Development Control and Guidelines

By

Norliza Hashim Malaysian Institute of Planners

30th October 2008 Sheraton, Subang Jaya

DEVELOPMENT CONTROL
What is Development Control?
Development Control or Planning Control is the element of the Malaysias system of Town and Country Planning through which local government regulates land uses and new building. It relies on the "plan-led system" whereby Development Plans are formed and the public consulted. Subsequent development requires Planning permission, which will be granted or refused with reference to the Development Plan as a material consideration.
Development means the carrying out of any building, engineering, mining, industrial, or other similar operation in, on over, or under land, the making of any material change in the use of any land or building or any part thereof, or the sub-division or amalgamation of lands; and develop shall be construed accordingly; Planning Permission means permission granted, with or without condition, to carry out development;

TOWN AND COUNTRY PLANNING IN MALAYSIA

The Town and Country Planning Act 1976 (Act 172) states that: Sect 19 (1) No person, other than a local authority, shall commence, undertake, or carry out any development unless planning permission in respect of the development has been granted to him under Section 22 or extended under section 24 (3).
ACT 172 - TOWN AND COUNTRY PLANNING ACT 1976, Rules and Regulations under Act 172

Regulates and forms the planning system in the country.

The Federal Constitution - Concurrent matter under 9th Schedule.

Town and Country Planning Act 1976 (Act 172) Town and Country Planning (Amendment) Act 1993 (Act A866) Town and Country Planning (Amendment) Act 1995 (Act A933) Town and Country Planning (Amendment) Act 2001 (Act A1129)

MALAYSIAS DEVELOPMENT PLANNING SYSTEM

Regulate urban growth and development to achieve a balanced and sustainable urban development.

NATIONAL MISSION
Vision 2020 Ninth Malaysia Plan National Urbanisation Policy

National Planning Physical Council

Chairman ; Prime Minister Secretariat : DG TCPD

National Physical Plan State Structure Plan Local Plan Regional Growth Development Area Special Area Plan

State Planning Committee

Chairman ; Chief Minister Secretariat SD TCPD

State Planning Committee Local Planning Authority

Chairman ; Chief Minister Secretariat : SD TCPD

State Planning Committee Local Planning Authority SD or Town and Country Planning Department

SELANGORS STATE DEVELOPMENT VISION

Selangor States Vision

SELANGOR AS A DEVELOPED STATE 2005

In Line with

Selangor Sustainable Development Strategies

Economic Reformation and When Development Takes Into Consideration The Serious Impact On The Environment, Natural Resources and The Local Communities

Selangor Agenda 21
A Comprehensive Action Plan That Translate The States Sustainable Policies To Various Programmes and Activities That Shall Be Undertaken At All Adminisitration Levels

SELANGORS SUSTAINABILITY AND THE NUP

NATIONAL URBANIZATION POLICIES
NUP GOAL : TO CREATE A VISIONARY CITY WITH A PEACEFUL COMMUNITY AND LIVING ENVIRONMENT THROUGH SUSTAINABLE URBAN DEVELOPMENT.
THRUST 1: AN EFFICIENT AND SUSTAINABLE URBAN DEVELOPMENT. THRUST 2 : DEVELOPMENT OF AN URBAN ECONOMY THAT IS RESILIENT, DYNAMIC AND COMPETITIVE. THRUST 3 : AN INTEGRATED AND EFFICIENT URBAN TRANSPORTATION SYSTEM. THRUST 4 : PROVISION OF URBAN SERVICES, INFRASTRUCTURE AND UTILITY OF QUALITY. THRUST 5 : CREATION OF A CONDUCIVE LIVEABLE URBAN ENVIRONMENT WITH IDENTITY. THRUST 6 : EFFECTIVE URBAN GOVERNANCE. The NUP will be the main thrust for all urban planning and development activities in Peninsular Malaysia including development plans at the state and local level. This policy will outline the thrust, policy, measures and implementation plan to coordinate and manage the urbanisation process of the country.
. particularly to handle the increase in the urban population by 2020 with emphasis on balancing the social, economic and
physical development within urban areas.

KEY PRINCIPLES AND CHALLENGES OF DEVELOPMENT

FOUR FUNDAMENTAL PRINCIPLES :
GROWTH

CHANGE
PROGRESS EVOLVE

MEETING CHALLENGES : TO IMPROVED SOCIAL WELL BEING TO PROVIDE FOR QUALITY LIVING TO PROTECT THE ENVIRONMENT

REINVENTING PLANNING
Todays Urban Issues :
Increase urban population (in-migration) Urban poverty, Crime in the city Urban heat islands in the urban areas New Urban Planning Paradigm shift to managing human settlements Proactive and Focused on Sustainability Connecting People, Economic opportunity and environment

TRADITIONAL PLANNING PHYSICAL PLANNING

(left behind by urban change)

NEW URBAN PLANNING - Innovation, Knowledge Transfer and Capacity Building of 21st century urbanisation DEVELOPMENT MANAGEMENT - Advocates best practices, involves public in decision making

DEVELOPMENT CONTROL
(Planning Control)

NEW URBAN PLANNING

MEETING NEW NEEDS IN DEVELOPMENT
Public Consultation

DEVELOPMENT PLAN Flexible and Adaptable to Changes Dynamic High Level of Compliance Design Guide Plans and Design Guidelines

PLAN MAKING New Products New Standards Innovative Solutions

DETAIL PLANS Urban Design 3rd Generation Plan Making

ZONING DISTRICTS IN DEVELOPMENT PLANS

Objective
1. To allow flexibility in the zoning system to accommodate changes in addressing challenges of rapid urbanization; 2. To respond to new emerging trend in development such as mixed use development etc.

[An Example : City of Portland, Zoning District]

USE CLASS SCHEDULE

ZONING DISTRICTS IN DEVELOPMENT PLANS

USE CLASS SCHEDULE

[An Example : City of Austin]

ZONING DISTRICTS IN DEVELOPMENT PLANS

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. CCC DCC NCC
C City Centre Commercial District Centre Commercial Neighbourhood Centre Commercial

Commercial
Mixed Use Commercial Mixed Use Residential

MXC MXR MXCI R1 R2 R3 EHA PH

I

Mixed Use Commercial Industry

Residential 1 Residential 2 Residential 3

Established Housing Area Public Housing

Industrial Technology Park

TP PI1 PI2

Public Institutional Private Institutional

Public Open Space
Private Open Space Forest Reserve

17.
18. 19.

OS1
OS2 FR WZ

[An Example : City of Kuala Lumpur]

USE CLASS SCHEDULE

20.

White Zone (community facilities and infrastructure / utility)

ZONING DISTRICTS IN DEVELOPMENT PLANS

KLDCP 2008 ZONING SCHEDULE

ZONING DISTRICTS IN DEVELOPMENT PLANS

INTENSITY CONTROL IN PLANNING & DEVELOPMENT

Plot Ratio Control for Residential, Commercial, Industrial & Mixed-Use Development.

Plot Ratio controls allows for better Floor Area Requirement (FAR) control where maximum allowable built up is already generated from the plans.

Hospital Kuala Lumpur

KLCC

Max 0.5 Max 2 Max 3 Max 4 Max 5 Max 6 Max 7 Max 8

Tasik Perdana

KL Tower Bukit Bintang

Masjid Negara

Pudu

3RD GENERATION PLAN MAKING SCHEMATIC URBAN DESIGN AND PLOT BRIEF
Urban Design plays a central role in achieving the sustainable city
MASSING PUBLIC REALM SPATIAL STUDIES

Urban Design is about determining the location, Height and Shape of Buildings

Urban Design particularly focuses on the design of that part Building in the first few stories as well as adjacent landscaped areas, trees and sidewalks

Urban Design particularly focuses on the design of the Public Realm parks, plazas and streets

3RD GENERATION PLAN MAKING SCHEMATIC URBAN DESIGN AND PLOT BRIEF
KEY Lot Boundary Line

Buildable area
Traffic lane/flow Tree Line Sidewalk Pedestrian Crossings Traffic light Kerb Cut Zone Bus Stop Visibility/Clear Cone Vehicular Lay-by

PRE-COMPUTATION AND SITE INFO

KEY Lot Boundary Line Build-To-Line Setback Line Ground Floor Perimeter Verandah Preferred Lobby Location Vehicular Access Pedestrian Access Special Wall Treatment Parking Access Service Zone

LOCAL CONTEXT

KEY Lot Boundary Line Drop off zone Open space coverage Surface Parking Zone

HORIZONTAL CONTROL ZONE

LANDSCAPE CONTROL ZONE

UNDERSTANDING GROSS FLOOR AREA THE GFA AND INCENTIVES FOR BETTER BUILT ENVIRONMENT
GFA or Gross Floor Area refers to the total built up area of a building allowed on a plot of land.
The GFA includes all covered floor areas of a building, except otherwise exempted and uncovered areas for commercial uses are deemed as Gross Floor Area of the building. Gross Floor Area is measured on the overall dimensions of the building or part of the building on each floor below and above ground and includes internal and external walls.

It includes : Stairs and lift shafts Corridor and covered passages by which there is no public right of way Conference rooms, board rooms, directors rooms, assembly rooms and libraries. Computer room Changing rooms and lavatories Canteens, restaurants, kitchens etc Basement with activity generating uses

It excludes : Basement car and motorcycle parking accommodations

UNDERSTANDING GROSS FLOOR AREA THE GFA AND INCENTIVES FOR BETTER BUILT ENVIRONMENT

Differentiating GFA and Non GFA Area

Non GFA areas must promote :Public realms/spaces for public use within buildings. Spaces that contributes towards public access and connectivity eg linkways between buildings . Spaces that enhances micro climate of the area eg. Sky terraces, roof gardens, balconies (that encourage heat exchange), overhangs that provides shade and comfort to pedestrian walkways.

GFA Schedule

PLANNED COMMUNITIES - PLAN FOR WORK, LIVE AND PLAY

Develop Catalyst projects that generate employment local or regional scale of employment. Catalyst project that create demand for variety of types of housing Create sustainable densities that create demand for retail activities, use of

amenities as well as demand for public

transport.
Eg. Springfield
Site Area 2860 hectares (7.4 km x 5.7 km) Projected pop 60,000 Current pop 12, 480 Includes a number of developments such as Springfield Lakes, Brook water, Springfield, Bridgewater Chase 320 hectares Springfield Central town centre includes education precinct, health precinct USQ campus, student accommodation village, child care facility

SYNERGY OF CLUSTER & SUPPORT SERVICES

PRELIMINARY ESTIMATES -INDICATIVE DIRECT JOBS CREATED FUSION POLE
Proposed Theme Park: Proposed R&D Park: Multimedia & R&D International Trade & Exhibition: Hotels & retailing: Commercial & Business Transport Terminal Cumulative Total: 800 6,200 6,000 500 1,800 28,800 100 44,200

FREIGHT VILLAGE
Manufacturing SME Logistics & Warehousing Truck Park Transportation Terminal Commercial Center Cumulative Total : 4,300 5,000 100 100 7,800 3,500 1,200 600 4,400 200 4,100 2,100 1,300 1,400 5,400 4,700 1,500 100 200 27,200

WELLNESS & MEDICARE

Main Hospital Specialist Geriatric Hospital Specialists Outpatient Nursing Home & Palliative Laboratories, Day Care Training & Education Wellness Center Spas, Hotels, Entertainment Local Commercial Centers Medical Manufacturing Research Incubators Golf Course/Private School Retirement Villages Cumulative Total:

VARIETY IN HOUSING TYPES

Provides Choice for Communities Mixed Densities - Cross subsidies development Create interesting built environment Better social integration
HOUSING CHALLENGES
Housing density
- need for increase in density (regional plan)

Housing diversity
Cater to changing housing needs of different demographic groups

Affordable Housing
Challenge to provide affordable housing

AFFORDABLE HOUSING
PROMOTE ALTERNATIVE SOLUTIONS TO LOW COST HOUSING Mixed Income Housing Mixed Use Affordable Housing and Commercial Non-Market Housing

Enhance Quality of Living Shared Community Facilities Making provision more viable Caters also for transient population

Reduce squatters and slums within inner city

Current Provision of Low Cost Housing Policy - 30 % Low Cost - 20 : 10 : 20 Ratio

AFFORDABLE HOUSING
Locate within high density area for Inner city affordable housing area. Near Public Transport Routes

Non-Market Housing to be undertaken

by PBT or specific government agencies Mixed Income Housing has mixed ratio between the 20:20:10 within one area or Mixed with other types of Housing i.e. 20 + Medium Cost, 20 + High Cost

etc.
Mixed Use 50 Residential : 50 Commercial Ratio for Highly urban area or 70 R : 30 C for semi-urban area

PLANNING FOR MIXED USES

Why Mixed Use
1. To encourage residential uses in Urban Areas. 2. To support development of public transport network. 3. Cost effective development. KEY ISSUES IN IMPLEMENTATION No such provisions under the NLC. No planning guidelines to cater for mixed uses eg. parking guidelines etc. The need to control intensity by GFAs as against densities.

4 Common Categories of Mixed Use Zones

1. Mixed Use Commercial Zone [Predominantly commercial] 2. Mixed Use Residential Zone [Predominantly Residential) 3. Mixed Use Zone [Commercial, Residential and Service Industry] 4. Mixed Use Commercial & Industrial Zone

PLANNING FOR MIXED USES

Onsite Courtyards & Landscaped Amenity Spaces

4m 2m
2m 4m

15m Sidewalk & Setback Dimensions +

PLANNING FOR SOHO

What is SOHO?
1. Small Office Home Office and people who works from untraditional office. 2. SOHO is predominantly for office use, where residential use is allowed ancillary to the office use. KEY ISSUES IN IMPLEMENTATION No planning guidelines to cater for SOHO

Common Characteristics
Flexible Spatial Layout Residential-quality finishes Determine Business Types No of employees unlimited

The first of its kind and only purpose-built office homes in Singapore, SOHO (Small Office Home Office) at Central is a new and innovative workspace prototype: office units of approximately 50 to 110sq m that can double up as cozy living spaces.

PLANNING FOR ENERGY EFFICIENCY

KEY ISSUES IN IMPLEMENTATION Incentives needed Energy Efficiency Through Passive Design. Reduce Energy Consumption In Buildings. Enhance user comfort

Innovative and efficient design that considers energy conservation.

Low energy housing, electricity saving, district heating & renewal energy
VENTILATION
Jackroof design to facilitate stack effect. Hot air rises and cool air rushes in to take its place

WATER Rainwater harvesting by collecting rainwater in water tank for gardening, washing and toilet flushing. INSULATION Tinting cuts down solar heat gain into building

VENTILATION Timber louvres

Application of cooling techniques

-Jack roof design that creates a stack effect allows for air exchange. - Use timber louvers - Large overhangs - Tinting of glass

Rainwater Harvesting Reuse Water

PLANNING FOR SAFE COMMUNITIES

Is Gated Community The Solution Towards a Safe Community?
Gated Community Key Features

Security by CCTV Surveillance by Security Services Management Corporation Efficiency? Cost? And Who Regulates them? Create Exclusive Community Big box - reduces permeability and discourage walkability beyond gated area Community facilities exclusive use and 2nd hierarchies facilities only

PLANNING FOR SAFE COMMUNITIES

Crime Prevention through Environmental Design (CPTED)
ACTION IMPLEMENTATION Community participation and partnership Applying CPTED to existing facilities and public initiatives
CPTED is a crime prevention philosophy based on proper design and effective use of the built environment leading to a reduction in the incidence and fear of crime, as well as an improvement in quality of life[1].
[1] New Zealand Ministry of Justice, National Guidelines for Crime PreventionThrough Environmental Design for New Zealand.

i.e Community Participation and Partnership LPA can act as facilitator and work in partnership with the following agencies/bodies to develop Safe City Initiatives for the cities. (e.g. Malaysian Crime Prevention Foundation, Police, Residents associations, Special interest groups.) Applying CPTED to Existing Facilities and Public Initiatives In implementing CPTED, an action plan and priority areas for action should be formulated. Priority areas are public spaces including:- Public car parks, Public toilets, Bus stops and shelters, Pedestrian paths, alleyways and cycle routes Regulatory Initiative - These design principles should form part of the comprehensive urban design guidelines for a City.

Regulatory initiatives
LOCAL AUTHORITY POLICIES

An Urban Design Framework together with a comprehensive set of Urban Design Guidelines to ensure public safety and health and designate a body responsible fo implement and coordinate with other relevant authorities.

PLANNING FOR SAFE COMMUNITIES

EXTERIOR BUILDING DESIGN
Buildings design and treatment can minimize crime by reducing opportunities for entrapment, concealment and vandalism.

Storefront near street

Houses addressing street

PROVIDE PEDESTRIAN NETWORK

STREET A - Public Access Pedestrian Priority 30 feet STREET B - Private Access Entrance to Properties 30 feet STREET A - Public Access 50 feet

Key Issue Double Frontage 30 feet Road shall not be maintained by PBT

PROTECTING GREEN FIELDS

Setting Urban Limits Transfer Development Rights Incentives for Brownfield Sites higher densities and plot ratio
Economic and Spatial Initiatives

DAERAH KOTA TINGGI

Kulai Ulu Tiram

DAERAH PONTIAN

Skudai

Nusajaya

Johor Bahru SINGAPORE

Tg. Langsat

Tg. Pelepas

Primary Urban Promotion Area Secondary Urban Promotion Area

Secondary Promotion Areas The main nodes are:Aviation Logistic hub and airport in Senai; and University Technology Malaysia in Skudai

Agriculture and Tourism PromotionAgriculture and Tourism Promotion A Areas Protects Environment Supports Food Industry Cluster Enhanced village settlements with Infra & Utilities

PARTICIPATORY PLANNING PROCESS

Participatory planning is fundamental to building a new and more inclusive planning practice.

Participatory planning moves towards creating a partnership in planning

It is also a Reformation of how our organizations can work with each other, Participatory planning also provides for a plan that would reflect upon local values and will be specially designed specially for that community, Empowerment to the Public to decide on how they should live.

CO-OPERATIVE PLANNING

Public/Private Designers The Mayor TheThe Community Developer

 JOINT DESIGN EXERCISES

THANK YOU www.mip.org.com mip@mip.org.com/lizahashim@gmail.com

SELANGORS URBANIZATION SCENARIO

Selangor fastest growth in GDP i.e. 6.4% per annum; Highest mean monthly income @ RM 5175.00;

Selangors population is 4.26 million in 2005 @ a density of 5 persons/ha (Petaling 24.4 persons/ha) Highest growth rate @ 6.1%(19912000); Urbanisation rate is second highest after Kuala Lumpur @ 88.4% in 2005 and targeted to be 89.1% in 2010;
Selangor as part of Kuala Lumpur Conurbation;

KLIA Planned As A Major Hub to support 100 million passengers;

Port Klang serves as the nation's transshipment port and distribution centre.

ADOPT UNIVERSAL DESIGN GUIDELINES

DESIGN FOR THE PHYSICALLY CHALLENGED
The design of the built environment, which includes internal and external of buildings and pedestrian facilities, shall cater for a barrier-free environment to cater for the independence, convenience and safety of all people. The design for barrier free shall include the followings: Urban design consideration for barrier free environment Designing a barrier free building Providing an accessible public transport system

Urban Design Consideration for Barrier Free Environment

Obstruction to path of travel Signage Design Design of Pathways

Standards for Curb Ramps

Pedestrian Crossing and facilities

Parking provision and design standard

CREATING IDENTITY
Todays Popular Feature of Townships Golf Course Parks and Landscape features Water Features Gated and Security Great Architectural concepts Balinese, Tropical, Modern Lifestyles

USE LOCAL IDENTITY T0 DIFFEREINTIATE DEVELOPMENT Heritage Value Conserve Natural Land Feature/Profile Local Culture

PLANNING FOR SAFE COMMUNITIES

PROVIDE GOOD LIGHTING STANDARDS

Lighting can increase the perception of safety and deter crime. Lighted area allows people to have own surveillance of the area and provide consciousness to the criminal that the crime can be witness by other people.

Provide wide circle of illumination that meets the text and provide lighting that considers the vegetation location to ensure that the area of illumination is maximized

Multiple lights provide for consistent levels of lighting