Environmental and Planning Law (related to Landscape Architecture Fields)

Environmental and Planning Law



Introduction

WHAT IS LAW / REGULATIONS / GUIDELINES?

They are mechanism used by the government or the authorities to implement and authorise policies that are formulated for the purpose of developing the nation - physically, socially, economically and politically.

WHY ENVIRONMENTAL AND PLANNING LAW?

The landscape profession is directly involved with the natural resources management and is closely related to the planning profession.

There is presently no laws governing the landscape profession....

Definition of Planning

A CONTROL OVER THE DEVELOPMENT OF AN AREA ENCOMPASSES THE PHYSICAL PLANNING, THE LANDUSE AND ENVIRONMENT– FOR THE PEOPLE AND THEIR NEEDS

IT IS A CONTINUOUS PROCESS TO ACHIEVE THE COMMUNITY’S ASPIRATION; CONCLUDING IT THROUGH DISCUSSION, PROVISION OF POLICY AND GUIDELINES, ACTION BASED ON NEEDS, A CONTINUOUS STUDY ON THE EFFECT OF THE POLICY AND GUIDELINES USED; AND TRIALS WHEN IT IS NECESSSARY.

THE ART AND SCIENCE OF SITING OF BUILDINGS, LANDUSE TO ACHIEVE ECONOMIC BENEFITS, COMFORT AND AESTHETIC VALUE.


Definition of Act 172

AN ACT TO PROVIDE A COMPREHENSIVE CONTROL AND GUIDELINE FOR THE TOWN AND COUNTRY PLANNING IN A LOCAL AUTHORITY AREA (WITHIN PENINSULAR MALAYSIA)

IMPORTANT ASPECTS :

1) IDENTIFICATION OF MAIN AREAS TO BE DEVELOPED EITHER THROUGH REDEVELOPMENT OR UPGRADING OF EXISTING AREA (DEVT. PLANS)
2) PLANNING CONTROL–PLANNING PERMISSION,DEVELOPMENT CHARGES, T.P.O ETC
3) LAPORAN CADANGAN PEMBANGUNAN

Historical background of Act 172

The town planning activities in peninsular Malaysia existed since 1801 with the establishment of ‘Committee of Assessors’ in Georgetown, Pulau Pinang.

This is designed more towards the services of the local government and building control.

Various new regulations and guidelines were introduced especially for the public interest - these was to control and direct the physical development

The Town Planning was first gazette in the peninsular Malaysia in 1917 – ‘Town Improvement Enactment’. Under this enactment , individual owner has to share and be responsible in providing public services

Historical background of Act 172

- In 1923 and ‘Town Planning Enactment’ was introduced. The Town Board (Lembaga Bandaran) was given 2 authority :-
1. The authority to prepare a town plan for its territory (seksyen 135 )
2. The authority to gazette the town plan (section 145) ,

- After independence, there is a rapid social, physical and economic development taking place; the community is beginning to be aware of the importance of a healthy and planned environment.

- The town plan that is prepared under ‘Town Planning Enactment’ 1927 no longer fulfills the dynamic nature of planning (current and future) .

- In the late 1960’s, a study on the existing statutory system for town and country planning activities was carried out.

- As a result, Akta Perancangan Bandar & Desa 1976 (Akta 172) was gazette on 25 Mac 1976.

Background of Act 172

Town and Country Planning Act 1976 (Act 172)
Akta Perancangan Bandar dan Desa (Akta 172)

- Modeled closely on the British system of structure & local plan

- TCPA 1976 is the principle statute regulating matters related to town and country planning in the local authority area in the peninsular Malaysia (federal law)

- In general, main contents of TCPA 1976 are basis for statutory planning (development plans), development control (planning permissions)

- TCPA 1976 was amended three (3) times :
1) A866 - Perancang bandar Desa (Pindaan) Akta 1993
2) A933 - Perancang bandar Desa (Pindaan) Akta 1995
3) A1129 - Perancang bandar Desa (Pindaan) Akta 2001


Background of Act 172

PART I – PRELIMINARY
PART II – POLICY AND ADMINISTRATION
PART III – DEVELOPMENT PLANS
PART IV – PLANNING CONTROL
PART V – DEVELOPMENT CHARGE
PART VI – THE APPEAL BOARD
PART VII – PURCHASE NOTICE AND ACQUISITION OF LAND
PART VIII – DEVELOPMENT AREAS
PART IX – MISCELLANEOUS PROVISIONS

Importance of Act 172

1) Basis for statutory planning
• through the preparation of development plans (eg : Structure and Local Plans)

2) Basis for planning control
• Part IV Act 172 consist of several provisions that act as a Legal Basis to control the physical development (urban planning)
• The use of land or building must be “according to local plan” s.18(1)
• Planning permission must be obtained before any development can be carried out s.19(1)
• The development must be according to the planning permission s.20

3) Basis to regulate private and public planning
• Provision of development plans and planning permission procedure

Importance of Act 172 – statutory planning

Provision in PART III – Development Plan

- requirement for Local Authority to produce a development plan for their area
- some of the aspects indicated :-
1) Survey of planning area
2) Preparation of drafts
3) Publicity in connection with the drafts
4) Inquiries and hearings of the drafts – public participation


Importance of Act 172 – planning control

Planning Control – Planning Permission

(Kebenaran Merancang)

i) Seksyen 19(1) Akta Perancangan Bandar dan Desa, 1976 (Akta 172) - Keperluan Kebenaran Merancang;

ii) Seksyen 21A dan 21B Akta Perancangan Bandar dan Desa, 1976 (Akta 172) yang menghendaki sesuatu Permohonan Kebenaran Merancang disertakan dengan suatu Laporan Cadangan Pemajuan; dan

iii) Kaedah 2(1) Kaedah-Kaedah Pengawalan Perancangan (Am) 1995 -
Borang-borang yang digunapakai dalam mengemukakan Permohonan Kebenaran Merancang (selepas ini disebut KKPP(Am) 1995). Bagi projek-projek berjadual, ianya perlu dirujuk kepada Kerajaan Persekutuan khususnya Jabatan Perancangan Bandar dan Desa (Ibu Pejabat) untuk ulasan dan perakuan terlebih dahulu sebelum diberi kebenaran merancang.


Importance of Act 172 – regulate private& public planning

PUBLIC PLANNING

- carried out by the authorities – local authorities etc
- Concern with protecting the public interest
- E.g : provision of public spaces, utilities and facilities
- Non-profit oriented


PRIVATE PLANNING

- Carried out by the private sectors – developers
- concern with financial returns – developing what are in demand
- profit-oriented


HOW ?

- Act 172 requires the preparation of development plans to facilitate the physical development
- Of an area
- Act 172 requires planning permission, LCP etc
- The proposals are to follow the zoning and guidelines in the development plans

The amendments

A933 Town and Country Planning Act (Amendment) Act 1995
• broaden the content of Local plans and layout plans (A)
• introduction of Laporan Cadangan Pemajuan (B)
• tree preservation order

Additional Elements in the Local Plan (A)
• to protect and beautify the physical environment
• to conserve the natural topography
• to beautify the landscape
• to conserve and plant trees
• provision of sufficient open space
• to conserve and beautify the building façade and characteristic

Laporan Cadangan Pemajuan (B)
• requirement to include landscape plan
• requirement to include inventory on existing trees on site that are potentially affected by the development

Amendments A933 - LCP

Seksyen 21A(1) Akta 172 mensyaratkan iaitu LCP mesti mempunyai perkara-perkara berikut :

1) Konsep dan justifikasi pemajuan

2) Pelan lokasi, pelan kunci dan pelan tapak

3) Butir hakmilik tanah dan sekatan keatas tanah
• Perihak tanah, termasuklah alam sekitarnya dari segi fizikal topografinya, landskapnya, geologinya, konturnya, salirannya, air dan bentuk-bentuk semulajadi diatasnya yang berkemungkinan disentuh oleh pemajuan itu.
• Hasil tinjauan pokok-pokok dan semua jenis tumbuhan yang berkemungkinan disentuh oleh pemajuan itu
a. Butir-butir bangunan yang berkemungkinan disentuh oleh pemajuan itu
b. Analisis gunatanh dan kesannya terhadap tanah yang berdampingan

4) Apa-apa perkara lain yang ditetapkan oleh Pihak Berkuasa Perancang


Amendments A933 - LCP

What is LCP ?

1) Used by Local Planning Authority to assess planning application

2) Used by other authorities to assess the impact of the development

3) 5 types of LCP :
• LCP 1 – Ubah jenis kegunaan tanah
• LCP 2 – Pelan susunatur
• LCP 3 – Pendirian bangunan
• LCP 4 – Ubah jenis kegunaan bangunan
• LCP 5 – Pecah bahagian dan cantuman lot

Amendments A933 - LCP

PROCEDURE :

- prepared by qualified planner (MIP)
- Submitted to local authority, JBPD, PTD or PTG

5 Concept Integrated In The Process Of Decision Making :-

1) Site analysis
2) Kawasan sensitif alam sekitar
3) Enviromental Impact Assessment (EIA)
4) Traffic Impact Assessment (TIA)
5) Social Impact Assessment (SIA)


Amendments A933 – tree preservation order (bhg VA)

INTRODUCTION

Give the responsibility to the Local Planning Authority to conserve and protect trees in its locality s.35A gives the authority power to the local authority to give out a tree preservation order to control The felling of trees that is endangered or with special value

S.35H gives special protection for matured trees (diameter over 0.8 meter) . These trees are not to be felled unless given permission by the local authority. The authority can also give conditions that any trees cut/felled to be replant.

Amendments A933 – tree preservation order (bhg VA)

Sek. 35A :
PBPT boleh membuat suatu perintah pemeliharaan pokok. Sesiapa yg melanggar mana-mana peruntukan adalah melakukan kesalahan dan boleh didenda tidak lebih RM50,000/-


Sek. 35C :
Rayuan terhadap perintah pemeliharaan pokok boleh dibuat oleh mereka yg terkilan dengannya kepada Lembaga Rayuan dlm masa 1 bulan dari tarikh diberi perintah

Sek 35D :
Jika pemunya tanah mengalami kerugian berupa susut nilai tanah, dia boleh menuntut Pampasan dari PBPT dlm masa 6 bulan dari tarikh perintah itu. Jika ia tidak berpuashati, Dengan amaun pampasan, dlm masa 1 bulan ia boleh merayu ke Lembaga Rayuan

Sek. 3E :
Mereka yg bersalah di bawah Sek. 35A(4), adalah berkewajipan menggantikan pokok. Jika Tidak, ia boleh didenda tidak lebih RM50,000

Sek 35F :
PBPT boleh menggantikan pokok juka orang yg berkewajipan tidak melakukannya tetapi kesemua kos dan perbelanjaan perlu dibayar oleh orang berkenaan

Sek. 35G :
PBPT boleh meminda dan membatalkan suatu perintah pemeliharaan pokok atas sebab Sebab tertentu

Sek. 35H :
Larangan/tidak seorang boleh menebang pokok yang lilitannya melebihi 0.8 meter tanpa Kebenaran bertulis PBPT. Sesiapa yg melanggar boleh didenda tidak lebih RM5,000/- bagi sebatang pokok.


The tree preservation order (Bhg VA s.35A)

TREE PRESERVATION ORDER

List of trees to be preserved and protected are as in LIST 1 (below).

For standardisation, the list of species to be preserved and protected must be based on the Provided list and certified and given out by a technical committee (JLN, Institut Penyelidikan Perhutanan Malaysia, Jabatan Pertanian, Jabatan Perhutanan dan Jabatan Perancangan Bandar dan Wilayah).

The list will be forwarded to the State Planning Committee to be resented for approval to be implemented in the particular state

The local authority can propose additional species from time to time

The TPO is not applicable to felling of a tree:-

1) Which is dying or dead
2) For the prevention of an imminent danger; or
3) If it is to comply with any written law

The Tree Preservation Order – LIST 1

NILAI TERSENDIRI :
pokok dari spesis yang mempunyai keindahan semulajadi @ nilai tempatan @ sumbangan Estetika terhadap landskap atau sebagai penghadang fizikal @ kawasan pembangunan akan datang & nilai sejarah

NILAI SEJARAH
Spesis pokok yang ditanam melebihi 30 tahun dan ada kaitan dengan nilai sejarah kawasan

TANAMAN KENAMAAN
ditanam oleh pemimpin negara dan orang kenamaan sempena sesuatu upacara berkepentingan Negara

POKOK DALAM KAWASAN PERLINDUNGAN
semua pokok yg ditakrifkan dalam undang-undnag bertulis lain dan pokok yg terletak dalam Kawasan yang diisytihar kawasan hutan simpan, tadahan air, kawasan pemeliharaan bukit dll

RARE :
spesis pokok yg jarang ditemui Jumlah masih banyak

ENDEMIC :
Spesis pokok yang HANYA di dapati tumbuh di tempat tertentu (kesesuaian iklim, ekologi setempat, keadaan mukabumi dan komposisi tanah yang sesuai

ENDANGERED :
Spesis pokok yang sukar ditemui dan sikit bilangannya. Jika tidak dilindungi besar kemungkinan ia akan pupus

The Tree Preservation Order (Bhg VA s.35A)

PROCEDURE TO PRODUCE TPO

1) Inventory by the local authority on trees in its locality
2) Local authority to inform in writings to the land owner whose lands are affected – and to exhibit the location of the trees in their office
3) If the land is rented out, the local authority is to inform the occupant
4) The notice must be paste on places that can be easily seen if it can’t be given by hand or post

The allowed order – prohibiting any trees from being felled except with permission from Authority and requirement to replace any tree or group of trees

As a guide, the local authority is discourage to give out TPO on :
• Commercial trees
• Fruit trees
• Utilities

The tree preservation order (Bhg VA s.35A)

REPLACEMENT OF TREES
Is the duty of the person who is found guilty and in contravention of a tree
preservation Order for felling any tree in respect of which a tree preservation order is for the time being in force, to replace such tree by planting another tree, as specified by the local Authority

Conditions on Replacing Tree

The local planning authority can specify the following conditions in respect of a Replacement tree :-

1) Of an appropriate size and species
2) At or near the same place or such other place
3) Within the time
4) Subject to such terms and conditions

However, the local planning authority has discretion either on its own or on the application Of any other person to dispense with this requirement. The time specified by the local Planning authority for the replacement of any tree can be extended once the application of The person who has been imposed with the duty to replace the trees.

Amendments A1129

A1129 - Town and Country Planning Act (Amendment) Act 2001

MAIN CONTENT :
1) The formation of MPFN (Majlis Perancang Fizikal Negara)
Acting as a forum for the federal and state government to discuss matters related to town and Country planning

2) The requirement for RFN (Rancangan Fizikal Negara)
RFN is a written statement that summaries the strategic policies to determine the direction of the nation’s physical development

Amendments A1129

• Pindaan untuk memperkukuhkan perkhidmatan perancangan bandar dan desa serta sistem perancangan Fizikal negara melalui keseimbangan kuasa kerajaan persekutuan dan negeri

• Untuk tangani isu ketidakstabilan sektor hartanah dan krisis pembangunan hartanah Berlebihan yang terbit daripada pembangunan yang tidak dirancang dan dikawal

• Masalah lebih teruk kerana prosedur perundangan dan pentadbiran tidak memberi kuasa Kepada kerajaan persekutuan untuk campurtangan dalam hal-hal perancangan diperingkat Negeri.

2 perkara terpenting :-

Penubuhan MPFN (Majlis Perancang Fizikal Negara) yang bertindak sebagai satu forum diskusi di peringkat persekutuan untuk membolehkan kerajaan persekutuan dan negeri
Membincangkan hal berkenaan perancangan bandar dan desa.

A) Fungsi MPFN
• Menyelaraskan aktiviti perancangan dan pembangunan di peringkat persekutuan
• Memastikan aktiviti perancangan adalah berdasarkan permintaan pasaran sebenar
• Penggunaan sumber secara mampan untuk mencapai pembangunan yang seimbang yang meminimakan kesan terhadap alam sekitar

B) Penyediaan Rancangan Fizikal Negara
• dibawah tanggungjawab Ketua Pengarah JPBD Semenanjung Malaysia
• proses rundingan dengan setiap pihak berkuasa negeri dan lain-lain pihak berkuasa atau badan-badan yang diarahkan oleh MPFN semasa menyediakan dan menentukan isikandungan RFN
• RFN adalah suatu pernyataan bertulis yang merumuskan dasar-dasar strategik bagi menentukan haluan dan arah aliran am pemajuan fizikal negara
• Fungsi RFN – menterjemah, merasional dan menyelaras dasar-dasar dan strategi pembangunan sosio-ekonomi dan sektoral negara ke dalam dimensi spatial
• RFN diintegrasi di dalam Rancangan 5 Tahun Malaysia (kajian setiap 5 tahun)

** perkara penting dalam pindaan ini adalah penyediaan Rancangan Struktur peringkat negeri dan Rancangan Tempatan diperingkat pihak berkuasa tempatan

Objektif RFN :

1) Memudahcara pewujudan struktur spatial dan infrastrultur yang efisien untuk meningkatkan daya saing Negara
2) Mengoptimumkan penggunaan tanah dan sumber-sumber untuk pembangunan mampan
3) Menggalakkan pembangunan wilayah yang seimbang untuk mencapai perpaduan negara (national unity)
4) Mewujudkan ruang yang berkualiti dan pelbagai (spatial quality and diversity) untuk meningkat kualiti hidup



Laws in urban conservation

Urban conservation is a relatively new phenomenon in Malaysia. Hence, it is imperative that regulations and laws pertaining to urban conservation be considered seriously by the authorities concerned. There are presently six acts and enactments related to urban conservation in Malaysia.

1) The Antiquities Act 1974
2) Town and Country Planning Act 1976 (Act 172);
3) Federal Territory Act 1982 (Act 267);
4) Urban Development Corporation Act 1971 (Act 46);
5) The Malacca Enactment No. 6 1988;
6) The Johore Enactment No. 7 1988.

These acts and enactments are largely focused on the conservation of buildings, monuments and landscape per se. However, none or little provision is made on the important aspects of urban conservation.

Conclusion (Some Issues)


INTEGRITY OF THE PROFESSION
• A profession must have an applied system or process that can be used as guide and framework to create uniformity/standard – in order to control the quality and integrity of the profession

STATUTORY FRAMEWORK
• Overlapping of interest/authority

IMPLEMENTATION:
- birocratic
- political interest
- Monitoring process
- Manpower, financial constraints
- Awareness (public, authority)

ENVIRONMENT RELATED LEGISLATION IN MALAYSIA


LEGISLATION AND TIME OF ENACTMENT
1. Water Enactment, Chapter 146, 1920
2. Mining Enactment, Chapter 147, 1929
3. Mining Rules, GN.2426,1934
4. Forest Enactment, Chapter 153, 1935
5. Natural Resources Ordinance, 1949
6. Poisons Ordinance, 1952
7. Merchant Shipping Ordinance, 1952
8. Sale of food and Drugs Ordinance, 1952
9. Dangerous drugs ordinance, No. 30, 1952
10. Federation Port Rules, 1953
11. Irrigation Areas Ordinance, No. 31, 1953
12. Drainage Worked Ordinance, No. 1, 1954.
13. Medicine (Sales and Advertisement) Ordinance , No. 10, 1956
14. Explosive Ordinance, 1957
15. The Road traffic ordinance, 1958
16. Land Conservation Act, Act 3, 1960
17. National Land Code, Act 56 & PP 474. 1965
18. Housing Development Act (licensing and control), 1965
19. Radioactive substances act, act 17, 1968
20. Civil Aviation Act, act 3, 1969
21. Malaria Eradication act, act 52, 1971
22. Continental Shelf Act, 1966, Act 83 (revised), 1972
23. Petroleum mining act, act 95, 1972
24. City of Kuala Lumpur (Planning) act, act 107, 1973
25. Environmental Quality Act, Act 127, 1974
26. Geological Survey Act, Act 129, 1974
27. Street, Drainage and Building Act, Act 133, 1974
28. Aboriginal Peoples Act, 1954, Act 134 (Revised), 1974
29. Factories and Machinery Act, 1967, Act 139 9Revised) 1972
30. Pesticides Act, Act 149, 1974
31. Destruction of Disease-Bearing Insects Act, Act 154, 1975
32. Municipal and Town Boards (Amendment) Act, Act A289, 1975
33. The protection of Wildlife Act, Act 76, 1972 (Revised), 1976
34. Antiquities Act, Act 168, 1976
35. Local Government Act, Act 171, 1976
36. Town and Country Planning Act, Act 172, 1976
37. National Parks Act, Act 226,1980
38. Malaysian Highway Authority Act, Act 231, 1980
39. Pig Rearing Enactment, 1980
40. Atomic Energy Licensing Act, Act 304, 1984
41. Exclusive Economic Zone Act, Act 311, 1984
42. National Forestry Act, Act 313, 1984
43. Fisheries Act , 1963, Act 317, 1985
44. Sewerage services act, Act 508, 1993
45. Merchant shipping oil (oil pollution) Act, Act 515, 1994
46. Mineral Development Act, Act 525, 1994


UNDER FEDERAL RESPONSIBILITY (includes) :
1. development of mineral resources
2. marine and estuarine fisheries
3. pest control
4. medicine
5. water supplies
6. industrial and infrastructural activities


NOTE :
Federal government has the right to practice Environmental Quality Act 1974 (EQA) and the Environmental Quality (Amendment) Act 1985 through the Department of Environment (DOE)

UNDER STATE RESPONSIBILITY (includes) :
1. Basic resource management (land and water)
2. land
3. local authority areas
4. agriculture and forestry
5. water resources
6. riverine fisheries
7. ports and harbours (Sabah and Sarawak)

SHARED RESPONSIBILITY :
1. Wildlife
2. town and country planning
3. public health
4. rehabilitation of eroded and mines land
5. drainage and irrigation

NOTE :

The local governments may share some responsibilities with the state such as land use planning while exercising their power on other environmental-related matter.



ENVIRONMENTAL QUALITY ACT 1974 (Act 127)


An act relating to prevention, abatement, control of pollution and enhancement of environment, and for purposes connected therewith.


PART I – PRELIMINARY
- The act shall apply to the whole of Malaysia
- Interpretation


PART II – ADMINISTRATION
- The Director General and other officers

PART III – LICENSING


PART IV – PROHIBITION AND CONTROL OF POLLUTION
- Prescribed premises to be licensed
- Requirement and approval of plans
- Power to specify condition of emission, discharge etc
- Restriction on pollution of the atmosphere, noise pollution, inland water, discharges of oil …
- Prohibition on open burning
- EIA report

Landscape Architecture Design Standards

Standards for Landscape Architecture in Malaysia


Objective of Establishing Design Standards in Landscape Architecture:


1) Ensuring public safety
2) Benefiting public health
3) Ensuring equitable access to persons with disabilities
4) Maximising functional efficiency of public amenity
5) Maximising comfort and usability of landscape areas
6) Maximising aesthetics without compromising safety & health
7) Protecting consumers/public from endangering and/or lost of lives and property resultant from landscape development activities

ACT AND LAWS

1) Akta Jalan, Parit dan Bangunan 1974 (Akta 133)
Street, Drainage and Building Act 1974 (Act 133)

2) Undang-undang Kecil Bangunan Seragam 1984
Uniform Building By-Law 1984

3) Akta Perancangan Bandar dan Desa 1976 (Akta 172)
Town and Country Planning Act 1976 (Act 172)

4) Akta Kerajaan Tempatan 1976 (Akta 171)
Local Government Act 1976 (Act 171)

5) Akta Kualiti Alam Sekitar 1974 (Akta 127)
Protection of Wildlife ACT 1972 (Act 76)

6) Akta (Perancangan) Wilayah Persekutuan 1982 (Akta 267)

7) Kanun Tanah Negara 1965 (Akta 56)
National Land Code 1965 (Act 56)


MALAYSIAN STANDARDS / GARISPANDUAN

1) Code of Practice For Access For Disabled People Outside Buildings
MS 1331 : 1993
2) Playground Equipment : Part 1: Specifications For Materials
MS 966 : PART 1 : 2001
3) Playground Equipment : PART 2 : General Safety Requirements
MS 966 : PART 2 : 2001
4) Playground Equipment : PART 3 : Test Methods MS 966 : PART 3 : 2001
5) Code of Practice on Access For Disabled Persons To Public Buildings
MS 1184 : 2002
6) National Landscape Department Guidelines, JPBD, KPKT, 1995


Akta Jalan, Parit dan Bangunan 1974 (Akta 133)
Street, Drainage and Building Act 1974 (Act 133)

Part II – Streets

1. Maintenance and repair of public streets
2. Power to make and improve streets
3. Power to take land adjoining streets for building purposes
4. Power to acquire to be in accordance with law relating to compulsory acquisition
5. Private persons making new streets
6. Paving etc. of private streets
7. Widening of private streets
8. Repair of private streets
9. Notice on person causing private street to be in a dangerous or defective condition
10. Regular line of streets may be prescribed
11. Provision of footways, etc.
12. Hedges and trees bordering streets to be trimmed.
13. Prevention of grass fires
14. Trees not to be planted within 12 ft. of streets
15. Taking up pavement
16. Dangerous places to be repaired and enclosed
17. Watering Streets
18. Depositing Dirt on Street, etc.

Part III – Drains

1. Local Authority to construct and maintain drains and watercourses
2. Local Authority to repair and alter discontinue surface and strom drains, etc.
3. Penalty for making unauthorized drains into canals or streams

Part IV – Backlanes

1. Local Authority may acquire land for part of back-lane.
2. Declaration of back-lane as public street.

Part V – Buildings

1. Earthwork
2. Land to be set apart for back-lane



Undang-undang Kecil Bangunan Seragam 1984
Uniform Building By-Law

Part III - Space, Light and Ventilation

1. Open Spaces to be provided
2. Open Space not to be altered or roofed
3. Space about building abutting a street and a backlane
4. Space about buildings on lots abutting a street and having no backlane
5. Space about detached building
6. Access from a street
7. Width of footway



Akta Perancangan Bandar dan Desa 1976 (Akta 172)
Town and Country Planning Act 1976 (Act 172)

Part III – Development Plan

• Section 12. Preparation of draft local plans. (3) A draft local plan shall consist of a map and a written statement and shall formulate, in such details as the local planning authority thinks appropriate, its proposals for :–

– the development of;
– the use of land in;
– the protection and improvement of the physical environment of;
– the preservation of the natural topography of;
– the improvement of the landscape of;
– the preservation and planting of trees in;
– the making up of open spaces in;
– the preservation and enhancement of character and appearance of buildings in;
– the improvement of communications in; and
– the management of traffic in, the area of the local plan; and

• contain such matters as may be prescribed or as the Committee may in any particular case specify.



Part IV –Planning Control

Section 21.

Application for Planning Permission, (3) Where the development involves the erection of a building, the local planning authority may give written directions to the applicant in respect of any of the following matters, that is to say :–

» the level of the site of the building;
» the line of frontage with neighbouring buildings;
» the elevations of building;
» the class, design, and appearance of the building;
» the setting back of the building to a building line;
» access to the land on which the building is to be erected; and
» any other matter that the local authority considers necessary for the purpose of planning.

Section 21A.

Development Proposal Report (Laporan Cadangan Pemajuan-LCP) (1) In addition to the documents and plans required to be submitted under section 21(1) for planning permission, the applicant shall submit a development proposal report which shall contain the following:-

• the development concept and justification;
• a location map and site plan;
• particulars of land ownership and restrictions, if any;
• a description of the land including its physical topography, landscape, geology, contours, drainage, water bodies and catchments and natural features thereon;-
– a survey of trees and all forms of vegetation; and
– particulars of a building, which may be affected by the development;
• a land use analysis and its effect on the adjoining land;
• layout plans, the details of which are specified in section 21B; and
• such other matters as may be prescribed by the local planning authority


Section 21B.

Layout Plans (1) The layout plans under paragraph (f) of section 21A (1) shall show the proposed development and in particular where the development is in respect of any land :–

• measures for the preservation and improvement of its physical environment;
– measures for the preservation of its natural topography;
– measures for the improvement of its landscape;
– measures for the preservation and planting of trees thereon;
– the location & species of trees with girth exceeding 0.8m metre & other vegetation thereon;
– the making up of open spaces;
– the proposed earthworks, if any; and
– a description of the works to be carried out; and
– Where the development is in respect of a building with special architecture or historical interest, particulars to identify the building including its use and condition, and its special character, appearance, make and feature and measures for its protection, preservation and enhancement; and
– Where the development involves a building operation, particulars of the character and appearance of buildings located in the surrounding area.


Part VA – Tree Preservation Order

BARRIER-FREE DESIGN GUIDELINES


DESIGN GUIDELINES


1. Barrier-Free Design Guidelines

a. Curb Ramp


Standard curb ramps: cut back into the pavement with flared sides providing transition in three directions.

Figure 1: Standard curb ramp

Returned curb ramps: providing slope in one direction. This could be a dangerous measure if the sides are not protected.



Figure 2 : Returned curb ramp

Build up curb ramp: usually with flared edges.



Figure 3 : Build up curb ramp



Ø Curb ramps are wherever there is a difference in level on pedestrian paths or cross paths.
Ø To avoid confusing sightless pedestrians, curb ramps should be positioned out of the usual line of pedestrian flow. The unobstructed width of the pathway should be not less than 0.90m.
Ø Curb ramps should be located away from places where water accumulates.


b. Directional Signage

Ø Graphic or written directions should be used to indicate clearly the type and location of the available facility.
Ø Directional signs need not be excessive in number, but they should be placed at main entrances and in places where changes in direction or level occur.

Figure 4 : Directional signage graphic



c. Signage

Ø All types of signs should be visible, clear, simple, easy to read and understand, and properly lit at night.
Ø Signs should not be placed behind glass because of possible reflection.

Figure 5 : Disabled graphic signage


Ø Signage placed on the pedestrian path of travel are considered obstructions, thus, they should be detectable.
Ø Accessible spaces and facilities should be identified by the international symbol of accessibility. Ø Contrasting colours should be used to differentiate the figure from the background.
Ø The symbol is composed of a wheelchair figure with either a square background or a square border.


d. Maps And Info Panels


Ø Maps and information panels at building entrances, along roads, and on public buildings should be placed at a height between 0.90m and 1.80m.
Ø Information signboards should be rectangular
Ø Warning signboards should be triangular.
Ø Interdictory signboards should be circular.
Ø The colour of signs should contrast with the surrounding surface so as to be clearly distinguishable.

Figure 6 : Maps and info panels for disabled.

Ø The commonly used colours are: white, black, yellow, red, blue and green.
Ø The colour combinations Red/Green and Yellow/Blue should not be used in order to avoid confusing colour blind persons.



e. Parking Curb


Figure 7 : Parking curb for disabled convenience.

Ø If curb exists, curb ramps should be provided to link accessible parking spaces to accessibility pathways.
Ø If no curb exists, a textured surface at least 0.60m wide is needed to separate the pathway from the vehicular area; otherwise bollards should be used. Pre-cast wheelstops can also be used to set apart a passage at least 0.90m wide.
Ø The drop-off area should be at least be 3.60m wide and incorporate an aisle 1.20m wide to allow for maneuring.
Ø The length should accommodate at least two cars.



f. Drop-Off Areas


Ø Drop-off areas are beneficial for picking up and dropping off people with physical limitations, parents with children, people carrying loads, etc.
Ø Signs should be installed to identify a drop-off zone and prevent its misuse as a parking space.


Figure 8 : Drop-off areas


g. Tactile Marking

Ø On a guide strip where alternative routes exist or at junction of guide strips.
Ø Around obstructions which are difficult for the sightless to detect.
Ø A tactile guiding area, preferably or rubber tiles with minimum dimensions of 0.90m x 0.90m, should be constructed in a guide strip at cross pathways where the route branches off in several directions.


Figure 9 : Tactile marking size


h. Handrail



Ø Safety guards or railing should be installed around hazardous areas, stairs, ramps and raised platforms more than 0.40m high.
Ø To guide sightless people using a long cane, a rail should be mounted at a height between 0.10 and 0.15m.



Figure 10: Handrail



Ø Handrail should allow a firm and easy grip, sharp edges should be avoided.






i. Drinking Fountain

Ø Drinking fountain spout should be located at approximate height og 0.90m.
Ø Drinking fountains can have two spout located at6 different heights, one convenience to wheelchair users at approximately 0.85m and one at approximately 0.95m for non-disabled people.




Figure 11 : Drinking fountain measurement



j. Resting Area


Figure 12 : Resting area considered the disabled people.


Ø Resting facilities should be provided regular intervals between 100.00m and 200.00m.
Ø Resting space with benches should allow a minimum of 1.20m of adjoining space for a wheelchair.
Ø Public seats and benches should be approximately 0.45m above floor level, with backrests at approximately 0.70 above floor level.





k. Vegetation

Ø Overhanging vegetation should be clipped to a minimum clear height of 2.00m.



Figure 13 : Overhanging vegetation




2. General Guidelines

a. Road



Figure 14 : Typical road section


Ø Pathways width 2.0 -3.0m for all main roads.
Ø Road landscape reserve is 20’ and 40’.
Ø Road planting selected considered shading trees, shrubs and coloured plants.
Ø Uniform the road planting for make identity and emphasize the road characteristic.
Ø Planting distance for road planting is:
1. Main trees 7m -10m
2. Shrubs 0.45 – 0.60m
3. Ground covers 0.3m
Ø The covered drainage is provided next to the pathways.
(Source: Town And Country Planning Peninsular Malaysia, 2002)

b. Lake

Ø Quality control – the water quality has to be maintained every year.
Ø Level control – the water level of the lake has to be controlled to avoid any changes to the natural state of the lake.
Ø Water life control – to make sure that water life does not become extinct.
Ø An activity that is allowed – water activities (water recreation), land activities (land recreational, public amenities and utilities).
Ø Activities that is forbidden – water (swimming, termination of solid waste)
Ø A variety of plants, trees and vegetation should be used.
Ø Building must face the lake.
(Source: Town And Country Planning Peninsular Malaysia, 2002)

c. Car Park



Figure 15 : Car park for disabled

Ø Buffer zone surrounded the car park provides screening and reduce noise and air pollutions.
Ø Trees are to be planted in the car park to reduce heat and glare.
Ø Car park should provide space for disabled car park and drop areas nearby the parking entrance.
Ø The selected trees should considered:
1. Low maintenance 2. Evergreen trees 3 . No wide root spread trees 4. No fruit trees 5. Shade trees

(Source: Town And Country Planning Peninsular Malaysia, 2002)



d. Accessibility

Ø Ramp
- Every ramp must be user friendly and without restrictions.
- The maximum escarpment should be 1 : 12 with a minimum of 1800mm.
- The surface of the ramp must be flat but not a smooth texture.


Ø Handrail and grab
- A dimension of 40mm – 50mm is provided with the ramp.
- The handrail height is 2.4’(700mm) and 3’


Ø Building
- Ramp and handrail must be provided to the entrance door must have a minimum width surface lanes texture.


Ø Pathways
- Pathways lanes without any restrictions.
- Minimum width is 1500mm.
- The surface of the pathways lane must be smooth to avoid unwanted accidents.
- Pathways should provide guide strip with tactile marking for blind users.
- Handrail should provide at the pathways near the lake.

(Source: Town And Country Planning Peninsular Malaysia, 2002)



e. Children Playground

Ø Stresses on safety aspects like “traffic calming” with nearby road and all surfaces should be provided with rubber matts to ensure normal children and disabled children are safety.
Ø The playground equipment should consider the weight stability and the design has to be suitable according to the age groups as well as the disability.
Ø To provide playing equipment that stimulates mental and physical activities.
Ø The location must be suitable, so parents can keep watching their kids.
Ø The design of the playing equipment must be colourful, beautiful, attractiveness and children friendly.
Ø The equipment should be easy to maintain.

(Source: Town And Country Planning Peninsular Malaysia, 2002)




f. Public Facilities

Ø To provide public facilities such as parking lots for normal and disabled people, public toilets, information centre, public phones, wakaf, surau, drinking fountain, children playground, exercise area and sports area / court that is suitable with the surrounding development.

(Source: Town And Country Planning Peninsular Malaysia, 2002)


g. Softscape Elements


Figure 16 : Symmetrical balance design


Figure 17 : Variety of plant design

Figure 18 : Tree grating
Figure 19 : Plant strata

Figure 20 : Balance can be generate by using a same tree shape



Figure 21 : Planting should followed the hierarchy of plants.


Figure 22 : Types of root systems


Ø The softscape elements should be suitable and endemic to match with the garden concept and also the surrounding.
Ø The softscape element should considered:
1. Aesthetical value
2. Shading tree
3. Convenience and comfortable
4. Identity (have it own characteristic)
5. Trees planting function as a control of the erosion process for the aesthetical value and to increase ecological balance.
6. For playground area, tree selected should consider no poisonous tree, shade tree, and no wide root spread tree.
Ø For small area or limited space, planter box and vase should be provided especially for greening the area.
(Source: Town And Country Planning Peninsular Malaysia, 2002)




h. Hardscape Elements

Ø The hardscape elements at the main area will be provided such as children playground, sports area and exercise area.
Ø The hardscape elements should considered:
1. Identity (have its own characteristic)
2. Functional and aesthetical.
3. Can emphasize the area.

(Source: Town And Country Planning Peninsular Malaysia, 2002)




i. Supporting Amenities

Ø Sign boards
- Must be placed horizontally with a minimum height of 2000mm from road or pathway level.
- Writing, colour and the size of the signboard must be clear and easy to read.
- To provide a sign board with Braille writing.


Ø Built in or fixed furniture
- Furniture in this area should consider the disabled.
- A comfortable, suitable in design and user friendly for all park users.
- Provision of ramps, lamps, integrated sign boards, drinking fountain & trash bins.

(Source: Town And Country Planning Peninsular Malaysia, 2002)

HIERARCHY OF OPEN SPACE

The hierarchy of open space (hectares) for recreational purposes adopted by the Department of Town and Country Planning (JPBD) are categories as below.

Hierarchy-------Size of Open Space ---- Population Catchment


1) National Park----------------- Unlimited -------------------- National
2) Regional Park------------------- 100 ------------------------- Regional
3) Urban Park--------------------- 40 --------------------------> 50,000
4) Local Park ----------------------- 8 ----------------------- 12,000 - 50,000
5) Neighbourhood Park ----------- 2 ------------------------3,000 - 12,000
6) Playing Field ------------------- 0 - 6 ----------------------- 1,000 - 3,000
7) Playground -------------------- 0 - 2 ------------------------ 300 - 1,000
8) Roof Garden ------------------ Varies ----------------------- Target Group


- When designating open spaces for recreational purposes, the size of the open space must correspond to the number of inhabitants and the functional recreational elements accorded to the site.

- A residential development comprising a densely populated high rise building for instance, must be planned to accommodate the needs of all age groups.

- The 10% open space may not be sufficient but through understanding and planning of the actual needs requirements of various segments of the population, the wellbeing of the population can be accommodated.

- When planning for the hierarchy of open spaces and gardens for these purposes, it is important to prioritize the need of the youngster population as their requirements are geared towards active play and energy busting.

- Landscape architects must observe in detail how open space, playgrounds, gardens, game courts and recreational facilities are being used in various types of communities.

- In the greater spectrum, the principle of planning the open space and recreational areas adopted by the Department of Town and Country Planning relates to three main principles.

- The first principle is the relationship between man and the creator. The principle stresses on equality, accessibility, beauty, systematic, visionary and sustainability.

- The second is the relationship between man and man. The principle focuses on safety and comfort, interaction, culture-oriented image, balance and harmonious environment to promote a caring society.

- And third, the relationship between man and the environment. The principle espouses aesthetics, cleanliness and conservation of flora and fauna.

Landscape Architecture in Malaysia

FUNCTION OF PARKS AND GARDENS


INTRODUCTION

- Parks and gardens have been built for centuries as an alternative breathing space for urban dwellers.
- The concept of modern parks first saw its birth during the Industrial revolution in the 19th century.
- Much has been achieved during the 20th century on the garden designs.
- Frederick Law Olmsted was the first person to adopt landscape architect as a professional title.
- Geddes, the author of ‘Cities in Evolution’, one of the most influential landscape planning books of the 20h century, evidently saw the close link between garden design, public parks and town planning.
- In Malaysia, the awareness for park and garden built have been in place since the British Colonial era when the Penang Botanical Garden and Taiping Lake Garden.Present, increased allocation has been set aside by the National Landscape Department to build more urban parks and garden throughout Malaysia towns and cities.



PARKS REJUVENATING LAND

- A valuable contribution of park construction utilizing abandoned land is the gradual appreciation of its land value over time.
- This strategy is used widely and increasingly by land and property developers as a key selling point of their developed properties.

Example of Parks:

1) Brisbane South Bank Waterfront Park, Australia (125.5 hectares)
The heart of Brisbane’s culture, entertainment, recreation and education. The elements which comprise an idyllic Queensland life style blend to form a vibrant precinct which attracts more than 9 million people annually and which has earned the precinct the reputation of Brisbane’s number of tourist destination and ‘people place’. As part of the riverbank park, visitors are also able to enjoy the delights of a lush, sub-tropical, 17 hectares parkland that includes Australia’s only beach in the heart of the city, Streets Beach, the beautiful ENERGEX Arbour rainforest walks, picnic and barbecue areas, water features and a picturesque riverfront promenade on which to walk, run and cycle.

2) Batu Metropolitan Park (327 acres)
Located 7 km from Kuala Lumpur city centre. It seems that without tin-mining activities, we wouldn’t quite have any lakes and wastelands to make into parks.The death of tin-mining created a wealth of wasteland that are how being exploited again but with a greener and friendlier motive. Apart from all the politically-correct objectives such as creating a better neighbourhood image, be environmental-friendly, promote racial harmony and to create a caring society, Batu Metropolitan Park was destined for extreme sports. For instance, most of the buildings and structures within the park sport an industrial look using steel pole configurations and bright colours.


PARKS DISCOVER HISTORICAL VALUE

1) Historical sites across cities and towns have been neglected over time due to rapid urban growth.
2) New developments have run over the old resulting in the total loss of character to the cities.
3) The ensure preservation of historical values and creation of harmony with man-made features, being a lesson in education and historical conservation.



PARKS AS CITY’S CIVIC CULTURAL HUB

The approach has been used in most of the countries as the urban hub with integration of public facilities such as the library, community centre, museum, theme parks and other facilities. The example of park: MIN CITY FAN, SARAWAK (26 acres). Is a unique fan-shaped urban civic park, carefully sited in the hub of sports, educational and cultural facilities of Miri. Designed to create civic consciousness by the embodiment of several symbolic parks.


The park elements:

1) The Civic Promenade
- Base-relief murals on both sides of the promenade reflect the traditional local cultural heritage and Miri’s vision for the future.
2) The Garden of Vision
- Encompasses the grand amphitheatre designed to create the feeling of spiritual awareness of the vision.
3) The Islamic Garden
- Designed according to a strong stately axial and geometric order.
4) The Chinese Garden
- Depicting the Chinese traditional cultural heritage such as gazebo, bridge and planting.
5) The Formal Garden
- Consist of a classical water fountain in the middle of a formal pattern with landscape features bringing a sense of formality.
6) The Ethnic Garden
- Incorporates the symbolic elements of various ethnics groups of Sarawak.
7) The New Library Cum Cultural Centre
- Earmarked as one of the anchor nodes .for the Miri City fan.


THE CURRENT ISSUES

1) Recreational Grounds are not centrally located for community use.
2) Recreational Grounds are not maintained and manage properly therefore become hazards.
3) Recreational Grounds are not planned to accommodate proper drainage system.
4) Components are not planned and designed according to age groups.
5) Insufficient provision of public facilities: public toilet, shelters etc.
6) No provision for the disabled.
7) Insufficient or inappropriate located park furniture.
8) Recreational Grounds are too small and too often are left-over spaces squeezed in between incompatible uses without direct access.



THE DEFINED OPEN SPACE


- Open spaces assume an architectural character when they are enclosed in full or in part by structural elements.
- Such a space may be an extension of a building.
- Sometimes it is confined within the limits of single building or enclosed by a building group.
- Sometimes such a space surrounds a structure or serves as its foreground, as a foil, or as a focal point.
- It can be seen that such related spaces, structures and the landscape that surrounds them must all be considered together in the process of design.
- Such spaces, be they patios, courts or public squares, become so dominant and focal in most architectural groupings that the very essence of the adjacent structures is distilled and captured there.
- Why community open space? Because without it there can be little sense of community.
- It is mainly in the outdoor ways and places that communal living takes place.
- Open space equates with many forms of recreation.
- Lineal spaces, as for jogging paths, health trail or bikeways, must be carefully woven into community plans to ensure continuity.
- Open space has other values too. If it follows and envelops the drainageways and streams, it serves to preserve the natural growth and define buildable areas with lobes of refreshing green.
- It also provides cover for birds and small animals that contribute much delight to the local scene, not only in the suburbs but in the inner city as well.

THE DEFINED GARDEN

- The origin of word is indicative of a creation intended to give pleasure in itself: Gar – garth, yard, enclosure; Den – Eden, paradise.
- The gardens of the Pharaohs and of Islam fit this definition.
- The oldest pictures of a garden come from Egypt. There is carving on the tomb of Akhnaton (18th dynasty, about 1500 BC). This shows square pool in the centre of a square enclosure, but the planting around the pool is somewhat haphazard.
- Indian Buddhist and Hindu temples are often richly carved. Colourful flowers are used within as additional adornment, whilst the settings of temples are planed with sweet-smelling and colourful vegetation. In lands where the religious were already established, Islam was able to find a fertile soil, literally as well as metaphorically, for a fresh interpretation of paradise.- The spread of Islam and Christianity carried with them their notions of paradise but the idea of an outdoor, designed space, with cultivated plants for aesthetic enjoyment and spiritual expressions is not exclusive to these religions.



DEVELOPMENT OF PUBLIC PARKS


Objective

The Public Parks Programme is aimed at implementing the Government’s directive to develop public parks throughout the country. The main objective is to create more public parks that are complete and immaculate in this country.

Criteria for selection of site:

1) Area of not less than 20 acres (not including bodies of water)
2) Strategic location in the context of population distribution
3) Easy access (road) which is authorised and satisfactory
4) Absence of major physical problems such as floods, swamps, etc
5) Site is owned by the Government and free from problems such as squatters
6) Area that will be/has been gazetted as a public park


Public Park Components

A- Basic facilities of a public park:

1) Children’s playground
2) Walkways
3) Jogging track
4) Activity circuit
5) Shelters

B- Supporting facilities:

1) Car park
2) Public toilets
3) Seats
4) Signboards
5) Refuse bins

Landscape Development

1) lnfrastructure, access road and electricity and water supply
2) Open area, games arena and field
3) Implementation Procedure
4) Gathering of information on site
5) Appointment of consultant
6) Design stage Implementation stage


GREENING OF THE NATION

Objective

Covers efforts to landscape and plant trees at various prime areas of development. In line with the implementation of ‘Landscaping the Nation’ and National Landscape Guidelines. The main objective is to upgrade the quality of the environment. The Greening Programme will be implemented thoroughly in every state.

Main Activities:

1) Greening the roads
2) Greening the rivers
3) Greening government land
4) Greening public buildings

Pioneering Activities:

A pioneering activity is an ancillary activity which serves as a step towards the implementation of the National Landscape Guidelines. Through such activities, sites will be identified according to suitability. Site evaluation will be made by the department with the co-operation of the state government:

1) Greening the Countryside Landscape
2) Greening Public Housing
3) Greening Industrial Areas
4) Greening Railway Routes
5) Greening Basic Amenities
6) Greening the Cemeteries


Implementation Procedure

The greening project is implemented by adopting the following 3 types of modus operandi:

1) Implementation by the department
2) Implementation by the appointed consultant
3) Implementation by the state government








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