In response to the “Law Ignorant Property Owner” on 30 April 2009
Planning Act applies in
Dear Law Ignorant Property Owner
and Country Planning Act 1976 (“TCPA 1976”) is an Act for the proper
control and regulation of town and country planning in Peninsular Malaysia. Each state government has the option to adopt
all OR parts of the TCPA 1976: the effective dates and parts adopted are
different for each state. However, the
1976 has been amended several times by a series of amendment acts. The most recent such amendment act was in
year 2001, known as the Town and Country Planning (Amendment) Act 2001 (“TCPAA
2001”). Unlike previous amendment acts, this TCPAA 2001 and its specific
provisions was adopted by the
1982 has also been amended several times over the years. All development in the
It will be most interesting to see how the High Court will rule in the Bukit Gasing case. If the Court decides that the TCPA 1976 should be enforced in Kuala Lumpur, it could mean that all approvals (at least since 2001) by City Hall have been issued in accordance with the wrong Act and thus illegal!
WF Lam, Esq.