An evaluation of planning appeal system of selected states in Malaysia

Planning appeal is recognised as a duel platform for aggrieved applicant against the local planning authority decision on planning application. However, to date , very little stud y has been done on the planning of the appeal system in Malaysia to determine the efficiency of the system. Thus, this r...

Full description

Saved in:

Bibliographic Details
Main Author:	Jamaludin, Adilah
Format:	Thesis
Language:	English
Published:	2019
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/81757/2/AdilahJamaludinMFABU2019.pdf
Tags:	Add Tag No Tags, Be the first to tag this record!

id	my-utm-ep.81757
record_format	uketd_dc
spelling	my-utm-ep.817572019-09-29T10:53:47Z An evaluation of planning appeal system of selected states in Malaysia 2019-03 Jamaludin, Adilah TH Building construction Planning appeal is recognised as a duel platform for aggrieved applicant against the local planning authority decision on planning application. However, to date , very little stud y has been done on the planning of the appeal system in Malaysia to determine the efficiency of the system. Thus, this research reviewed the planning appeal process and practices to determine suitable criteria for measuring the performance of an appeal delivery system in Malaysia. Review of literature indicated that six criteria can be employed to assess the efficiency of the Appeal Board mechanism, namely time taken for appeal process ; expertise of the Appeal Board; manner of proceedings; access to justice; cost of just ice; and evidence and procedure. Besides, the research identified the challenges and problems associated with the planning appeal practice. Finally, measures are recommend ed to improve the performance of the planning appeal delivery system. Using an exploratory research design, this research collected data from inter views and document analysis involving both qualitative and quantitative data. 588 cases were reviewed to determine time taken to resolve the cases and another 100 cases were studied for the decisions . The Penang, Perak , Johor and Selangor Appeal Boards were used as the case study. Indepth interviews containing 3 sections; perceptions on Appeal Board practices and process, criteria to measure efficiency of the Appeal Board and recommendations to improve efficiency were administered to 8 respondents comprising legal and urban planning practitioners. Meanwhile, analysis of the documents identified that 8 appeal decisions on the planning matters made were overriden that led to changes in the planning policy. The results suggested that the performance of the Appeal Board was less efficient in terms of time as most disputes took more than 6 months to be cleared. Furthermore , competencies of the chairman in decision-making were questionable due to decisions which override planning matte rs. Most of the respondents perceived that planning appeal is not widely known to the public. However , proceedings of the Appeal Board were commendable since most hearings were conducted in an informal manner. The appeal cos ts are generally affordable although the Penang Appeal Board has increased its fees for private developers . With regard to the challenges and problems in the planning appeal delivery , four major issues highlighted were non familiarity with legal practice and process; form alconduct of hearings; insufficient numb er of staffs in the Appeal Board, and length y process of the Appeal Board members ' appointment. Recommendations based on the study are appoint a competent and knowledgeable chairman; establish informal hearings ; provide affordable administrative cos t and legal aid; introduce amendments to the Act on waiting planning application decision of more than I year; allow third party appeal other than adjoining land owner; and provide further formal training for planning officers on planning appeal process to increase the efficiency of the Appeal Board. 2019-03 Thesis http://eprints.utm.my/id/eprint/81757/ http://eprints.utm.my/id/eprint/81757/2/AdilahJamaludinMFABU2019.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:126573 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction Jamaludin, Adilah An evaluation of planning appeal system of selected states in Malaysia
description	Planning appeal is recognised as a duel platform for aggrieved applicant against the local planning authority decision on planning application. However, to date , very little stud y has been done on the planning of the appeal system in Malaysia to determine the efficiency of the system. Thus, this research reviewed the planning appeal process and practices to determine suitable criteria for measuring the performance of an appeal delivery system in Malaysia. Review of literature indicated that six criteria can be employed to assess the efficiency of the Appeal Board mechanism, namely time taken for appeal process ; expertise of the Appeal Board; manner of proceedings; access to justice; cost of just ice; and evidence and procedure. Besides, the research identified the challenges and problems associated with the planning appeal practice. Finally, measures are recommend ed to improve the performance of the planning appeal delivery system. Using an exploratory research design, this research collected data from inter views and document analysis involving both qualitative and quantitative data. 588 cases were reviewed to determine time taken to resolve the cases and another 100 cases were studied for the decisions . The Penang, Perak , Johor and Selangor Appeal Boards were used as the case study. Indepth interviews containing 3 sections; perceptions on Appeal Board practices and process, criteria to measure efficiency of the Appeal Board and recommendations to improve efficiency were administered to 8 respondents comprising legal and urban planning practitioners. Meanwhile, analysis of the documents identified that 8 appeal decisions on the planning matters made were overriden that led to changes in the planning policy. The results suggested that the performance of the Appeal Board was less efficient in terms of time as most disputes took more than 6 months to be cleared. Furthermore , competencies of the chairman in decision-making were questionable due to decisions which override planning matte rs. Most of the respondents perceived that planning appeal is not widely known to the public. However , proceedings of the Appeal Board were commendable since most hearings were conducted in an informal manner. The appeal cos ts are generally affordable although the Penang Appeal Board has increased its fees for private developers . With regard to the challenges and problems in the planning appeal delivery , four major issues highlighted were non familiarity with legal practice and process; form alconduct of hearings; insufficient numb er of staffs in the Appeal Board, and length y process of the Appeal Board members ' appointment. Recommendations based on the study are appoint a competent and knowledgeable chairman; establish informal hearings ; provide affordable administrative cos t and legal aid; introduce amendments to the Act on waiting planning application decision of more than I year; allow third party appeal other than adjoining land owner; and provide further formal training for planning officers on planning appeal process to increase the efficiency of the Appeal Board.
format	Thesis
qualification_level	Master's degree
author	Jamaludin, Adilah
author_facet	Jamaludin, Adilah
author_sort	Jamaludin, Adilah
title	An evaluation of planning appeal system of selected states in Malaysia
title_short	An evaluation of planning appeal system of selected states in Malaysia
title_full	An evaluation of planning appeal system of selected states in Malaysia
title_fullStr	An evaluation of planning appeal system of selected states in Malaysia
title_full_unstemmed	An evaluation of planning appeal system of selected states in Malaysia
title_sort	evaluation of planning appeal system of selected states in malaysia
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2019
url	http://eprints.utm.my/id/eprint/81757/2/AdilahJamaludinMFABU2019.pdf
_version_	1747818406651887616

An evaluation of planning appeal system of selected states in Malaysia

Similar Items