Development Economics

Procedure of conversion and sub-division

1. the application ( in the form as statutorily required) for both conversion and sub-division is submitted to the District Land Office .

2. Upon receipt of the application , the conversion application are rederred by the District Land Office to the various technical departments and service corporations such as

• Agriculture Department 
• State Town Planning Department 
• Drainage and Irrigation Department 
• Health DePARTMENT pUBLIC wORK Department 
• Department of Environment 
• Water Works Department 
• Tenaga Nasional Berhad 
• Telekom Malaysia Berhad 
• Local AUthority in charge of the area of development ,eg Town Council 

1. each of the above department checks the devleopment proposal from the point o view of its own requirements . These requirements are then coordinated and incorporated by the town planner into the layout plan . 

2. the State land office then prepares a memorandum incorporating all the facts and comments / feeback received from the various technical departments and its own recommendations. THe memorandum is forwarded to the Director of Land and Mines for futher action . 

3. Upon receit of the memorandum, the Director of Land and Mines reviews the comments and recommendations and prepares a precis incorporating all facts, figurtes and recommendations. This precis on completion is submitted to the State Executive Councl for its decisions. 

4. the State Executive Council scrutinizes the application and the precis and make it considered decisions , ie rejection or approval . Pursuant to section 124 of the National Land Code , the State Authority may impose conditions including : 

a payment of a further premium 

b) payment of any other charges as may be prescribed 

c) reservation of a new rent 

d) compliance with such other requireements as the State Authority may think fit . 

5. the State Executive Council then communicates its decisions to the Director of Land and MInes who in turn relays it to the district land office . 

the district land office then notifies the applicant of the ultimnate decision and the terms and conditions of any approval granted. If any payment is necessary , a simultaneous request for payment inclusive of the time frame for effecting such payment is made . 

6. the necessary endorsements on the title are undertaken olny upon the satisfactory compliance with all the terms and conditions of the approvals inclusive of the necessary payments by the applicant . 

List of Cases 

• PTG WP v Sri Lempah ( 1979) 
• Ipoh Garden v PTG Perak ( 1979) 
• Hassan v Ismail ( 1970 ) 
• Golden Approach Sdn Bhd c Pengarah Tanah dan Galian ( 2001) 
• Lee Chi Min & Anor v Superintend of Land & Survey Department, Kuching ( 1981) 

Amalgamation of Land 

Definition 

• Two or more contiguous lots of alienated land 
• held under separate titles by a person 
• are combined into one and 
• held by him under single title . 

• A developer may own adjoining lots of land which he may desire to amalgamate for the purpose of the development . He must comply witht he process of amalgamation as governed by Part Nine Chapter 3 of the National Land Code . 
• Section 146(1) of the National Land Code stipulates : 
•   ... any person in whom two or more contiguous lots of alienated land are vested under separate Registry of land Office titles or qualified titles in continuation of final titles may , with the approval under this chapter of the State Director or Land Administrator, as provided in sub-section (2) , amalgamate those lots into one, to be held by him under a single title ... 
• The application for approval must be in line with section 148 ; which in conjunction witht eh subsequent section 149 outlines the procedure involved in the amalgamation process. 
• Pursuant to section 147 (2) of the National Land Code, the sanction of the State Authority required int he following circumstances : 

- Where the lots to be amalgamated are all held under land Office title , and their combine areas exceed 4 hectares ; 

- Where the said lots are held partly under Registry title and partly under Land Office title ; 

- Where any dissimilarity exist between any of the lots in respect of 

a) periods for which they are held 

b) the rates at which rent is payable 

c) categories of land use, conditions and restrictions in interest to which they are subject 

List of Cases 

Land Executive Committee of Federal Territory v Syarikat Harper Gilfillan Berhad ( 1981) federal court 

Layout Plan Approval 

The layout plan approval is one of the principal submissions and approvals that need to be undertaken at the early  stages of the development following the feasibility stage . 

Listed below are the typical requirements pertaining to Layout Plan approval for Wilayah Persekutuan : 

1. the application is made to the Planning and Building Control Department ; 

2. each application must have the required sets of layout plans, signed by the owner and containign details such as : 

• the number and types of building proposed; 
• the iuntended usage of the different types of buildings 
• open spaces 
• schools and community reserves ( where applicable ) 
• TNB substation 
• Reservoir reserves for water authority requirements 
• Sewerage disposal reserve 
• Existing contour lines and proposed formation level ; and 
• Existing natural water courses and drainage proposals . 

- The application for layout approval can be coordinated with the existing gazetted zone plan of the Planning and Building Control Department . 

- The layout plans are then processed by the Town Planning Committee which will seek the necessary comments / feedback from the following technical departments / service corporations against their particular requirements pertaining to the payout plan : 

a) Building control Division : on building by-laws requirements; 

b) Sewerage Departments on sewerage and disposal requirements ; 

c) Parks and Recreation Department : on landscaping requirements 

d) Urban services Department : on refuse disposal requirements
e) Civil works and traffic Management Department : on requirements concerning roads, drains , earthworks , car parking layout , street lighting, traffic flow pattern and etc ;
f) Tenaga Nasional Berhad : on eletricity supply and sub-station requirements
g) Telekom Malaysia Berhad : on telecommuinication infrastructure requirements ;
h) Drainage and Irrigation Department : on requirements pertaining to river, stream and main drainage
i) Fire services department : on fire safety requirements ; 

j) Waterworks deartment : on water supply requirements
K) Land Office : On land administration requirements
l) Malaysian highway Authoruty / Highway Planning Authority " on highway requirements
m) Department of Environment : on environmental requirements
n) Department of Civil Aviation : on civil aviation requirements ( if applicable )
- The

Layout Plan Approval

• The relevant technical sub-commitee review the various technical requirements and forwards its comments / feedback to the town planning committee; which then scrutinizes the said comments / feedback and makes a decision; and 
• The decisions is then comunicated to the pplicant for further action . 

Planning Permission 

• The planning permission ("KM") approval stage subsumes the layout plan and land conversion and subdivision approval stages of a development project in its overall ambit . 
• The KM approval stage is an elaborate process that entails a hosts of procedures and activities that need to be successfully realizes if the building Plan approval stage is to commence at all . 

- Owning to the variation in prodedures applicable to the various jurisdictions , the discussion ill be undertaken in the context of an application to Wilayah Persekutuan , which involves the following : 

1. an application for the KM is amde to the Planning and Building Control Department 

2. each application must include , inter allia : 

 - the required copies of site plans and sketch plan depicting essential information such as : 

Planning Permission 

1. number of proposed building and their types ; 
2. proposed roads , footpaths and drains . 
3. Sewerage disposal 
4. TNB reserves 
5. Reservoir reserves 
6. Open Spaces ( as applicable ) 
7. Schools and community reserves ( as applicable ) 
8. Proposed landscape plans, topography plans 
9. the duty completed application forms 
10. the submission fees 
11. a cop of the relevant quit rent receipt
12. copies of the title deed . 

Planning Permission 

3. Upon receipt of the KM application ; the Town Planning Comittee will process the application and solicit the view/s comments from the relevant technical departments/ service corporations involved . 

4. the relevant technical department review and impose the partioculart technical requirements that need to be fulffilled these being forwarded to the Town Planning Committe. 

5. Upon receipt of the feedback from the relevant technical subcommittess involved , the Town Planning Committee undertakes a review and imposes the conditions as they deem fit for the development involved. 

6. the approval of the KM is then granted with its attendant condition byt he Planning and Building Control Department and the appicant notified accordingly . 

Engineering Plan Approval 

- All applications are prepared and submitted by the engineer, the submission being made to the City Hall Works and traffic Management Department . 

- Each application comprises : 

1. the necessary sets of plans , signed and certified by the submittin engineer together with the owner's details , eg signature, address etc ; such plans consisting of : 

a. location plan 

b. site plan shwoing th required details, eg exisitng contours, water courses, proposed formation level etc ; 

c. cross section showing details such as exisitng ground levels , proposed formation etc . 

d. soil investigation report 

e. earthworks specifications 

details on the calculation of the earthwork plus fees . 

f.details on the calculation of the earthwork plus fees 

g. te necessary forms duly filled in , eg form for moving earth out of site to another site for disposal ; 

h. any other details, forms , information expressly required. 

- Upon the payment of the necessary fees and if the application is in order, an approval is granted and communicated tot he applicant . 

- This stage of the approval process spans a whole range of legislative and procedural rules and requirements and necessitates the input of a host of professionals, designers and specialists. 

- As a prelude to the formal submission of the Building Plan for approval, based on the conditions contained int he DO approval and on the particular requirements of the technical departments concertned in the development process, the relevant plans are prepared and submitted to the said department . These consists of the following principal submissions : 

1. City Hall Building Control Department : submissions of plans for compliance to building by-laws and to obtain approval 

2. City Hall Sewerage Department : submissions of plans for sewerage and disposal requirements and to obtain approvals 

3. City Hall Parks and Recreation Department : submission of plans for landscaping equirements and to obtain approval 

4. City Hall Urban Services Department : submission of plans for refuse disposal requirements and to obtrain approval ; 

5. City Hall Works and Traffic Management Department : submission of plans for roads , drainage, earthworks, car parking layout and traffic flow pattern requirements and to obtain approval ; 

6. Drainage and Irrigation Department : submission of plans for main drainage requirements and to obtain approval 

7. Fire Services Department : submission of plans for fire safety requirements and to obtain approval 

8. Water works Department / Utilities Provider : submission of plans for water supply requirements and to obtain approval 

9. Teneaga Nasional berhad : submission of plans for electricity supply, sub-station requirements ans to obtain approval 

10. Telekom Malaysia berhad : submission of plans for telecommunication requirements and to obtain approval ; 

11. Federal Territory Land Office : submission of plans for compliance with land office requirements : 

12. Department of Environment : submission for compliuance with requirements pertaining to envirtonmental matters; 

13. Highway Planning Authority : submission for compliance with requirements pertaining to such authority 

14. Department of Civil Aviation : submission for complaince with requirements pertaining to such authority . 

* Proof of submission to the technical department and of the appplication to the utility providers need to be furnised to the Planning and Building Control Department 

* The application for Building Plan approval is submitted through architect and / or engineer , depending on the nature of the works to the Planning and Building Control Department . 

* Each application must comprise principaly of 

1. the required sets of Building Plans duly signed by the owner and the submitting person . 
2. a set of approved DO , site plans , sketch plan and any other plans expressly required such as earthwork plans , infrastructure plans , landscape plan etc . 
3. copy of the title deed . 
4. the relevant forms for submission , duly filled in ; 
5. the necessary plan / processing fee . 

- The Planning and Building Control Departrment processes the application and , upon receipt of the necessary reports / comments or approvals from the relevant technical departments and service corporations . utility providers , make a considered decisions ; 

- If all requirements are satisfied , the Building Plan approval is granted .