Professional Documents
Culture Documents
PREPARED BY:
ANWAR BIN SURAN
2012977513
CHECKED BY:
ASSOC. PROF. AHMAD FUZI BIN ARSHAD
Abstract
Since independence, the role of the Local Authority has undergone various
transformations in the current process of the country's rapid development. Starting as
an institution that plays a key role in the implementation of the law, maintain order and
as key government tax collectors, its role has evolved into a dynamic agency
coordination and thus act as a catalyst, the main planner and implementer of
economic progress and development in the district .
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
Preface
We would like to start with a word of thanks for the people who have made it possible to write
this assignment. Firstly we would like to thank Assoc. Prof. Ahmad Fuzi Arshad for getting me in
touch with useful contacts and giving me suggestions and advices during the writing-process.
I’m also would like to say thanks to my entire friend that have teach me during writing this
assignment.
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
Abstract 1
Preface 2
1.0 Introduction 4
6.0 Conclusion 21
List of References 22
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
1.0 Introduction
City Hall is the Municipal Council upgraded the city after gather the criteria
among the total population of at least 500,000 people and annual
revenues of local authorities should be more than RM100 million.
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
Council focused on the city (urban) as compared with the District Council
and has a population and result in excess District Council. Criteria for
Municipal Council is the total population of more than 150,000 people and
annual revenue of more than RM20 million
Total of local authorities are 149 (including City Hall), the 12 Hall / City
Council (DB / MB), 39 Municipal Council (MP) and District Council 98
(MD). Last is the Putatan District Council and District Council Pitas,
Sabah. There are also some other body authorized by the respective
State Government to perform the functions of local authorities such as:
PBT Kulim Hi-Tech, Putrajaya Corporation and others.
The legal basis for local government (Local Authority) as provided in Item 4 of
List II of the Ninth Schedule of the Federal Constitution as a matter under the
jurisdiction of the State Government has exclusive rights over the local
government.
National Council for Local Government serves as the body that formulates
national policies in local government. There are some laws that apply at the level
of local authorities such as the Local Government Act 1976 (Act 171), Town and
Country Planning Act 1976 (Act 172) and the Street, Drainage and Building Act
1974 (Act 133). There are also laws such as the Law of the Uniform Building Act
1984, the Street, Drainage and Building Act 1974 (Act 133) and Planning Control
Rules (General) provided under Act 172.
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
Local authorities as defined in the Local Government Act 1976 (Act 171),
means the City Council, Municipal/District Council, as the case may be
and the Federal Territory of Kuala Lumpur means the mayor appointed
under Section 3 of the Act Federal Capital of 1960.
Local Government Act 1976 sets out many activities that can be carried
out by local authorities. This includes mandatory functions and also based
on a superintendent's discretion. However, local authorities can receive
additional functionality by providing law about it. There are four types of
functions commonly performed by a local authority that:
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
2.3.2 Under the Town and Country Planning Act 1976 (Act 172)
Legal requirements of the local authority is under section 5 (1) of Act 172.
Here, the local authority, the authority established under the Local
Government Act 1976 (Act 171), shall be the local authority under Act
172. This means that local authorities other than performing traditional
tasks, local authorities should be the local authority and responsibility for
planning and developing the area in the context of national development.
The Act also provides that for any area that does not become part of any
area of the local authority, the State Director of Town and Country
Planning Department shall be the local authority for the area.
The main task is to be responsible for the development and use of land in
the area. The duties of the local authority are:
i. To regulate, control and plan the development and use of all land
and buildings in the area;
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
172 of this Act, a local planning authorities have an important role and
responsibility to plan and drive towards developing the area under their
jurisdiction.
Thus, the role of the local authority to see the increase in the need to
adjust in order to function as a local authority is not only a 'facilitator' to
development should even be able to fulfill the aspirations and demands of
the population. Role should be carrying out by the local authority,
including:
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
The concept of local government covers a fairly wide field. Someone is going to
need the services of local government throughout its life. In general, local
government units are entrusted with the task of monitoring public health,
collecting revenue and do engineering work such as repair of roads and drains.
Reorganization of local government in Malaysia is an effort made to strengthen
the structure and organization of all local authorities in the country.
The factors that prompted the government to restructure the local authorities in
Malaysia which are:
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
Urban planning (urban, city, and town planning) is a technical and political
process concerned with the control of the use of land and design of the urban
environment, including transportation networks, to guide and ensure the orderly
development of settlements and communities (Wise Geek, 2013). It concerns
itself with research and analysis, strategic thinking, architecture, urban design,
public consultation, policy recommendations, implementation and management.
i. Studying Infrastructure
As urban sprawl continues to trouble communities, planners often
find themselves working to alleviate traffic problems by dealing
with issues from road placement to installation and expansion of
public transportation. They must also make decisions and
recommendations on the placement of sewer and water pipes, as
well as look at other sorts of social infrastructure from schools to
airports to libraries. They may then prepare information for
decision makers on the capacity of a given area to handle a new
influx of residents.
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
Large cities, towns and even small neighbourhoods do not spring up overnight.
They are the result of careful planning by civil and design engineers, project
managers, architects, environmental planners and surveyors. The integration of
these disciplines is known as urban development.
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
According to Santamouris (2006) stated that, liveable or liveability is the sum of the
factors that add up to a community’s quality of life-including the built and natural
environments, economic prosperity, social stability and equity, educational
opportunity, and cultural, entertainment and recreation possibilities.
Therefore, livable urban environment is the high quality of life in term of economic
prosperity, social stability and equity, educational opportunity, cultural
entertainment, and recreational possibility within the city.
According to Beatley (2000) stated that, there have 10 criteria that need to carry
out about Liveable Urban Environment which are:
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x. Design Matters
Design excellence is the foundation of successful and healthy
communities.
5.1 How Action that use by Local Authority in Planning and Managing the
Urban Environment?
Local Authority has their power in order to plan and manage the city in achieving
livable Urban Environment. There are 4 techniques based on Town and Country
Planning (172) Act which are:
The other duties of the local authority are directed from time to time in the
administration by the State or the State Planning Committee. One of them
is the responsibility of local plans as provided under Part III of the Act 172.
Act 172 provides the power of local plans and special area plans (RKK)
are provided by the local authority. Local plan is a complete document
containing a map and a complete written statement stating the proposals
local planning authorities to develop and use the land in the local plan.
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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment
RKK are provided by the local authority or the State Director of Town and
Country Planning Department on its own after being ordered by the State
Planning Committee to propose a special area designation for special
treatment of detail with respect to the way forward, reconstruct, improve,
preserve or express a management practices and the type of treatment to
be proposed for the area. The RKK can be provided at any time, during
the preparation or the commencement of a structure plan or local plan.
Act 172 provides that the processes and procedures of the preparation of
this RKK must be provided as well as the enforcement processes and
procedures such as a local plan.
Part IV of the Act 172 contains the provisions of the regulation to enforce
the actual planning. Section 18 of Act 172; for example, prohibit a use of
land or buildings except in accordance with the local plan. Section 19
prohibits with certain exceptions for development initiated, pursued or
carried out without planning permission. As local authorities are the local
authority to grant planning permission authorities for a project, then all of
the applications to develop land and erecting buildings must apply for
planning permission to the local authority [sub-section 21 (1)].
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Section 30 gives power to the local authority with approval of the State to
require a land use is stopped, impose conditions for continued use of
land, or to require buildings or changed jobs. Any owner of land affected
by the exercise of the power shall be entitled to compensation and to
appeal to the Appeal Board against the forces of the journey and on the
amount of compensation offered by the local authority.
Therefore, this shows that, Act 172 provides full power to the local
authority to implement control and preventive measures against the
development of land in this country. Policies that form the basis of these
provisions is the extent to which in fact may not be contrary to the
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Part VIII enable local planning authorities to develop their own special
area in accordance with the local plan. Section 38 provides that if a local
plan has been received for an action area, the local authority may declare
the area or any part as a development area. Therefore it is the duty of the
local authority to purchase all the land in the area and develop the area in
the local plan.
Section 41 provides that the local authority to employ agents, enter into
arrangements with any person, company or body or set up a body for the
purpose of developing an area of progress. The local authority with the
approval of the Chief Minister to set up a corporation to exercise control or
management of a project to develop an area declared as a special area.
Through the powers conferred under this section, a local authority can
implement their development projects.
Section 43 gives power to the local authority to sell, rent, or otherwise any
land or property that has developed in the area of progress. This is where
real role should be played by the local authority as an agent of
development land. However, this role is not played by many of the local
authority at present. Neglecting of sections 41 and 38 is actually a loss to
the local authority itself, because often these projects will increase the
value of the land involved in the development, thus helping to increase the
income of the local authority.
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5.2 What is the Role of Local Authority in Creating Livable Urban Environment?
With the real estate sector growing at a rapid pace in developing countries
like Malaysia, adopting green approaches to planning, designing and
operating buildings and developments to accommodate growing
populations that will help promote resource efficiency will play a crucial
role. Green building principles encompass all aspects of sustainable
development and enable cities to understand and control their small- and
large-scale impacts on land use, water, energy, air quality, material
resources and human health.
Urban decay is when an urban area falls into disorder and disrepair, and
is usually accompanied by growing levels of unemployment, poverty,
crime and political marginalization such like at Ipoh Old Town. New
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This concept calls for an overall reduction in resources and energy used,
increase in the ratio of recyclable materials and further reuse of raw
materials and manufacturing wastes. Local authority can influence
recycling through various policies which include landfill bans, mandates,
incentives, and disincentives, subsidies, deposit laws, advance disposal
fees, packaging policies, producer responsibility laws, low‐interest loans,
grants and tax breaks or through government campaigns and awareness
generation programmes that encourage eco-friendly consumption habits.
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6.0 Conclusion
In the nutshell, it is bestowed that the local authority truly is important in giving out best
services of planning and managing to create sustainable and liveable urban
environment. Through the provision of acts and statutes, the local authority can perform
their obligation in developing their area more efficiently. All the residents are needed to
help local authority in their work and must also become law abiding residents.
Development of an area is not easy and it is tedious but this condition can be overcome
if good governance of local authority is carried out. In the end, all must know as local
authority is the third tier of government and is the closes to the residents, their duties
being carried out will become much more efficient by the hands on approach and site
visits done will reflect whether their efforts all this while has paid off.
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List of References
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Article 95A, Constitution of Malaysia. Retrieved 25 Jun 2013.
Beatley, Timothy. (2000) Green Urbanism: Learning from European Cities. Washington, DC: Island Press,
Bennett, C.J., & Howlett, M. (1992). The lessons of learning: Reconciling theories of policy learning and policy
change. Policy Sciences, 25, 275-294.
Bernstein, S. (2002). Liberal environmentalism and global environmental governance. Global Environmental Politics,
2(3), 1-16.
Bramwell, B., & Lane, B. (1993). Sustainable tourism: An evolving global approach. Journal of Sustainable Tourism,
1, 1-5.
Butler, R.W. (1991). Tourism, environment and sustainable development. Environmental Conservation, 18, 201-209..
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Criteria Status for Local Authority". Local Government Department. 30 June 2011. Retrieved 25 Jun 2013.
Demeritt, D. (2006). Science studies, climate change and the prospects for constructivist critique. Economy and
Society, 35, 453-479.
Dovers, S. (1995). A framework for scaling and framing policy problems in sustainability. Ecological Economics, 12,
93-106.
Norris, M. W., Local Government in Peninsular Malaysia, David Green Printers, Kettering, Northants, 1980.
th
Merriam Dictionary Online, available at www.merriam.com, Retrieved 25 Jun 2013.
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Relationship between the Ministry of Environment and Public Health and Local Authorities Retrieved 25 Jun 2013.
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Relationship between the Ministry of Environment and Public Health and Local Authorities Retrieved 25 Jun 2013.
Report of the Royal Commission of Enquiry into the Working of Local Governments in West Malaysia, Government
Printer, Kuala Lumpur, Malaysia 1972
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Saravanamuttu, J., The Snuffing Out of Local Democracy in Malaysia, Aliran, 2000. Retrieved 25 Jun 2013.
Singh, G., Land Laws, Land Policies and Planning in Malaysia, Urban Management Programme Regional Office for
Asia–Pacific, August 1994.
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Smart Growth Network, www.smartgrowth.org, Retrieved 25 Jun 2013.
Urban Development and Management , e-How website available at www.eHow.com (Accessed on 3th July, 2013)
UN-Habitat, WACLAC (2003) ‗Partnership for Local capacity Development; Building on experiences of City-to-City
Cooperation.
Wise Geek Online about Urban Planning available at www.wisegeek.com (Accessed on 3th July, 2013)
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