URBAN PLANNING IN ASEAN DEVELOPING COUNTRIES: THE MALAYSIAN CASE Foziah Johar Ph.D

URBAN PLANNING IN ASEAN DEVELOPING COUNTRIES: THE MALAYSIAN CASE Foziah Johar Ph.D

Asia s Urban Challenge Population and urbanisation Urban economies Urban societies in transition The urban environment and climate change Urban governance

Population and urbanisation Between 1980 and 2010, Asian cities grew by around one billion people and will grow by another one billion up to 2040. Half of the Asian's population will be urban by 2018. Rural areas are entering a period of overall population decline. The urban population of Asia is growing faster than ever before. There will be over 1.1 billion more Asian urban residents in 2030 than there were in 2005 an average increase of 44 million people every year. London took 130 years to grow from 1 million people to 8 million; Bangkok took 45 years; Dhaka, 37; and Seoul, only 25.

The Urban Economy Many cities have become the key nodes of economic growth Several Asean cities aspire to be world class or globally competitive, smaller cities are disadvantaged by a lack of human, financial and organisational resources to connect into global trade. Urban poverty and vulnerability continue to be underestimated: a third of the region s urban residents lack access to adequate shelter, clean energy, safe drinking water and sanitation. The urban poor s contribution to economic competitiveness remains insufficiently reflected in pro-poor economic and social policies.

Urban Societies in Transition Urban societies are becoming more diverse and complex Rising middle classes are driving shifts in consumption patterns, homeownership, mobility, services and urban environments. But the rise of the middle classes is not an inclusive process; the urban poor remain on the margins of growth, youth unemployment remains high, and migrants rights disadvantaged. As urban living costs rise, it is more difficult for the poor to access adequate housing and services. Widening disparities threaten to undermine social cohesion and affordability

Asia and Pacific population by income and annual expenditure in developing Asia (1990-2008)

Urban Environment and Climate Change Asian urban economies have developed through environmentally exploitative models. Now, cities confronted with environmental challenges and multiple crises of liveability. Newly emerging issues (climate change) while others are persistent (air pollution, poor sanitation etc.) Asian cities are major sources of greenhouse gases, thus need lowcarbon economies, infrastructures and transport.

Urban Governance Asian cities grapple with how best to manage rapid growth and economic transformation, growing social complexity and fragmentation, and environmental impacts. Urban sprawl and fragmentation cause urban growth to transcend boundaries between the public and private, formal and informal, and state and civil society sectors. Require new forms of collaborative governance, supported by national urban policies. Governance defined as the quality of the process by which decisions are taken that affect public affairs, as well as the quality of the implementation and outcome of these decisions.

In Indonesia, extensive decentralisation emerged in 1999 with local governments benefitting from regional decentralisation legislation that devolved most powers and resources directly to sub-provincial administrations

URBAN PLANNING IN MALAYSIA

OUTLINE Issues and Problems The Position of Planning The Laws The Administration The Development Plans Development Control

ISSUES AND PROBLEMS Malaysia suffer from various environmental problems such as pollution, land degradation, deforestation, biodiversity degradation, depletion of environmental resources, wetland degradation and urban solid waste management

Deforestation rate is the highest among tropical nations. Malaysia loses an average of 140,200 hectares or 0.65% of its total forest area every year since 2000 Widespread urbanisation agricultural fires forest conversion to oil palm plantations/other forms of agriculture

Air pollution from industrial and vehicular emissions. Malaysia ranked 42nd in the world in terms of vehicle ownership per capita, with 273 Malaysians having vehicles out of every 1000. Public transportation has been introduced in the form of bus networks and railway systems as mitigation, but utilisation rates are low

Water pollution occurs due to the discharge of untreated sewage; the west coast of the Peninsular Malaysia is the most heavily populated area Cities in Malaysia produce an average of 1.5 million tons of solid waste per year The country has 580 cubic km of water, of which 76% is used for farming and 13% is used for industrial activity. 40% of the rivers in Malaysia are heavily polluted. In 2000, Malaysia was ranked fourth in the world in terms of per capita greenhouse gas emissions after taking into account land use change with 37.2 tonnes of carbon dioxide equivalent per capita.

LOCAL GOVERNMENTS AND SPATIAL PLANNING SYSTEM Federal Constitutional Monarchy Government administration Federal States Local authorities 14 states 151 local authorities 12 city councils 39 municipals 98 district councils

THE CONSTITUTIONAL AND LEGISLATIVE BASIS FOR TOWN PLANNING IN PENINSULAR MALAYSIA Malaysian Constitution Town planning Land Federal State State Main act : Town and Country Planning 1976 (Act 172) Separate legislation for Federal Territories, Sabah and Sarawak Other related act: Local Government Act 1976 (Act 171) National Land Code 1965 Street, Drainage and Building Act 1974 Environmental Quality Act 1974 Separate legislation for Federal Territories, Sabah and Sarawak

THE TOWN AND COUNTRY PLANNING ACT 1976 To ensure uniformity of law and policy To make a law for the proper control and regulation of town and country planning in Peninsular Malaysia 2 significant amendments 1995 to give greater prominence to environmental matters 2001 to give executive powers to Federal Government

National Development Planning Framework

PLANNING ADMINISTRATION Level Members Main functions National Physical Planning Council Regional Planning Committee State Planning Committee Local Planning Authority Prime Minister/related ministers/chief minister Federal and State officials and LPA Chief Minister/related exco/related agencies Members of Local authorities promote town and country planning as an effective and efficient instrument for the improvement of the physical environment and towards the achievement of sustainable development in the country to devise a comprehensive regional plan to guide and co-ordinate development of the region to regulate, control, plan and co-ordinate all development activities in the State to regulate, control and plan the development and use of all lands and buildings within its area.

DEVELOPMENT PLANS Type Form and content Coverage National Physical Plan Structure Plan Local Plan Special Area Plan Strategic policies to determine the general directions and trends of the physical development of the nation Policy and general proposals for the development and use of land and improvement of : physical living environment communications; management of traffic socio-economic well-being promotion of economic growth facilitates sustainable development; A detailed map and a written statement of proposals for the development and use of land To include the management of development proposal Peninsular Malaysia State District To be determined

HIERARCHY OF PLANS

11 th MALAYSIA PLAN : INVESTING IN COMPETITIVE CITIES

MALAYSIA : ACHIEVEMENT AND PROSPECTS Malaysia rose from the ranks of a low-income economy in the 1970s to a high middleincome economy in 1992 and remains so today. Malaysia s national per capita income expanded more than 25-fold from US$402 (1970) to US$10,796 (2014) and is well on track to surpass the US$15,000 threshold of a high-income economy by 2020.

NATIONAL PHYSICAL PLAN 2025 Eight (8) themes spelt out: Shaping national spatial framework Improvement of national economic competitiveness, Modernization of agricultural sector Strengthen tourism development, Management of human settlement, Conservation of wildlife and natural resources, Integration of all national transportation network and Installation of appropriate infrastructure

Dispersed/Concentrated development concept National spatial framework 2025 Land availability for future development

NATIONAL URBANIZATION POLICY The creation of cities with a vision which supports harmonious communities and living conditions through sustainable urban development Goals: Creating an environment that can develop a harmonious community A balanced development in all aspects social inclusion Creating a vision of urban community and living in peace through sustainable urban development BEFORE AFTER Objectives : Based on the goals, six objectives have been identified, namely to: i. Develop planned, quality, progressive and sustainable cities; ii. Strengthen the competitiveness of the urban economy; iii. Create a conducive environment to promote social development iv. Eradicate urban poverty v. Strengthen planning, implementation and monitoring mechanisms (using KPIs) vi. Strengthening and increase efficiency of local institutions- administration and management areas improving service delivery

STRUCTURE PLAN

LOCAL PLAN DISTRICT OF PONTIAN

SPECIAL AREA PLAN TASIK KENYIR

DEVELOPMENT CONTROL Development control, which is a form of planning control, is intended to maintain a reasonable balance of the community's requirements as to land use and the protection or enhancement of the environment, and to displace market forces when such forces are not in the best interests of the community.

The procedure The limits The machinery STATUTORY BASIS FOR DEVELOPMENT CONTROL The planning legislation is concerned with three aspects: to be followed in making an application for planning permission and in considering what decision to make; within which planning controls operate so as to provide a mechanism against the making of an arbitrary decision and an abuse of power; whereby local challenges can be made by an aggrieved person against the system. Planning permission Appeal Board

DEVELOPMENT CONTROL SCHEME Development to be in conformity with the Local Plan Development must come with Planning Permission Certain category of planning proposal must be accompanied by Development Proposal Report

PROCESS OF DEVELOPMENT APPROVAL Conversion of Land Use Section 124,Act 56 Building Plan Approval Sec. 70(1), Act 133; No person shall erect any building without the prior written permission of the local authority Certificate of Fitness for Occupation Relevant statutes for application of CFO: Town and Country Planning Act 1976 Street, Drainage and Building Act 1974 Uniform Building By Law 1984 Local Government Act, 1976 Electricity Supply Act Sewerage Services Act 1993 Planning Permission Sub-Division Section 19, Act 172: Prohibition of development without planning permission Sections 135-139, Act 56 Environmental Quality Act 1984

PLANNING ENFORCEMENT Development not in conformity with the development plan Development without planning permission Development inconsistent with imposed condition FINES & IMPRISONMENT

OTHER STATUTORY PLANNING TOOLS Development Charge Statutory Planning Tools Tree Preservation Order Purchase Notice and Acquisition of Land Development Areas

TOWN PLANNING ACTIVITIES Governed by Town Planners Act 1995 Board of Town Planners to: determine ethics of the profession; regulate conduct of the profession;

CONCLUSION Cities learn from other cities. Southeast Asia during the colonial period, city layout and planning from the mother countries were imposed on the colonies to ensure uniform settlement and control of the new land in order to extend the reach of the empire and meet the demands of colonial management. The colonial state was in a position to either found or redesign cities under its administration. Urban planning became a tool for the manipulation of space as a means of segregating the local communities from the European settlers, serving the needs of trade and administration and providing the European settlers with an acceptable living environment. Often, the parameters of colonial planning practice were influenced by ideas dominated by the planning discourses in European cities. Presently, planning for sustainable growth and climate resilience is critical due to limited resources. Urban planning is important because well-planned cities provide a better foundation for sustainable development.

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