Political pressure and administrative oversight have been cited as major causes of problems in the proper implementation of planning procedures for development projects.

Derek Fernandez, a lawyer who has previously handled cases involving planning laws and procedures, said local authorities feel pressured to approve projects for land alienated by the state or developed by state agencies.

"Often, they overlook the fact that they have an independent legal obligation to go through established processes under the Town and Country Planning Act 1976 (TCPA)," he told malaysiakini in a recent interview.

"The local authorities also fail to realise that the TCPA overrides the National Land Code (NLC) in the determination of land use. The NLC only governs land ownership."

He was commenting on laws and procedures pertaining to the recent debacle surrounding Bukit Cahaya Agriculture Park in Shah Alam, which has revealed weaknesses in the project approval mechanism.

The Petaling Jaya-based legal advisor to several residents associations explained that, before land is alienated and its use endorsed on the title, planning approval must be obtained from the local authority.

"This must be in accordance with the structure or local plan. Where neither exists, the TCPA requires a public inquiry to be held where land use is to be changed or altered," he said.

To prevent abuse of the approval mechanism, he suggested that the development order be withheld unless a local plan is prepared with public participation.

"Although planning is not rocket science, ad-hoc planning has been talking place for 20 years and we're seeing the results of it today in the form of environmental damage, for example."

Describing the situation as "a clear and present danger", Fernandez suggested that local authorities be placed under federal government purview and all staff be designated as civil servants.

"Alternatively, hold local government elections," he added.

Permanent status

He further said representatives of the federal planning unit and residents associations should be given permanent status on planning committees of local authorities, while there should be strict enforcement of the TCPA.

"The National Physical Planning Council should also issue a directive to state governments and district land offices to the effect that there can be no approval for change of land use unless there is planning approval," he said.

Section 21a of the TCPA requires a developer to submit a development proposal report in order to obtain planning approval from a local authority.

The developer must not only include land ownership details but also, among others, a description of the land, a survey of the trees and all forms of vegetation, building details and the potential effect on neighbouring land.

The provision empowers the local authority to include a request "an analysis of the social implications of the development" in the area earmarked for development.

Fernandez proposed that any application for change of land use and de-gazetting (under the NLC) must be advertised in newspapers and be subjected to a public inquiry.

"There should be no more reason or justification for ad-hoc development, something which the TCPA is designed to stop. This would also reduce opportunities for corruption," he said.

'In fact, every citizen and developer should know beforehand the land use of surrounding areas in order to make informed investment decisions."

In addition to the certainty brought about by proper project approval, he said proper planning would enable better infrastructural development over the next 10 years.