Legal effects of development plans in decision making process

Abstract

The planning system regulates the development and use of land in the public interest. The system as a whole, and the preparation of development plans in particular, is the most effective way of reconciling the demand for development and the protection of the environment. Planning decisions on proposals to build on land, or change its use, should not be arbitrary. They must be considered against clearly set out criteria. The statutory development plan provides the primary basis for this consideration, therefore, forming the essential framework for planning decision-makers to rely upon in executing their functions. This is reflected in a number of statutory provisions found in Town and Country Planning Act 1976. This thesis analyzed and discussed in detail the operations of these provisions. With the increasing weight being placed on the plan as the major factor in the determination of planning applications, it is increasingly likely that there will be a greater number of challenges to the way in which the plan has been prepared and adopted by the local planning authority. This thesis examines the developments in English law in relation to the various challenges and constraints posed on the implementation of development plans that could be used as reference for the Malaysian. Finally, a few recommendations are presented to ensure efficient and effective planning delivery system.