DPW 5B / SESI JUN 2018

DCP 6023
LAW & PLANNING PRACTICE

THE IMPORTANCE OF
SPECIAL FORCE

PN. NOORZILAWATI BT. MINGAT @ MINHAD

PREPARED BY :
 FATIN SHAHIRAH BT. NORAZAM
[03DPW16F1043]

 SITI FAIRUZ BT. NANYAN [03DPW16F1065]

 NURAMIRAH FARHANA BT. AHMAD TAMIZI

.[03DPW16F1063]
TREE PRESERVATION ORDER :

Town and Country Planning Department of

Peninsular Malaysia (Ministry Housing and Before making tree maintenance
Local Government) (1996) defines the commands the authority shall be
principal is individual plants and permanent satisfied that the decision for
plants that are in a normal state of survival issuing the order is expedient for
over the years on land convenience of convenience to
1 3 preserve the tree.

2 4
Other factors considered in considering whether a
tree is it should be protected including in terms of
its beauty, its contribution to the landscape of the
Section 35A (1) allows local planning
area, to be made from a scene
authorities to make tree preservation order for
unattractive, or it is the subject of the species
the purpose of preserving a law, principal or
experiencing extinction.
basic groups
THE PRINCIPAL PRESERVATION ORDER (1996) GUIDELINES STATED
TREE PRESERVATION ORDER MAY BE ISSUED FOR TREE :

1
Having the privilege of having the
aesthetic value bag , historical
value or associated with
dignitaries or specific event .

2 Threatened and categorized

into extinction

3 What is being discussed in any

other law as being need protection.
 SECTION 35A (2) A TREE PRESERVATION ORDER CONTAINS PROVISION:

To prohibit the felling of trees unless by

To ensure that trees are planted or replaced
by replanting in the manner determined by permission of written by local planning
the local planning authority. authority and subject to the conditions imposed
by the authorities .

 In accordance with section 35G local planning authority may at any time amend or cancel the tree
preservation order.

 The decision to amend or revoke a petition may be made in accordance with a planning permission
made under section 22(3)

 Proprietor of land which is principally subject to a tree preservation order may request written
permission from the local planning authority to chop down the tree.
 RESERVATION TOPOGRAPHY AND NATURAL AREA :

1 2

Under the amendment made under the

A1129 Act there is now a provision requiring
The advice of this council will be
a development proposal involving the area
submitted to the state planning
and the hillside located within the identified
department before the decision is made
environmentally sensitive area in the
whether to give planning permission or
development plan for the area to be
otherwise.
submitted to the State Physical Planning
Council for the advice of the council.
THE CONSERVATION OF HERITAGE BUILDINGS :

In 1976 the Ancient Objects Act (Act 168) was introduced as a government effort to safeguard the
country's historical heritage which included the various aspects include a site and a building
historic. The responsibility to carry out this task is generally located on Museum and Antiquities
Department.

There are also provisions for the preservation of old buildings and historic under the Local Government Act
1976 (Act 171). Anyway it quite limited and covers things about building maintenance or historical place as
provided for under section 101 The Act.

Act 172 provides several provisions for building and sites with historical privileges and architecture are
givenprotection to maintain and conserve. However, as well with trees, responsibilities pertaining to site
and building maintenance which are of historical importance and architecture are generally located on
the Parties State Authority and in particular to local planning authorities.
THE IMPORTANCE OF PRESERVATION OF SITES AND BUILDINGS OF
HISTORICAL AND THE ARCHITECTURE TOUCHED UNDER ACT 172 :

1
As a provision in the content of a
local plan at under section 12 (3)
(a) .

2
As a requirement in the
proposed development report
below sections 21A and 21B .

3
As a condition imposed by the
authorities local planners while
granting planning permission below
section 22 (5)
 State Physical Plan or State Authority make rules on protection of old monopolies and land and buildings
has a historical or architectural interest . In determining whether a site or building should be maintained .
Local planning authorities may take into account several aspects including :

a) For reasons of architecture or

urban planning, or as it may
describing an era of economic or
social history. This includes (c) Relate to any event or dignity
school buildings, administrative or
residential buildings.

b) Due to its relevance to any (d) Its value as a group, which

innovation or technology privilege represents the example good urban
such as tin mining activities planning, such as traditional villages,
and squares in the city.
THE AREAS OF SPECIAL ARCHITECTURAL AND HISTORIC
INTEREST :

1 2 3

In ordinary circumstances a
This is on the ground that Development activities include the
building has a historical value or
a person who wants to carry construction of buildings that are
the architecture should continue
out development activities involved building demolition. In
to be protected from
must be over previously other words no demolition work
development pressure as long as
obtained planning permission building is permitted unless written
local planning authorities do not
from the planning authority permission is obtained first
allow new developments
local. from local planning authorities.
run on the site concerned.
Related to the preservation of sites and historical interest buildings and is integrated in the development plan of section
12 (3) (a) to provide a local plan shall have a proposal for maintain and redirect the features and appearance of
buildings within the area the local plan. If translated in the context of basic content and
the proposed proposal should contain:

State Government policies or local

planning authorities concerning the
preservation of buildings and
historical interest sites and Action plan to carry out the above
architecture . maintenance work
1 3 building or site involved

2 4

Identification of areas and Short term and short term moves possible
listings of a site or building raising public awareness about the
has the historical value and importance of maintenance
architecture to be preserved our heritage.