome include:

design and land use patterns. These zones are frequently applied at the

a. impacts may be site-specific, so

developer's request, and usually provide

that a general set of numbers may

extensive flexibility for the developer and

not

the LPA to negotiate an appropriate

be

adequate

to

address

land use and design solution. PUBs are

impacts on other sites;

frequently applied to larger parcels, often in conjunction with specific plans.

b. the requirements can be difficult

PUD Guidelines typically include:

to implement, since they often involve

complex

calculations

which may not be familiar to

a. a purpose statement indicating the

developers, consultants, officers

desire to allow flexibility to create

and decision-makers; and

improved

design

and

amenities,

often in a mixed use setting; c. performance-based guidelines to b. principal uses allowed (if uses are to

replace conventional land use

be limited);

and zoning guidelines may ignore some of the fundamental reasons

c. minimum

to provide for or prohibit uses.

regulations

of

a

base

district that may apply, sometimes IBCG may or use discretionary criteria

including

for approval or create a point or

requirement, height, setbacks, and

credit

how mixed uses are treated in FAR

system

development.

to The

evaluate use

a

minimum

lot

size

and density calculations;

of

Environmental Impact Assessments to be

prepared

by

d. a

competent

highly

discretionary

consultants in the approving process

including

in accordance with an appropriate

procedures, extensive review and 3-47

detailed

process,

application


D R A F T

public

input,

and

F I N A L

R E P O R T

be

necessary

allowed

on

a

site.

A

further

disadvantage is that, because each

findings for approval; and

zoning creates its own set of standards e. the nature of the final product,

for a site, monitoring and administration

taking the form of an approved

of requirements for the zone becomes

development

and/or

complex, as the site essentially becomes

agreement, and procedures for

its own zoning district. As mentioned

amendment.

earlier in the report, the PUD process

plan

requires A

common

element

of

planning,

the

an

upfront

and

investment

favours

the

in

mightiest

for

developers who have the money and

planned developments is findings or

influence it takes to get approved. The

objectives

addressed,

process does involve risk, but the rewards

indicating that the intent of the

are attractive. If the site has multiple

Comprehensive

other

ownership, it will require the acquisition of

community goals are met, such as

the lots not belonging to the developer,

provision of public or recreational

in which case the government may step

facilities, affordable housing or mixed

in and acquisition may be legally done

use

by compulsory acquisition or eminent

discretionary

review to

process

be Plan

provisions,

and

relationship

surrounding

to

uses,

accommodation

domain.

and

of

non-auto The PUBs approach works well for special

oriented modes of transportation.

development

like

town

transit

centre

The advantages of PUDs are that

development,

oriented

maximum flexibility is provided for

development and urban renewal.

innovative design and deviations from the standard requirements, and that 3.3.7.5 Licensing Control Guidelines.

the LPA may negotiate public benefits that would otherwise be unattainable. The negotiation process may also

Another instrument available to the local

involve

authority for the control of building use

all

parties

in

a

"win-win"

and business activities is through licensing

dialogue.

control.

Section

102

of

the

Local

The primary disadvantage is that,

Government Act states that “every local

because

highly

authority may from time to time make,

discretionary, there is considerable

amend and delete by-laws with regard

uncertainty for the developer, the

to all matters necessary or desirable for

LPA, and neighbours as to what might

the maintenance of the health, safety

the

process

is

3-48


D R A F T

F I N A L

R E P O R T

and well-being of the inhabitants or

local authority can also impose whatever

for the good order and government

conditions and restrictions it thinks fit in

of the local authority area, in respect

the issuing of licenses, and licenses can

of, among others, “to control and

be revoked by the local authority “at

supervise, by registration, licensing or

any time without any reason thereafter”.

otherwise, including in proper cases by prohibition, a trade, business or

License control guidelines can hence be

industry which is of an obnoxious

formulated

nature or which could be a source of

licenses in order to control activities and

nuisance”.

uses to further achieve the objectives of

to

guide

the

issuing

of

ISUG, and these guidelines can be The local authority can at its discretion

incorporated in the zoning plans and

refuse to grant or renew any license

local plans.

without assigning any reason. The TABLE 3. 3 :

Summary Of Urban Form, Urban Design And Incentive Based And OtherApproaches For Effective Development Control

No

Type

Contents

Application

1

Urban Form, Urban Design Control Guidelines

Control form, massing, scale, design of new buildings to existing natural features and public spaces; Regulating plans, public space standards, building form standards, environmental Resource Standards, Architectural Standards, Landscaping standards; signage standards, etc.

Traditional Neighbourhood developments; Town Centres, Transit Oriented Development Zones; Urban Heritage Conservation Areas.

2

Incentive Based Control Guidelines

Higher densities, plotratios, increased height, reduced setbacks, car parking, etc.

3

Performance based Control Guidelines Planned Unit Development Guidelines Licensing Control Guidelines

Focusses on impact of development; provide flexibility on density and floor space Create a process to bend rigid rules in order to create a better environment;

Can be used to encourage infill developments, TOD and Compact developments; Can be applied with fiscal incentives, transfer of development rights and development charges. Can be used to supplement conventional land use zoning;

4

5

Control building activities

use

and

3-49

business

Town Centre, TOD areas and urban renewal. Licence control guidelines


D R A F T

3.3.8

F I N A L

R E P O R T

Development Charges and Transfer of

properties, can be developed to

Development Rights to promote better

become more vibrant and successful

development

as the development potential from the

Transfer

of

Development

Development Charges

protected

transferred

two

ISUG

development rights are "transferred" district

In

is

and

one

them.

areas

Rights

are

to

resource

(the

essence,

mechanisms that can be used by Local

from

"sending

Planning Authorities to achieve the goals and

district") to another (the "receiving

objectives of their development plans, by

district").

discouraging development in certain sites and promoting new development in other

Process:

sites. They are used over and above zoning

i. The approach begins with planning

restrictions.

processes that will identify specific preservation areas as "sending areas"

3.3.8.1 Transfer of Development Rights (TDR)

and specific development districts as "receiving areas" in the development

Transfer of Development Rights (TDR)

plan.

represents an innovative way to direct

ii. Once these areas are identified,

growth away from lands that are

planning by-laws or rules can be

planned in the structure plan or local

adopted which authorize landowners

plan for protection or conservation to

in the sending areas to sell their

locations planned for high-intensity

development rights to landowners in

development. In the US, it is a strategy

the receiving areas. The amount of

that uses market forces to accomplish

money required to purchase these

two Smart Growth objectives:-

development rights is influenced by market values, and can either be

i.

First,

land

protected

for

is

fixed by the planning rules or left to

permanently

public

be

purposes

between

the

landowners.

such as open space, roads, public

ii.

negotiated

utilities, or conservation areas, via

iii. The local planning authority has to

the transfer of some or all of the

register all such transactions and

development

would

record the development right loss

otherwise have occurred in these

and gained by the affected sites, to

places to more suitable locations.

be referred to when an application

Second, locations such as city and

for planning permission is later made

town centers, transit centres, or

for the other site.

that

brown field sites and underutilized 3-50


D R A F T

F I N A L

R E P O R T

iv. Development restrictions in the

public utilities, schools and large

sending areas can limit the level

open spaces; the development right

of new development, the type of

of these lands are then “transferred”

development,

to the other developable parts of his

or

some

land without loss in overall density

combination of both. v. The

developer

who

buys

entitlement.

a

development right is acquiring the capacity to build higher intensities

Adoption

in

Malaysia,

in a receiving area, which can

Development Rights:

Definition

of

mean different types of the same use (apartments in addition to

TDR is commonly practiced in the US as

terraced houses), higher densities

part of the Smart Growth strategies.

of the same use, or different

However,

higher intensity uses (commercial

Peninsular

or industrial use in addition to

understand

residential).

“development rights” in this country is

before

adopting

Malaysia, that

one

the

TDR

in

has

to

definition

of

somewhat different. Benefits: i.

TDR benefits local authorities by providing which

a

to

achieve

followed very closely the principles of

with

development

local

planning

and

development control introduced by

urban

the 1947 TCPA of England, brings all

conservation having

policies to

development

pay

compensation.

making

Market forces are harnessed to

permission.

protect

land

it

under subject

Development

control to

rights

by

planning and

the

while

also

the

local

development values of land were

authorities’ income in the form of

effectively nationalized by the act,

greater assessment and taxes by

leaving landowners with their existing

allowing higher densities and built-

use rights and land values (as of the

up floor areas in prime locations.

time the act was adopted in the

Another use of TDR is when a

state).

contributing

iii.

the

In this country, the TCPA 1976, which

authorities’ land protection and without ii.

mechanism

to

developer is required to surrender

Hence

not

all

areas

have

a

lands in his development that are

“development right” or “potential”

required

purposes

for development. For example, lands

beyond that necessary for his

for agriculture and other reserves,

project, such as for highways,

such as forests, hill lands, natural

for

public

3-51


D R A F T

F I N A L

parks, wet lands, and other areas

agriculture land, forest reserves,

not

for

parks, water catchment areas, etc,

development, do not have a

that are not meant for urban

“development right”.

development and are not entitled

Urban conservation areas, such as

to

old historic towns and sites of

receiving areas are locations where

heritage buildings, may or may

faster development is encouraged

not have further development

and

rights, depending of the planning

development is preferred, such as

at the time of the adoption of the

in transit centres, town centres, and

Town and Country Planning Act or

brown field sites.

originally

the

intended

proposal

in

“development

where

rights”.

higher

The

intensity

existing ii)

development plans.

R E P O R T

Carry out a Real Estate Market

In essence, owners of land are

Analysis (REMA): Completion of a

only

real estate market analysis is highly

entitled

to

the

existing

legalized land or building use of

recommended.

The

the land; the right to develop can

purpose

analysis

only

local

validate the transfer system prior to

planning authority in the form of

the adoption of the implementing

planning permission.

planning rules. Demand for growth

be

given

by

the

of

the

overall is

to

is necessary for TDR to succeed, and a REMA will determine market

Implementation of TDR: The

steps

normally

taken

in

strength. It will also help the LPA

the

comprehend land values and the

implementation of TDR include:

types of growth that the market will i)

Identify the “Sending Areas” and

support. Knowing the economic

the “Receiving Areas” in the

value

Structure and Local Plans. The

generated in the sending area and

Sending Areas are those areas

the capacity of the market to

within the Urban Growth Areas

absorb that value in the receiving

that are intended in the plans to

zone is critical. Moreover, the LPA

have development restrictions,

must ensure that the rate of transfer

such as heritage conservation

(the number of development rights

areas and sites for schools, open

generated

spaces and other community

expected sale price of each right)

facilities

adequately

and

public

utilities.

of

development

multiplied

by

compensates

rights

the the

“Green Reserves” are excluded

landowner in a sending area for

as these areas are formerly

forgone 3-52

development

on

their


D R A F T

F I N A L

R E P O R T

an

these areas, a formula to calculate

understanding of the value of

the actual values is to be created

additional

in order to determine the fair

parcel.

Similarly, density

in

the

receiving area is important to

amount

establishing

entitlement

the

amount

of

of

development

that

should

be

additional density permitted per

transferred. The formula should also

credit acquired.

include the calculation of values of different development types, so

iii)

Determine

the

that,

“Base

say,

a

residential

Development Rights” of these

development right of a sending

areas. The “Base Development

area

Rights”

and

commercial development in the

receiving areas are the original

receiving area. The REMA carried

development

out earlier is to help in this complex

of

the

sending entitlement

in

can

be

changed

terms of the development type,

determination

of

the landuse, or building use, and

development right credits.

to

such

the density and plot ratio of the areas,

as

indicated

in

v)

the

Drafting the Rules. Planning rules

development plan, zoning plan,

have to be drafted and adopted

planning

which authorize landowners in the

guidelines,

and/or

planning permission at the time

sending

areas

to

sell

their

of coming into force of the new

development rights and developers

development plan and the TDR

in receiving areas to develop more

rules.

intensely by purchasing them. The Rules have to also specify the

iv)

Create a Formula for Calculating

setting up of the Register of TDR

“Development Rights Values” or

and the formula for calculating

“Credits” in these areas. The

development right credits that can

simplest

be purchased and transferred.

way

development

of

assigning

rights from the vi)

sending area to the receiving

Establish administrative procedures

area would be to make them

and setting up a TDR Register.

equal in terms of number of units

Administration

or floor space of the same type

requires

of

permission

development.

However,

of

TDR

systems

different

planning

procedures

where there is a difference in

conventional

the market values per unit of

should be prepared to address the

development

recording of development right

between

both 3-53

zoning.

The

than LPA


D R A F T

F I N A L

R E P O R T

credits, tracking of credits, and other tasks associated with TDR. A Register of TDR has to be set up. Figure 3 (D) – Shows diagrammatically the flow chart of the process -Figure 3 (D): IMPLEMENTATION PROCESS IN THE TRANSFER OF DEVELOPMENT RIGHTS

Draft Rules under the Act 172 Identify “Sending areas” and “Receiving Areas” in the Structure Plan and Local Plan

Set up Administrative procedures and set up Transfer of Development Rights Register

Carry out Real Estate Market Analysis (REMA)

Planning Application for development

Determine the Base development rights

Create Formula for calculating Development Rights Values or Credits in the area

Process Planning Application accordingly

alteration of a local plan effects a

3.3.8.2 Development Charges (DC) of

change of use, density, or floor area in

Development Charges (DC) can be a

respect of any land so as to enhance the

valuable tool for achieving ISUG. The

value of the land.”

Similarly

the

imposition

TCPA 1976 requires the LPA to levy a DC on any new development carried

The DC is to be collected from the

out “where a local plan or an

developer by the LPA upon approval of

3-54


D R A F T

F I N A L

R E P O R T

the planning permission for the new

very powerful instrument to steer new

development. It is not stated in the

development in ways that it considered

Malaysian act what the purpose of

preferable in terms of location, type of

the DC is, but similar charges are

development, type of land use, density

imposed in UK and the US (where they

and floor area.

are

called

Development

Cost

Charges), the purpose of which is to

Together with other mechanisms, like the

recover

Sequential

the

growth-related

costs

Approach,

Transfer

of

capital

Development Rights, and other fiscal

infrastructure, such as roads, sewer,

and tax incentives, local governments

water, drainage and parks, needed

can

to service the new development. The

encourage development in accordance

rates of charges are dependent on

to the policies and proposals of state

the

and

structure plan and its local plan, such as

municipalities in the US have been

to encourage infill development, town

able to vary the rates based on the

center development, development on

location and the density and scale of

brown field sites, and development with

the

so,

more open spaces, or to discourage out-

development is encouraged in areas

of-town development, development on

where infrastructure costs are low,

green field sites, leap frog development

such as in-fill development, or where

and sprawl development.

associated

with

costs

of

the

infrastructure,

development.

By

doing

use

DCs

to

discourage

or

per unit cost is low, such as higher density

development,

which

Benefits:

are

i.

similar to the type and location of

The imposition of DCs benefits LPAs

development recommended in Smart

not only by increasing their income to

Growth.

defray the costs of provision and maintenance

of

public

facilities,

Under the TCPA 1976 , however, the

services and utilities, but also by

rates of the DC or the method of

helping to achieve ISUG goals via the

calculating

promotion of development of areas

the

amount

of

DC

payable has to be prescribed by rules

preferred

made by the State Authority under

development, and by discouraging

the Act.

development in areas intended for

The determination by the

LPA of the amount of DC is not

conservation

subject to appeal or review in any

restriction. ii.

court. Hence by imposing different rates

of

DCs

on

for

or

higher

other

intensity

form

of

It also steers development to areas where infrastructure costs are low,

different

development, LPAs can use this as a 3-55


D R A F T

and iii.

away

from

F I N A L

regularized

development

use,

location,

where they are high.

accessibility, availability of facilities

DCs also allow LPAs to consider

and

higher intensity development in

potential “Base Land / Building Use,

urban

Density

centres,

which

are

infrastructures, and

Plot

and

on

Ratios”

the

under

necessary to support mass transit

existing development plans, planning

development in accordance to

guidelines or planning permission.

the

These values are valuable in the

Compact

City

and

TOD

determination of the rates of DCs.

policies. iv.

R E P O R T

In this way also, LPAs’ annual iii. Create the formula and rate for

income in the form of assessment

calculating DCs. The formula and

can increase.

rate

for

determining

DCs

on

Implementation of DCs:

applications for new development

The steps to be taken should include:

have to be devised based on the land

i.

Determine

the

“Base

Land

valuation

and

on

ISUG

objectives.

/

Building Use, Density and Plot Ratio Entitlement” of various locations

iv. Draft and Prescribe the Development

within the Urban Growth Areas in

Charge Rules by State Authority. The

the development plan, structure

TCPA requires that Planning Rules for

plan, local plan and planning

DCs be prescribed by the State

guidelines.

/

Authority under section 35 of the Act,

Building Use, Density and Plot

before the LPA can collect DCs.

Ratio Entitlement” of an area is the

Among other matters, the Rules have

existing land or building use, and

to prescribe the formula, rate and

the maximum density and plot

method for the determination of DCs,

ratio that a development of the

and the exemption, if any, of any

area will be required to comply

persons or class of persons, or any

with, before any changes in the

development

or

new development plan.

category

development

The

“Base

Land

of

class,

type

or

from

liability to the development charge, ii.

Carry

out

a

Land

and

Valuation

the

conditions

of

such

exemption.

Exercise for the Urban Growth Areas, to determine the “Base various

v. Establish an administrative system of

locations. The “Base Land Values”

imposing DCs by LPAs. To expedite

are assessed based on existing

the determination, imposition and

Land

Values”

of

the

3-56


D R A F T

F I N A L

R E P O R T

collection of DCs, LPAs should

depend

on

the

availability

of

public

establish an administrative system

transportation that is integrated and multi-

and procedure that is easy to

modal. Private sector investments in city areas

follow and clearly understood by

depend to a large extent on National and State

everybody that may be involved,

Government support.

especially in the amount of DCs The National and State Governments, together

chargeable.

with local governments can undertake the The imposition of a DC, under the TCPA,

following steps in order to encourage growth

can only be carried out by the LPA

within existing urban areas, and in particular city

when:

centres. In so doing, the existing infrastructures

there is an application made for

can be optimized, new retail areas can be

planning

developed within existing urban areas to reduce

permission

for

a

new

development by a developer,

infrastructure costs, create new employment

the local plan of the area in which

opportunities and enhance the quality of life of

the new development is located

urban communities.

has been in force, • •

the DC Rules have been made by

The Federal and State Governments should also

the State Authority,

be supporting environmental brownfield as well

where there is a change in the land

as non-productive government lands reuse

or building use, density and floor

activities by:

area in the new development, and •

i.

where the developer or the type or class

of

development

is

Seeking a stable, long-term source of funding for state actions to address

not

priority areas;

exempted from DC under the DC Rules. ii.

Targeting remaining brownfield Initiative funds to support redevelopment’

3.3.9. Government Fiscal Incentives National and State Governments must lend

iii. Continuing to make available state-

support to the ISUG Approach if the goals

funded grant and loan programs that

and objectives of sustainable urban planning,

assist

development and management are to be

meeting their redevelopment needs;

achieved.

local

units

of

government

in

Capital Investments in public

transportation infrastructure are heavy but

iv. Creating a private-sector financing pool

absolutely vital if urban containment is to be

to attract banks and corporate capital

realized.

as well as leverage government funds for

Much of the above mentioned

mechanisms of the ISUG approach greatly 3-57


D R A F T

the

purpose

of

F I N A L

encourage the adaptive reuse of historic

redeveloping

and existing buildings;

brownfields and state lands for public purposes; v. Examining

current

environmental

clean-up procedures to identify areas where decisions can be expedited and the process simplified; vi. Encouraging the inclusion of a historic review of brownfield properties at the time

the

environmental

review

is

undertaken and providing incentives for the rehabilitation of buildings on brownfield sites. d.

Encouraging renovation and reuse of existing buildings through: i.

Development and delivery of an education program on the use of Rehabilitation

Code

for

Existing

Buildings; ii.

Development and implementation of a training program, for local building officials

on

application

of

the

appropriate

the

Rehabilitation

Code for Existing Buildings; iii. Enacting legislation to reform laws that

allow

responsibility

owners for

to

avoid

abandonment

of

buildings; iv. Development incentives

of that

policies

and

promote

and

R E P O R T

3-58


D R A F T

4.1

F I N A L

R E P O R T

It is to be remembered that the work so far has

INTRODUCTION

only

studied

and

introduced

possible

This chapter examines how the Integrated

approaches,

strategies,

Sustainable Urban Growth Approach can be

mechanisms

that

incorporated into the existing system of

weaknesses in, and to improve, the present

planning and urban development in the

system

country, from the national to the local level.

management

It will examine the incorporation of the ISUG

development in the country. Further studies and

Approach in the planning system under the

research will definitely have to be carried out to

following processes:

work out and establish in detail each of the ISUG

and

process of

techniques

can in

overcome the

urban

and the

planning

and

growth

and

strategies before it is to be satisfactorily and i.

Development Planning Process,

ii.

Development

Control

and

appropriately adopted and adapted in the various

Land

Implementation,

Monitoring

planning

and

management

processes. These further studies are pointed out

Management Process, and iii. Plan

urban

in Chapter 5.

and

Enforcement 4.2

It will also recommend ISUG mechanisms that can overcome the weaknesses in the present

INCORPORATION OF ISUG APPROACH INTO THE DEVELOPMENT PLANNING PROCESS

urban planning and management process The ISUG strategies can be incorporated into the

identified in Volume I.

policies, 4-1

goals,

objectives,

strategies

and


D R A F T

F I N A L

R E P O R T

proposals of the development plans, and the

indicate

techniques

boundaries of the proposals.

and

mechanisms

can

be

specifically

the

site

adopted in the preparation of development plans to address the issues and weaknesses of 4.2.1.1 The Five Year Malaysia Plans

the present system. 4.2.1

ISUG

Strategies

incorporated

be

The Five Year Malaysia Plans do not

Development

specifically focus on urban growth and

that

into

can

development.

Policies and Plans

contain

Nevertheless, they do

strategies

and

policies

to

The development policies and plans

overcome some of the re-currant issues

formulated, prepared and adopted

of urban development, such as urban

at the national, state and local levels

flash floods and public transportation. As

include:

indicated in the Ninth Malaysia Plan

a) the National Urbanization Policy,

(2006-2010), the expenditure on public

b) the National Physical Plan,

transportation is towards a seamless and

c) the Five Year Malaysia Plans,

integrated public transportation system.

d) the State Structure Plans,

However, it would seem that once

e) the Local Plans,

again, the 9th Malaysia Plan has also included

The

ISUG

considered

strategies for

the

emphasis

on

road

/

can

be

highway networks and has not really

incorporated

into

connected the public transport system

these plans and policies either as

with urban development patterns.

i.

general policy statements (GPS),

Therefore it is suggested that in future

i.e. written general statements,

Five year development plans, greater

with or without diagrams;

emphasis is placed on the integration of

location specific proposals (LSP),

public

i.e. written statements, with or

development. It is suggested that future

without

that

5 year development plans also refer to

specify the general locations or

ISUG Approach by including strategic

area of the proposals without

statements such as follows:

ii.

map

indicating

diagrams,

specific

transport

with

land

use

site

boundaries;

“ encouraging the development of an

iii. site specific proposals (SSP), i.e.

integrated, safe and efficient public

written statements with diagrams

transport system in all urban areas and

on a cadastral based map that

establishing transport nodes or hubs where urban land use development can

4-2


D R A F T

F I N A L

R E P O R T

be concentrated upon to provide a maximum

range

communities

of

in

including

urban

the

comfortable,

services

and

in the National Physical Plan

centres,

provision

safe

Table 4.1 - Incorporation of the ISUG Approach

to of

Existing NPP Provision

disabled

NPP 2 The planning of urban-based economic activities shall adopt the concept of ‘Selective Concentration’ for strategic urban centres for all states. NPP 12 The individuality and physical separation of the cities, towns and villages within the conurbations shall be maintained.

friendly pedestrian accessibility.” 4.2.1.2 The National Physical Plan As the National Physical Plan (NPP) provides the framework for national, regional, state and local planning, as well

as

transcribe

the

5

year

Economic Development Plans into a spatial and physical form, it would be the best policy document to include the

ISUG

Approach

within

its

strategies. Once the ISUG Approach is incorporated, then all regional, structure

and

local

plans

Recommended ISUG Incorporation NPP 2 The planning of urban based economic activities shall adopt the Integrated Sustainable Urban Growth Approach for all states.

NPP 12 The physical separation of cities and towns within conurbations shall be maintained through the adoption and implementation of the ISUG Approach.

shall

conform with the strategy at all levels. 4.2.1.3 The National Urbanization Policy As the NPP provides spatial strategies on an overall basis for the whole

The NUP is to provide a basic framework

peninsular,

planning

for all development plans (The National

proposals are stated as general policy

Physical Plan, Five Year Plans, Structure

statements. However there are some

Plans

proposals

governance in Malaysia.

most

which

of

the

are

locational

and

Local

Plans)

and

urban

The Policy

specific, like the hierarchy of growth

emphasizes six (6) main thrusts that

centres, while some can be site

outline strategies for the creation of a

specific, such as the boundaries for

township that is safe, systematic, modern

significant Green Reserves, including

and attractive. There are altogether 30

Forest Reserves, Catchment Areas, Hill

policies covering various

Lands, existing and potential National

planning,

development

and State Parks

management

of

country. The ISUG Approach can be incorporated in the strategies as shown in the table below:

4-3

aspects

townships

of

and in

the


D R A F T

The

NUP

contains

written

F I N A L

R E P O R T

The

policy

ISUG

mechanism

of

Integrated

statements and the proposals in the

Planning Management (IPM) should be

NUP are mainly general in form,

adopted in the NUP to ensure more

outlining the long term proposals for

efficient

urban growth and development in

development, integrating urban growth

the country. The general proposals

and transport and utility infrastructure

are to be worked out in more details

development, and environmental and

and in spatial formats in the National

social concerns with economic growth.

and

comprehensive

urban

Physical Plan, Structure Plans and The policies of Sequential Approach,

Local Plans.

brownfield development, town centre However certain important spatial

development and revitalization should

ISUG proposals should be clearly spelt

be adopted in the NUP to prioritize and

out even in the NUP. Such ISUG

schedule urban development in order to

proposals include the Urban Growth

prevent

Boundaries

Growth

development, urban sprawl, inefficient

Areas (UGAs) and Green Reserve

urban growth, and property overhang as

Boundaries

the country develops.

(UGBs), (GRBs)

Urban such

as

Prime

the

ills

of

leap-frog

Agriculture Areas (PAAs), Agriculture Land Reserves (ALRs), Forest Reserves

The

(FRs), National and State Parks, and

incorporated in the NUP to meet up with

Environmentally

Areas

each of the NUP Trusts. The table below

(ESAs), which will put limits to the

outlines which ISUG strategy can be used

extent of future urban growth, give

to achieve each of the thrusts of the

priority to urban growth areas and

NUP.

Sensitive

preserve

non-renewable

Green

Reserves,

in

ensure

order

to

sustainability of development. Other

ISUG

development

strategies that

on should

urban be

incorporated in the NUP are the New Urbanism

strategies,

Oriented

Development

i.e. (TOD)

Transit and

Compact City Development (CDD), which can be spelt out as locational specific proposals.

4-4

ISUG

Approach

can

also

be


D R A F T

F I N A L

R E P O R T

Table 4.2 : The Relevant Strategies of the ISUG Approach to achieve the NUP Thrusts NUP thrusts

ISUG strategies to achieve the thrusts

Thrust 1: An Efficient and Sustainable Urban Development

a. Urban Growth Boundaries and Green Reserves b. Transit Oriented Development and Compact City Development c. Sequential Approach, Brownfield Development, Town Centre Development and Revitalization d. Integrated Planning Management Approach e. Community Participation and Support for Livable Communities f. Development Charges and Transfer of Development Rights

Thrust 2: Development of an urban economy that is resilient, dynamic and competitive;

a. b. c. d.

Thrust 3: An Integrated and Efficient Public Transport System;

a. Integrated Planning Management b. Transit Oriented Development and Compact City Development c. Sequential Approach d. Development Charges and Transfer of Development Rights

Thrust 4: Provision of Urban Services, Infrastructure and Utility of Quality

a. b. c. d. e.

Thrust 5: Creation of a conducive liveable Urban Environment with Identity

a. Urban Growth Boundaries and Green Reserves b. Transit Oriented Development and Compact City Development c. Sequential Approach for town centre development and revitalization d. Form-Based and Design-Based Control Guidelines and Planned Unit Development Guidelines e. Community Participation and Support in the Development Process and for Liveable City

Thrust 6: Effective Urban Governance

a. Integrated Planning Management Approach b. Community Participation and Support in the Development Process c. Incentive-Based and Performance-Based Control Guidelines, Licensing Control d. Development Charges and Transfer of Development Rights

Development Charges and Transfer of Development Rights Integrated Planning Management Approach Incentive-Based Control Guidelines Government Fiscal Incentives

Integrated Planning Management Urban Growth Boundaries Sequential Approach Development Charges and Transfer of Development Rights Transit Oriented Development and Compact City Development f. Government Fiscal Incentives g. Incentive-Based Control Guidelines

4-5


D R A F T

F I N A L

R E P O R T

As an example of the incorporation of ISUG

the mechanisms of the ISUG approach. These

strategies and proposals into the NUP, it is

suggestions are outlined in Table 4.3 below.

suggested that the policies relating to city centre development in the NUP be more specific so as to relate and coordinate with Table 4.3 : NUP City Centre Policies and the ISUG Strategies No 1

Policy NUP 5

Statement Optimal and balanced landuse planning shall be given emphasis in urban development: Measures i. Ensure development is concentrated within urban growth limit so as to create a compact city; the implementation of the Urban Growth Boundaries, and the Sequential Approach shall be encouraged; ii

2

NUP 6

3

NUP 15

Promote housing development within the urban centre or near to activity centres with access to good amenities and transportation; Create livable neighbourhoods through the implementation of New Urbanism, Transport Oriented Development and the development of Compact Cities.

Urban Development shall give priority to urban renewal within the urban area: Measures: i. Implement infill development at potential areas; ii. Identify and prepare an inventory of brownfield areas; iii. Plan and prepare the re-development programmes for brownfield areas; iv. Promote urban regeneration for areas potential for development; v. Rehabilitate polluted areas prior to development; vi. Establish an agency responsible for planning and managing urban renewal; vii. Encourage private sector involvement through the provision of incentives and joint venture programmes with the government. viii. Implement the Sequential Approach to development; ix. Offer greater accessibility for communities through the transport demand management;

An integrated, efficient and user-friendly public transportation system shall be developed. Measures: i. Prepare a public transportation master plan at all levels of urban centres; adopt and implement the TOD and the Transport Demand Management in all city areas; Ii Integrate public transportation system in landuse planning by implementing the concept of Transit Oriented Development (TOD); Use the compact city approach in transport planning and land use integration. ** Additional input of the measures in Italics.

4-6


D R A F T

4.2.1.4

F I N A L

R E P O R T

In the preparation of the Structure Plan

State Structure Plans

Report of Survey and in the formulation The ISUG approach can be easily

of proposals and strategies for the

incorporated into the Structure Plan of

Structure Plan, the use of the ISUG

every State.

Database Management and Decision

aspects

of

As the ISUG covers all urban

Support System (DMDSS), incorporating

development,

including the environment, agriculture

Strategic

Environmental

areas, economics and community

(SEA) can ensure better, more confident

participation, the mechanisms within it

and more transparent decision-making.

can be easily adopted as action

The

oriented strategies.

participation can be more effectively

requirement

incorporated

by

for

Assessment

community

adopting

the

ISUG

The Structure Plan consists of written

Community Participation and Support

statements, accompanied by map

approach to ensure that the proposals

diagrams, stating the state’s land use

will be more readily accepted and

and

supported by all stake holders.

development

policies

and

proposals. Although most proposals are general in nature, some policies

The following tables provide examples of

for future growth need to be specific,

how the ISUG can be incorporated into

i.e. clear boundaries are to be or can

the present Structure Plans of Penang

be shown on the proposals map. Such

and Negri Sembilan States:

policies and proposals include the Urban

Growth

Areas

and

Green

Reserves, including Nature Reserves, Prime

Agriculture

Reserves,

Hill

Areas,

Forest

Lands

and

Environmentally Sensitive Areas. Other strategies can be locational specific, such as sites for Transport Oriented Development

and

Compact

City

Development, while other strategies are in the form of general statements and policies, such as adopting the Sequential

Approach

in

the

prioritization of development.

4-7


D R A F T

Table 4.4:

F I N A L

R E P O R T

Penang State Structure Plan – Incorporation of the ISUG Approach into the Sectoral Policies and Strategies.

Item 1

Statement in Plan and Reference Page xvi – Sectoral Policy: DS 19 Giving priority to comprehensive infill development in the main towns and other main centres. Suggested Incorporation Giving priority to comprehensive infill development in the main towns and other main centres, and adopting the Integrated Sustainable Urban Growth Approach in encouraging city revitalization, transit oriented development and compact form of city developments.

2

Page 2-28 – Directions of Growth – 2.5.9 (i) Towards More Sustainable Land Use: “……It is estimated that there are 4,500 hectares of land within existing town centres that has the potential for development. Therefore, any applications for planning permission shall only be considered for priority development areas that have been identified….” Suggested Incorporation Towards More Sustainable Land Use: “……It is estimated that there are 4,500 hectares of land within existing town centres that has the potential for development. Therefore, any applications for planning permission shall be based on the Integrated Sustainable Urban Growth Approach Objectives and Strategies that include transit oriented developments, compact cities, revitalization of existing town centres, sequential approach and brownfield developments”

3

Page 3-3, Land Use Strategic Plan – 3.3.1 Priority Development Areas “…..are already built up areas. For these areas, the objectives are to optimize land use and existing infrastructure….” Suggested Incorporation Priority Development Areas “…..are already built up areas. For these areas, the objectives are to optimize land use and existing infrastructure and to achieve the objectives of a sustainable urban growth through the comprehensive ISUG Approach ”

4

Page 4-10, Policy DSU7 – The development of Land until 2020 shall optimize priority development areas as well as new areas to be identified. Suggested Incorporation The development of Land until 2020 shall optimize priority development areas as well as

4-8


D R A F T

F I N A L

R E P O R T

new areas to be identified. However, the ISUG Approach shall be adopted in order that the Urban Growth Boundaries as well as Green Reserves be in place, to achieve balance and sustainability in urban growth. Policy DSU7 – L2 Encourage integrated infill development, urban renewal, redevelopment and adaptive reuse in town centres, dilapidated areas, abandoned areas, unproductive areas, and areas outside of heritage zones. Suggested Incorporation Encourage integrated infill development, urban renewal, redevelopment and adaptive reuse in town centres, dilapidated areas, abandoned areas, unproductive areas, and areas outside of heritage zones, and revitalize the city by attracting new investments in terms of housing and commercial developments. Policy DSU7 L3 Encourage high density developments on the island especially in areas along transport (monorail) routes …..” Suggested Incorporation Encourage high density developments on the island especially in areas along transport (monorail) routes and incorporating a comprehensive integrated public transport programme through the Transit Oriented Development and Compact City Development strategies. Policy DSU7 L4 Giving emphasis and priority of development into built up areas through the Sequential Approach, as follows: •

Giving priority to development in areas of Rank 1 with focus on existing built up areas that have public transportation and infrastructure facilities;

Giving priority to Rank II built up areas and new areas that have transportation and infrastructure facilities …..”

Suggested Incorporation Giving emphasis and priority of development into built up areas through the ISUG Approach, as follows: •

implementing the Sequential Approach to development applications by giving priority to development in areas of Rank 1 with focus on existing built up areas that have public transportation and infrastructure facilities;

Giving priority to Rank II built up areas and new areas that have transportation and infrastructure facilities …..”

4-9


D R A F T

F I N A L

R E P O R T

Policy DSU7 L6 “Encourage high density infill development along the monorail transport routes……” Suggested Incorporation “Encourage high density mixed use infill development along the monorail transport routes so as to create the compact walkable city” Policy DSU7 L7 Land use planning shall be integrated with traffic planning, planning for public transportation and social planning. Suggested Incorporation Land use planning shall be integrated with traffic plannin , planning for public transportation and social planning, as well as meeting economic and environmental needs through the adoption of the ISUG approach. 5

PAGE 4-51, DS 18Commercial floor space shall be identified based on the hierarchy of centres; Suggested Incorporation Commercial floor space shall be identified based on the hierarchy of centres. The incorporation of other mixed uses such as residential and institutional use within the centres shall be further encouraged. DS1 8 L2 Targetted commercial floor space needs by 2020 in identified centres of hierarchy (followed by a table on the allocation by hierarchy of centres) Suggested Incorporation Targetted commercial floor space needs by 2020 in identified centres of hierarchy shall be supported by programmes by the State and Local Authority in attracting further investments into the centres. Page 4-51, DS1 9 Giving priority to infill development in main town centres and other identified centres; Suggested Incorporation Giving priority to infill development in main town centres and other identified centres and implanting the ISUG approach towards a comprehensive urban revitalization and compact city development programme. DS1 9 L1 Giving priority to infill development in main town centres and other identified centres; Suggested Incorporation Giving priority to infill development in main town centres and other identified centres and

4-10


D R A F T

F I N A L

R E P O R T

implementing the comprehensive ISUG Approach towards urban development Page 4-52, DS1 9 L2 To offer commercial floor space based on demand to avoid over supply Suggested Incorporation To offer commercial floor space based on demand, to avoid

over supply and to

encouraged mixed use developments in all commercial buildings, particularly in the town centres. DS1 9 L3 To implement commercial development through infill Suggested Incorporation To implement commercial development through infill in order to achieve the objectives of the compact city and to make public transportation and transit oriented developments feasible. DS1 9 L4 Allowing and encouraging the change of use of buildings Suggested Incorporation Allowing and encouraging the change of use of buildings especially towards a more mixed and compact development.

4-11


D R A F T

Table 4.5 :

F I N A L

R E P O R T

Negri Sembilan State Structure Plan – Incorporation of the ISUG Approach into the Sectoral Policies and Strategies.

Item

Statement in Plan and Reference DRS NEGERI SEMBILAN 2001-2020

1

Page 4-2-4 – Policy: GT-DU2 The physical development of the State shall be guided within 4 categories: i.

Zones suitable for development;

ii.

Zones that can be developed with conditions

iii.

Zones unsuitable for development;

iv.

Zones prohibited from development.

Suggested Incorporation Page 4-2-4 – Policy: GT-DU2 The physical development of the State shall be guided by the use of the Integrated Sustainable Urban Growth (ISUG) Approach that specifies the following:

2

i.

Urban Containment Boundaries;

ii.

Green Reserves;

iii.

Transit Oriented Development (New Urbanism)

iv.

Brownfield Development and Urban Revitalization;

Page 4-2-5 – Policy : GT-DS5 Encourage “infill” development in town centres in areas that are not developed, and redevelopment of dilapidated areas in town centres. Suggested Incorporation Encourage “infill” development in town centres in areas that are not developed, and redevelopment of dilapidated areas in town centres,

and adopt the city revitalization

mechanisms of compact cities and mixed developments. 3

Page 4-2-14 – Policy : GT-DU5 The development of Town Centres shall concentrate on strategic growth nodes based on the clear hierarchy and function/theme of special centres. Suggested Incorporation The development of Town Centres shall concentrate on strategic growth nodes based on the clear hierarchy and function/theme of special centres. The mechanism of urban containment boundaries coupled with agriculture land reserves shall be imposed.

4

Page 4-2-18 – Policy : GT-DS13 Optimize urban landuse by ”infill” development and control the development of new

4-12


D R A F T

F I N A L

R E P O R T

centres. Suggested Incorporation Optimize urban landuse by ”infill” development by adopting the mechanisms of urban regeneration and compact cities, and control the development of new centres. 5

Page 4-4-7 – Policy : PD-DS2 Ensure the balanced distribution of floor space; additional floor space shall be encouraged within existing town centres. Suggested Incorporation Ensure the balanced distribution of floor space; additional floor space shall be encouraged within existing town centres by the strategic adoption and implementation of compact cities,brownfield and urban revitalization as well as encouraging investments into existing city centres.. Structure Plan of Seremban Municipal Council 1998-2020

1

Page 3.1-5 – Policy : KP 5 The development of town centre through “infill” shall be adapted with the surrounding developments. Suggested Incorporation The development of town centre through “infill” such as brownfield developments and city revitalization, shall be adapted with the surrounding developments. Page 3.5-5 – Policy : PN 4 The development of commercial complexes shall be encouraged to optimize the town centre land use.

2

Suggested Incorporation The development of commercial complexes shall be encouraged to optimize the town centre land use. State and Local Governments’ assistance in attracting private investments shall be formulated and implemented in tandem with an integrated planning management approach.

planning permission and development

4.2.1.5 Local Plans

projects in the local planning authority area.

The local plan, which has to conform to

the

of

the

and

the

Local Plan development proposals are

structure plan proposals, will apply

shown on cadastral type maps and are

and work out in detail the structure

more site specific. Hence the Urban

plan strategies. In particular it will

Growth Areas are to be worked out and

serve as the basis for all decisions on

clearly shown, as well as the various

national

general physical

intentions plan

4-13


D R A F T

F I N A L

R E P O R T

types of Green Reserves such as the

make the work easier, faster and more

Prime Agriculture Areas, Parks, Hill

effective.

lands,

Forest

Catchment

Reserves,

Areas,

Water

and

The ISUG Community Participation and

other

Environmentally Sensitive Areas and

Support

approach

will

provide

the

other non-development areas are

means to make the public and the

indicated in more detail, as well as

stake-holders share in the preparation of

the boundaries for existing and new

the local plan.

town centres and growth centres, the Transit Oriented Centres, Compact

Incorporating the ISUG strategies and

Cities, and Brown Field Development

mechanisms in Special Area Local Plans

Areas. The ISUG also encourages

will ensure that the proposals are more

mixed development in these centres,

action-orientated.

in order to make them more liveable. As the local plans for both Seremban Sequential

and George Town have yet to be

Approach to monitor and prioritize

finalized, there is still room for the

development will prevent inefficient

incorporation

urban growth and urban sprawl.

whereby the ISUG approach can be

The

adoption

of

the

of

detail

mechanisms

spelt out in further detail. The

adoption

of

more

flexible 4.2.1.6 Local Government Act 1971

development control methods, such as the Form-Based and Design-Based

The Local Government Act 1976 provides

Zoning,

Performance-Based and

for the administrative and management

Incentive-Based Control Guidelines,

powers and conduct of business of the

and the Planned Unit Development

local authority in managing its area.

approach,

Under this Act, the local authority has the

together

with

the

imposition of Development Charges,

power

and the control of development by

regulations (Part XIII, section 102) which

Transfer of Development Rights will

are to be confirmed by the State

make the Local plan more viable.

Authority (section 103).

In the preparation of Local Plans, the

Although

use

Database

establishment of local governments and

Management and Decision Support

the administrative powers, it is the Town

System

Strategic

and Country Planning Act 1976 (Act 172)

Environmental Assessment (SEA) will

that allows local governments to attract

of

the (DMDSS)

ISUG and

to

make

Act

171

by-laws,

rules

provides

for

more investments into the area. 4-14

and

the

This is


D R A F T

F I N A L

R E P O R T

done through the declaration by the

strata developments in city centres. With

local authority of a development

this Act, purchasers are assured of better

area under Part VIII, section 38 of the

and

Act.

buildings,

In such instances, the local

proper

management which

of

also

the

include

authority can form a Corporation for

maintenance.

purposes of developing the area, and

easily let off for failing to maintain and

thus undertake specific projects that

manage buildings under this new Act.

may attract more investments.

Developers will not be

4.2.1.9 The Uniform Building Bye Law 1984

4.2.1.7 National Agriculture Policy

For

purposes

of

encouraging

The National Agriculture Policy can be

developments

further

the

within city centres and especially where

and

brownfield developments are to be

Urban

implemented, the UBBL (as at July 2006)

strengthened

incorporation

of

mechanism

of

through

the

use

the

and

infill

redevelopment

Containment Boundaries (UCB’s) and

may need to be amended.

the

the

sections of the UBBL, namely section

All

32(1)(a) and (b) as well as section 33

class I agriculture lands should be

need to be amended to allow for the

designated

All

possibility of rebuilding in inner city

environmentally sensitive areas such

centres, especially for adaptive re-use

as

and

complimentary

use

of

Agriculture Land Reserve (ALR).

forest

as

ALR.

reserves

and

water

infill

developments.

The two

It

is

also

be

recommended that the UBBL be totally

classified as ALRs in which no urban

revamped and reviewed to allow for a

type developments shall take place.

more performance based criteria and

As exemplified in the case of George

design guidelines, rather than the current

Town and Seremban, the UCBs shall

prescriptive

limit the urban growth and together

conditions.

catchment

with

that

areas

the

can

ALR

also

will

further

and

inflexible

design

4.2.1.10 Local Government Act 1971

strengthen the strategy of limiting urban growth and encroachment into

The Local Government Act 1976 provides

prime agriculture areas.

for the administrative and management powers and conduct of business of the

4.2.1.8 The Building and Common Properties ( Management and Maintenance) Act 2007 (Act 663)

local authority in managing its area. Under this Act, the local authority has the power

This new Act is a positive move and can

be

an

encouragement

to

make

by-laws,

rules

and

regulations (Part XIII, section 102) which

to

provide for higher density, multi-storey

4-15


D R A F T

F I N A L

R E P O R T

are to be confirmed by the State

provide for higher density, multi-storey

Authority (section 103).

strata developments in city centres. With this Act, purchasers are assured of better

Although Act 171 provides for the

and

establishment of local governments

buildings,

and the administrative powers, it is the

maintenance.

Town and Country Planning Act 1976

easily let off for failing to maintain and

(Act

manage buildings under this new Act.

172)

governments

that to

allows attract

local

proper

management which

also

of

the

include

Developers will not be

more

investments into the area. This is done

4.3

through the declaration by the local authority of a development area under Part VIII, section 38 of the Act.

ISUG STRATEGIES AND TECHNIQUES TO ADDRESS THE WEAKNESSES IN THE PRESENT DEVELOPMENT PLANNING PROCESS.

The identified issues and weaknesses in the

In such instances, the local authority

present system and process of formulating

can form a Corporation for purposes

development

of developing the area, and thus

policies

and

preparing

development plans are shown in Table 4.6, as

undertake specific projects that may

well as the possible ISUG mechanism that can

attract more investments.

overcome weaknesses.

4.2.1.11 The Building and Common Properties ( Management and Maintenance) Act 2007 (Act 663) This new Act is a positive move and can

be

an

encouragement

to

Table 4.6:

i

ii

ISUG Strategies to address the issues and weaknesses in the Preparation of Development Plans Weaknesses in the ISUG Strategies present system The plan preparation process can be made faster and more The plan preparation efficient by adopting the ISUG Integrated Planning process is too long and Management (IPM) Approach, the ISUG Database costly. Management and Decision Support System (DMDSS), and the Community Participation and Support (CPS) mechanism. The ISUG Approach will also take into account macro and micro plans already prepared but only needs updating. Thus, adopting the approach will only need the strengthening of existing plans. The adoption of the ISUG DMDSS and its mechanisms provides The planning problems easier and more efficient compilation and analysis of data, and issues are not well more accurate identification of urban problems and issues, identified. and the formulation of more effective and responsive

4-16


D R A F T

iii

The public participation process is not effective.

iv.

Development plans are not responsive and effective

v

Development plans are not action oriented and time specific

vi

Development plans are too rigid or too vague.

vii

Planners and decisionmakers not responsible and accountable.

F I N A L

R E P O R T

proposals. The participation of stake-holders from the beginning of the plan preparation process by the CPS approach will also ensure that issues are identified in a holistic and in-depth manner. The ISUG IPM Approach ensures that urban issues and problems are looked at in a integrated and holistic manner. The ISUG CPS process will ensure more effective participation of the various stake-holders at all stages of plan preparation. The ISUG DMDSS and the adoption of an appropriate set of ISUG Indicators (ISUGI) will ensure that the proposals and strategies of development plans are more directly responsive to, and more effective in solving, the urban problems identified. The ISUG Development Control Guidelines (DCGs) are more flexible and allow developers to change their development proposals in response to social, economic and political changes. The Transfer of Development Rights (TDR) and Government Fiscal Incentives (GFI) also provide lee ways for developers to make their development more feasible. The ISUG Sequential Approach ensures that the development plans are more action-oriented and time specific, as it provides the time frame for development by various agencies, authorities and private sector. The Transit Oriented Development approach ensures that urban growth and the development of public transport and other infrastructures are timed together. The ISUG approach, with its many mechanisms allow for greater flexibility without sacrificing quality of development. The ISUG DCGs, like the Performance-Based and IncentiveBased Control Guidelines and the Planned Unit Development approach provide flexibility and encourage innovation in development by private developers. The Form-Based and Design-Based Control Guidelines, on the other hand, ensure that development achieve the expected vision. The ISUG DMDSS and ISUGI, with Strategic Environmental Assessment (SEA), Environmental Impact Assessment (EIA), Environmental Management System (EMS), Cost-Benefit Assessment (CBA), prepared according to ISUG requirements will ensure that planners and decision-makers are meticulous and transparent during the plan-making process and can be monitored and checked and made responsible and accountable. Under the ISUG approach all development agencies can be made accountable for the impact of development. The ISUG CPS system, where plan preparation can be

4-17


D R A F T

viii

No development impact analysis in the plan preparation process

ix

Lack of Coordination and Integration among agencies and

F I N A L

R E P O R T

monitored by the public and stake-holders, the planners will feel more responsible. The adoption of the ISUG DMDSS and ISUGI will ensure that thorough assessment of impacts, risks, costs and benefits of proposed development will be done before the development plan is approved. The ISUG IPM approach will ensure that the is adequate integration and coordination at all stages among the various agencies and departments involved in the planning process

departments in planning.

4.4

4.4.1

INCORPORATION OF ISUG INTO THE DEVELOPMENT CONTROL AND LAND MANAGEMENT PROCESS

ISUG Strategies and Mechanisms That Can be Incorporated in the Development Control and Land Management Process

This section will look into how the ISUG approach can help in to improve the

The adoption of the ISUG approach aims

process of control and regulation of

to improve the present system and

development

process of development control and the

and

land

matters,

management of land by ensuring that

including the following processes:

the applications for planning permission under the Town and Country planning

a. The planning permission process

act, the alteration of the categories of

under the TCPA b. Variation of conditions, restrictions

land use (normally called “conversion”),

and categories of land use under

alteration of conditions and restrictions of

the NLC.

land under the National land Code, the

c. Sub-division,

partitioning

sub-division,

and

partitioning of

land

and

amalgamation of land under the

amalgamation

under

the

NLC.

National land Code, the excision of Hill lands under the Land Conservation Act

d. Excision of Hill Lands and deReserves

and the “de-gazetting” of Forest reserve

under the Land Conservation Act

Lands under the Forestry Act, are made

and the Forestry Act.

and considered without unnecessary

gazetting

from

Forest

delays, in a transparent manner, and will bring benefit to affected parties without causing

undesirable

environmentally,

impacts

socially

and

economically, i.e. to ensure that the process

4-18

will

ensure

Sustainable


D R A F T

Development Growth.

and

This

be

R E P O R T

Smart

matters are based on reliable well-

achieved

understood information and are made in

achieve

can

F I N A L

a competent, transparent, responsible

through:

and accountable manner. i.

The ISUG approach of Integrated Planning

Management

can

v.

be

The Performance-Based and Incentive-

adopted to ensure that development

Based

proposals

Planned Unit Development Guidelines

are

planned

and

Control

holistic manner taking into account

development that can respond well to

social

changing

besides

economic

and

factors

and

the

allow

environmental

innovative

and

considered in a comprehensive and and

more

Guidelines

economic,

feasible

social

and

environmental situations, and enable the

political

authorities and the public to benefit from

benefits.

the development as well; ii.

The Sequential Approach should be used

to

phase

and

vi.

control

The

Form-Based

and

Design-Based

development and land conversion to

Zoning approach can help to achieve

prevent mismatch of demand and

better

supply, leap frog development and

environment.

urban

sprawl,

development

and in

to

areas

and

more

workable

urban

prioritize like

vii.

town

The imposition of Development Charges

centres and brown field sites, which

as required under the TCPA, and the

are more efficient and cost-effective.

adoption of Transfer of Development Rights and Government Fiscal Incentives

iii.

The consideration of objections from

will encourage the right development in

neighbours

the

consideration

is

required of

in

the

applications

right

Government’s

for

places,

achieve

urban

the

heritage

planning permission and rezoning. The

revitalization goals and the protection of

adoption of the ISUG Community

parks and other green areas.

Participation and Support Approach viii.

can make the process more effective

The requirement for the Development Proposal Report in the application for

and conducive to all stake-holders.

planning permission and land matters iv.

The ISUG Database Management and

according to ISUG guidelines will ensure

Decision Support System will go a long

that development proposals and their

way to ensure that recommendations

impacts and the mitigation measures are

and decisions on applications for

well thought out and will help better

planning permission and on land

decision-making and expedite approvals

4-19


D R A F T

4.4.2

F I N A L

ISUG Strategies and Mechanisms to address the weaknesses in the present Development Control and Land Management Process

R E P O R T

can

address

weaknesses

the

inherent

problems in

the

and

present

system and process of development control and management of land.

Table 4.7 below summarizes the way the ISUG strategies and mechanisms

Table 4.7:

ISUG Strategies to address the issues and weaknesses in the Development Control and Land Management Process

Weaknesses in the Present System

ISUG Strategies

i.

The planning permission process is unnecessary tedious and timeconsuming.

The ISUG Database Management and Decision Support System (DMDSS), when set up, will provide up-to-date data for clearer understanding and speed up decision-making in the approval process. The ISUG Indicators (ISUGI) and Criteria can give clearer and coordinated directions for technical officers from various departments checking the proposals in planning and land applications, and prevent unnecessary and conflicting comments.

ii.

Misinterpretation of Development Plan, Guidelines and Planning Law during development control and regulation

iii.

Approving authorities, officers and decision makers should be more responsible and accountable

iv.

The appeal process takes too long

v.

The Use of IT systems and internet is not adequately coordinated

The ISUG Development Control Guidelines (DCGs) provide clearer guidelines for development control. The guidelines translate more clearly the intentions and objectives of the national and state development policies and plans. The Development Proposal Report and the DMDSS together with clear DCGs ensure that recommendations and decisions on planning and land applications are transparent. They will clearly show whether recommendations and decisions are made in a responsible and accountable manner. In the ISUG approach, all agencies will have to be accountable as many of the mechanisms in the approach require the participation of the various agencies as well as the public. The adoption of the ISUG approach requires that all officers including those in charge of the appeal process are well trained and competent. The ISUG DMDSS requires the use of appropriate IT system and softwares and the internet. The DMDSS sets up a coordinated common computer-based format and system for data compilation, analysis, retrieval, up-dating, communicating and dissemination of information for planning that can be shred by all relevant departments and the public.

4-20


D R A F T

F I N A L

vi.

No adequate method to assess the impact of proposed development

vii.

Officers in the administration of land are not well versed with the NLC and the TCPA No legal provisions for land matters to conform to the development plans LPAs do not consider the demand and supply situation in approving development

viii.

ix.

x.

Quality and competency of agents are not adequately regulated

4.5

The ISUG DMSS incorporates Strategic Environmental Assessment (SEA), Environmental Impact Assessment (EIA), Cost-Benefit Assessment and Risks Assessment in the consideration of planning and land matter applications. The Development Proposal reports also contain the necessary EIAs in the applications, including Traffic Impacts and Social Impacts. More training required with the adoption of the ISUG approach, especially in lieu of the suggested amendments to several legislations; To amend the National Land Code so as to provide a link or reference with the development plans and strategies at national level. The ISUG Approach which incorporates the Sequential Approach will ensure the close monitoring of development. With the establishment of proper management units as well as the DMDSS and ISUGI, the ISUG will provide the mechanism for decision making, review and monitoring of demand and supply of development. More training required with the adoption of ISUG Approach, especially in lieu of the suggested amendments to several legislations and policies;

4.5.1 ISUG Strategies and Mechanisms that can be incorporated in the Plan Implementation, Monitoring and Enforcement Process.

INCORPORATION OF ISUG INTO THE PLAN IMPLEMENTATION, MONITORING AND ENFORCEMENT PROCESS

Some of the ISUG strategies and mechanisms can

help

to

ensure

that

plans

R E P O R T

i.

and

development

development proposals are implemented in approved.

Monitoring

of

on demand and supply of development projects is regularly done under the DMDSS

and other harmful environmental impacts are produced

during

construction,

be

supply situation. Adequate data analysis

the

development is important so that pollution not

implementation

monitored to ensure that there is no over-

accordance to what has been proposed and

The Sequential Approach requires that all

system.

and ii.

preventive measures are taken and all

The DMDSS system also incorporates an Environmental Management System (EMS)

conditions of approvals are complied with by

that requires the self-monitoring of the

the developer. Enforcement actions where

impact of the development at various

offences have been committed are also

stages of implementation and ensures that

crucial.

adequate remedial measures are taken to prevent harmful impacts and pollution. A

4-21


D R A F T

F I N A L

4.5.2 ISUG Strategies and Mechanisms to address the weaknesses in the Plan Implementation, Monitoring and Enforcement Process.

system in line with the ISO 14000 EMS can be adopted. iii.

The constant regulating and control of industrial, business and other activities

Table 4.8 below summarizes some of the

and use of buildings, and the control of

ISUG strategies and mechanisms that can

discharges by Licensing Control under

address the problems and weaknesses in

the Local Government Act and the

the

Environmental Quality Act will further

present

process

implementation,

help to ensure all development and use

of

monitoring

plan and

enforcement of development.

of land and buildings are sustainable. Table 4.8:

R E P O R T

ISUG Strategies to address the issues and weaknesses in the Plan Implementation, Monitoring and Enforcement Process

Weaknesses in the Present System

ISUG Strategies

i

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

The ISUG Integrated Planning Management Approach can effectively put in place the coordination and control in the implementation of development. The Sequential Approach can set the phase and schedule of development projects of various agencies and coordinate their schedule of implementation

ii

The local authorities and government agencies have to play a more active role in development

Many of the strategies in the ISUG Approach, such as Transit Oriented Development and Compact City Development, require that the government and local authority to play the key role in the planning and implementation of public transportation projects and other development projects which are of benefit to the people.

iii

Insufficient incentives given for developers to carry out development in more appropriate sites

The imposition of Development Charges, Transfer of Development Rights, Government Fiscal Incentives and the Incentive and Performance-Based Control Guidelines are all appropriate ISUG mechanisms which can encourage developers to carry out the right development in the right places.

iv

Enforcement actions under TCPA and the SDBA are slow and inadequate

The adoption of the ISUG approach necessitates the recruitment and training of competent staff, in particular planning inspectors, to carry out enforcement actions under the TCPA. The setting up of Municipal Courts should also be looked into.

4-22


D R A F T

4.6

F I N A L

THE RECOMMENDED APPROACH AND OVERCOMING WEAKNESSES IN THE MALAYSIAN PLANNING AND DEVELOPMENT SYSTEM

R E P O R T

ISUG approach can help overcome some of these issues and weaknesses. The table below summaries the issues and

Chapter 2 of this report outlined some

weaknesses

weaknesses in the land development system

brought

forth

and

how

ISUG

Approach may help overcome these:

of the country. Some of these issues will be relooked in this section and in particular, an evaluation will be made as to whether the Table 4.1 no

:

Issues and Weaknesses in the Malaysian Land Development System and the ISUG Approach to address these Issue ISUG Approach

I- The Preparation of Development Plans i Takes too long to prepare

The ISUG Approach will take into account macro and micro plans already prepared but only needs updating. Thus, adopting the approach will only need the strengthening of existing plans. ii Planning issues and problems not The adoption of the ISUG and its mechanisms requires well defined the specific identification of issues so as to choose which mechanism to adopt for implementation. iii Public participation process is not The ISUG requires public participation from the effective community and private sector for some of the mechanisms to work; iv. Development plans are not The ISUG approach is very flexible in that it has many responsive and effective mechanisms to allow for changes in urban trends and economic or political changes. v Development plans are not The ISUG approach is very action oriented as it has to action oriented and time specific be implemented by various agencies, authorities and private sector . By using the sequential approach, which is demand led, the time frame is specified. vi Development plans should not be The ISUG approach, with its many mechanisms allow too rigid nor too vague for great flexibility vii Planners and decision makers not In the ISUG approach, all agencies will have to be responsible and accountable accountable as many of the mechanisms in the approach require the participation and decision making by the agencies. ix No development impact analysis Due to the systemic nature of the mechanisms of the in the plan preparation process ISUG approach, the possible impact of each mechanism to be adopted is anticipated and included in the plan. II - Development Control and Land Management i. Planning process is tedious and The OSC remains to be tested for its effectiveness; time consuming ii Misinterpretation of Development The ISUG approach has to be marketed well and Plan, Guidelines and Planning courses and training on it be undertaken at all levels

4-23


D R A F T

iii

iv. v vi

vii

viii

Law during development control and regulation Approving authorities, officers and decision makers should be more responsible and accountable The appeal process takes too long The Use of IT systems and internet is not adequately coordinated No adequate method to assess the impact of proposed development Officers in the administration of land are not well versed with the NLC and the TCPA No legal provisions for land matters to conform to the development plans LPAs do not consider the demand and supply situation in approving development

F I N A L

R E P O R T

and all agencies; In the ISUG approach, all agencies will have to be accountable as many of the mechanisms in the approach require the participation and decision making by the agencies. Need for capacity building in all state JPBDs which act as the registrar of the State Planning Appeal Board. To monitor the ISUG implementation, the use of IT is pertinent. The ISUG approach has to be marketed well and courses and training on it be undertaken at all levels and all agencies; More training required especially in lieu of the suggested amendments to several legislations;

To amend the National Land Code so as to provide a link or reference with the development plans and strategies at national level. ix The ISUG Approach which incorporates the Sequential approach will allow for the close monitoring of the developments; with the establishment of proper management units as well as a data bank and indicators, the ISUG will provide the mechanism for decision making, review and monitoring. Quality and competency of More training required especially in lieu of the agents are not adequately suggested amendments to several legislations and regulated policies; III – Plan Implementation, Monitoring and Enforcement i There is no control and One of the mechanisms of the ISUG approach is coordination in the integrated management. Once this is implemented implementation of development effectively, the coordination and control should be in projects place. ii The local authorities and In the ISUG approach, all agencies will have to government agencies have to participate as many of the mechanisms in the play a more active role in approach require the participation and decision development making by various agencies. iii Insufficient incentives given for Government at state and local levels are required to developers to carry out offer financial incentives to attract investments development in more appropriate sites iv Enforcement actions under TCPA and the SDBA are slow and inadequate

4-24


D R A F T

5.1

F I N A L

R E P O R T

state and Federal levels, heads of departments,

INTRODUCTION

the business community and industry players as In

order

that

the

ISUG

Approach

be

well as community leaders, the media, rate

implemented in the most effective way,

payers and residents’ associations.

further works need to be undertaken. The first stage would be to market the idea of the

It is therefore recommended that the Federal

approach and to inform all involved in the

Department of Town and Country Planning

planning process, in policy and decision

undertake the effort, through the Ministry of

making the philosophy, the strategies and the

Housing

mechanisms of the ISUG approach. Whilst

this

is

being

undertaken,

is

better

and

and

Much like

Local

Plan),

the

department

must

undertake a similar effort in the publicity of the

more

Approach once it has been accepted by the

effectively implemented. 5.2

through

about the development plans (Structure Plan

tools that are needed in order that the be

Government,

the effort made in publicizing and informing

undertaken to formulate and detail out the can

Local

meetings, seminars and workshops. it

recommended that further research works be

approach

and

officers of the department at Federal, State and Local levels.

ROAD SHOW TO INFORM AND ADOPT THE ISUG APPROACH TO POLICY MAKERS AT ALL LEVELS

As such, the FDTCP has to make known the ISUG Approach to the following:

The ISUG Approach needs to be accepted and understood by all policy makers at local,

5-1


D R A F T

i. ii. iii. iv. v. vi. vii. viii. ix. x. xi.

F I N A L

R E P O R T

This approach will have to receive

National Planning and Physical Council State Planning Committee State JPBDs Local Planning Authorities – LPAs Department Of Land and Mines and Land Offices Government Technical Departments and Agencies Communities, Rate Payers, Residents, NGOs Professionals and Consultants Land Owners Developers Business community

not just endorsement by the National Physical Planning Council but also the Cabinet.

endorsed the approach, it shall be imperative for others to follow, as Cabinet Instructions are taken very seriously by all departments and agencies,

ii.

for

departments,

local

by all. Every agency has a role in the ensuring the effectiveness of the ISUG Approach, and not just the local

and community support for the

has

the to

outer

pure

and

to

make

resource

economics.

edge

increase

at federal, state and local levels.

company;

All political leaders must have the commitment

have

use

Providing

services to a development on the

fully

supported by the political masters

and

example,

just

ISUG

be

Utility companies, for

sustainability as their priority and not

Approach and its adoption in the Kingdom,

authorities. environmental

approach. Just like the Sequential

sincerity,

agencies,

of how the ISUG will be implemented

These are further

There has to be strong political

Approach

ministries,

be aware and have the knowledge

Strong political support

United

all

Coordination

authorities and utility providers must

and

discussed below: i.

and

agencies,

implementation, several criteria will have to be met.

other

Following the above, all ministries,

development and growth. However, adoption

any

utility providers

the

planning and managing of urban its

than

departments, local authorities and

The ISUG Approach will offer the most

before

Integration amongst

solution

more

committee or council decisions.

5.2.1 Criteria for Implementation

comprehensive

Once Cabinet has

of

the

urban incomes

however

areas will of the

the new

resources needed to supply a service

to

further out of the urban area will tax

achieve sustainable urban growth

on infinite resources.

and development, and not just pay lip service to the idea.

Departments and agencies have to all adopt the ISUG as their own policy

5-2


D R A F T

and strategy.

F I N A L

R E P O R T

to

The problems of

include

comments

and

of

suggestions from NGO’s, CBO’s and

and

other stakeholders. More often than

jurisdictions should be overcome

not, stakeholders participation is only

by the ISUG approach which is

to

cross

requirements by the government and

compartmentalization government

powers

department

and

cross

fulfill

agency in its objectives, strategies

not

and mechanisms.

positively.

used

there order

that

implemented

and

institutional

constructively

and

It is imperative also that

exists

private-public

sector

partnership for ISUG to be effectively

iii. Capacity Building In

legal

the

be

implemented and monitored. This is

there

so that the private sector, namely the

ISUG

effectively,

needs to be capacity building at

land

all

Local

understand fully well the philosophy

government levels especially in

and ultimate goals and objectives of

the form of monitoring. Capacity

the ISUG and not oppose to the

building shall be not just in the

imposition of restrictions on areas and

numbers of officers involved but

lands outside of designated zones for

also in the skill building, knowledge

development.

Federal,

State

development

and

and

owners

and

developers

data

management and upgrading. In

Once the ISUG approach has been

light of the One Stop Centre

adopted after extensive consultation

(OSC)

with political groups, stakeholders

approach

to

process the

that include the private sector and

ISUG can be implemented in

community groups, the dissemination

tandem with the OSC. When all

of knowledge on the ISUG must be

policies

continuously promoted. This can be

development

and

applications,

strategies

are

in

place and applications meet up

undertaken

through

newspaper

with the criteria and requirement

articles, magazines and other forms

of the ISUG, plan processing and

of media.

decision making shall definitely be 5.2.2 Mechanism for Implementation

faster. iv. Stakeholders

involvement

The ten principles of the ISUG can be

and

participation

easily

Community involvement must be

through growth controls, incentives, tax

supported by the willingness and

policies and design controls. Each of the

sincerity of government agencies

ten of the ISUG must work in tandem with

5-3

adopted

and

implemented


D R A F T

other related policies. work

without

another.

the

F I N A L

5.3.1

One cannot

application

R E P O R T

The Integrated Planning Management (IPM) Approach

of

This important approach looks into how

Each is inter-related with

one another. Each mechanism has

all

systemic

procedures that are involved in the

effect

and

impact

on

the

organizations,

development 5.3 FURTHER RESEARCH AND STUDIES

strategies

an integrated approach to the planning and management of the various social, economic and environmental sectors;

work out the working details of each

landuse and transport, housing and cost

of the strategies and mechanisms;

of living, work and recreation, risks, costs

test the suitability and effectiveness of

and benefits of development, short term

each strategy or mechanism on

and long term, present and future needs

different real-life situations,

and demands.

iii. work out how and where each of them can be adopted and

a. More research has to be carried to

implemented in the present urban

understand the what and how of

planning and management system,

“sustainable

organization and procedure, and

with the intention of Agenda 21,

organization, procedure or law,

more so now with the issues of climate change and global warming

and hence to derive a better, viable and

gaining more urgency in the eyes of

holistic urban planning and management achieve

the

to

approach for the country to be in line

alter any of the present system,

to

development�,

rethink and redefine its meaning and

iv. where necessary and appropriate,

approach

be

sustainable development, as this calls for

and

mechanisms in order to:

ii.

can

The IPM approach is a prerequisite for

studies have to be carried out on each of the ISUG

growth

more holistic, effective and efficient.

the ISUG Approach, further research and recommended

and

integrated to make the whole process

Before the adoption and implementation of

i.

and

planning and management of urban

another.

9

systems

the world, and to realign all efforts in

integrated

the planning and management of

sustainable urban development and growth

urban growth to really achieve this

of the country.

objective.

The studies which need to be carried out in

b. Further studies are needed to set up

the next stage include:

the detail procedures for Strategic Environmental

5-4

Assessment

(SEA),


D R A F T

F I N A L

R E P O R T

Environmental Impact Assessment

one part of the IPM approach. The

(EIA),

OSC coordinates the submission and

and

Environmental

Management System (EMS), and

processing

the

(ISUGI),

planning permissions, building plans

recommended as one of the ISUG

and earthworks plans under the local

mechanisms in the urban planning

authorities and for the alterations of

and

to

conditions, restrictions and category

help in the understanding of the

of land use under the National Land

relationships among the various

Code under the land office. The

planning

the

system and procedures now being

the

adopted still have much room for

ISUG

Indicators

management

sectors

process,

and

quantitative

analysis

impacts

each

of

in of

sector

of

applications

for

improvement.

on

another. d.

New approaches and methods for

management

development planning, such as the

(O & M) studies should be carried

Unitary Plan System and the Local

out to look into the integration,

Development

cooperation

coordination

being adopted and practiced in UK,

among the various government

should be looked into to determine

departments,

semi-government

whether they are improvements to

government-linked

the present system and whether they

c. Organization

and

and

agencies,

Framework

System

agencies,

can better achieve a more holistic,

organizations,

coordinated, effective, efficient and

and other organizations, and the

transparent system for sustainable

public, who are involved in one

urban

way or another in the planning

Amendments

and

Country

companies,

private

non-government

management

of

urban

growth

and to

development.

the

Planning

Town Act,

and Street,

growth and development and

Drainage and Building Act, Local

into the necessity for the he

Government

revamping of work procedures

Purchase Act and other related acts

and departmental organizations

may then be necessary.

to

reach

an

ideal

state

should

look

methods,

principles,

tools,

and

into

Compulsory

of 5.3.2

integration and coordination. The study

Act,

Urban Growth Boundaries (UGBs), Urban Growth

the

Areas

(UGAs)

and

Green

Reserves (GRs)

resources, institutional

arrangements for IPM. The One

Further studies on this strategy should be

Stop Centre (OSC) can be seen to

carried out to work out the precise

5-5


D R A F T

F I N A L

R E P O R T

format and method of incorporating

for all major cities in the country.

UGBs, UGAs and GRs in the future

shall

review

and

Urbanization

National

Physical

involve

just

the

physical

of

the

provision but also the long term planning

Policy,

the

and management, in line with the NPP

approved

and the NUP. Amongst the items to be

amendments

National

not

This

Plan,

researched on include:

structure plans and approved local i.

plans, and in the formulation of new

The Most suitable public transport system for every city , depending on the growth,

structure plans and local plans.

expected demand and uniqueness of land use characteristics;

The study or a pilot planning project, among other things, should look into:

ii.

Identification of Transit zones;

iii.

Identification of possible land use and incentives

I. the criteria for determining the land

to

encourage

compact

development within these zones;

components to be included in UGAs iv.

and GRs;

Intensity of land use including plot ratios and permissible densities:

II. whether the UGB and GR strategies should be incorporated as general policy

statements,

5.3.4

locational

Sequential Approach

specific proposals or site specific Much has to be undertaken before the

proposals in the various plans;

Sequential

III. the steps required to determine the UGBs,

UGAs

and

GRs

in

Approach

can

be

implemented in the cities and towns of

the

formulation of the plans, such as

Malaysia.

land availability assessment,

land

has to be carried out include the

viability

land

following:

assessment,

Amongst the research that

requirement assessment and land i.

prioritization and scheduling.

The identification of possible areas for the approach to be implemented,

5.3.3

Transit Oriented Development (TOD)

including

and

government lands;

Compact

City

Development ii.

(CCD) Further

research

involvement Transport,

of

The

will the

Ministry

need of

and

local

The zoning and development control guidelines such as the density and

the

Ministry

state

plot ratio allowable;

of iii.

Public

The preparation of more detailed

Enterprises, The EPU as well as the

local plans and that are prescriptive

Public Works Department, in order to

and performance based, with flexible

work out the long term strategy for an

development guidelines;

integrated public transportation plan

5-6


D R A F T

iv.

F I N A L

R E P O R T

The readiness of LPAs with data

community to interact; research

and information systems on the

on effectiveness of partnerships,

areas and lands within the city

mentor

centres that will be identified as

programmes. v.

priority areas for implementation

mentee

Research on use of technology for

of the Sequential Approach.

and

effective

community

participation. 5.3.5

Community Participation and Support 5.3.6

ISUG Database Management and

has

Decision Support System (ISUG-DMDSS)

become the norm in the preparation

Further studies are required to work out

of structure and local plans in the

the details for setting up the components

country, nevertheless, the support and

of the recommended ISUG-DMDSS, i.e.

Although

public

participation

i)

participation of the community has

the ISUG Database

been very very limited. There needs

Management System (ISUG-

to be the following for more effective

DMS) ii)

public participation and community

the ISUG Decision Support System (ISUG-DSS),

support: iii) i.

the ISUG Indicators (ISUGI), and

Research and surveys on the community’s

perception

government

iv)

of

the ISUG Cost Benefit Assessment (ISUG-CBA).

policies,

strategies, of employees, at all

ii.

iii.

iv.

levels and ways and means to

Much

has

been

overcome or leverage on the

Department

findings of these;

Planning (DTCP) at both federal and

of

done

Town

by

and

the

Country

of

state levels, various federal departments

facilitators and moderators at

and agencies, state governments, local

the public participation events

planning authorities, and other agencies

to

towards the establishment of database

Capacity

building

encourage

interaction,

communication,

ideas;

management

systems

and

decision

expression by the community;

support systems, as pointed out in section

Other ways and means of

3.3.6 of this report.

getting people at all levels

been compiled in the preparation of the

and ages to participate or

National Physical Plan, structure plans

provide views and opinions;

and local plans, and other plans and

The use of other forms of

projects,

media and other activities for

processing

5-7

and of

in

A lot of data has

the

planning

day-to-day applications,


D R A F T

F I N A L

R E P O R T

building plans, earthwork plans and in

proposed development will be needed.

the

The ISUG indicators should include:

preparation

of

development

Geotechnical

and

land

resources:

land

stability,

land

impact assessment reports and other

slide,

settlement,

reports.

flooding, land availability, land

proposal impact

reports, assessment

environmental reports,

traffic

soil

erosion,

suitability; •

Further studies need to be carried out

Ecological:

fauna

and

flora,

to see how the DTCP at both federal

natural biodiversity, forests and

and state levels can incorporate all

wetlands, rivers, marine resources; •

the present relevant computer data coordinate

and

maintain

production:

agriculture,

fishing, aquaculture;

systems of the various bodies and set up,

Food

the

Climate: Climate change, global

ISUG-DMDSS as mentioned in section

warming, carbon emission, green

3.3.6.

house

gases,

trees

and

vegetation; •

Common electronic formats for the entering,

compilation,

storage,

retrieval,

index, noise pollution

analysis, •

dissemination,

data

from

the

Water quality: water pollution, water quality index;

presentation, and up-dating of all relevant

Air quality: air pollution, air quality

various

Public utilities: supply, demand

departments and agencies are to be

and costs of water, electricity,

established.

sewerage,

telecommunication,

waste management services; •

The DTCP should also establish the

Economy

and

Income:

formats and manuals for the ISUG

employment, income, costs of

Strategic Environmental Assessments

living;

(SEA),

Environmental

Impact

Traffic

and

Transport:

traffic

Assessments (EIA), the Environmental

impact, public transport, cost of

Management System (EMS) and Cost-

traveling, •

Benefit Assessment for development

Housing and living environment:

planning, development control and

housing

demand

development management.

costs

of

housing,

neighbourhood assessment

of

supply, clean

environment,

safe, bicycle lanes, foot paths;

A complete set of ISUG Indicators for the

and

environmental

Community facilities and services:

impacts and for ISUG Cost-Benefit

facilities for recreation, schools,

Assessment and risk assessment of

no of teachers, health clinics and

5-8


D R A F T

F I N A L

R E P O R T

hospitals, no of doctors, police

local

stations,

development control guidelines, and see

no

of

policemen,

and

supplementary

shops;

how they can be adopted for various

Social: sense of place, sense

urban areas, such as new and old town

of

centres,

belonging,

sense

of

traditional

centres,

Cultural: traditional practices,

heritage conservation areas.

religious

The work should also look into the

facilities,

heritage,

Design design,

of

arts,

centres,

and

urban

formulation of the various components of

and

protection

transit

neighbourhood

community, sense of security;

spiritual pursuits; •

plans

the control guidelines, such as the

Aesthetic: vistas,

urban

regulating plan, public space standards,

public

realm

building form standards, environmental resource

design.

standards,

standards,

architectural

landscaping

standards,

of

signage standards, incentive criteria and

planning information to the public

performance criteria for guiding new

along the line of the JPBD Landuse

development.

The

electronic

dissemination

Planning Portal is envisaged, as well as 5.3.8

the setting up of permanent planning

Development Charges and Transfer of Development Rights

information centres and “operation rooms” in all departments and local planning

authorities

and

for

5.3.8.1 Development Charges

the

National Physical Planning Council It

and the State Planning Committees.

is

crucial

that

the

Rules

for

Development Charges be prepared and 5.3.7

Urban Form, Urban Design, Incentive-

adopted for all local planning authority

Based, Performance-Based, Licensing

areas, especially those that have local

Control and Other Control

plans, as required by the TCPA, if not

Approaches

already done so. The rules should specify the rates and method of calculation of

Further studies to look into the details

development charges. The steps to be

and

the

various

taken, as mentioned in section 3.3.8.2 of

development

control

this report, include:

suitability

alternative

of

i)

approaches should be carried out.

Determine the base land /

Pilot study projects can be carried out

building use, density and plot

to

ratio entitlement of various

incorporate

these

alternative

approaches in the preparation or

locations within the Urban Growth

review of local plans, special area

Areas,

5-9


D R A F T

ii)

F I N A L

R E P O R T

5.3.9

Carry out a Land Valuation

Government Fiscal Incentives

Exercise for the Urban Growth

iii) iv) v)

Areas, to determine the “Base

As outlined earlier, for ISUG to work there

Land Values” of the various

must

locations,

development and investments into city

Create the formula and rate

centres.

for calculating DCs,

incentives

Draft and Prescribe the

investments to locate within urban areas.

Development Charge Rules,

Thus far, government programmes such

Establish an administrative

as the Malaysia My Second Home

system of imposing DCs by

(MM2H)

LPAs.

encouraging expatriates to live in this

be

greater Thus, are

has

interest

in

government

vital

to

been

the fiscal

attract

successful

the

in

country. A majority have chosen to live in cities due to many factors such as

5.3.8.2 Transfer of Development Rights

excellent medical care, convenience of The further studies to be done should

services, entertainment, etc. However,

look

and

there are also those who have chosen to

of

live in more rural environment. However,

Development Rights in the plan area,

more incentives need to be formulated

which can be a pilot study area. The

and

steps to be taken to establish the

sustainable city, but also one with a

system in the plan area include:

good balance of population in terms of

i)

Identify the “Sending Areas” and

age and income levels.

the “Receiving Areas”,

are some examples of areas in which

Carry out a Real Estate Market

fiscal incentives need to be further

Analysis (REMA),

researched upon:

into

suitability

ii)

the of

requirement the

Transfer

given

to

achieve

not

just

a

The following

i. Incentives that will encourage the

iii) Determine the “Base Development Rights” of these

development of

more affordable

areas,

housing in the city especially within transit planning zones;

iv) Create a Formula for Calculating

ii. Incentives to encourage the setting up

“Development Rights Values” or

of more colleges and universities within

“Credits” in these areas,

the CBD and around transit nodes;

v) Drafting the Rules,

iii. Incentives that will encourage people

vi) Establish administrative procedures and setting up a TDR

to leave their private vehicles and use

Register

the public transportation systems;

5-10


D R A F T

F I N A L

iv. Incentives to encourage small and medium scale services to locate in the city; v. Incentives that will encourage more corporations to adopt and beautify the city’s gardens, public spaces, walkways, etc.

5-11

R E P O R T


D R A F T

F I N A L

R E P O R T

The Chapters contained herein has detailed

The Integrated Sustainable Urban Growth (ISUG)

out another alternate approach towards a

approach would be the best prescription for the

more

and

country. It is comprehensive, multi- sectoral and

No matter

multi-agency. If implemented effectively, much

what challenges and issues there are as a

of the urban issues we currently face, from

result of urbanization, it should not be limited

planning,

or stopped as growth must be continued and

management

encouraged. Cities as economic engines in

addressed. The effect and impact will be multi-

Malaysia should continue to grow but in a

dimensional and most importantly, the goal of

more manageable and sustainable manner.

Sustainability as we understand it now, will be

comprehensive

planning

management of urban growth.

achieved. As the nation faces many more untoward challenges such as climate change, the shortage of foods due in some parts to reduction in agriculture producing areas, plus the high energy costs globally, planners have to be more innovative in the approach towards

sustainable

planning

and

management as well as the monitoring of urban growth in the country.

6-1

development and

and

monitoring

execution may

be


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