sequential approach in the development plan system of malaysia

Prepared for :

Jabatan Perancangan Bandar & Desa Semenanjung Malaysia

Prepared by :

KW Associates Sdn. Bhd

In association with

MR. TAN THEAN SIEW

DR. JAMALLULLAILI ABDULLAH (University Teknologi Mara)

PN. FAHARIAH WAHAB

(Henry Butcher Pty. Ltd)

September 2008

CHAPTER 1 1.0 INTRODUCTION

1.1 Expanded Aim & Scope of Work 1-1

1.1.1 Expanded Aim of the Study 1-1

1.1.2 Expanded Scope of Work of the Study 1-1

CHAPTER 2

2.0 ALTERNATIVE APPROACHES FOR THE PLANNING AND MANAGEMENT OF URBAN GROWTH AND DEVLOPMENT

2.1 Introduction 2-1

2.1.1 Smart Growth 2-1

2.1.1.1 Comparison between Smart

Growth and Conventional (Sprawl) 2-5

2.1.1.2 Implementation of Smart Growth 2-7

2.1.2 New Urbanism 2-12

2.2 Alternative Approaches for Development Planning And Control 2-13

2.2.1 Local Development Framework 2-13

2.2.2 Alternative Approaches for Development Control 2-19

2.2.2.1 Form Based Approach 2-20

2.2.2.2 Incentive Zoning 2-23

2.2.2.3 Performance Zoning 2-23

2.2.2.4 Planned Unit Developments 2-25

2.3 In Summary 2-26

2.4 Sustainable Development-The Need for Re-Thinking and Re-Defining 2-27

CHAPTER 3 3.0 THE ISUG APPROACH FOR THE PLANNING AND MANAGEMENT OF URBAN

GROWTH AND DEVELOPMENT IN PENINSULAR MALAYSIA


3.2 Functions of the ISUG Approach 3-1

3.3 Strategies Of The ISUG Approach 3-2

3.3.1 The Integrated Planning Management Approach 3-3

3.3.1.1 Methods For Implementation 3-3

3.3.1.2 Government Policy 3-3

3.3.1.3 Approach to Integration 3-5

3.3.1.4 Resources 3-6

3.3.1.5 Tools 3-6

3.3.1.6 Institutional Arrangement 3-7

3.3.1.7 Outcomes 3-7

3.3.1.8 Putting Into Practice 3-7

3.3.2 Urban Growth Boundaries (UGB) and Green Reserves (GR) for balance

integrated urban and rural development and conservation. 3-8

3.3.2.1 Urban Growth Boundaries 3-8

3.3.2.2 Green Reserves 3-12

3.3.2.3 Rural Urban Fringe 3-14

3.3.3 Transit Oriented Development (TOD) and Compact City Development (CCD)

for greeter urban living environment 3-14

3.3.3.1 Factors Driving the Trend towards TOD 3-15

3.3.3.2 Principals of TOD 3-15

3.3.3.3 Components of TOD 3-17

3.3.3.4 The Implementation Tools of TOD / Compact Cities 3-17

3.3.3.5 Benefits of TOD 3-18

3.3.3.6 Brownfield Development 3-19

3.3.3.6.1 Implementation of Brownfield Development 3-20

3.3.4 Sequential Approach (SA)

– prioritizing development for Smart Urban Growth 3-22

3.3.5 Community Participation and Support (CPS)

for responsive planning and management of Urban Growth 3-26

3.3.6 ISUG Database Management and Decisions Support System for Integrated

Planning, Managing and Monitoring of Urban Growth 3-29

3.3.6.1 ISUG Database Management System 3-31

3.3.6.2 ISUG Decision Support System 3-33

3.3.6.3 ISUG Indicators 3-58

3.3.6.4 ISUG Cost Benefit Assessment 3-35

3.3.6.5 Adoption, Adopting and

Incorporation of available systems 3-38

3.3.7 Urban Forms, Urban Design, Incentive-Based, Performance

Based, Licensing Control and other Approaches For More

Effective Development Control. 3-42

3.3.7.1 Urban Farm and Urban Design Control Guidelines 3-43

3.3.7.2 Incentive Based Control Guidelines 3-45

3.3.7.3 Performance Based Control Guidelines 3-46

3.3.7.4 Planned Unit Development Guidelines 3-47

3.3.7.5 Licensing Control Guidelines 3-48

3.3.8 Development Changes and Transfer of Development Rights to promote better

development 3-50

3.3.8.1 Transfer of Development Right 3-50

3.3.8.2 Development Changes 3-54

3.3.9 Government Fiscal Incentives 3-57

CHAPTER 4

4.0 IMPLEMENTATION OF THE ISUG APPROACH IN THE MALAYSIAN DEVELOPMENT PLANNING SYSTEM


4.2 Incorporation of ISUG Approach Into The Development Planning Process 4-1

4.2.1 ISUG Strategies that can be incorporated into

Development Policies and Plans 4-2

4.2.1.1 The Five Year Malaysia Plans 4-2

4.2.1.2 The National Physical Plan 4-3

4.2.1.3 The National Urbanization Policy 4-3

4.2.1.4 State Structure Plans 4-7

4.2.1.5 Local Plans 4-13

4.2.1.6 Local Government Act 1971 4-14

4.2.1.7 National Agriculture Policy 4-15

4.2.1.8 The Building and Common Properties

( Management and Maintenance) Act 2007 (Act 663) 4-15

4.2.1.9 The Uniform Building Bye Law 1984 4-15

4.2.1.10 Local Government Act 1971 4-15

4.2.1.11 The Building and Common Properties ( Management

and Maintenance) Act 2007 (Act 663) 4-16

4.3 ISUG Strategies And Techniques To Address The Weaknesses

In The Present Development Planning Process. 4-16

4.4 Incorporation of ISUG Into The Development Control

And Land Management Process 4-18

4.4.1 ISUG Strategies and Mechanisms That Can be Incorporated

in the Development Control and Land Management Process 4-18

4.4.2 ISUG Strategies and Mechanisms to address the weaknesses

in the present Development Control and Land Management Process 4-20

4.5 Incorporation Of ISUG Into The Plan Implementation,

Monitoring And Enforcement Process 4-21

4.5.1 ISUG Strategies and Mechanisms that can be incorporated

in the Plan Implementation, Monitoring and Enforcement Process. 4-21

4.5.2 ISUG Strategies and Mechanisms to address the weaknesses

in the Plan Implementation, Monitoring and Enforcement Process. 4-22

4.6 The Recommended Approach And Overcoming Weaknesses In

The Malaysian Planning And Development System 4-23

CHAPTER 5

5.0 THE NEXT STEPS 5.1 Introduction 5-1

5.2 Road Show To Inform And Adopt The ISUG Approach

To Policy Makers At All Levels 5-1

5.2.1 Criteria for Implementation 5-2

5.2.2 Mechanism for Implementation 5-3

5.3 Further Research and Studies 5-4

5.3.1 The Integrated Planning Management (IPM) Approach 5-4

5.3.2 Urban Growth Boundaries (UGBs), Urban Growth Areas (UGAs)

and Green Reserves (GRs) 5-5

5.3.3 Transit Oriented Development (TOD) and

Compact City Development (CCD) 5-6

5.3.4 Sequential Approach 5-6

5.3.5 Community Participation and Support 5-7

5.3.6 ISUG Database Management and Decision Support

System (ISUG-DMDSS) 5-8

5.3.7 Urban Form, Urban Design, Incentive-Based, Performance-Based,

Licensing Control and Other Control Approaches 5-9

5.3.8 Development Charges and Transfer of Development Rights 5-9

5.3.8.1 Development Charges 5-9

5.3.8.2 Transfer of Development Rights 5-11

5.3.9 Government Fiscal Incentives 5-10

CHAPTER 6

6.0 CONCLUSION

List of Figures

Figure 2.0 Summary of The Goals & Strategies of Smart Growth 2-11

Figure 2.1 The Development Plan System In The United Kingdom 2-18

Figure 2.2 Summary of Alternate Development Control Approaches 2-26

Figure 3.1 The ISUG Approach and Its Strategies 3-2

Figure 3.2 Integration of land use and transport outcomes 3-4

Figure 3.3 Flow Chart of Integrated Planning Management Approach 3-8

Figure - 3.4 Urban Growth Boundaries Principles 3-11 Figure 3.5 Implementation Process in The Transfer of Development Rights 3-54

List of Tables

Table 2.1 Comparison of Smart Growth and Conventional (Sprawl) 2-6 Table 3.1 Summary of the ISUG Database Management And Decision Support System 3-36 Table 3.2 List of available Data Base Management Systems

Related to Planning And Development By Malaysian Agencies And Departments 3-41

Table 3.3 Summary of Urban Form, Urban Design and Incentive

Based and Approaches For Effective Development Control 3-49 Table 4.1 Issues and Weaknesses in the Malaysian Land Development

System and the ISUG Approach to address these 4-3

Table 4.2 The Relevant Strategies of the ISUG Approach to achieve the NUP Thrusts 4-5

Table 4.3 NUP City Centre Policies and the ISUG Strategies 4-6 Table 4.4 Penang State Structure Plan – Incorporation of the ISUG Approach into the

Sectoral Policies and Strategies. 4-8 Table 4.5 Negri Sembilan State Structure Plan – Incorporation

of the ISUG Approach into the Sectoral Policies and Strategies. 4-12

Table 4.6 ISUG Strategies to address the issues and weaknesses in the Preparation of Development Plans 4-16

Table 4.7 ISUG Strategies to address the issues and weaknesses

in the Development Control and Land Management Process 4-20

Table 4.8 ISUG Strategies to address the issues and weaknesses

in the Plan Implementation, Monitoring and Enforcement Process 4-22

D R A F T F I N A L R E P O R T

1.0 INTRODUCTION

The Study on the possibilities of adopting and

adapting the Sequential Approach into the

Malaysian Planning and development system

found that the Approach was inadequate to

address many urban issues in Malaysia.

Volume 1 of the report has presented the

detail findings as well as recommendations

and conclusions.

Hence, to address the urban planning and

development issues of the country, the study

team extended the research to find

alternative approaches that have been used

internationally. This Volume will outline the

research findings and concerns and make

recommendations on the approach that

would be best to meet up with urban

planning and development issues in

Malaysia, with the goal of achieving

sustainable development.

1.1 EXPANDED AIM AND SCOPE OF WORK

1.1.1 Expanded Aim of the Study

To recommend an urban planning and

management approach that addresses

urban growth and development issues in

an integrated, holistic and sustainable

manner that can be incorporated in the

development planning system of

Peninsular Malaysia.

1.1.2 Expanded Scope of Work of the

Study

a. To identify and analyse the major

problems and issues of urban

growth and development, and in

the planning and management

of these issues, in Peninsular

Malaysia in general, and in the

study areas of George Town and

Seremban, in particular;

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1-2


b. To study and evaluate

available innovative urban

planning and management

approaches, such as Smart

Growth and New Urbanism,

that can address urban

growth and development

problems and issues more

effectively.

c. To analyze the suitability of

these approaches towards

solving urban growth and

development problems and

issues in Peninsular Malaysia.

d. To formulate an integrated

and holistic urban planning

and management approach

that is suitable for the

Malaysian development

planning system.

e. To recommend and suggest

further studies and further work

to be done for the adoption of

the new approach in

Peninsular Malaysia.


2.1 INTRODUCTION

An extensive literature research was

undertaken by the Study team mainly on

urban issues and innovative approaches in

other countries. Studies of several countries in

Europe and the United States were looked at,

mainly through internet research. This

chapter shall outline the alternative

approaches that have been accepted and

implemented by policy makers and

governments in other developed countries in

order to address the multitude of urban

planning and development issues. The first of

these is the concept of Smart Growth and

secondly, there is the New Urbanism

Concept. New approaches in development

planning may need new approaches in

development control. Thus, this study has

also examined new approaches in

development control as these will have

implications on the implementations and

management of Urban Growth and

development.

2.1.1 Smart Growth

‘Smart Growth’ is a term that describes

the efforts of communities across the

United States to manage and direct

growth in a way that minimises damage

to the environment and builds liveable

towns and cities (City of Austin, 1995). It

refers to land use and development

practices that enhance the quality of life

in communities, preserve the natural

environment and save money over time.

The aim is to limit costly urban sprawl, use

tax dollars more efficiently and create

more liveable communities. (Curran,

2003). According to Smart Growth BC

(British Columbia), Canada (2002), a

“Smart Growth” is a collection of urban

development strategies to reduce sprawl

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and that enhances our quality of life,

protects our environment, and uses

tax revenues wisely.

‘Smart Growth’ should include the

following criteria or ideas:

a. Creating more compact

developments via infill

developments and new

developments;

b. Encouraging infill development for

more efficient use of existing

urban assets and infrastructures.

c. Creating walkable, transit oriented

and mixed use developments;

d. Providing a variety of

transportation choices (walk,

cycle, transit and private car);

e. Offering housing choices and mix

of different type or cost of houses;

f. Promoting sense of community in

new and expanding areas

through quality design and active

public participation;

g. Conserving environmental

sensitive areas and natural

resources;

h. Protecting sufficient agriculture

lands and food production sector;

and

i. Establishing and maintaining

urban growth boundaries.

Smart growth practices range from

promoting compact complete

communities to supporting a viable

working land base. Smart growths are

developments that conserve

resources (land, infrastructure and

materials), cost less and increase

property values. Smart growth comes in

many forms and is essentially a new

name for various land use patterns and

infrastructure funding mechanisms for

which people are concerned with

neighbourhoods. The new features of this

package of strategies are recognition

that suburban development should not

be subsidised by taxpayers and that

sustainability goes beyond consideration

of the natural environment and includes

social concerns like affordable housing.

Smart growth works from a regional to

site and building scale. (Curran, 2003)

The eight goals or principles of Smart

Growth according to Curran (2003) are:

a. Promoting urban revitalisation and a

healthy working land base by rural

preservation and by containing

urban areas, channelling

development into existing

neighbourhoods and adopting

integrated planning and

management approaches.

b. Incorporating green infrastructure

into communities.

c. Creating compact complete

communities by mixing land uses and

using land more efficiently.

d. Increasing transportation choices

through land use decisions.

e. Creating inclusive neighbourhoods

by ensuring that a diversity of housing

types are accessible to a wide range

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of people of different age groups,

family types and incomes.

f. Maximising the enduring benefits

of developments by using

resources wisely on sites and in

buildings that are tailored to

specific neighbourhood

conditions.

g. Supporting municipal goals

through cost recovery by ensuring

that development cost charges

and other taxes and fees reflect

the true cost of different types of

growth.

h. Promoting smart growth

throughout the development

process by reforming

administrative processes and

addressing liability issues.

According to NAHB (2002) smart

growth means meeting the underlying

demand for housing created by an

ever-increasing population and

prosperous economy by building

political consensus and employing

market-sensitive and innovative land

use planning concepts. In means

meeting the housing demand in

"smarter" ways by planning for and

building to higher densities, preserving

meaningful open space and

protecting environmentally sensitive

areas.

Smart growth requires adherence to all of the

following actions:

Planning for and accommodating

anticipated growth in economic activity,

population and housing demand as well

as ongoing changes in demographics

and lifestyles while protecting the

environment.

Providing for a wide range of housing

types to suit the needs, preferences and

income levels of a community's diverse

population.

Adopting a comprehensive landuse

planning process at the local level that

clearly identifies land uses, such as

residential, commercial, recreational

and industrial as well as land to be set

aside as meaningful open space.

Adopting balanced and reliable means

to finance and pay for the construction

and expansion of roads, schools, water

and sewer facilities and other

infrastructure required to serve a

prosperous community.

Using land more efficiently by allowing

higher density development and

innovative land use policies and

encouraging mixed use and pedestrian

friendly developments with access to

open space and mass transit.

Revitalizing older suburban and inner-city

markets and encouraging infill

development.

Planning should be the exclusive

province of local units of government.


Smart growth recognizes connections

between development and quality of

life. It leverages new growth to

improve the community. In general,

smart growth invests time, attention,

and resources in restoring community

and vitality to centre cities and older

suburbs. New smart growth is more

town centred, is transit and pedestrian

oriented, and has a greater mix of

housing, commercial and retail uses. It

also preserves open space and many

other environmental amenities. But

there is no “one-size-fits-all” solution.

According to North Carolina Smart

Growth Alliance (NCSGA), smart

growth principles which have been

used by them to guide public policy,

development practices, community

planning and design are:

a. Mixed Use Activity Centres -

Promote mixed use, activity-rich

centres of various scales for each

city, town and crossroads to serve

as centres of civic, social,

educational, cultural and

economic life, and as

transportation hubs.

b. Appropriate Pattern of

Development - Clearly define land

areas that are appropriate for

development (where there is

existing infrastructure and public

services), land areas that are

inappropriate for development

(where there is potential for natural

disasters), and land areas that need

protection (farmland,

environmentally sensitive, historic,

natural or recreational area).

c. Green Space - Preserve farmland

and natural areas throughout the

state and provide for their local and

regional interconnection.

d. Walkable Communities - Design new

and preserve existing

neighbourhoods and communities

with the pedestrian and bicyclist in

mind to foster walkability, safety and

a sense of place.

e. Integrated Transportation - Create a

seamless, regional, multi-modal

transportation system, which interlinks

new and existing residential,

employment, commercial and

recreational areas.

f. Enhanced Civic Realm - The civic

realm should be viewed as a legacy

to future generations.

g. Affordable Living -Ensure the costs

associated with living in North

Carolina are affordable for all.

h. Shared Benefits - Share resources and

distribute benefits of growth within

each North Carolina region to

improve the quality of life for all its

citizens.

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i. Community Collaboration -For all

development decisions that a

community makes, encourage a

wide range of stakeholders to

participate in the process.

j. Fairness in Approving

Development -Make

development decisions

predictable, fair and cost

effective.

Photo Transportation (integrated) in Singapore

Urban Sprawl photo from Prof Hedgerock’s Slides

2.1.1.1 Comparison Between Smart Growth

and Conventional (Sprawl)

Jerry Weitz & Associates, Inc (2001) in

a document called “Smart Growth

Audit” makes a comparison between

Smart Growth and Convention

(sprawl) developments, as shown in

Table 2.1 However, some additional

points have been added with italic

font.

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2-6


Table 2.1: Comparison of Smart Growth and Conventional (Sprawl)

COMPARISON SMART GROWTH TOPIC

SPECIFIC CONSIDERATION SMART GROWTH CONVENTION (SPRAWL) Land consumption

More efficient use of land as a limited resource.

Not as efficient and generally a more excessive land consumption pattern, larger individual lots.

Directional focus of growth

Infill and redevelopment. Maximum use of existing developed areas.

Greenfield development. Expansion into new / undeveloped areas.

Density / intensity

Higher Lower

Urban form Compact and contiguous

Scattered, dispersed and leapfrogged

Land supply, landuse and urban form

Landuse Mixed; jobs and housing balance

Single function and separated

Values / ethics Land as a resource; sustainability

Land as commodity; satisfy market preferences.

Open space provision

Maintain, enhance and expand

Provide when supported by market force. Provide as per Malaysian Government requirement. Normally following the minimum requirement only.

Open space location

Proximate to all users; connected

Inaccessible; unconnected; include ‘remnant’ parcels of left-over pieces of land

Brownfileds Clean up and reuse Abandon

Natural resources and the environment

Energy Conservation More consumptive due to separation of users and location in areas without infrastructure

Values / ethics Choice; diversity; affordability

Provide what the market will bear.

Location Disperse in all locations, especially in city/activity centres

Predominantly in exclusive residential areas (subdivisions)

Type of unit; mixes

Wider variety, mixtures of types

Predominantly detached, single-family; rigid separation of types and price

Housing

Cost Sufficient for all incomes. Example, mixed income housing

Market fails to provide affordable units for all incomes Provide low cost housing as per Malaysia Government requirement. Normally, with poor location.

Orientation Multiple modes Automobile-dominant Road system and network pattern

Grid or network of streets

Hierarchy of arterials, collectors and local streets.

Accessibility Interconnectivity encouraged

Separation encouraged

Predominant streets

Through streets with alleys encouraged

Cul-de-sac and collectors

Transportation

Street pavement widths

Skinny; concept of street ‘diets’

Wide / more excessive than needed for functionality


Pedestrian facilities

Routinely provided; walkability encouraged

Generally not provided; walking not encouraged

Transit Provide choices for use of transit

Densities are too low and patterns too spread out to support transit.

Other infrastructure

Water and sewer

Timely and concurrent provision of systems

Use lowest cost means

Funding considerations

Concern with unfair development costs; maximise existing investments

Public subsidies; extension of facilities without efficiency and equity considerations.

Permitting processes

Orientation Focus on reforming procedures for greater timelines, efficiency and fairness.

Multiple, uncoordinated process; time consuming

Concern for social equity and environmental justice

Not-In-My-Backyard (NIMBY); Citizens Against Virtually Everything (CAVE)

Other Values/ethics

Regionalism Limited connectivity; generally insular Source: Jerry Weitz & Associates, Inc (2001) in Atlanta Regional Commission, “Smart Growth Audit”.

2.1.1.2 Implementation of Smart Growth

a. Smart Bylaws Guides of West Coast

Environmental Law 2003, British

Columbia

West Coast Environmental Law of

British Columbia has developed a

Smart Bylaws Guide to assist local

governments to implement smart

growth strategies through policy and

bylaw changes. It describes smart

growth practices and backs up the

theory with case studies, technical

standards and bylaws that can be

tailored to specific municipal

circumstances. (Curran, 2003)

The Guide brings together the best

practices of municipalities across

British Columbia (BC) and highlights other

innovations in the US and Europe. Case

for Smart Growth is one element of the

Guide and presents credible evidence

and the economic rationale for local

governments to adopt smart growth

strategies. (Curran, Deborah 2003)

Smart Growth Goals and the Smart

Growth Strategies mentioned in the “A

Case For Smart Growth - West Coast

Environmental Law 2003” are as below:

Goal 1: Promoting urban revitalization

and a healthy working land base by rural

preservation and by containing urban

areas, channeling development into

existing neighbourhoods and adopting

integrated planning and management

approaches.

2-7


Under this goal, the available

infrastructure should be used before

financing is made available for new

growth. Refusing to subsidize sprawl

and supporting urban revitalization

are complementary approaches to

smart growth. The key to drawing

attention back into the town centre is

through integrated planning

(planning for the community as a

whole, including its environmental,

economic and social health) and

permitting. (Curran, Deborah 2003)

Smart growth strategies that achieve

goal 1 include:

using urban containment

boundaries (UCB) to encourage

urban revitalization and the

preservation of working lands;

ensuring every neighbourhood

and community has a focal point

and economic centre;

taking a systems approach to

planning by integrating

watershed, road, transportation,

green infrastructure, community,

neighbourhood, affordable

housing and economic

development plans;

adhering to municipal plans; and

using performance indicators and

monitoring to track progress.

Goal 2: Incorporating green

infrastructure into communities.

Green infrastructure are often less costly

than hard infrastructure, and offer

aesthetic and social benefits. The green

infrastructure can also increase property

values as it is viewed as an amenity in

neighbourhoods and includes:

rivers, creeks, streams and wetlands

that retain and carry storm water,

improve water quality, and

provide habitat;

parks and greenways that link

habitat and provide recreation

opportunities;

working lands such as agricultural or

forested areas;

aquifers and watersheds that provide

drinking water;

open ditches that are important as

habitat and for the hydrologic cycle;

engineered wetlands and storm

water detention ponds that retain

storm water and improve infiltration;

and

trees and rooftop gardens that clean

air and cool urbanized areas in the

summer.


goal 2 include:

implementing green and blue spaces

strategies to acquire and connect

the green infrastructure;

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planning for integrated storm

water management;

achieving subdivisions that

complement the green

infrastructure;

setting performance standards for

impermeability, infiltration, tree

cover, and ecological

functioning; and

supporting working lands through

buffering, zoning and integrated

planning.

Goal 3: Creating compact complete

communities by mixing land uses and

using land more efficiently.

Smart growth aims to create

compact complete communities

where access to services from

residences is a five-minute distance

on foot. Corner stores and

neighbourhood commercial centres

are supported by density clustered

around the commercial centres.

Diversity of housing types will allow

individuals to meet their housing

needs in the same neighbourhood

throughout different life stages.


goal 3 include:

• mixing housing, jobs and green

infrastructure in neighbourhoods

and on some sites;

• sharing public facilities;

• using land more efficiently by

building in existing neighbourhoods;

• creating housing diversity and

commercial viability through sensitive

densification that does not

compromise the character of the

neighbourhood; and

• shaping development through

design guidelines.

Goal 4: Increasing transportation choices

through land use.

Creating land use patterns that make

non-automobile transportation efficient.

This includes creating adequate densities

to support public transit and tailoring

road widths and parking requirements to

actual use. It also means managing the

demand for roads by placing equal

investment in the infrastructure for non-

automobile transportation.


goal 4 include:

• creating multiple-use roadways;

• linking transportation modes;

• tailoring speed limits and road widths

to uses;

• scaling parking requirements to

neighbourhood needs; and

• managing transportation demand.

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Goal 5: Creating inclusive

neighbourhoods by ensuring that a

diversity of housing types are

accessible to a wide range of people

of different age groups, family types

and incomes

Integrating different housing types

into all neighbourhoods creates

resident stability and increases

affordability. Municipalities also

recognize that they cannot rely on

the market to build the full range of

desirable housing types, and are using

a variety of tools to create affordable

market and non-market housing.


goal 5 include:

• supporting secondary suites;

• promoting rental housing;

• using density bonuses to acquire

affordable housing; and

• managing a housing trust fund.

Goal 6:Maximing the enduring

benefits of developments by using

resources wisely on sites and in

buildings that are tailored to specific

neighbourhood conditions

Each community, neighbourhood,

and site is unique. To reflect this

diversity and incorporate the green

infrastructure into communities,

municipalities are tailoring

development standards to site-specific

conditions. This unique treatment

increases the attractiveness of

developments by providing amenities on

site and nearby, and decreases long-

term operating costs for owners and

municipalities. This trend is particularly

evident in the high performance building

field (energy, water and resource

efficient buildings) where the uptake of

green building technologies and the

Leadership in Energy and Environmental

Design (LEED) building rating standard

has been exponential in British Columbia

over the past three years.


goal 6 include:

• clustering development on sites to

maintain the functioning of the green

infrastructure;

• tailoring development permit

conditions to site conditions;

• encouraging the redevelopment of

brownfield sites;

• greening industrial lands; and

• adopting green building standards.

Goal 7: Supporting municipal goals

through cost recovery by ensuring that

development cost charges and other

taxes and fees reflect the true cost of

different types of growth

Municipalities may recover part of the

costs for roads, parks, sewer and water

infrastructure that new developments

incur for a municipality. Across BC, most

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municipalities charge these

development cost charges (DCC’s)

on a per unit (for residential

development) or square foot (for

commercial development) basis.

These calculations rarely take into

account whether the development

can take advantage of existing

infrastructure, or the actual use the

development will make of municipal

infrastructure. This is also true for tax

and fee calculations aimed at

recovering some of the cost of

services. The costs of development

and ongoing servicing to a

municipality are less if existing

infrastructure can be used and if the

new buildings incorporate green

technologies. DCC’s and property

taxes can reflect these differences in

cost, and encourage more efficient

development.


goal 7 include:

• changing development cost charges

to reflect the true cost of infill

(building

• where services are already in place)

versus greenfield development

(building on undeveloped and

unserviced land) and high

performance versus conventional

buildings.

• ensure that DCC’s reflect the

declining infrastructure costs to a

municipality as the density of

development increases

All the above are summarized in figure 2.0.

Figure 2.0 : Summary of The Goals & Strategies of Smart Growth

GOALS OF

SMART GROWTH

HOW?

• Urban containment boundaries

• Encourage urban revitalization

• Every community & neighbourhood has focal economic centre

• System approach to planning

• Adhere to local plan

• Use performance indicator to monitor

HOW?

• Preserve streams, rivers & wetlands

• Network of linked parks to preserve habitat & provide recreation

• Preserve water catchment areas

• Trees, rooftop gardens

• Integrated Stormwater Management

HOW?

• Create multiple use roadways

• Link transportation modes

• Limit parking requirements

• Manage transport demand

HOW?

• Mix housing, jobs

• Share public facilities

• Build within existing neighbourhoods

• Create housing diversity

• Sensitive densification

• Design guidelines to shape development

• HOW?

• Changing / suit development charges for Infill vs. Greenfield Development

• Ensure that development changes reflect declining infrastructure costs as density increase

• HOW?

• Cluster development

• Redevelopment on Brownfield

• Green Industrial sites

• Adopt green building standards• HOW?

• Diversity of housing types for wide range of people

• Promote rental housing

• Density houses

• Housing trust fund by LA

13

5

72

46


Smart growth have various policies and

strategies within it to achieve the goals of

urban sustainability.

2.1.2 New Urbanism

Urban sprawl is a phenomenon that

has occurred in many urban areas

around the world, especially in North

American and modern European

cities.

Majority of the literature on urban

sprawl indicates that sprawl has more

disadvantages than advantages and

the costs supersede benefits. If we

continue with business as usual, sprawl

is expected to become worse and

may become out of control. Many

urban scholars and planners argue

urban development need to have a

paradigm shift to contain the problem

of sprawl. The answer could be found

on a relatively new movement known

as “New Urbanism.”

The new urbanism is a reaction to

sprawl. It is based on principles of

urban planning and architecture that

work together to create human-scale,

walkable communities. Traditional

architects and those with modernist

sensibilities who form the new

urbanism movement believe in the

power and ability of traditional

neighborhoods to restore functional

and sustainable communities.

New urbanism is an urban design

movement whose popularity increased

beginning in the 1980s and early 1990s.

The goal of new urbanists is to reform all

aspects of built environment

development and urban planning which

include everything from urban retrofits to

suburban infill. It addresses many of the

ills of current sprawl development

pattern while returning to a cherished

American icon – compact and close-knit

community (Katz, P., 1994).

The New Urbanism is concerned with

both the pieces and the whole. It applies

principles of urban design to the region in

two ways. First, urbanism is defined by its

diversity, pedestrian scale, public space

and structure of bounded

neighbourhoods. Second, the entire

region should be designed according to

similar urban principles. Its

neighbourhood is to be structured by

public space, its circulation system

should support the pedestrian, it should

be both diverse and hierarchical, and it

should have discernible edges

(Calthorpe, P., 1994).

There are some common elements of

new urbanist design. New urbanist

neighborhoods are walkable, and are

designed to contain sprawl.

From this movement, various ideas and

development concepts had been

initiated for better, more sustainable,

more liveable and smarter growth

2-12

2-13


development for new or existing

development area.

According to Bressi, T. W. (1994), the New

Urbanism represents a rediscovery of

planning and architectural traditions that

have shaped some of the most livable,

memorable communities in America

urban precincts and traditional small

towns where life centres around a

courthouse square, common, plaza, train

station or main street.

2.2 Alternative Approaches for Development

Planning and Control

In an attempt to overcome some of the

weaknesses in the present systems and

procedures of development plan

preparation and development control,

several approaches in these processes

that have been adopted in UK and the

US can be studied.

2.2.1 Local Development Framework

The present system of plans in Peninsular

Malaysia follows very closely the system

of the 1974 Town and Country Planning

Act of UK. Since then, the two-tier system

of planning in UK has had its successes

and its failures. “Unitary Plans” later

replaced the structure and local plans in

Greater London and in Metropolitan

Councils. The UK Government Green

Paper of December 2001, “Planning:

Delivering a Fundamental Change,”

concluded that “the present system,

by general consent, does not

deliver our objectives. We want a

system that is capable of reaching

The ideal neighbourhood design (New

Urbanism) principles described by Duany, A.

and Plater-Zyberk, E. (1994) are in line with the

other smarter development ideas or

concepts such as Transit Oriented

Development (TOD) Neighbourhood,

Traditional Neighbourhood Development

(TND) and Mixed Use Neighbourhood. The

neighbourhood has the following

characteristics:

The neighbourhood has a centre and an

edge;

The optimal size of a neighbourhood is a

quarter mile from centre to edge;

The limited area gathers the population

of a neighbourhood within walking

distance of many of their daily needs,

such as a convenience store, post office,

community police post, automatic bank

teller, school, day care centre and transit

stop;

The neighbourhood has balanced mix of

activities, which are dwelling, shopping,

working, schooling, worshipping and

recreating;

The neighbourhood structures building

sites and traffic on a fine network of

interconnecting streets; and

The neighbourhood gives priority to public

space and to the appropriate location of

civic buildings.


decisions that command public

confidence and which is seen to

be open and fair; a system that

underpins our desire to

improve productivity by being

capable of reaching a proper

balance between our desire for

economic development and for

thriving communities; a system

that is clear and

comprehensible, that comes to

robust decisions in sensible

time frames.”

The planning problems faced in UK

under the old two-tier planning

system, were very similar to the ones

faced in the Malaysian situation. The

problems include:

i) Planning is over complex, remote,

hard to understand and difficult to

access. Issues commonly raised

include the multi-layered structure of

plans with up to four tiers in some

areas, at national, regional, county

and local levels. Plans are often out of

date and can be inconsistent with

one another and with national

planning guidance.

ii) There are too many inconsistencies.

Too often local plans are inconsistent

with policies set out at regional or

national level. If there are policy

changes at a higher level, a plan can

be over-ridden when planning decisions

are made. This makes it hard for those

using the system to be confident that

they know what policies apply;

iii) Plans are too long. Local plans have

tended to address the development

status of every part of their area and

they often try to anticipate every

development control eventuality. Rather

than setting out a clear strategy for

development, they have become

lengthy and inflexible rule-books for

development control;

iv) Preparation is slow and expensive.

Because local plans are site-specific and

comprehensively cover a local

authority’s area, they attract numerous

representations from both developers

and those opposing development. Delay

in dealing with contentious proposals

can hold up adoption of the rest of the

plan. Significant numbers of plans are not

yet in place. We cannot continue with a

system that takes over five years, and as

much as ten, to put a plan in place;

v) Local plans are too inflexible. Because

plans contain so many detailed policies,

they are time consuming and expensive

to review. As a result, it is difficult to make

changes to reflect new policies or

changing local circumstances;

vi) System fails to engage communities.

The current system is very “consultative”

but despite that, too often fails to

2-14


engage communities. The result of all

this is that the community feels

disempowered:

the procedures that lead to the

adoption of a plan can be so

protracted that few community

organisations or businesses with an

interest can afford to sustain their

involvement. There is a perception

that the system favours those with

the deepest pockets and the

greatest stamina;

planning committees can make

decisions on planning proposals

without the significant objectors

having an opportunity to present

their case;

some planning procedures are

legalistic and effective

participation tends to demand at

least some specialist knowledge.

People who are inexpert in the

workings of the system find this

difficult and sometimes

community organisations can find

it hard to present their case

without access to professional

advice.

The Green Paper concludes that: “As

a result, development plans are failing

their users. People find the plan

adoption process both complex and

obscure. At the end of it, the status of

the plan is sometimes uncertain. This

affects the ability of business to plan

with confidence. Whilst consultation is

a statutory requirement in the

preparation of plans, in practice the

complexity and length of the process has

made it difficult to engage the whole

community effectively. All these

problems are very real. They deprive us

of the system we need to plan for a

sustainable future. They make the

planning system the subject of constant

attack and its decisions suspect. This in

turn has seriously demoralised the

planning profession and damaged its

ability to recruit new blood. Until there is

a clear sense that the system has

overcome these problems, it will not

attract the degree of public confidence

that a good planning system deserves.”

As a result, a new planning system was

proposed. Five core principles underpin

the proposals:

i) planning must be responsive,

particularly to longer term

challenges such as increasing

globalisation and climate change,

and properly integrate economic,

social and environmental

objectives to deliver sustainable

development;

ii) the planning system should be

streamlined, efficient and

predictable;

iii) there must be full and fair

opportunities for public

consultation and community

engagement;

iv) the planning system should be

transparent and accountable; and

2-15


v) planning should be undertaken

at the right level of government

– national, regional and local.

(UK Government 2001 Green

Paper, Planning: Delivering a

Fundamental Change)

The Town and Country Planning Act of

1974 and subsequent amendments

were, as a result, replaced by the

Planning and Compulsory Purchase

Act in 2004. This resulted in a change

to the way in which the planning

system operates by establishing the

“Local Development Framework”

approach to replace the old system

of Structure Plans and Local Plans.

The new act makes provision relating

to spatial development and town and

country planning, and the compulsory

acquisition of land. The provisions of

the act are to:

speed up the planning system,

increase in the predictability of

planning decisions,

scrap county led planning,

introduce statutory regional

planning (regional spatial

strategies),

incorporate sustainable

development in development

plans,

speed up the handling of major

infrastructure projects,

remove crown immunity from

planning processes,

simplify compulsory purchase regime.

Local Development Frameworks (LDFs),

are made up a number of “Local

Development Documents” (LDDs) and

“Supplementary Planning Documents”

(SPDs). The “Regional Spatial Strategy”

(RSS), which is produced by Regional

Assemblies in England, replaces the

Structure Plan as the strategic planning

document.

Local Authorities are also now required

to produce “Local Development

Schemes” (LDS), which outline the

LDDs/SPDs they intend to produce over a

three year period, and “Statements of

Community Involvement” (SCI) which

outline how the Council will involve the

local community. All LDDs and SPDs also

have to be accompanied by a

“Sustainability Appraisal” (SA) and a

“Strategic Environmental Assessment”

(SEA). The SEA is a requirement under

European Union laws.

Local Development Frameworks are

intended to streamline the local planning

process and promote a proactive,

positive approach to managing

development. The key aims of the new

system are:

i. flexibility. Local planning authorities

can respond to changing local

circumstances and ensure that

spatial plans are prepared and

reviewed more quickly than

2-16


development plans under the old

system;

ii. strengthening community and

stakeholder involvement in the

development of local

communities. Local communities

and all stakeholders will be

involved from the outset and

throughout the preparation of

local development documents;

iii. front loading. Local planning

authorities should take key

decisions early in the preparation

of local development documents.

The aim will be to seek consensus

on essential issues early in the

preparation of local development

documents and so avoid late

changes being made;

iv. sustainability appraisal. To ensure

that local development

documents are prepared with the

objective of contributing to the

achievement of sustainable

development;

v. programme management. The

efficient management of the

programme for the preparation of

a range of local development

documents in accordance with

the local development scheme;

and

vi. soundness. Local development

documents must be soundly based in

terms of their content and the

process by which they are produced.

They must also be based upon a

robust, credible evidence base.

The series of documents to be prepared

by the Local Planning Authority under

the Local Development Framework

approach include:

i. Local Development Scheme (LDS);

ii. Local Development Documents, of

which there are two types:

a) Development Plan Documents

(DPDs), which includes

A “Core Strategy”, ie, policies for

delivering the spatial strategy

and vision for the area. The

policies should be location

specific rather than site specific

and may need to be illustrated

by a key diagram;

“Site Specific Allocations”, this will

cover site specific policies and

proposals which cannot be

covered in area action plans and

should be shown on a “proposals

map”. The map will show existing

and revised designations for

areas of land, such as

conservation areas, defining sites

for particular developments or

land uses and the areas to which

specified policies apply;

2-17

2-18


“Area Action Plans” for key

areas of change or

conservation: containing

detailed site-specific policies,

proposals or guidance for

areas of change or

conservation;

iii) “Statement of Community

Involvement”;

iv) “Annual Monitoring Reports”. (UK

Government: Planning Policy

Statement 12: Local Development

Frameworks)

b) “Supplementary Planning

Documents” (SPDs), which are

optional;

Figure 2.1 Explains diagrammatically the development plan system in the United Kingdom

Figure 2.1 : The Development Plan System in The United Kingdom

THE LOCAL AUTHORITY prepares THE LOCAL DEVELOPMENT FRAMEWORK (LDF)

To replace the Local Plan

Site Specific Allocations with a Proposals Map

Area Action Plans (AAPs)

Supplementary Planning Documents (SPD)

Statement of Community Involvement

Annual Monitoring Reports

THE REGIONAL ASSEMBLY prepares the REGIONAL SPATIAL STRATEGY (RSS) to replace the Structure Plan as the strategic planning document

UK’S TOWN AND COUNTRY PLANNING ACT 1947

STRUCTURE PLANS LOCAL PLANS

UNITARY PLANS

UK’S PLANNING AND COMPULSORY PURCHASE ACT 2004

Local Development Scheme (LDS) – 3 year programme of

preparation of plans and documents

Local Development Documents (LDD)

Sustainability Appraisal (SA)

Strategic Environmental Assessment (SEA)

Development Plan Documents (DPDs)

Core Strategy with a Key Diagram


It will be difficult to replace the present

structure plan-local plan system in Malaysia,

with a one-tier planning system similar to the

Local Development Framework system, as this

will require tremendous effort and institutional

capacities. Nevertheless, the experience of

UK planning will be useful for us to consider

seriously. However, the present system and

procedure can be simplified, to solve some of

the issues highlighted. For example, structure

plans can be made more simple and

general; leaving details in local plans. The

time taken for preparation structure plans

can be reduces.

2.2.2 Alternate approaches for

Development Control

The study has identified many areas of

weaknesses in the present system of

development control. The present

conventional approach regulates

development through land use

classifications and dimensional

standards. Typical land use

classifications are “residential”,

“commercial”, “institutional”,

“industrial”, “agricultural” and

“recreational”. Further classifications

may be imposed within each land use

class, such as “offices”, “retail shops”,

“wholesale shops”, “restaurants”, and

“hotels”, within the “commercial”

land use class. Development in each

land use zone may then have to

comply with dimensional standards

that regulate the height, bulk and

area of structures. These dimensional

standards typically take the form of

residential densities, building plot ratios,

building lines, setbacks, height limits,

minimum lot sizes, and lot coverage

limits. This approach is called Euclidean

Zoning. It is named after the town of

Euclid, which challenged the city's

zoning code. The case wound its way up

to the U.S. Supreme Court which upheld

the municipality's ordinance. The case

was decided in 1926, and the term

"Euclidean zoning" emerged and

influenced the content and design of

zoning codes across the US and Europe

for decades, and has been followed,

consciously or unconsciously, in many

other countries, including Malaysia.

The traditional planning goals associated

with Euclidean zoning provides for

orderly growth, to prevent overcrowding

of land and people, alleviate

congestion, and separate incompatible

uses (such as insuring that a noisy factory

cannot be built near a residential

neighbourhood). The greatest flaw in

pure zoning-by-use is that it ignores how

much difference design can make in

insuring the compatibility of neighbouring

developments.

This zoning approach normally outlines

prohibitions. The zoning describes what

may not be done (as opposed to

explaining that which is pre-approved).

In trying to list everything that is

prohibited, the list grows and grows.

Clever developers are always finding

2-19


weaknesses and loop holes in the

guidelines, followed by reactionary

attempts to tighten them by the

authorities.

Over time, the typical zoning plan

undergoes constant revision to

change the rules, change the maps,

to permit overlapping uses, in order to

close loopholes in the rules. With each

revision, the typical zoning plan grows

more complicated.

The conventional approach seems to

have one significant appeal in the

very short term: conventional zoning

would be the easiest to implement

now, because it is the basis for the

development control plan to which

many have become accustomed.

Other approaches will require more

deliberation, education, and greater

political will.

Due to its lack of flexibility and

somewhat outdated planning theory,

Euclidean zoning has come under

scrutiny and criticism.

A number of alternatives now exist for

how local governments can shape

their land development regulations. In

the paragraphs that follow, several of

these alternatives are discussed in

broad terms. Many variations on each

theme are possible, and that what is

true of many development control

plans of a certain kind will not be true of

all of them.

2.2.2.1 Form-Based Approach

A form-based approach or code places

more emphasis on regulating the form

and scale of buildings and their

placement along and within public

spaces (such as sidewalks, street trees,

street furniture), with a lesser focus on

land use. Some of the urban planning

goals of form-based approach or code

include curbing urban sprawl, promoting

pedestrian safety, and preserving the

fabric of historic neighbourhoods.

Form-based approach or code address

the relationship between building

facades and the public realm, the form

and mass of buildings in relation to one

another, and the scale and types of

streets and blocks. The regulations and

standards in form-based codes,

presented in both diagrams and words,

are keyed to a regulating plan that

designates the appropriate form and

scale (and therefore, character) of

development rather than only

distinctions in land-use types. This is in

contrast to conventional zoning's focus

on the micromanagement and

segregation of land uses, and the control

of development intensity through

abstract and uncoordinated parameters

to the neglect of an integrated built

form.

2-20


Form-based approach or code are

drafted to achieve a community

vision based on time-tested forms of

urbanism. Ultimately, however, a

Form-based approach is only a tool;

the quality of development outcomes

is dependent on the quality and

objectives of the community plan that

a code implements.

Form-based codes commonly include

the following elements:

A Regulating Plan. A plan or map

of the regulated area designating

the locations where different

building form standards apply,

based on clear community

intentions regarding the physical

character of the area being code

Public Space Standards.

Specifications for the elements

within the public realm (e.g.,

sidewalks, travel lanes, on-street

parking, street trees, street

furniture, etc.).

Building Form Standards.

Regulations controlling the

configuration, features, and

functions of buildings that define

and shape the public realm.

Administration. A clearly defined

application and project review

process.

Definitions. A glossary to ensure

the precise use of technical terms.

Form-based codes also sometimes

include:

Architectural Standards. Regulations

controlling external architectural

materials and quality.

Landscaping Standards. Regulations

controlling landscape design and

plant materials on private property as

they impact public spaces (e.g.

regulations about parking lot

screening and shading, maintaining

sight lines, insuring unobstructed

pedestrian movements, etc.).

Signage Standards. Regulations

controlling allowable signage sizes,

materials, illumination, and

placement.

Environmental Resource Standards.

Regulations controlling issues such as

storm water drainage and infiltration,

development on slopes, tree

protection, solar access, etc.

Annotation. Text and illustrations

explaining the intentions of specific

code provisions.

Eight Advantages to Form-Based

Codes (FBCs)

i. Because they are prescriptive

(they state what you want),

rather than proscriptive (what

you don't want), form-based

codes (FBCs) can achieve a

more predictable physical result.

The elements controlled by FBCs

are those that are most important

2-21


to the shaping of a high

quality built environment.

ii. FBCs encourage public

participation because they

allow citizens to see what will

happen where-leading to a

higher comfort level about

greater density, for instance.

iii. Because they can regulate

development at the scale of

an individual building or lot,

FBCs encourage independent

development by multiple

property owners. This obviates

the need for large land

assemblies and the mega

projects that are frequently

proposed for such parcels.

iv. The built results of FBCs often

reflect a diversity of

architecture, materials, uses,

and ownership that can only

come from the actions of

many independent players

operating within a

communally agreed-upon

vision and legal framework.

v. FBCs work well in established

communities because they

effectively define and codify a

neighborhood's existing "DNA".

Vernacular building types can

be easily replicated,

promoting infill that is

compatible with surrounding

structures.

vi. Non-professionals find FBCs

easier to use than

conventional zoning documents

because they are much shorter,

more concise, and organized for

visual access and readability. This

feature makes it easier for non

planners to determine whether

compliance has been achieved.

vii. FBCs obviate the need for design

guidelines, which are difficult to

apply consistently, offer too much

room for subjective interpretation,

and can be difficult to enforce.

They also require less oversight by

discretionary review bodies,

fostering a less politicized

planning process that could

deliver huge savings in time and

money and reduce the risk of

takings challenges.

viii. FBCs may prove to be more

enforceable than design

guidelines. The stated purpose of

FBCs is the shaping of a high

quality public realm, a presumed

public good that promotes

healthy civic interaction. For that

reason compliance with the

codes can be enforced, not on

the basis of aesthetics but

because a failure to comply

would diminish the good that is

sought. While enforceability of

development regulations has not

been a problem in new growth

areas controlled by private

covenants, such matters can be

problematic in already-urbanized

areas due to legal conflicts with

2-22


first amendment rights. - (Form

Based Code Institute (FBCI);

available at

http://www.formbasedcodes.

org/definition.html).

2.2.2.2 Incentive Zoning

Incentive zoning, as its name implies,

offers a reward (usually in the form of

increased density) to a developer

who does something "extra" that is in

the community's interest (such as

more open space) or promotes a

public goal (such as affordable

housing).

Incentive zoning allows a developer

to build a larger, higher-density

project than would be permitted

under existing zoning. In exchange,

the developer provides something

that is in the community's interest that

would not otherwise be required (e.g.,

open space, plazas, arcades, etc.).

The common types of community

benefits or amenities for which state

and local governments have devised

incentive programs are urban design,

human services (including affordable

housing), and transit access.

Incentive zoning has its origins in New

York City and Chicago. It has become

increasingly common over the past 20

years. The terms "density bonuses" or

"community benefits" are related

terms and are often used when

discussing incentive zoning. Incentive

zoning allows for a high degree of

flexibility, but it can be complex to

administer.

2.2.2.3 Performance Zoning

A key goal of zoning codes is to limit

conflicting and incompatible uses.

Traditional Euclidean zoning does this by

regulating land use and bulk.

Performance zoning, however, regulates

the effects or impact of land uses

through performance standards.

Performance standards usually concern

traffic flow, density, noise and access to

light and air. Developers can build

almost any building that meets the

performance standards for that district.

Therefore, performance zoning allows for

a great deal of flexibility. This level of

flexibility makes it a very useful tool, but

also makes it difficult to administer.

Whereas traditional land use zoning

specifies what uses land can be put to

within specified districts, performance

zoning specifies the intensity of land use

that is acceptable. In other words, it

deals not with the use of a parcel, but

the performance of a parcel and how it

impacts surrounding areas.

There are advantages to the

performance zoning approach. In some

ways it requires less administrative

involvement, since variances, appeals

and re-zonings are not necessary. It also

2-23


gives more flexibility both to the

municipality and to the developer,

allowing more of a range of land uses,

as long as their impact is not

negative. This allows for more

innovation and the incorporation of

new technologies that may not be

accommodated in more traditional

zoning ordinances. This encourages

more communication between the

public and private sectors.

Also, performance zoning is more

effective in the preservation of natural

features, since it evaluates directly the

impact, rather than indirectly through

listing permitted and denied uses.

A primary disadvantage of

performance zoning is that as a result

of its flexibility it is subject to a steeper

learning curve. In traditional

ordinances, land uses are listed as

absolutes, either allowed or not

allowed. Under performance zoning

uses are determined through

sometimes confusing calculations of a

variety of factors. This requires local

zoning administrators to be more

adept at making appropriate and fair

determinations based on sometimes

subjective criteria, and can lead to

more legal challenges.

Studies have indicated perhaps the

best approach to zoning is a

combination of traditional zoning and

performance zoning. Including

components of performance zoning

could encourage the following:

• Establishing a community vision;

• Greater involvement and

participation of all stakeholders in the

community;

• Protecting and preserving the

environment;

• More collaborative rather than

confrontational planning processes;

• Conditionally approving

developments at a higher level;

• Reducing the number of districts; and

• Re-engineering existing systems to

remove obstacles to quick approvals,

new designs and building

technologies.

Under Performance Zoning, land is not

regulated by bulk or use. Instead, the

zoning code sets forth "performance

standards" which regulate the effects of

land uses, not the uses themselves. Any

land use - whether residences or steel

ingot manufacturing or fish markets -

which meets the performance standards

set forth in the code is allowed within the

zoning district. Performance standards

typically regulate light and air flow along

with noise, traffic and other nuisances.

Performance zoning can be more

effective than citywide noise or traffic

standards because it's tailored to

individual areas and understands that

"compatible" land uses don't always

make good neighbours. An office might

not be a noisy neighbour compared to a

2-24


restaurant, but the code treats all of

them as "businesses" and keeps them

away from houses. A nightclub might

produce too much night time noise

and traffic to fit into a residential

neighbourhood, but it might be

acceptable in an industrial area. -

(Metropolitan Planning Council

(MPC), Chicago; available at

http://www.metroplanning.org/zoning

Guide/index.html).

2.2.2.4 Planned Unit Developments

For the last couple of decades,

another approach has emerged in an

attempt to overcome conventional

zoning's rigidity on a case-by-case

basis. The Planned Unit Development

(PUD) process is typically used on

large urban or suburban sites. The

larger, unified parcel will have a

customized master plan and rules of

its own for its internal development;

the many smaller projects contained

within will be "planned as a unit."

Therefore, the details of lot

configuration and net density should

be judged in light of the overall effect,

not lot by lot, and as long as the

overall effect is acceptable to the

governing municipality, the particular

rules in the underlying zoning may be

waived.

Whereas under the conventional

zoning, a parcel of land might be

permitted for uniform subdivision into

a certain number of similar, large-lot

detached houses, under the PUD, the

same parcel might be approved instead

with a specific plan for a more compact

combination of small lots, a few large

lots, and townhouses, adding up to the

same number of units overall. The shared

open space made possible by the more

compact PUD scheme might be judged

an overall civic and environmental

benefit. The mixture of dwelling types,

likely to diversify the economic stature

and age of the households within, might

also be socially beneficial. In theory, the

overall planning might lead to other

benefits and efficiencies, such as an

integrated circulation pattern, trail

network, or shared recreational facilities.

In typical cases, the approval allows

exceptions to the setbacks, lot sizes, lot

widths, and street standards that would

have been required under the

conventional zoning.

The PUD is thought to be a way of

allowing greater flexibility for creative

solutions. Often the local PUD ordinance

even makes it possible to mix uses and

increase density, albeit with a case-by-

case approval. Sometimes the PUD

ordinance specifies items, however, that

cannot be varied (typically the gross

density permitted by the underlying

zoning plus some bonus).

The PUD process, which usually requires

an upfront investment in planning,

actually favours the mightiest developers

2-25

2-26


who have the money and influence it

takes to get approved. The process

does involve risk, but the rewards are

attractive and the process adds a

patina of legitimacy. Local

governments eager to build up the

tax base can usually be talked into

something eventually with the right

sales pitch. -(Dover V, 1996:

Alternative Methods of Land

Development Regulation; available at

http://www.spikowski.com/victor_dov

er.htm)

Another form of PUD is the

comprehensive development of a

large site consisting of several

contiguous lots, which may or may

not belong to the same owners. If the

site has multiple ownership, this will

require the acquisition of the lots not

belonging to the developer, which

may be the government, in which case

acquisition may be legally done by

compulsory acquisition or eminent

domain. This has been often been

practiced in Hong Kong and Singapore.

Where it involves a larger area, in old,

run-down urban districts, the approach is

akin to Urban Renewal.

2.2.3 In Summary

All the above approached shall be

considered especially in light of the new

approaches in urban development

planning. Any planning approaches will

have to be accompanied by the

appropriate mechanism for

development control.

The alternate approaches of Development Control are summarized in Figure 2.2.

EUCLIUDEAN ZONING- Outlines prohibitions- Easy to implement- Lack of flexibility- Outdated planning theory

FORM BASED CODES / APPROACH- Less focussed on land use- More emphasis on regulating form and scale of buildings

- Address relationships- Includes-regulating plan, public spacestandards, building form standards,administration etc.

INCENTIVE ZONING- Reward system (eg. Higher density)- In return for public interest (eg. Park)- High degree of flexibility

CURRENT

ALTERNATE 1

ALTERNATE 2

Figure 2.2 : Summary of Alternate Development Control Approaches

PERFORMANCE ZONING- Regulate the effects/impacts of land usethrough performance standards-eg. Traffic,densities, noise, etc.

-Species intensity of land use- Great flexibility- Effective in preservation of natural features

PLANNED UNIT DEVELOPMENT (PUD)- Used in large developments; customizedmasterplan and own rules for each internaldevelopment.

- Details of lot configuration and density seenin light of overall effect

- Mixed lot sizes within a unit, for diversifiedhousing types.

- Give exceptions to setbacks, widths andstreet standards.

ALTERNATE 3

ALTERNATE 4


2.3 SUSTAINABLE DEVELOPMENT – THE NEED FOR RETHINKING AND REDEFINING

Ever since the Earth Summit in Rio de Janeiro

in 1992, “sustainable development” has been

the agenda (Agenda 21) adopted by

member countries in their planning for their

growth and development. In Malaysia,

concerns about sustainability in development

and growth have been indicated in most of

the planning at national, state and local

levels, as Malaysia, being one of the

signatories of the Agenda 21 agreement, is

very committed to sustainable development.

For example the stated goal of the National

Physical plan is “The establishment of an

efficient, equitable and sustainable national

spatial framework to guide the overall

development of the country towards

achieving developed nation status by 2020”,

and Objective II states “To optimize utilization

of land and natural resources for sustainable

development.” Thrust number one of the

National Urbanization Policy (NUP) is for “An

efficient and Sustainable Urban

Development”. The goal of the NUP is “To

create a Visionary City with a Peaceful

Community and Living Environment through

Sustainable Urban Development”. One of the

stated objectives is “To develop a planned,

quality, progressive and sustainable city”.

In the Penang State Structure Plan, the word

“sustainable” (“mapan” or “mampan” in

Bahasa Malaysia) is used 59 times and relate

to not only “sustainable development”

(pembangunan mapan), but also to

population growth, land use, nature

conservation, quality of life, Bumiputera

entrepreneurship, economic growth, human

resources, agriculture, tourism, etc. The goal of

the structure plan is “To achieve a sustainable

physical development to support the

establishment of Penang as a developed state

towards Vision 2020”. (“Memantapkan

pembangunan fisikal yang mapan bagi

menyokong pembentukan Pulau Pinang

sebagai sebuah negeri maju dan mencapai

wawasan 2020”).

However, although the terms “sustainable

development”, “sustainable” and “sustainability”

have been widely used in the structure plans

and local plans and other plans, these terms are

often used very broadly and vaguely. It

becomes further blurred when these plan

policies and strategies are to be interpreted for

implementation and monitoring. “It is becoming

evident that most stakeholders (apart perhaps

from a small number of enthusiasts) have not

fully grasped what it is potentially all about. If we

are to consider the challenges that face those

tasked with developing and implementing

strategies for sustainable development, it is

vitally important to restate what is meant by

sustainable development.” (Dalal-Clayton and

Bass, 2000)

The definition commonly used for “sustainable

development” is “Development that meets the

needs of the present without compromising the

ability of future generations to meet their own

needs.” (Brundtland, 1987).

A commitment to meet the needs of present

and future generations has various implications.

2-27

http://en.wikipedia.org/wiki/Sustainable_development

http://en.wikipedia.org/wiki/Sustainable_development


"Meeting the needs of the present" means

satisfying:

Economic needs – including access to

opportunities for an adequate livelihood

or productive economic activity; also

economic security when unemployed, ill,

disabled or otherwise unable to secure a

livelihood.

Social, cultural and health needs -

including a shelter which is healthy, safe,

affordable and secure, within a

neighbourhood with provision for piped

water, drainage, transport, health care,

education and child development, and

protection from environmental hazards.

Political needs - including freedom to

participate in national and local politics

and in decisions regarding management

and development of one's home and

neighbourhood, within a broader

framework which ensures respect for civil

and political rights and the

implementation of environmental

legislation.

Meeting such needs "without compromising

the ability of future generations to meet their

own needs" means:

Minimising use or waste of non-renewable

resources - including minimising the

consumption of fossil fuels and substituting

with renewable sources where feasible.

Also, minimising the waste of scarce

mineral resources (reduce use, re-use,

recycle, reclaim).

Sustainable use of renewable resources -

including using freshwater, soils and forests

in ways that ensure a natural rate of

recharge.

Keeping within the absorptive capacity of

local and global sinks for wastes – including

the capacity of rivers to break down

biodegradable wastes as well as the

capacity of global environmental systems,

such as climate, to absorb greenhouse

gases. (Dalal-Clayton and Bass, 2000)

Following the publication of the Brundtland

report, there was a rapid escalation of

alternative definitions of sustainable

development and lists are given by several

authors (e.g. Pezzey 1989, Pearce et al. 1990,

and Rees 1989). Mitlin (1992) notes that, in

general, definitions involve two components:

the meaning of development (i.e. what are

the main goals of development: economic

growth, basic needs, rights, etc.);

the conditions necessary for sustainability.

2-28


It is now widely agreed (at least amongst

those promoting and studying the concept)

that there are three pillars to sustainable

development:

• Economy: The creation of wealth and

livelihoods;

• Society: The elimination of poverty

and improvement of quality of life;

• Environment The enhancement of

natural resources for future

generations.

Thus, sustainable development will entail

integration of these three objectives where

possible, and making hard choices and

negotiating trade-offs between objectives

where integration is not possible. These

negotiations will be greatly influenced by

factors such as peace and security,

prevailing economic interests, political

systems, institutional arrangements and

cultural norms. Achieving these objectives is

essentially a task of transforming governance

in the public sector, private sector and

society more broadly to achieve a more

balanced and integrated approach to

development. This ensures that it is defined to

meet and respect the particular needs and

circumstances of individual countries,

societies and cultures. (Dalal-Clayton and Bass,

2000) “Rather than focusing on economic growth in isolation, sustainable development requires the

integration of the social, economic and environmental dimensions in corporate and

public decision-making, within a governance framework that ensures full participation and

accountability” (IIED 1999)

Perhaps one of the most comprehensive

definitions of sustainable development is the UK

government’s five Shared Principles of

Sustainable Development. i.e.

i). Living Within Environmental Limits.

Respecting the limits of the planet’s

environment, resources and biodiversity –

to improve our environment and ensure

that the natural resources needed for life

are unimpaired and remain so for future

generations.

ii) Ensuring a Strong, Healthy and Just Society.

Meeting the diverse needs of all people

in existing and future communities,

promoting personal well-being, social

cohesion and inclusion, and creating

equal opportunity for all.

iii) Achieving a Sustainable Economy.

Building a strong stable and sustainable

economy which provides prosperity and

opportunities for all, and in which

environmental and social costs fall on

those who impose them (Polluter Pays),

and efficient resource use is incentivised.

iv) Using Sound Science Responsibly

Ensuring policy is developed and

implemented on the basis of strong

scientific evidence, whilst taking into

account scientific uncertainty (through

the precautionary principle) as well as

public attitudes and values.

2-29


v) Promoting Good Governance

Actively promoting effective,

participative systems of governance

in all levels of society – engaging

people’s creativity, energy and

diversity.

Ultimately, sustainable development aims at

improving and maintaining quality of life and the

means to quality of life. It means that

developing a better quality of life now should

not reduce the quality, or deprive the

opportunity for a better quality, of life for the

future generations. It can also be expanded to

mean that developing a better quality of life for

a sector of society should not reduce the

quality, or deprive the opportunity for a better

quality, of life for another sector of society.

The UK Government has also identified

four key areas of sustainable

development activities:

Sustainable consumption and

production: changing the way

products and services are

designed, produced, used and

disposed of – in short, achieving

more with less,

Climate change and energy –

reducing greenhouse gas

emissions whilst at the same time

preparing for the climate change

that cannot be avoided,

Natural resources protection and

enhancement – understanding

the limits of the natural resources

that sustain life, such as water, air

and soil, environmental

enhancement and recovery,

Sustainable communities – looking after the places people live and work, for example, by developing green, open spaces and building energy-efficient homes. (UK Government, Sustainable Development Strategy Mar 2005)

As in all planning objectives, the objective of

sustainability has not only to be defined

qualitatively, but also in quantitative and

measurable terms, so that its achievement can

be more realistically evaluated and monitored.

This is done by formulating a set of measurable

indicators related to sustainable development.

What is required is a measurable means of

evaluating the impacts of development

activities before they are approved and

implemented, to prevent unsustainable

development from being carried out, or to

select optimum options of development

strategies or projects during plan preparation.

The impacts to be assessed should include short

as well as long-term, tangible as well as

intangible, social, economic, environmental and

even political benefits and costs. Besides a

descriptive definition of an acceptable standard

of living as a measure to be achieved, a clear,

operational definition of sustainable

development has to be established for the

purpose of development planning,

development control, and development

monitoring in Peninsular Malaysia.

2-30

2-31


This may require the incorporation of

appropriate tools such as Strategic

Environmental Assessment (SEA) at the plan

formulation stage, Environmental Impact

Assessment (EIA) and Cost-Benefit Analysis in

the development control process and

Environmental Management System (EMS) at

the development monitoring stage. The use

of a Geographical Information System (GIS)-

based integrated planning assessment

system such as the Integrated Landuse

Assessment (ILA) together with Planning

Support System (PSS) will be invaluable in the

large and complex process of planning and

management for urban growth and

development. (Yaakup A.B., and others,

2005)

3-1


d policies at all

and other effective development

ment of urban development

3,1 INTRODUCTION

In order that the range of urban planning

and development issues are addressed in

Malaysia, it is recommended that the

Integrated Sustainable Urban Growth (ISUG)

Approach be adopted as a policy for

implementation in the Malaysian Planning

and Development system. This chapter aims

to detail out this approach.

3.2 FUNCTIONS OF THE ISUG APPROACH

The main functions of the ISUG Approach are:

i. To guide the coordination and integration

of the goals, objectives and strategies of

national planning policies, such as the

National Urbanization Policy, the National

Physical Plan and the Five Year Malaysia

Plans, with the State and Local Authority

development plans, policies and

guidelines, for the better and more efficient

formulation, implementation, monitoring and

review of these plans an

these levels.

ii. To function as an integrated and holistic

approach for the planning, implementation,

controlling, management and monitoring of

urban growth in Peninsular Malaysia to

achieve sustainable development and other

national and local development goals and

objectives, through concepts such as Smart

Growth, New Urbanism, Sequential

Approach

strategies;

iii. To guide the adoption of a more efficient,

effective, responsive and accountable

system and process for the planning, control

and manage

and growth;

iv. To ensure that appropriate and effective

techniques and strategies of urban growth

3-2


and management are implemented t

ch

o

a ieve the desired outcomes.

3.3 STRATEGIES OF THE ISUG APPROACH

The ISUG Approach combines 9 distinct

strategies for the planning, controlling,

implementation, management and

monitoring of urban growth and

development. Each one is symbiotic of the

other. No one strategy can stand alone as to

implement one would mean the need for

another supporting strategy and actions.

Hence the integrated approach taken here

means exactly that, in order to achieve the

desired outcomes for a more sustainable

urban planning and development system.

e 9 strategies as depicted in figure 3.1 are

s follows:

and holistic

stainable

ore efficient urban living

tizing

nning

and management of urban growth;

1. The Integrated Planning Management

Approach – for integrated

planning and development;

2. Urban Growth Boundaries (UGB) and Green

Reserves (GR) - for balanced su

development and conservation;

3. Transit Orientated Development (TOD) and

Compact City Development (CCD) - for

better and m

environment;

4. Sequential Approach (SA) - priori

development for smart urban growth

5. Community Participation and Support

(CPS) - for community-responsive pla

Th

a

Figure 3.1 : The ISUG Approach and Its Strategies

Integrated Planning Management

Urban Growth Boundaries & Green Reserves

Development Proposal Report

Sequential Approach

INTEGRATED SUSTAINABLE URBAN

GROWTH (ISUG) APPROACHGovernment Fiscal

IncentivesCommunity Participation &

Support

Development Changes + Transfer of Development

Rights

Incentives Performance Based Development

Control

ISUG Database & Decision Support System

Transit Oriented Development & Compact Cities


6. ISUG Database Management and

Decision Support System (ISUGDM

and DSS) - for more effective,

transparent and accountable

planning, management and

monitoring of urban growth;

7. Urban Form, Urban Design,

Incentive-Based, Performance-

Based, Licensing Control and

Other Control Approaches - for

more effective and responsive

development control;

8. Development Charges (DC) and

Transfer of Development Rights

(TDR) - to promote the right

development in the right place;

9. Government Fiscal Incentives –to

encourage more favourable

development;

3.3.1 The Integrated Planning Management

Approach - for Integrated and Holistic

Planning and Development

Integrated planning management is

crucially required to achieve smart

growth. This is important to ensure

development planning co-efficiently

contributes to the economic, social

and physical development without

producing harm to the environment.

Consequently, integration between

landuse and transport planning is

most required. Integrated planning

may be defined as a combination of

policy making, administration of physical

planning and development, funding and

research, and monitoring.

In general, integrated planning

management aims to consolidate all

related group of expertise to achieve

smart growth strategies at all

government administrative level (i.e.

national, regional and local

government).

3.3.1.1 The Methods For Implementation

Obviously, the key to an effective

integrated planning management is

when the government policies were

formulated thoroughly and efficiently.

This is important to ensure the policies are

specific, decisive and collaborative.

Besides, it also contributes to the

formation, enforcement of related laws

and the implementation of the whole

process of integrated planning

management.

3.3.1.2 Government Policy

The goal and objectives of the

government efforts on integrated

planning and management must be

clearly specified. For example, the

Australian Goverment’s efforts on

integrated landuse and transport

planning have led to the creation of the

Department of Planning and

Infrastructure (DPI) which acts as a

3-3

3-4


central agency of the Department of

Transport, Main Roads Western

Australia and the Ministry of Planning.

Under the DPI, a taskforce was

appointed to provide portfolios and

one of them is the planning and

infrastructure portfolio. Figure 3.2

shows the government policy on

landuse and transport planning is well

integrated and thus produce better

outcomes. (Curtis & James, 2004).

Figure 3.2: Integration of land use and transport outcomes

Transport Transport/ Landuse Planning Coordination INTEGRATION Coordination

INTEGRATION

OUTCOME Urban Settlements

To maximize accessibility by proximity

Economic Development

Manage development of regional land use and

transport system to provide efficient access;

protect strategic transport corridors; minimize adverse

impacts; and maximizing existing infrastructure

PLANNING OUTCOME

Land use planning is the orderly planning of land

use development to ensure;-

i. Facilitation of regional wealth

ii. Conservation and enhancement of the environment

iii. Building dynamic and safe communities that nurture human activity.

(Western Australian Planning Commission,

1996)

TRANSPORT OUTCOME Create a transport

system which: effectively supports

economic and social objectives; is efficient in

its use of resources; is environmentally

responsible, provides equitable access for all;

and is innovative, flexible and diverse

(Government of Australia, 1996)

Source: Curtis, Carey. & James, Bruce, (2004)


Besides achieving the objectives of

both transport and landuse planning,

integrated planning has also

enhanced environmental protection,

pursue the dynamics and safe

communities and enables maximum

utilization of regional wealth.

3.3.1.3 Approach to Integration

Approach to integration is a

combination between coordination

and integration. As mentioned earlier,

the Department of Planning and

infrastructure (DPI) acts as central

agency of the taskforce to manage

integration of the multidisciplinary

organization.

Obviously, integrated planning needs

a strong collaboration of

multidisciplinary organizations that

work together as a single team (task

force). This task force would be led by

a central organization (steering

organization) to manage the overall

integrated development planning

process. In the US, coordination and

integration has not just involved

public-sector interagency initiatives

but also private-sector committees/

working groups, and public-private

forums (Transit Cooperative Research

Program, 2004).

As methods of integration are designed, it is

paramount to identify the principles of

integration. The principles will guide the

implementation of the overall process in

development planning. It refers to functional,

accountability and organizational as listed

below (Ker, 2001 cited by Curtis & James,

2004)

a. Functional Principle – allocation of

functions is aligned with government

policy and strategic planning

outcomes. It requires strong legislative

framework and clear government

mandate. Besides, necessary financial

and organizational resources are

appropriate incentives to ensure

delivery.

b. Accountability Principle – Outputs

expected of agencies are aligned with

the allocation of functions. Public and

political support for a strategic body

that is accountable for integration,

cost effectiveness and value for money

in the delivery of its functions.

c. Organizational Principle –

Organizations are able to deliver the

outputs expected of them (the right

people to do the job)

3-5


• Public-Sector Interagency

Initiatives - operators participate

in some forum to coordinate

transit and urban development

among government entities.

• Private-Sector Initiatives -

developers, builders, real-estate

brokers, and others involved with

TOD from the private side have

over time formed their own forums

to promote their collective

interests (i.e. Houston’s Main Street

Coalition established in 1994 to

create a signature transit-and-

pedestrian spine along an 8.5-mile

boulevard stretch, the coalition is

today focusing on the land-use

and architectural integration

along the $300-million light-rail line

being built in downtown Houston)

• Public-Private Forums - public-

private organizations or

committees that have formed to

promote TOD at some level

3.3.1.4 Resources

Resources refer to the efforts to

achieve effective integration of

landuse and transport planning and

therefore produced desired results.

The resources are as the following;-

a. Authorization and Regulation –

statutory planning controls (i.e.

local plan/ comprehensive

environment local plan) and

transport regulation (i.e. licenses)

b. Pricing – taxation and subsidies to

service providers and users through

regulation of prices

c. Strategic Asset Management (SAM) –

considering marketplace in the

management of public assets (i.e.

land, services and infrastructure) and

intangible assets (i.e. travel

behaviour)

d. Building community capacity –

encouraging public participation

through education, advocacy,

grants and partnerships

3.3.1.5 Tools

Available tools within the planning and

infrastructure portfolio is applied to

combine the listed resources above. The

tools are;

a. Policy making - designated

strategically to deliver the integrated

landuse and transport planning

(portfolio)

b. Integrated planning - landuse and

transport planning in single map or

document (or report). Need

community participation for better

outcomes.

c. Funding – Subsidies, land purchase,

services, infrastructure and intangible

asset (SAM) can affect pricing.

d. Research and Monitoring –

mechanism to achieve the

integration of resources through

revaluation of previous planning

progress so that policy can be

adjusted to meet desired outcomes.

3-6


3.3.1.6 Institutional Arrangement

This is to consider the institutional

arrangements appropriate for delivery

of sustainable outcomes. In Australian

case, DPI is the central agency that is

responsible for the whole integrated

planning management and acts as a

steering mechanism. Institutional

arrangement is important to centralize

coordination and integration, avoid

mismatch policy and overlaying

powers in carrying out development

planning.

3.3.1.7 Outcomes

Generally, desired outcomes must

offer extensive guidance and

effectiveness for use. This will be

revaluated under the research and

monitoring procedures, part of the

DPI. Integrated landuse and transport

planning in the USA is not just jointly

implemented in the matter of policy,

institutional organizations,

construction cost and technical

expertise but also happens in sharing

operation cost (e.g., ventilation

systems, utilities, and parking facilities).

As a consequence, joint

development between transit

agencies and property and real

estate developers has led to a high

density and mixed landuse

development, concentrated nearby

transit stations especially main railway

stations, commuter rail and light-rail

stations (Transit Cooperative Research

Program, 2004)

The Washington Metropolitan Area

Transit Authority (WMATA) for example is

one of the first transit agencies in the USA

that introduced real-estate development

above or adjacent to its rail stations. At

2004, at least 30 property sites were

jointly developed by the agency with

private developers, lenders, and other

public entities. The prominent one is the

Metro Center, Bethesda, which attributes

office space (400,000 square feet), Hyatt

Hotel (380 rooms), and retail space

(60,000 square feet). Collected annual

rental fees at Bethesda Station today

totals at least USD1.6 million and this is

said to be the highest earnings for any

single joint development project in the

country (Transit Cooperative Research

Program, 2004).

3.3.1.8 Putting into Practice

Driven by the government policy and

guided by the integration of principles,

Curtis & James (2004) came out with an

institutional model for landuse and

transport planning which was applied in

Western Australia to develop the

integration further with other

multidisciplinary teams.

3-7

3-8


The Flow Chart of the Process as described in the passages above.

Implementation Method

(Thoroughly & Efficiently)

Government Policy

Approach to Integration

• Functionality

• Accountability

• Organization

• Authorization

• Pricing

• Strategic Asset

• Management

• Community

• Capacity

Building

Tools

• Policy Making

• Integrated Planning

• Funding

• Research & Numitong

Institutional Arrangement

• Central Agency?

• Avoid Mis-match

Outcomes

• Constant Re-Evaluation

• Integration

Put Into Practice

Figure 3.3 : Flow Chart of Integrated Planning Management Approach

Resources

3.3.2 Urban Growth Boundaries (UGB) and Green Reserves (GR), for balanced integrated urban and rural development and conservation;

3.3.2.1 Urban Growth Boundaries

(UGB)

Urban Growth Boundaries (UGBs) in

the UK, or Urban Containment

Boundaries (UCBs) as they are called

in the US, are lines drawn on land use

planning and zoning maps that divide

existing and planned future urban

areas from rural, agriculture and

natural preservation areas. This

boundary acts as a ‘limit’ of urban

development and growth. Its main

purpose is to channel future urban

development to urban areas and

permanently retain green reserves, rural

and country side areas. UGBs prevent

suburban sprawl and encourage orderly

development. In practice, UGBs create

certainty for developers by directing

where infrastructure investment will occur

and coupled with zoning and other

policies, channel growth into existing

towns and neighborhoods and areas

where density can be maximized. UGBs

also direct and focus future urban

development approvals primarily to town

centres and villages and brown fields.

Rather than opening up new land for

urban expansion, growth is channeled

and energized into areas which are

ready for development in terms of

infrastructure, people and demands. The


areas within UGBs are called Urban

Growth Areas (UGAs) in the UK.

The use of UGBs can also assist in

reinforcing and protecting green

areas such as agriculture lands and

nature reserves. Preservation of these

lands outside the UGB is fundamental

to containing future urban growth

within the UGB. UGBs are good fiscal

planning - they assist local

governments to ensure that existing

infrastructure is fully used before

considering new green field sites. They

also support existing rural and urban

economies. Inner city neighborhoods

are often found within UCBs, which

may in turn help concentrate

resources inside growth

neighborhood.

The processes involved in the

designation of UGBs in a landuse plan

should include:

• Land availability assessment - An

assessment of the available land

for housing and other urban

development is carried out to

determine the supply of suitable

land for urban growth. This is done

by excluding lands which has

environmental constraints or

where urban development is

restricted, such as areas to be

reserved for their natural beauty,

forest reserves, hilly and unstable

lands, flood zones, environmental

sensitive areas, agriculture lands,

parklands, wet lands, river and

coastal reserves, and other green

areas. Lands not within the

development restricted areas are set

aside as land resources for urban

development.

UGBs assist local governments to meet a number of planning goals such as:

maximizing the use of existing infrastructure and minimizing new infrastructure costs;

revitalizing downtowns and town centres;

redeveloping brown field sites;

creating vibrant mixed-use neighbourhoods;

protecting agriculture areas, nature reserves, rural areas, country sides, environmentally sensitive areas, parks, and other green reserves;

minimizing air pollution by encouraging a mix of services near to residences and employment, thus decreasing the need for automobile use;

improving the viability of transit by concentrating development; and

prioritizing urban growth areas and scheduling development to optimise land resources and prevent over development.

• Land viability assessment - The

available lands are assessed for the

physical, economic, social and other

viability for development. The availability

of existing roads, water, electricity and

other infrastructure and services has to

be taken into account, and the land

3-9


checked for its degree of viability in

terms of cost for development.

• Land requirement assessment - The

amount of land required to cater for

the growth of urban population and

the spatial demand for housing and

other urban uses have to be

calculated. In assessing this, the

density and scale of development

and the carrying capacity of the area

need to be taken into account, in

order to prevent undesirable impacts

of over-development and the

unsustainable use of land. To do this

some form of sustainable

development criteria and indicators

are used.

• Land prioritization and scheduling -

The land identified to be within the

urban growth area should then be

classified in terms of the time frame to

be released for development, so as to

match demand and supply and not

to create over-supply situations.

Following the Sequential Approach,

town centre lands, brownfield lands,

and other lands for infilling should be

given highest priority, and leap frog

development and urban sprawl are to

be prevented. Land prioritization will

determine the UCB at a particular

plan period, and extent it in future

plans when the demand grows.

Creating a UGB involves the use of a

combination of the following urban

development planning and management

tools:

• National and Regional Urban Growth

Strategies. UGBs can be designated and

urban growth policies established at the

national and regional levels. At these

levels, however, UGBs should be

location-specific or criteria-specific and

not site-specific. The national and

regional plans are long-term plans and

should anticipate future demands and

situations so as to be able to response to

them. They should provide indications of

future directions and suitable areas of

urban growth.

• Zoning at the local authority level. UGBs

need to be clearly designated at local

plan levels, ensuring that urban-type

development cannot occur outside of

the UGB, and that land inside the UGB is

well-planned for future growth. This

includes prohibiting or limiting

commercial development outside of

existing or planned commercial areas.

• Infrastructure Limits and Timing of

Servicing. This should look at revising

capital plans and timing extensions of

servicing to reflect the priorities of the

UGBs. The provision of infrastructure and

services must be limited at identified

extent where development is restricted

(i.e. agricultural areas, environment

sensitive areas, forest reserves, exurban

areas, etc.). The municipality would not

extend servicing and direct

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development to already-serviced

areas. This effectively limits substantial

growth to the existing urban areas

and hence, promotes development

closest to urbanized areas.

• Green Reserves. This mechanism will

prevent the encroachment of urban

growth into agriculture, environmentally

sensitive and other green areas outside

the UCBs.

• Agriculture Policies. UGBs will reinforce

agriculture policies and the integrity of

the agriculture lands.

• Permit Caps. Permit caps and

development control should assess

the need to limit further approved

growth until a certain amount of

existing approved capacity has been

completed, or to limit the number of

new approvals per year.

Figure 3.4 shows the relationships and summarizes the above.

Figure -3.4 : Urban Growth Boundaries Principles

Processess Planning & Management Tools Involved

• National & Regional Growth Strategies

• Zoning & Local Authority Level

• Infrastructure Limits & Time of

Servicing

• Agriculture Policies

• Permit Caps

• Green Reserves

• Land Availability Assessment

• Land Viability Assessment

• Land Requirement Assessment

• Land Prioritatization & Scheduling


Besides involving the integration and

coordination of development plans, policies

and strategies at all levels, national, regional,

state and local government, UGBs ensure the

integration and coordination of development

planning in all aspects, economic, social and

environmental. The use of zoning plans will

indicate where urban development and the

services of infrastructure will occur. The local

authority shall also direct all developments to

be contained within the area marked as

UGBs.

UGBs, as a planning policy to channel

development within certain areas and to

restrict development in others, can be

criticized for been unfair and for causing loss

in land values for the outside areas. Where

the pressure for development is great, such

policies are difficult to sustain, unless they are

combined with the intention of protecting

ecological, social, economical (from

agriculture, eco-tourism, natural resources),

and even political, assets of the outside areas

(as under the Green Reserves policy).

Restricting development requires strong

tenacity on the part of the planners and the

support of the political masters, and requires

solid reasoning. On the other hand, once the

boundaries are drawn and approved, such

as in structure plans and local plans, the limits

are protected by law, but can be duly

changed, if and when the merit arises, only in

accordance with the legal procedures spelt

out in the act.

3.3.2.2 Green Reserves

UGB policies should be complemented

by Green Reserve policies, which are

easier to impose and to defend. A form

of GR is the Green Belt, as practiced in

UK town planning.

The objectives of a GR policy are to: protect natural or semi natural

environments; retain land in agricultural, forestry and

related uses; protect attractive landscapes and the

enhancement of landscapes, near to where people live;

improve air quality within urban areas; providing opportunities for outdoor sport

and outdoor recreation near urban areas;

ensure that urban dwellers have access to the open countryside, with consequent educational and recreational opportunities;

protect the unique character of rural communities which might otherwise be absorbed by expanding suburbs;

check the unrestricted sprawl of large built-up areas;

prevent neighbouring towns from merging into one another;

preserve the setting and special character of historic towns and cultural villages;

assist in urban regeneration, by encouraging the recycling of derelict and other damaged urban land;

prevent destruction of flora and fauna; preserve valuable natural biodiversity for future needs.

The idea is for a ring of countryside

where urbanisation will be resisted for the

foreseeable future, maintaining an area

where agriculture, forestry, nature

reserves and outdoor leisure can be

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expected to prevail. The fundamental

aim of GR or green belt policy is to

prevent urban sprawl by keeping land

permanently open, and consequently

the most important attribute of GRs is

their openness.

The effectiveness of GRs can often be

eroded by urban rural fringe uses and

sometimes, development 'jumps' over

the GR area, resulting in the creation

of "satellite towns" which, although

separated from the city by green

areas, function more like suburbs than

independent communities.

Whereas Green Belts in UK are in the

form of rings surrounding urban areas,

the ISUG Green Reserve (GR) policy, is

similar in purpose but need not be in

the form of a ring. GRs can be side-

by-side with the UGBs, or even

surrounded by urban areas, as in the

case of an urban park.

GRs can consist of:

agricultural areas (including the

designated Prime Agricultural

Areas or PAA under the National

Physical Plan, and Agricultural

Land Reserves),

rural agricultural kampongs,

Environmentally Sensitive Areas

(ESA), as identified in the NPP, and

in structure plans and local plans,

recreational parks and open

spaces,

forests areas,

water catchments,

stream and river reserves,

coastal reserves,

hill-lands and slopes.

In Malaysia, the protection of certain

designated green areas is strengthened

with the availability of their own specific

national or state legislations. These areas

include:

Forest Reserves, under the National

Forestry Act,

agricultural lands, under the National

Land Code,

Hill Lands, under the Land

Conservation Act,

Water Catchment Areas, under the

Water Supply Act

Irrigation Areas, under the Irrigation

Ordinance.

National and State Parks, under the

National Park Act and State park

laws.

Stream/ river reserves

Coastal management areas

Such areas which have been designated

under their own laws can be

incorporated in zoning plans or land use

plans at national, regional, as well as

local levels. GRs should be clearly

defined in the land use policies at all

these levels.

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3.3.2.3 Rural-Urban Fringe (RUF)

Some land use zoning plans may

include a rural-urban fringe, also

known as the outskirts or the urban

hinterland, which can be described

as the landscape interface between

rural and urban areas, or alternatively

as the transition zone where urban

and rural uses mix and often clash.

Alternatively, it can be viewed as a

landscape type in its own right, one

forged from an interaction of urban

and rural land uses.

The urban fringe may be reserved for

certain land uses which have either

purposely moved away from the

urban area, or require much larger

tracts of land. As examples:

• Roads, especially motorways and

bypasses,

• Waste transfer stations, recycling

facilities and landfill sites,

• Park and ride sites,

• Market gardening,

• Hypermarkets,

• Airports,

• Large hospitals,

• Power, water and sewerage

facilities.

Despite these 'urban' uses, the fringe

remains largely open with the majority

of the land agricultural, woodland or

other rural use. However the quality of

the countryside around urban areas

tends to be low with severance between

areas of open land and badly

maintained vacant lands.

3.3.3 Transit Orientated Development (TOD), and Compact City Development (CCD) for greater urban living environment

Transit Oriented Development is the

exciting new fast growing trend in

creating vibrant, livable communities.

Also known as Transit Oriented Design,

or TOD, it is the creation of compact,

walkable communities centered around

high quality train systems. This makes it

possible to live a higher quality life

without complete dependence on a car

for mobility and survival. It is seen as a

major solution to the serious and growing

problems of soaring energy prices and

global warming by creating dense,

walkable communities connected to a

train line that greatly reduce the need

for driving and the burning of fossil fuels.

Transport Oriented Development (TOD)

concerns about the requirement to

design viable landuse patterns (but most

preferable compact patterns), social

integrity, infrastructure spending priorities

(fiscal), and environmental protection.

The major goals of the TOD is to increase

ridership, promoting economic

development, reducing infrastructure

cost and rising revenues for transit

properties and protecting the

environment.

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3-15


3.3.3.1 Factors Driving The Trend Towards TOD

The rapid growth of private cars on

the roads in the US, has resulted in

massive traffic congestion in almost all

major cities. People living in sprawling

suburbs traveled longer distances to

work, and shop, whilst much time and

energy was spent on the roads. The

expansion of cities into suburbia

followed major highways. This strip

development soon became too

much of a hassle for people living in

them, as people had no time with

families as much time was spent on

the roads. This growing distaste of

suburbia was instrumental to the need

for a different form of travel mode,

namely the public transport.

At the same time there was also a

growing need for a greater quality of

life which living in suburbia did not

offer. The desire for more walkable

lifestyles, away from traffic

increasingly became major factors for

planners to seek other means of

urban development.

There was also the growing national

support for smart growth. The Federal

Government gave a new focus

towards more sustainable

developments, and the need to have

a more sustainable urban form

helped in spearheading the TOD

concept.

3.3.3.2 The Principles of TOD

Based on reports produced by the Transit

Cooperative Research Program1 (2004)

for the USA and the Smart Growth BC’s

Transportation System2 (2005) for British

Columbia, the principle guidelines of

TOD that supports smart growth can be

divided into three major elements as

follows;

a. Transportation

Transportation decisions and investments

related to transport infrastructure must

be shared by all levels of government,

and guided by the Transportation

Hierarchy to disperse and calm traffic

and to support alternative modes such

as walking, cycling, public transits, goods

and commercial services, high

occupancy vehicles and single

occupancy vehicles.

With the use of appropriate connector/

path, all places must be interconnected

and the street networks should be

efficiently and safely renovated or

established to encourage people to use

them. Besides, the local government

1 Transit Cooperative Research Program (2003) was conducted by the Transportation Research Board with the approval of the Governing Board of the National Research Council. TCRP provides a comprehensive assessment of the state of the practice and the benefits of transit-oriented development (TOD) and joint development throughout the United States.

2 Smart Growth BC’s Transportation System is a report (2005) outlining transportation policy for the whole British Columbia


may adopt the following policies to

encourage people to travel less

especially by private car.

i. Locate new development and

major generators of traffic (transits

such as railway station) where

they could be accessed by

means other than private car (i.e.

train, commuter, etc.)

ii. Restrict parking provision.

Iii. Protect and strengthen existing

local centres.

iv. Maintain and improve choice for

people to walk, cycle or catch

public transport

v. Transportation spending must

emphasized on facilitating

economic activity rather than

aiming to generate jobs and

investment.

vi. Provision of new and

improvements of transportation

infrastructure must be designed

fairly to citizens with safe,

convenient and affordable

access to most daily needs,

including employment,

education, shopping, personal

services and recreation.

vii. Transportation decisions designed

to support land use and

economic objectives as opposed

to relieving short-term congestion

problems caused by low density

development;

viii. Encouraged public participation

on any TOD development

planning such as advocates for a

balanced approach to infrastructure

spending.

b. Landuse

Urban development must be guided

primarily by ideas of compact, mixed

landuse, efficient land use planning

rather than the expansion of

transportation capacity to meet

increasing travel demand such as

placing higher density housing near

commercial centers, transit lines, and

parks (encourage to jobs-housing

balance). Infill and redevelopment

within mixed-use neighborhoods

(brownfield development), and

communities with residential and

employment densities sufficient to

enhance the viability of higher priority

transportation modes must also be

encouraged. The authority concerned

need to phase convenience shopping

and recreational opportunities to keep

pace with housing and make

subdivisions into neighborhoods with well-

defined centers and edges.

Within a compact development, all the

facilities such as library, sport complex,

school and community hall are to be

located in the center of the community

to reduce the need to travel. In

addition, housing development must be

of mixed housing types and at a

reduced housing cost which can be

achieved by cost-effective site

3-16


development and construction

practices There must be a continuous

supply of affordable single-family and

multifamily homes for moderate-

income and low-income households

and a mix type of housing may also

be encouraged in a manner to the

extent the market will bear.

c. Environmental Principles (Preserve

Entire Ecosystems)

The TOD will also use a system

approach to environmental planning

by channeling development into

areas that are already disturbed such

as brownfields (further elaboration in

passages below). All lands classified

under environmental sensitive areas

such as a patch of high-quality

habitat, forest, highlands, wetlands

and natural water bodies need to be

preserved through the establishment

of buffer zones. Efforts can also be

focused on the restoration and

enhancement of ecological functions

damaged by prior site activities,

minimize runoff and pest

management (i.e. air and noise

pollution) through reforestation,

clustering development on the least

porous soils and zoning landscaped

areas by using “Xeriscape

landscaping” (method of

landscaping that emphasizes water

conservation). The authority must also

design and construct all necessary

and effective structures to minimize

natural and man-made impact such as

runoff, permeable pavements, drainage

systems, lakes and storm water ponds for

maximum environmental value.

3.3.3.3 Components of the TOD

Several components are vital in the TOD development: These are itemized below: Walkable design with pedestrian as

the highest priority

Train (or monorail or Light Rail) station

as prominent feature of town center:

A regional node containing a mixture

of uses in close proximity including

office, residential, retail, and civic

uses

High density, high-quality

development within 10-minute walk

circle surrounding train station

Collector support transit systems

including trams, light rail, taxis and

buses, etc

Designed to include the easy use of

bicycles, scooters, and rollerblades

as daily support transportation

systems

Reduced and managed parking

inside 10-minute walk circle around

town center / train station

3.3.3.4 The Implementation Tools of TOD/

Compact Cities

The implementation of TOD refers to the

combination of what the theories have

suggested and the practicality of such

theories on the ground. Therefore, the

3-17


planning committee (or appointed

taskforce) is required to certify the

vision of TOD and thus prepare

strategic plan for implementation

guidelines. The plan must consider

places where people want to live,

work, play, and raise a family. For

example, two Scandinavian cities,

Copenhagen and Stockholm,

adopted metaphors earlier on to

articulate and market their visions of

the future. The following are the

factors that need to be taken into

consideration in designing the TOD.

i. TOD Zoning – Overlay Zones

(maximize landuse, for effective

landuse control without increasing

the complexity of the regulations),

TOD Landuse (identifying

unwelcome land uses and specify

activities that are permitted as-of-

right), TOD densities (set density

such as residential) and TOD

Parking Codes (specify minimum

parking lots or restricted if

necessary)

ii. Support from Upper Hierarchy of

Government - Survey respondents

from transit agencies,

municipalities, and

redevelopment authorities were

also asked to weigh the

importance of initiatives

introduced by higher levels

government (e.g., regional, state,

and federal) towards promoting TOD.

iii. Funding TOD (Public Perspective) - as

with most real-estate development,

TOD occurs largely through the

private marketplace. Besides, funds

may also be acquired from the

public sector agencies such as transit

agency, local government, and

higher level of government (i.e.

regional institutions)

3.3.3.5 Benefits of TOD

The benefits of the TOD concept can be summarized as follows: Higher quality of life Better places to live, work, and play

Greater mobility with ease of moving

around

Increased transit ridership

Reduced traffic congestion and

driving

Reduced car accidents and injuries

Reduced household spending on

transportation, resulting in more

affordable housing

Healthier lifestyle with more walking,

and less stress

Higher, more stable property values

Increased foot traffic and customers

for area businesses

Greatly reduce dependence on high

costs of fuel

Greatly reduce pollution and

environmental destruction

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Reduced incentive to sprawl,

increased incentive for compact

development

Less expensive than building roads

Enhanced ability to maintain

economic competitiveness

Transit can enable a city to use

market forces to increase densities

near stations, where most

services are located, thus creating

more efficient sub-centers and

minimizing sprawl.

Transit enables a city to be more

corridor-oriented, making it easier

to provide infrastructure.

Transit enhances the overall

economic efficiency of a city;

denser cities with less car use

3.3.3.5 Brownfield Development

Brownfield development is also seen

as another important element to

achieve the goal of smart growth and

is integral to the TOD and Compact

Cities mechanism. It may be defined

as land previously built on but is

currently unused. A separate study by

the JPBD has given the definitions of

brownfield sites as pertain to the

Malaysian conditions.

The suburbanization of industry, the

relocation of harbours, the

abandonment of inner city railway

lands, and the divestment of

government installations, have left

tracts of unused land within most inner

urban areas. Many are contaminated.

However, in terms of location, they often

have great advantages in that they are

surrounded by urban development,

have a location associated with railways,

ports or canals, are near lakes or

waterways, near downtowns and most

importantly, these areas have

infrastructure facilities in place.

Brownfield development involves reuse

of land that is often abandoned,

environmentally compromised, and has

typically had an industrial tenant. As

brownfield sites are often found in cities

(frequently in low income

neighborhoods), it can certainly be

regenerated and rehabilitated to

productive use. Brownfield development

is also a key component to maximum use

of the built environment, Transport

oriented developmen and compact

development.

According to the Department of

Environment, Transport and the Regions

(DETR), UK, (cited by Adams & Watkins,

2002) a brownfield site or a previously

developed land must satisfy the following

conditions:

a. is or was occupied by a permanent

structure (excluding agricultural or

forestry buildings) and associated

fixed surface infrastructure

b. occurs in both built up and rural

settings

3-19


c. includes defence buildings or

land used for mineral extraction

and waste disposal where

provision for restoration has not

been made through

development control

procedures

d. excludes land and building that

are currently in use for

agricultural or forestry purposes,

and land in built up areas which

has not been developed

previously

e. excludes land that was

previously developed but where

the remains of any structure or

activity have blended into the

landscape in the process of time

and where there is a clear

reason that could outweigh the

reuse of the site or where it has

subsequently been put to an

amenity use and cannot be

regarded as requiring

redevelopment.

Brownfield development encourages

redevelopment of brownfield

properties with the provision of

pedestrian friendly, transit accessible

properties, built compactly with

mixture of land uses and with access

to public spaces such as parks or

plazas. The incorporation of smart

growth principles in brownfield

development can create greater

benefits from the reuse of infill sites,

reduce demand for land and

development on the urban fringe, and

improve the air and water quality of

essential component of smart growth, as

both seek to return abandoned and

underutilized sites to their fullest potential

as community economic assets. Thus,

brownfield development must be carried

out thoroughly, cost-effectively and fair

to everybody.

The marginal extra cost of

accommodating a new residential unit

or increment of commercial floor space

tends to be lower in established urban

area than in greenfield peripheral

development sites, because infill and

densification in existing urban areas can

use existing available infrastructure

capacity rather than requiring the

extension of urban services to areas that

are previously unserviced. New

development, if carried out in an

established area, often requires

infrastructure upgrading. The total cost,

however, for the infill for roads and other

major infrastructure will still be lower than

the cost if the new development were to

take place in a greenfield area.

To address some of the problems of

brownfield areas (economic, physical/

building, social constraint and etc.),

development purpose must therefore be

set within an overall approach that

emphasizes the importance of creating

livable cities, regenerate economic;

stimulating demand, building

confidence and making sites available.

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3.3.3.5.1Implementation of Brownfield Development

Brownfield development is

implemented through several

methods. It contains the urban

design strategies where

emphasis was given on

matters related to the

rehabilitation of building for

specific use particularly for

housing program, demolish

unusable buildings and

refurbish the whole affected

areas with a smart street

design.

According to Baerny (2004),

brownfield development

involves redevelopment of a

brownfield site to let the city

serve more people without

encroachment on the

surrounding land and paying

for expensive new

infrastructure. The strategy

encourages high density

housing and employment in

areas where infrastructure and

services are already in place.

However, one must also

consider the following

constraints in implementing

any brownfield development

as they may affect the success

of the dev

a. Low rents (poor area) and

make it unattractive for

investors

b. Contamination from previous

development will reduce the

value of the land

c. The number of property

owners involved in the

brownfield development

d. Social problems (i.e. always

being linked as an area with

high degree of crimes)

e. Unsuitable infrastructure

capacity and the need for

extension if brownfield

development is applied (i.e.

length of roads, capacity of

loads; water, and etc.)

Besides improving the condition

of infrastructure facilities and

regenerate the area as a whole,

Weitz, J. (2002) suggests that

brownfield development may

consider a mixed use of building

and high degree of accessibilities

to promote livability and to

increase the value for investment.

A hierarchy of streets within the

interconnected path, pavement

width, number of lanes, sidewalks,

landscaping, lighting, street trees

and other landscaping and

pedestrian route must be clearly

designed. The examples of

vertical mixed use of building and

pedestrian access are shown in

the following figures.

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The last decade has been

characterized by much efforts

to redevelop these brownfield

sites. It is argued that it is more

cost effective to develop

lands that are already

serviced, that such

development can trigger

other redevelopment, and

which result in avoidance of

the phenomenon of sites

which do not contribute to

taxes and rates. Furthermore,

reuse will bring population

back into the inner city if sites

are redeveloped for housing,

improve city revenues, and

help avoid wasteful

consumption of agricultural

land on the fringe.

The example of George Town

and Seremban indicated that

most developments are within

road transport corridors, which

has inevitably led to urban

sprawl. Nevertheless, the most

developments are within road

transport corridors, which has

inevitably led to urban sprawl

However, this will be an

opportunity for the local

authority to encourage higher

density developments along

these major public transport

routes, especially through infill

developments a elopement and

urban renewal projects.

3.3.4 Sequential Approach (SA) - Prioritizing

Development For Smart Urban Growth

The sequential approach may one of

the mechanisms to slow down urban

sprawl and at the same time, ensure that

development projects is demand based

and not the supply led as is the case in

Malaysia, resulting in the over supply of

certain types of properties. The

Sequential Approach is closely related

with the Brownfield development and

urban revitalization mechanism to be

described in the following passages

below.

In essence, the Approach needs the

involvement of the private sector in

ensuring that development is given first

preference for town centre sites, where

suitable sites or buildings suitable for

conversion are available, followed by

edge-of-centre sites, district and local

centres and only then out-of-centre sites

in locations that are accessible by a

choice of means of transport. The

approach should be applied to retail,

private institutional, residential or any

other development that is associated

with the provision of services for a vibrant

town centre.

Local authorities should manage the

release of sites over the plan period in

order to control the pattern and speed

3-22


of urban growth, ensure that the new

infrastructure is coordinated with new

developments. It is for each local

planning authority to determine the

form of such phasing policies.

Sufficient sites should be shown on the

local planning authority’s

development plan’s to

accommodate at least the first five

years (or the first two phases) of

housing and other developments

proposed in the plan. Site allocations

should be reviewed and updated as

the plan is reviewed and rolled

forward at least every five years. Local

planning authorities should monitor

closely the uptake of both previously-

developed and greenfield sites and

should be prepared to alter or revise

their plan policies in the light of that

monitoring.

Only if it can be demonstrated that all

town centre options have been

thoroughly addressed and a view

taken on availability, should less

central sites in out-of-centre locations

be considered for key town centre

uses. Where development proposals

in such locations fall out with the

development plan framework, it is for

developers to demonstrate that town

centre and edge-of-centre options

have been thoroughly assessed. Even

where a developer, as part of a

sequential approach, demonstrates

an out-of-centre location to be the

most appropriate, the impact on the

vitality and viability of existing centres still

has to be shown to be acceptable.

Furthermore, the development should be

easily accessible by a choice of means

of transport and not be dependent on

access solely or mainly by car.

The factors and elements that are

required for the implementation of the

sequential approach shall be as follows:

a. Support of Town Centres as the first choice

The Government recognizes that the

application of the sequential approach

requires flexibility and realism from

developers and retailers as well as

planning authorities The scope for

converting existing vacant and under-

used premises in the town centre should

be addressed as part of this approach.

Planning authorities should also be

responsive to the needs of retailers and

other town centre businesses. In

consultation with the private sector, they

should assist in identifying sites in the

town centre which could be suitable and

viable.

b. Action required -Development

Plans

In preparing development plans,

planning authorities should take account

of the broad forecasts of retail demand,

deficiencies in retailing provision (if any),

and how the retail sector is likely to

respond to that demand over the plan

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period, by reference to location and

type of retailing. Likewise, they should

take account of the market demand

for other related developments, such

as commercial leisure developments.

They should, in consultation with

business interests and the local

community, seek to agree a

framework for promoting the retailing

and commercial leisure roles of town

centres, co-ordinated with their

policies on transport, car parking and

regeneration. This should lead to a

town centre strategy involving the

private sector including retailers,

leisure operators, property owners and

investors, and infrastructure providers,

setting out the scope and policies for

change, renewal and diversification.

c. Identify Qualities of the Town

Centre

Planning authorities should identify

and build on the essential qualities of

the centre and seek to ensure that it

meets the needs of the community it

serves. They should take account of

the dynamic nature of the retail and

leisure industries and the need to

make good use of existing

infrastructure investment in town

centres.

d. Establishing Priorities Within that context it should be

possible to establish the extent to

which the town centre in the first

instance, and edge-of-centre in the

second instance, can satisfy that

demand through development and

change. The scope for provision of any

new out-of-centre development should

satisfy all and should be incorporated in

the development plan for the area.

e. Likely Impact on Rural Areas Where appropriate, development plans

should take account of the likely impact

of major shopping proposals on rural

areas. They should also ensure that their

policies are compatible with the aim of

encouraging sustainable development

and generally seek to minimize travel

demand for shopping in their locational

decisions.

f. Structure Plans

The strategic framework in structure plans

should :

set out the policy for supporting and

enhancing town centres, including

an assessment of how far the existing

town centres might be able to meet

the demands for new shopping

floorspace and other uses, while

contributing to consumer choice and

access to new formats;

indicate whether, as part of the

sequential approach, there is scope

for retail developments with town

centres; if so, indicate their scale and

general location, ensuring co-

ordination with expected housing,

employment, or other planned

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developments, including transport

infrastructure; and

reflect the criteria set out in this

guideline against which retail and

commercial leisure development

proposals with town centres

should be assessed.

The key diagram should distinguish the

types of location to which different

policies apply.

g. Local Plans

Local plans should provide local

detail and a sharper focus to the

structure plan framework. They should:

assess the performance of

individual centres and, as part of

the strategy for town centres,

indicate their potential for

change, improvement or stability;

aim to safeguard and support

existing town centres and other

retail facilities, such as local

centres and neighbourhood

shops, where they are serving the

local community well;

identify sites, including those

suitable and available within a

reasonable timescale, for new

retail and commercial leisure

developments within town

centres, and, if appropriate, at the

edge-of-centre;

include criteria based policies to

provide guidance to developers

who may propose new

developments out with the

framework of preferred sites in the

development plan, and indicate

how such developments will be

assessed; and

include related policies for transport,

car parking and for improving the

environmental quality of town

centres, retail and commercial leisure

developments, and specify design

criteria and standards against which

proposals will be judged, including

those in out-of-centre locations.

Local plans may also distinguish between

primary and secondary frontages in town

centres, when different policy

approaches are being applied. In each

case the plan should set out clear

policies for development control

decisions on retailing and related

development. Plans should also show

any areas for special initiatives to

improve accessibility for people with

disabilities, and for shoppers with prams

or pushchairs.

h. Monitoring of Retail Developments

Plans should be soundly based on up-to-

date information. Retailing policies and

proposals in development plans should

therefore be based on a factual

assessment of retail developments and

trends. Data on the quality, quantity and

convenience of retailing in the area and

the potential capacity for growth or

change in the shopping centres will be

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important to ensure plan policies and

proposals are properly informed.

Where appropriate, authorities should

maintain time series data on shopping

patterns set up by former authorities.

The private sector should also be

encouraged to help provide

information. Local Authorities may

work closely with the National

Property Information Centre (NAPIC)

to obtain up to date information on

property patterns, values and

transactions.

The validity of any assessment will

depend particularly on the quality,

quantity and relevance of the

information obtained. It is therefore

important for an authority to ensure

that data are as comprehensive,

accurate, and up-to-date as possible.

Relevant data might include

population change, economic

growth or decline, retail floor space,

shop counts, expenditure patterns,

car parking, accessibility, pedestrian

flows and consumer attitudes.

Thus, the Sequential Approach

strategy can be implemented with

support from the UGBs which would

already have delineated the urban

boundary limits of all city and towns

within the authority’s jurisdiction. With

these two tools of development

control and management, it is

expected that there will be less leap

frogging of developments and land

speculation.

3.3.5 Community Participation and Support

(CPS) For Responsive Planning and

Management of Urban Growth

In many urban communities, particularly

in the USA and European nations, public

participation is well advanced with high

degree of awareness. Although each

community differs in the content of its

plans, almost all of the plans rest on a

clear statement of principles or values

that the community as a whole wants to

preserve, to improve and to enhance.

These principles are usually developed

collaboratively by a diverse group with

different professions and expertise that in

turn leads to better and fair result in the

decision making of the development

process (Smart Growth Network, 2003).

With regards to the smart growth

strategies, the identified rationale for

citizen participation in the development

process may be viewed from three

different angles. Firstly, it promotes dignity

and self-sufficiency within the individual

and secondly, it taps the energies and

resources of individual citizens within the

community. Most importantly, the citizen

participation in development process

provides a source of special insight,

information, knowledge, and experience

gained (may not be seen by others)

through discussion and representative of

citizen consensus. This is practically

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effective as identified problem will be

solved with the soundness of

community solutions that equal to

everyone. The result is an emphasis on

well-supported problem solving to

eliminate deficiencies in the

community.

On the other hand, citizen

participation can legitimize a

program, its plans, actions, and

leadership. Success of the citizen

participation would benefit the

community such as reducing the cost

of the project. Overall, the success

may translate into economic profits or

even improved services and better

community building that benefits

everyone.

The state should support public and

private efforts to create and maintain

“livable” urban areas where people

want to live, work, invest and grow a

business, learn, shop, and recreate

and where there is a range of

equitable housing options for all

income levels by:

a. Complementing local

government’s efforts to create

“green infrastructure” such as:

i. Creating inner-city

trails/pathways/open

space/parks;

ii. Promoting public access to

and enjoyment of urban

waterfront assets;

iii. Using tax reverted lands to create

open space that encourages

development;

iv. Developing public and private

partnerships.

b. Establishing a permanent and

secure state funding source for

capital and operational

assistance to help support

cultural, artistic, and historical

assets and institutions ;

c. Encouraging efforts to control

urban slums through:

i. funding demonstration projects

that apply the principles of

programs identified as successful;

ii. Adopting legislation that would

encourage local governments to

adopt civil remedies to municipal

code violations and allow the

establishment of an expedited

process to adjudicate alleged

violations outside the criminal

court system;

d. Creating market rate and

affordable housing options in

urban and rural areas by:

i. Establishing grants for-profit and

nonprofit developers that agree

to develop mixed-income rental

and homeownership projects;

ii. Encouraging Smart Housing

Zoning Codes that simplify urban

redevelopment processes,

encourage mixed use and

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income levels, and expand

housing choices;

iii. Expanding programs to help

people with lower incomes

become homeowners.

e. Recognizing the needs of

employees and customers of

new or expanding city centre

businesses to have

transportation access without

consuming large areas of the

central business district for

surface automobile parking by:

i. Encouraging and assisting

communities with access to

mass transit to consider

public/private partnerships to

reduce public transit costs to

city centre employees from

public and private savings

otherwise needed to construct,

maintain, and operate

employee parking facilities,

and/or

ii. Developing and enhancing

ways for municipalities and

private developers to fund,

finance, construct, operate, and

maintain mixed-use parking

structures with compatible

commercial space on the

first/ground level that also

supports compact, walkable

urban centers and minimizes the

negative impacts of surface

parking lots.

f. Supporting local “Safe Routes to

School” programs, which

encourage walking and biking to

school and address safety

concerns (e.g., increased

enforcement of traffic laws, design

of safer streets, public education

on safety, and removal or control

of structures that pose hazards to

children)

g. Supporting day care, job training,

higher education, and similar

facilities as integral components of

urban neighborhoods

h. Providing adequate resources to

public schools and improve

educational accountability;

i. Retaining and Attracting Residents

to Cities: The state should develop

policies that retain and attract a

diverse population, including

recent college graduates, skilled

workers, artists, entrepreneurs,

highly educated individuals and all

others who seek to live and work in

diverse, vibrant urban communities;

j. Commerce Centers: The state

should recognize certain

communities as “commerce

centers” because of their

fundamentally urban/suburban

and commercial character, and

the fact that infrastructure (e.g.,

water and sanitary sewers) is

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already in place. The state

should target its resources to

support redevelopment and

growth within these existing

commerce centers by adopting

policies and legislation that

would define commerce

centers based upon (1) relative

population density, and (2)

availability of public

infrastructure required to support

development

k. Transportation: The state should

recognize that cities need a

diverse set of mobility options. In

partnership with the federal and

local governments, the state

should support modern, cost-

efficient, multimodal

transportation systems to assure

that our urban areas are

accessible, attractive and

efficient for people of all ages,

incomes, and physical abilities.

3.3.6 ISUG Database Management and Decision Support System for integrated planning, managing and monitoring of urban growth

One of the areas of weaknesses in the

present planning system is in the

compilation, analyses and

management of data and in the use

of data for decision-making in the

formulation of development plans

and in development control. The

collection, compilation, analysis,

management, dissemination, reviewing,

and up-dating of good data is the base

for good planning. The use of these data

to make good decisions is just as

important. Weaknesses in these

processes have caused many problems

in the planning process; some of these

are:

difficulty, tediousness and high cost

of data collection, analysis, review

and up-dating;

inaccurate and out-dated data that

do not reflect actual real life

situations and problems;

formulation of plan objectives that

are not truly reflective and responsive

to the actual issues and problems,

formulation of plan strategies that are

not effective in dealing with the

actual issues and solving the actual

problems, or worse, that may

aggravate them;

uncertainty, indecision and bad

decisions on the part of officers and

political decision-makers in plan

formulation and development

control;

delay in the preparation of plans and

in the consideration of applications

for planning permission;

lack of confidence on the part of

stakeholders and the community in

the plans;

ineffective and hostile public

participation;

unforeseen and undesirable impacts

of development;

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unsustainable development.

The need for data and information

arises at all levels, from that of senior

decision-makers at the national level

to the grass-roots and individual level,

and at all stages of development, in

plan-making, implementation,

regulating and monitoring.

Comprehensive information on the

various social, economic and

environmental development issues,

such as land resources, land use,

population and demography,

employment and income, industry,

commerce, agriculture, tourism,

housing, public utilities, community

facilities, leisure and recreation,

environmental quality, urban form

and landscape, and traffic and

transportation, is the basis for good

integrated, holistic planning.

The ISUG approach envisages a

comprehensive integrated database

management system combined with

a decision support system, called the

ISUG Database Management and

Decision Support System which

consists of:

i) ISUG Database Management

System - an integrated

database management system

for the collection, compilation,

analysis, storage, retrieval,

reviewing, up-dating,

communicating and

dissemination of information for

planning and management of

ISUG,

ii) ISUG Decision Support System - an

integrated computerized system to

help in decision-making in urban

development planning, control

and management,

iii) ISUG Indicators - a complete

operational set of criteria,

indicators and indices for the

assessment, measurement, and

monitoring of present and

proposed urban development and

their impacts.

iv) ISUG Cost Benefit Assessment – a

comprehensive analytical

approach for the assessment of

environmental, social and

economic impacts and risks of

proposed development in the

formulation of plans and in

development control and

monitoring.

The use of computers and the

Geographic Information System (GIS) is

essential for the efficient setting up,

maintaining and running of such a

system because of the vast array of

spatial and temporal data, the wide

range of urban matters, and the

complex analytical processes involved.

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3.3.6.1 ISUG Database Management System

The ISUG Database Management

System envisaged, which can be

called ISUGDMS for short, is a GIS-

based electronic data management

system that can be used to, among

other things:

assess, collect and compile data

for planning purposes from

primary as well as secondary

sources in raw data form as well

as in standard and common

formats;

automatically analyse data

according to standard

classification with temporal and

spatial attributes for common

specific purposes, and also

analyse easily for any other

purposes;

store and file the raw and

analysed data for easy retrieval;

up-date the data automatically;

disseminate data and

communicate with users and

stake holders;

make information presentation to

decision-makers in clear format.

It is envisaged that the database for

ISUGPDMS, as a start, will incorporate

all existing relevant planning

information that have been compiled

in the preparation of national plans,

structure plans and local plans.

However it has to devise and establish

standard formats to coordinate all these

data. On-going day-to-day information

on land, land resources and on

development, as well as on economic,

demographic and social matters, can be

obtained from the various departments

and agencies. These sources of regular

planning related information include:

i. Department of Land Survey and

Mapping: cadastral maps,

topographical maps;

ii. Department of Land and Mines, land

offices and district offices: data on

land status, land ownership, land

transactions;

iii. Statistics Department: population,

demographic, housing, employment,

income data;

iv. Department of Valuation and

Property Services: property market

data, supply and demand of

residential, commercial and industrial

properties, land values, property

transactions;

v. Public Works Department: data on

road planning, road construction,

road capacity, traffic volume. O&D

traffic data;

vi. Drainage and Irrigation Department:

data on rivers and drainage patterns,

rainfall, water runoff, flooding,

irrigation areas;

vii. Department of Mineral and

Geosciences: data on hill slopes,

land stability;

viii. Department of Environment: data on

air and water quality, pollution from

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industries and businesses,

environmental impact assessment

reports;

ix. Public utility departments and

agencies for water supply,

electricity supply, sewerage

management,

telecommunication services: data

on the supply and availability of

public utilities;

x. Education Department: data on

schools, number of students,

teachers;

xi. Health Department: data on

clinics, hospitals, number of

patients, doctors:

xii. Police Department: data on

police stations, number of police,

crime rates, traffic accidents;

xiii. Local Authority Town Planning

Department: data from planning

permission applications and

approvals on proposed and

approved residential, commercial,

industrial, institutional, community

facilities, etc, in terms of units, floor

area, location, height, type, data

from local plan such as land use

plan, future land use plan,

planning control guidelines;

xiv. Local Authority Building

Department: data from building

plan applications and approvals

and from completion certificates

on residential, commercial,

industrial, institutional, and other

buildings in terms of units, floor

area, height, types, data on building

uses;

xv. Local Authority Engineering

Department: data from earthworks

plans, data on traffic, parking, roads,

xvi. Local Authority Landscape

Department: data on trees, tree

planting, tree felling, parks;

xvii. Local Authority Licensing

Department: data on number of

licenses of types of businesses,

business premise, change of use,

complaints of nuisance;

xviii. Bus, taxis and other public

transport companies: data on routes,

frequency, no of passengers, no of

trips.

Other important sources of planning

data are private sector businesses and

NGOs.

Besides establishing standard common

user-friendly formats and electronic

networks for the sourcing and

compilation of these data, the system

should also allow easy assess of these

information and value-added

information by its users in the government

and private sectors and communities. A

important use of these data is to aid

decision-making in development

planning, control and management. To

do this the ISUGIMS is combined with an

appropriate computerised Decision

Support System.

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3.3.6.2 The ISUG Decision Support System

Decision-making in planning and

management of urban growth and

development is a complicated

process. It requires the proper use of

relevant data, which has to be

analysed in a holistic and integrated

process, taking into consideration

social, economic as well as

environmental aspects of urban

development. The ISUG approach

envisages the setting-up of an

integrated GIS-based Decision

Support System to aid in decision-

making for the formulation of urban

development plans and policies at

national, regional, state and local

authority levels, in development

control and licensing by state and

local authorities, and in the

management and monitoring of

urban growth and development. The

ISUG Decision Support System or

ISUGDSS in short, is to use data

compiled to help in the making of

good and fast decisions in all these

processes. Data is useless if it does not

serve this purpose.

For this purpose, the setting up of

ISUGDSS should have, among others,

the following aspects:

i) The system must know clearly who

are the users of the information,

the decisions they are to make,

and the purpose of the decisions;

ii) The information conveyed and its

purpose must be clear and easily

understood; The information for

planning must be effectively

communicated to and understood

by “decision-makers” and stake-

holders at all levels and sectors, at

national, regional, state, and local

levels, in the government, private,

business and community sectors,

from the planning officers formulating

draft proposals, politicians selecting

optional proposals, businesses and

NGOs providing inputs, and

communities and residents making

representations and objections. The

level of understanding of the stake-

holder depends on his background,

experience, education level and

interests. The ISUG approach

envisages the setting-up of

permanent information centres for

the public, and “operation rooms” for

government decision-makers.

iii) The system must also ensure that the

stake-holders understand clearly the

implications of their decisions and

actions and ensure that responsible

decisions are made. Good decisions

have to be holistic and have to take

into account all aspects of

development and their impacts, not

only the economic costs and

benefits, but also environmental and

social costs.

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Among the tools that aid decision-

making for sustainable development

that can be incorporated in ISUGDSS

are:

• Strategic Environmental

Assessment (SEA), which is a

systematic process for evaluating

the environmental consequences

of proposed policy, plan or

programme initiatives in order to

ensure they are fully included and

appropriately addressed at the

earliest appropriate stage of

decision-making on par with

economic and social

considerations. SEA should be

done during the formulation of

structure and local plan strategies

and proposals.

• Environmental Impact Assessment

(EIA), which is the process of

identifying, predicting, evaluating

and mitigating the physical,

social, and other relevant effects

of development proposals prior to

major decisions being taken and

commitments made. The purpose

of the assessment is to ensure that

decision-makers consider

environmental impacts before

deciding whether to proceed with

new projects, or whether to

approve applications for planning

permission.

• Environmental Management System

(EMS), which is a tool for managing

the impacts of development on the

environment. It provides a structured

approach to planning and

implementing environment

protection measures. The ISO 14000

standards provide both a model for

streamlining environmental

management, and guidelines to

ensure environmental issues are

considered within decision making

practices.

The ISUGDSS should also include

assessment of costs, benefits and risks to

ensure more responsible and

accountable decision-making in the

planning and management of urban

development.

Appropriate urban growth indicators

need to be developed to provide solid

bases for decision-making at all levels

and to contribute to a self-regulating

sustainability of integrated environment

and development systems.

3.3.6.3 ISUG Indicators (ISUGI)

Urban growth indicators help in decision-

making at various levels, and different

types of indicators are required for

different purposes. The ISUG approach

envisages the adoption of a set of

criteria, indicators and indices at various

3-34


stages of development planning and

management.

i) At development planning stage

when Strategic Environmental

Assessment is carried out; the ISUG

Indicators are used to evaluate

the environment impacts of

structure plan and local proposals,

and to measure the costs and

benefits of the alternative

proposals;

ii) For development control; the

indicators are used to assess the

impacts and to measure the costs

and benefits of proposed

development projects in the

consideration of applications for

planning permission by the local

authorities;

iii) For the monitoring of

development being carried out;

the indicators are used to

measure whether the

development complies with

stated environmental standards

and conditions;

iv) To assess the status of a local

municipal, state or national area

in achieving sustainable

development or ISUG standards;

the indicators used are similar to

Sustainable Development

Indicators (SDI) and Quality of Life

Index (QLI).

3.3.6 4 ISUG Cost Benefit Assessment (ISUGCBA)

The ISUG approach requires that in the

formulation of options for plan proposals

and in the consideration of applications

for proposed development, decisions are

to be based on a comprehensive and

quantifiable approach, in order to abide

by the principles of sustainable

development, as spelt out in Chapter 8

of Agenda 21: “Integrating Environment

and Development in Decision-Making”,

and in Chapter 10: “Integrated

Approach to the Planning and

Management of Land Resources”. As

part of the recommendations of the

Agenda 21 chapters, the ISUG approach

will adopt “comprehensive analytical

procedures for prior simultaneous

assessment of the impacts of decisions,

including the impacts within and among

the economic, social and environmental

spheres; analysis should also include

assessment of costs, benefits and risks.”

Decision-making will be aided by a

thorough assessment of the costs and

benefits, including “hidden”

environmental and social costs. A

comprehensive accounting method of

calculating and quantifying risks, costs

and benefits of development impacts,

caused by various development

activities, on various sectors of society,

using appropriate ISUG indicators, need

to be derived for this purpose.

ISUG indicators used in cost benefit and

risk assessment of development impacts

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3-36


should be comprehensive and

relevant. Among other aspects, ISUG

indicators may include:

Geotechnical and land resources:

land stability, land slide, soil

settlement, erosion, flooding, land

availability, land suitability;

Ecological: fauna and flora,

natural biodiversity, forests and

wetlands, rivers, marine resources;

Food production: agriculture,

fishing, aquaculture;

Climate: Climate change, global

warming, carbon emission, green

house gases, trees and

vegetation;

Air quality: air pollution, air quality

index, noise pollution

Water quality: water pollution,

water quality index;

Public utilities: supply, demand

and costs of water, electricity,

sewerage, telecommunication,

waste management services;

Economy and Income:

employment, income, costs of

living;

Traffic and Transport: traffic

impact, public transport, cost of

traveling,

Housing and living environment:

housing demand and supply,

costs of housing, clean

neighbourhood environment,

safe, bicycle lanes, foot paths;

Community facilities and services:

facilities for recreation, schools, no

of teachers, health clinics and

hospitals, no of doctors, police

stations, no of policemen, shops;

Social: sense of place, sense of

belonging, sense of community,

sense of security;

Cultural: traditional practices,

religious facilities, heritage, spiritual

pursuits;

Design and Aesthetic: protection of

vistas, urban design, arts, public

realm design.


Table 3. 1: Summary of The ISUG Database Management And Decision Support System

No. System What is it What it is for Contents

1 ISUG Database Management System

Integrated collection, compilation, analysis, storage, retrieval, updating, reviewing, communicating, etc.

Existing planning information from plan preparation; obtained from various agencies and departments

Cadastral, topography, maps, land status, ownership, population, employment, incomes, property markets, roads and infrastructure, planning and building application, status, etc.

2 ISUG Decision Support System

Help in decision making in planning control and management

Need to know who are the users, decisions to be made and purpose of decision, implications of decision.

SEA EIA EMS Assessment of costs, benefits and risks

3 ISUG Indicators

Set of criteria and indices for assessment, measurement and monitoring of present and proposed developments

Indicators used to evaluate environmental impact of SP and LP and measure Cost Benefit Analysis of alternate options; Development Control – assess impacts of proposed development ; Monitoring – measures whether development complies with environmental standards and conditions; Assess status in achieving sustainability

Eg: Quality of Life Index

4 ISUG Cost Benefit Assessment

Part of Agenda 21 comprehensive analytical procedures for prior simultaneous assessment of impacts of decisions; Cost Benefit assessment of development on society, environment, etc.

-Comprehensive accounting method of calculating and quantifying risks;

Geotechnical, land stability, ecological data; climate change, carbon emissions, air quality, water quality, public utilities, etc.

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3.3.6.5 Adoption, Adapting and

Incorporation Of Available Systems

Much has been done in the country in

attempts at setting up database

management systems and decision

support systems for planning and

urban management, and a lot can

be learned from them. Many

agencies and departments in

Malaysia have set up computerised

data compilation and management

systems for land and development

information. The Malaysian Centre for

Geospatial Data Infrastructure,

(MacGDI), (formerly called the

National Infrastructure for Land

Information System, or NaLIS) was set

up under the Ministry of Land and Co-

operative Development of Malaysia,

which was later subsumed under the

Ministry of Natural Resources and

Environment, to provide access to

geospatial data through sharing

among participating government

agencies for more improved planning

and development of land resources.

Its main objectives are to help in land

information sharing and exchange

between agencies by using the latest

on-line information technology, and

to avoid wastage due to

uncoordinated efforts in collecting,

processing, maintaining, preparing

and distributing land information that

is needed for land planning, land

usage monitoring and environmental

supervision. However its main users are

ministries and higher level agencies and

departments, and its data, although

land based and substantial, are not

directly useable for the purpose of the

preparation of the report of survey,

structure plans and local plans, and for

development control purposes and for

the daily use of local planning

authorities.

Several states and local authorities have,

on their own, started computerised

planning data base management and

development control systems for their

own use. The Penang State Government

has successfully set up the Penang GIS,

or PEGIS, with map-based data

compiled from various departments and

is in the stage of dissipating data among

the departments and to the public via its

website. The State of Selangor has a

similar system called SGIS, which involves

the computerization of land

administration data of the land office. In

the Klang Valley Region, a new concept

of evaluation model called “Integrated

Land use Assessment” (ILA) was

introduced together with the

“Application of Geographic Information

System for the Klang Valley Region”

(AGISwlk), as an integrated land use

planning approach that utilizes GIS

capabilities and planning support

systems as a mechanism for monitoring

urban development. (Yaakup and

others, Nov 2005)

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Besides the Federal and State Land

and Mining Departments and the

Survey and Mapping Departments

which have computerized their

procedures and data recording and

mapping systems, the Federal

Department of Town and Country

Planning has encouraged and

facilitated their state and regional

offices to computerize as well. The

Town and Country Planning

Department of Selangor had started

on SEPAS (Selangor Electronic

Planning Approval System). The Perak

Town and Country Planning

Department is spearheading the

Perak state government’s ICT

programme, and other state and

region Town and Country Planning

Departments are using ICT and GIS in

their local plan preparation work. The

Federal Department has recently

launched its Land Use Portal, which is

a free and interactive National

Landuse Information System

geospatial portal. It consists of existing

and proposed landuse information in

all development plans prepared,

including the National Physical Plan

(NPP), structure plans and local

plans. The JPBD Landuse Portal is

developed to improve the delivery

system of Town and Country Planning

Department Peninsular Malaysia to

the public. (JPBD Land Use Portal, at

http://tplangd.townplan.gov.my/land

useportal/main.htm).

Perbadanan Putrajaya is using a system

called SUMBER-PUTRA, short for “Sistem

Pengurusan Bercomputer Pembangunan

Bandar Putrajaya” or “Putrajaya

Computerized Urban Development

Management System” including an e-

submission system for planning

application. The Penang Island Municipal

Council has embarked on its Electronics

Local Authority Management System or

eLAMS, which will assist in its day-to-day

functions of processing of applications

for planning permission, building plans

and earthworks plans, and the

compilation of data from these sources.

(Tan, 2003). The State of Negeri Sembilan

has also started to develop its own

planning support system, GIS9, to monitor

the implementation of its development

plans the state and district levels.

(Yaakup, and others, 2004). KL City Hall

has started its integrated GIS-based

development control and urban

management system, consisting of 7

subsystems. (Yaakup and others, Sept

2005).

Attempts at establishing operational sets

of indicators of sustainability for different

situations and purposes have been

made by many organizations. Some of

the most prominent of these include the

Human Development Index (HDI) of the

United Nations Development Programme

(UNDP); the Environmental Sustainability

Index (ESI) and the pilot Environmental

Performance Index (EPI) reported under

the World Economic Forum (WEF).

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In Malaysia, several organizations

have taken the initiative to formulate

suitable sustainable development

indicators (SDI). Among these are the

Department of Statistics, the

Economic Planning Unit (Malaysian

Quality of Life Index, MQLI), the

Department of Environment, the

Institute of Environment and

Development (LESTARI) of University

Kebangsaan Malaysia, the State of

Selangor (Agenda 21 Selangor), the

Socio-economic and Environment

Research Institute of Penang (SERI),

and the Environmental Protection

Society of Malaysia (EPSM). The

Federal Department of Town and

Country Planning has come up with a

set of 50 urban sustainability indicators

under the MurniNet which is being

used to evaluate local authority

areas. The National Physical Plan has

proposed a set of policy indicators to

monitor the progress of the

implementation of the plan’s land use

policies. “Bottom up” approaches to

establish SDIs have also been tried,

such as those done by the Sustainable

Penang Initiative and the Petaling

Jaya Local 21 project. (Hasan, 2001).

Several universities are also involved in

teaching, research and carrying out

of projects in computerized land

planning and management systems,

the main players being University

Technology Malaysia (UTM), University

Science Malaysia (USM), University

Technology MARA (UiTM), International

Islamic University Malaysia (IIUM) and

University Putra Malaysia (UPM).

These separate expensive set-ups,

hardwares and softwares, and the

invaluable knowledge and experiences

of the officers, should be utilised, and

instead of re-inventing the wheel, the

cooperation and assistance of all these

agencies should be obtained to set up

an integrated database and decision

support system for the planning and

management of the growth and

development by all the federal, state

and local authorities in the country. A

combined effort should be made,

initiated and led by a central agency, to

standardize all formats, and to develop

the most suitable system to be used by

all relevant departments and agencies.


TABLE 3. 2 : List Of Available Data Base Management Systems Related To Planning And Development By Malaysian Agencies And Departments

No Agency /

Department / Ministry

Type of Data Notes / Strengths / weaknesses

A. Management of Planning and Development 1 Malaysian Centre

for Geospatial Data Infrastruture (MacGDI) , Ministry of Natural resources and Environment

Geospatial data to help in land information sharing and exchange between agencies using latest on-line information technology

For improved planning and development of land resources; Used by ministries and higher level agencies; Data not directly usable for purposes of preparation of report of survey, structure plans and local plans, or development control purposes.

2 Penang State Government (PEGIS)

Map based data compilation from various departments.

In the midst of disemminating information to agencies and public via web page;

3 Penag Island Municipal Council (MPPP)

eLAMS – Electronic Local Authority Management System

Assist in the day to day function of processing applications for planning permission, including building plans and earthworks plans,

4 State of Selangor (SGIS)

Computerization of land administration data from land offices

5 State Town & Country Planning Selangor

SEPAS – Selangor Electronic Planning Approval System

6 Klang Valley Secretariat

Integrated Land Use Assessment (ILA) together with AGISwlk – an integrated land use planning that utilizes GIS capabilities for monitoring development.

7 State Town and Country Planning Department Perak

Using GIS for development plan preparation and development control

8 Federal Department of Town and Country Planning

Land Use Portal – existing and proposed landuse information in all development plans prepared, including NPP, Structure and Local Plans.

9 Putrajaya Corporation

SUMBER-PUTRA : includes an e-submission system for planning application.

10 State of Negri Sembilan

GIS9 – planning support system To monitor implementation of development plans at state and district levels

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The ISUG Database Management

and Decision Support System should

be set up, coordinated, and

maintained by a federal government

agency directly involved in the


development, and who has direct

contact with all relevant agencies,

departments and organisations in the

government as well as in the private

sector, at national, state and local

levels, that are potential suppliers and

users of this system. The National

Physical Plan has recommended such

a set-up and that the National

Physical Planning Council identifies

the central authority to carry out this

function. (National Physical Plan

Policy NPP 17).

Clearly the task should be undertaken

by the Federal department of Town

and Country Planning because of all

the following reasons:

i) Its Director General is responsible

for the preparation and review of

the National Physical Plan,

ii) He is also the secretary of the

National Physical planning

Council, chaired by the Prime

Minister,

iii) The State Directors of the

Department are responsible for

the preparation, review and

alteration of the State Structure

Plans of their respective states,

iv) They are also the secretary of the

State Planning Committee of their

respective states, which is chaired br

the Chief Ministers,

v) The Regional Offices are helping the

Local Authorities in the preparation of

their Local Plans,

vi) The State Offices are helping the

Local Authorities in their daily

development control work,

vii) The Local Authorities’ One Stop

Centres are headed by officers of

the Department.

3.3.6 Urban Form, Urban Design, Incentive-

Based, Performance-Based, Licensing

Control and Other Approaches for more

effective development control

To overcome the weaknesses of the present

system of development control, the ISUG

approach recommends the adoption of more

effective methods for zoning and development

control, and adapting them for use as control

instruments together with the conventional

approach. These approaches can be adopted

and adapted to suit the various situations in the

planning and control of new development, in

order to achieve the objectives of sustainable

development, Smart Growth and ISUG. These

are to be incorporated into the development

control guidelines of the structure plans and

local plans.

Problems with existing zoning system and

development control:

As has been seen, the zoning system

adopted in the present structure and local

plans and development control guidelines

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can lead to problems of control being

too rigid, delays in approvals, stifling

innovative development, hampering

economic growth, as well as creating

urban sprawl and leap frog development,

without achieving the goals, visions and

objectives of the plans.

Many of the present structure plans, local

plans, zoning plans and control guidelines

adopt the conventional “land use

zoning” and “land use classification”

system which fixes the type and land use

of new development in different planning

zones and disallows development that

consist of a mix of land uses, or use-

classes, or building types, and imposes

rigid physical restrictions such as height,

minimum set-back and building line,

maximum housing density, and maximum

plot ratio.

This conventional zoning type called

“Euclidean” zoning has traditionally been

adopted because of its ease and

familiarity of use in the formulation of

zoning plans and guidelines and in its

implementation by development control

officers. The officers do not have to think

or use discretion in following such zoning

plans and guidelines.

It is also easier to be understood by the

public and by consultants. However, its

inflexibility has caused these zoning

guidelines to be frequently under pressure

for rezoning or change, or for loop holes

to be exploited by clever developers.

The final result in the urban environment

created by even adhering strictly to the

development control guidelines can be far

from what was originally envisaged in the

plan, in terms of visual, environmental, social

and economic impact. Often the individuals

formulating, and those implementing such

zoning plans and guidelines, will not have a

clear idea of what the final urban product

will be like.

Recommendation in the ISUG Approach:

Because of these weaknesses, the ISUG

approach recommends the adoption of other

more effective approaches in zoning and

development control. These approaches

include:

Urban Form and Urban Design Control

Guidelines,

Incentive-Based Control Guidelines,

Performance-Based Control Guidelines,

Planned Unit Development Guidelines,

and

Licensing Control Guidelines.

3.3.7.1 Urban Form and Urban Design Control

Guidelines (UFCGs, UDCGs)

Adopting and adapting the system of

Form-Based and Designed-Based Codes

that have been successfully used in the

US, this approach uses guidelines that

control the form, mass, scale and design

of new buildings in relation to one

another, to existing buildings, to existing

natural features and to public spaces

(such as streets, sidewalks, parking and

courtyards) and the compatibility,

3-43


connection, and accessibility

between them.

UFCGs and UDCGs provide a clearer

visual image of the new

development, and generally include

guidelines for the design of the street

and public spaces, traffic flow, foot

paths and pavements, street furniture

and signage, advertisement boards,

hard and soft landscape,

architectural heritage conservation, a

wider variety of housing types, mixed-

use development to minimize the

need for automobiles and to

encourage transit use, development

of town centres to provide for civic

uses and commercial services,

commercial structures to the sidewalk

and oriented toward the street,

provision of open spaces and linkages

to residential and commercial uses,

and a strong pedestrian orientation.

The guidelines emphasize specifics of

design for building typologies (houses,

terrace-houses, apartments, shop-

houses, town centres, etc.), including

public spaces such as streetscapes

and public plazas, textures and

materials, and landscaping.

The guidelines utilize mainly visual

formats that minimize the need for

extensive text, and are "prescriptive"

in that it prescribes build-to lines

(instead of setbacks), façade

treatments, and design and planting of

street right-of-ways, etc.

UFCGs and UDCGs are drawn up for

areas which require such special

treatment and are often used together

with the conventional comprehensive

land use zoning plans typical of the

“proposals map” of structure plans and

local plans.

Some features of UFCGs and UDCGs may

include:

a) Traditional Neighbourhood Development

(TND), generally for new housing

development that include neighbourhood

centres, open spaces, and mixed-use

development. Design typologies specified

may include build-to lines (in lieu of

setbacks), shop frontages, and public

spaces, especially the streetscape. TND has

most generally been applied to newly

urbanizing areas, and may apply at the

developer's option as a rezoning.

b) Town Centres, which usually include a

broader mix of uses and higher intensity than

the TND. Again, typical design elements of

building types and public spaces are

prescribed. Town Centre zones may be

applied to new town development or to

urban infill areas of old towns, which is

accompanied by a specific (or "regulating")

plan.

c) Transit-oriented Development (TOD) zones,

intended for very specific areas adjacent to

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transit stations or facilities. The TOD zone

provides for an intense mix of uses, with

high density residential (and affordable

housing). It may be applied to new town

development or urban infill of existing

urban areas adjacent to transit.

d) Urban Heritage Conservation Areas, that

have been identified in the structure and

local plans for special conservation and

preservation treatment, Heritage

conservation guidelines have to be

specially drawn and adopted for such

areas.

UFCGs and UDCGs should include the

following elements:

• Regulating Plan. A plan or map of the

regulated area designating the

locations where different building

form standards apply, based on clear

community intentions regarding the

physical character of the area being

controlled.

• Public Space Standards.

Specifications for the elements within

the public realm (e.g., sidewalks,

travel lanes, on-street parking, street

trees, street furniture, etc.).

• Building Form Standards. Regulations

controlling the configuration, features,

and functions of buildings that define

and shape the public realm.

• Environmental Resource Standards.

Regulations controlling issues such as

storm water drainage and infiltration,

development on slopes, tree

protection, solar access, etc.

• Architectural Standards. Regulations

controlling external architectural

materials and quality.

• Landscaping Standards. Regulations

controlling landscape design and plant

materials on private property as they

impact public spaces (e.g. regulations

about parking lot screening and shading,

maintaining sight lines, insuring

unobstructed pedestrian movements,

etc.).

• Signage Standards. Regulations

controlling allowable signage sizes,

materials, illumination, and placement.

• Annotation. Text and illustrations

explaining the intentions of specific code

provisions.

The primary advantage of UFCGs and UDCGs is

that they are "prescriptive", outlining specifically

what is expected of new design in an area, and

are likely to be better understood by the public,

decision makers, and project professionals. The

disadvantage of the design-oriented approach

is that it also requires a considerable front-end

effort to prepare a "regulating plan" (much like a

"specific plan") and the various design standards

and to prepare a design level of detail normally

not seen until the design review phase of most

projects.

3.3.7.2 Incentive-Based Control Guidelines

(IBCGs)

Incentive zoning in the US was

developed to encourage desired

development through incentives,

allowing for greater flexibility for the

developer. Some LPAs in Malaysia has

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adopted an approach similar to this

concept which allows for incentives

such as higher densities and plot

ratios, increased height, reduced

setbacks, reduced car parking, in

exchange for public amenities such

as public open spaces, plazas or

streetscape improvements, heritage

conservation, environmental

protection, low cost housing, squatter

resettlement, and hawkers facilities.

The ISUG approach aims to formalize

this concept, in the form of Incentive-

Based Control Guidelines or IBCGs, to

make the development control

system more flexible in order for it to

be more responsive to developer and

market demands. IBCGs can also be

used to encourage infill development

in town centre development, transit-

oriented development, and compact

city development.

The IBCGs should encourage certain

objectives of the LPAs without

requiring them on a site-specific basis.

This allows flexibility for the developer

to make the incentive provisions work

more readily than if they were

required. However, incentives may

never be used, if they aren't truly

significant benefits to the developer.

Conversely, if the incentives are too

easily realized, the LPAs may be

granting excessive development

intensity as a trade-off. For example

density bonuses in exchange for “low-

cost” housing may not attract

development where low densities may

profit more from building at high

densities.

There is a delicate balance between

what a community requires versus the

use of incentives to encourage certain

types of development, as well as trying

to match the appropriate level of the

incentive to the bonus.

IBCGs can be applied together with

fiscal incentives at the state level, with

Transfer of Development Rights, and

Development Charges.

3.3.7.3 Performance-Based Control Guidelines

(PBCGs)

The ISUG’s Performance-Based Control

Guidelines aim to regulate the impacts

of development, rather than to limit class

of use, scale and dimensions of new

development strictly and rigidly.

The primary advantage is that this

approach focuses on the impacts of

development and to provide flexibility

regarding density and floor area

requirements.

In this way, the fundamental purpose of

development control, which is to reduce

negative impacts, such as

environmental, economic, social, and

traffic impacts, is fulfilled without

3-46


imposing unnecessary and irrelevant

restrictions in the approval process.

These guidelines can be used to

supplement the conventional land-

use zoning and dimensional

standards, rather than to supplant

them.

In formulating PBCGs, the difficulties to

be overcome include:

a. impacts may be site-specific, so

that a general set of numbers may

not be adequate to address

impacts on other sites;

b. the requirements can be difficult

to implement, since they often

involve complex calculations

which may not be familiar to

developers, consultants, officers

and decision-makers; and

c. performance-based guidelines to

replace conventional land use

and zoning guidelines may ignore

some of the fundamental reasons

to provide for or prohibit uses.

IBCG may or use discretionary criteria

for approval or create a point or

credit system to evaluate

development. The use of

Environmental Impact Assessments to

be prepared by competent

consultants in the approving process

in accordance with an appropriate

set of ISUG impact indicators, and the

use of a Decision Support System can

overcome some of these problems.

3.3.7.4 Planned Unit Development Guidelines

(PUBGs)

Planned Unit Developments (PUDs) are

intended to create a process for

bending rigid rules in favor of better site

design and land use patterns. These

zones are frequently applied at the

developer's request, and usually provide

extensive flexibility for the developer and

the LPA to negotiate an appropriate

land use and design solution. PUBs are

frequently applied to larger parcels,

often in conjunction with specific plans.

PUD Guidelines typically include:

a. a purpose statement indicating the

desire to allow flexibility to create

improved design and amenities,

often in a mixed use setting;

b. principal uses allowed (if uses are to

be limited);

c. minimum regulations of a base

district that may apply, sometimes

including a minimum lot size

requirement, height, setbacks, and

how mixed uses are treated in FAR

and density calculations;

d. a highly discretionary process,

including detailed application

procedures, extensive review and

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public input, and necessary

findings for approval; and

e. the nature of the final product,

taking the form of an approved

development plan and/or

agreement, and procedures for

amendment.

A common element of the

discretionary review process for

planned developments is findings or

objectives to be addressed,

indicating that the intent of the

Comprehensive Plan and other

community goals are met, such as

provision of public or recreational

facilities, affordable housing or mixed

use provisions, relationship to

surrounding uses, and

accommodation of non-auto

oriented modes of transportation.

The advantages of PUDs are that

maximum flexibility is provided for

innovative design and deviations from

the standard requirements, and that

the LPA may negotiate public benefits

that would otherwise be unattainable.

The negotiation process may also

involve all parties in a "win-win"

dialogue.

The primary disadvantage is that,

because the process is highly

discretionary, there is considerable

uncertainty for the developer, the

LPA, and neighbours as to what might

be allowed on a site. A further

disadvantage is that, because each

zoning creates its own set of standards

for a site, monitoring and administration

of requirements for the zone becomes

complex, as the site essentially becomes

its own zoning district. As mentioned

earlier in the report, the PUD process

requires an upfront investment in

planning, and favours the mightiest

developers who have the money and

influence it takes to get approved. The

process does involve risk, but the rewards

are attractive. If the site has multiple

ownership, it will require the acquisition of

the lots not belonging to the developer,

in which case the government may step

in and acquisition may be legally done

by compulsory acquisition or eminent

domain.

The PUBs approach works well for special

development like town centre

development, transit oriented

development and urban renewal.

3.3.7.5 Licensing Control Guidelines.

Another instrument available to the local

authority for the control of building use

and business activities is through licensing

control. Section 102 of the Local

Government Act states that “every local

authority may from time to time make,

amend and delete by-laws with regard

to all matters necessary or desirable for

the maintenance of the health, safety

3-48

3-49


and well-being of the inhabitants or

for the good order and government

of the local authority area, in respect

of, among others, “to control and

supervise, by registration, licensing or

otherwise, including in proper cases

by prohibition, a trade, business or

industry which is of an obnoxious

nature or which could be a source of

nuisance”.

The local authority can at its discretion

refuse to grant or renew any license

without assigning any reason. The

local authority can also impose whatever

conditions and restrictions it thinks fit in

the issuing of licenses, and licenses can

be revoked by the local authority “at

any time without any reason thereafter”.

License control guidelines can hence be

formulated to guide the issuing of

licenses in order to control activities and

uses to further achieve the objectives of

ISUG, and these guidelines can be

incorporated in the zoning plans and

local plans.

TABLE 3. 3 : Summary Of Urban Form, Urban Design And Incentive Based And OtherApproaches For

Effective Development Control

No Type Contents Application

1 Urban Form, Urban Design Control Guidelines

Control form, massing, scale, design of new buildings to existing natural features and public spaces; Regulating plans, public space standards, building form standards, environmental Resource Standards, Architectural Standards, Landscaping standards; signage standards, etc.

Traditional Neighbourhood developments; Town Centres, Transit Oriented Development Zones; Urban Heritage Conservation Areas.

2 Incentive Based Control Guidelines

Higher densities, plotratios, increased height, reduced setbacks, car parking, etc.

Can be used to encourage infill developments, TOD and Compact developments; Can be applied with fiscal incentives, transfer of development rights and development charges.

3 Performance based Control Guidelines

Focusses on impact of development; provide flexibility on density and floor space

Can be used to supplement conventional land use zoning;

4 Planned Unit Development Guidelines

Create a process to bend rigid rules in order to create a better environment;

Town Centre, TOD areas and urban renewal.

5 Licensing Control Guidelines

Control building use and business activities

Licence control guidelines


3.3.8 Development Charges and Transfer of

Development Rights to promote better

development

Transfer of Development Rights and

Development Charges are two ISUG

mechanisms that can be used by Local

Planning Authorities to achieve the goals and

objectives of their development plans, by

discouraging development in certain sites

and promoting new development in other

sites. They are used over and above zoning

restrictions.

3.3.8.1 Transfer of Development Rights (TDR)

Transfer of Development Rights (TDR)

represents an innovative way to direct

growth away from lands that are

planned in the structure plan or local

plan for protection or conservation to

locations planned for high-intensity

development. In the US, it is a strategy

that uses market forces to accomplish

two Smart Growth objectives:-

i. First, land is permanently

protected for public purposes

such as open space, roads, public

utilities, or conservation areas, via

the transfer of some or all of the

development that would

otherwise have occurred in these

places to more suitable locations.

ii. Second, locations such as city and

town centers, transit centres, or

brown field sites and underutilized

properties, can be developed to

become more vibrant and successful

as the development potential from

the protected resource areas is

transferred to them. In essence,

development rights are "transferred"

from one district (the "sending

district") to another (the "receiving

district").

Process:

i. The approach begins with planning

processes that will identify specific

preservation areas as "sending areas"

and specific development districts as

"receiving areas" in the development

plan.

ii. Once these areas are identified,

planning by-laws or rules can be

adopted which authorize landowners

in the sending areas to sell their

development rights to landowners in

the receiving areas. The amount of

money required to purchase these

development rights is influenced by

market values, and can either be

fixed by the planning rules or left to

be negotiated between the

landowners.

iii. The local planning authority has to

register all such transactions and

record the development right loss

and gained by the affected sites, to

be referred to when an application

for planning permission is later made

for the other site.

3-50

http://www.eot.state.ma.us/smartgrowth/07toolkit/pages/glossary.html#tdr

http://www.eot.state.ma.us/smartgrowth/07toolkit/pages/glossary.html#sendingdistrict

http://www.eot.state.ma.us/smartgrowth/07toolkit/pages/glossary.html#sendingdistrict

http://www.eot.state.ma.us/smartgrowth/07toolkit/pages/glossary.html#receivingdistrict

http://www.eot.state.ma.us/smartgrowth/07toolkit/pages/glossary.html#receivingdistrict


iv. Development restrictions in the

sending areas can limit the level

of new development, the type of

development, or some

combination of both.

v. The developer who buys a

development right is acquiring the

capacity to build higher intensities

in a receiving area, which can

mean different types of the same

use (apartments in addition to

terraced houses), higher densities

of the same use, or different

higher intensity uses (commercial

or industrial use in addition to

residential).

Benefits:

i. TDR benefits local authorities by

providing a mechanism with

which to achieve the local

authorities’ land protection and

urban conservation policies

without having to pay

compensation.

ii. Market forces are harnessed to

protect land while also

contributing to the local

authorities’ income in the form of

greater assessment and taxes by

allowing higher densities and built-

up floor areas in prime locations.

iii. Another use of TDR is when a

developer is required to surrender

lands in his development that are

required for public purposes

beyond that necessary for his

project, such as for highways,

public utilities, schools and large

open spaces; the development right

of these lands are then “transferred”

to the other developable parts of his

land without loss in overall density

entitlement.

Adoption in Malaysia, Definition of

Development Rights:

TDR is commonly practiced in the US as

part of the Smart Growth strategies.

However, before adopting TDR in

Peninsular Malaysia, one has to

understand that the definition of

“development rights” in this country is

somewhat different.

In this country, the TCPA 1976, which

followed very closely the principles of

development planning and

development control introduced by

the 1947 TCPA of England, brings all

development under control by

making it subject to planning

permission.

Development rights and the

development values of land were

effectively nationalized by the act,

leaving landowners with their existing

use rights and land values (as of the

time the act was adopted in the

state).

Hence not all areas have a

“development right” or “potential”

for development. For example, lands

for agriculture and other reserves,

such as forests, hill lands, natural

3-51


parks, wet lands, and other areas

not originally intended for

development, do not have a

“development right”.

Urban conservation areas, such as

old historic towns and sites of

heritage buildings, may or may

not have further development

rights, depending of the planning

at the time of the adoption of the

Town and Country Planning Act or

the proposal in existing

development plans.

In essence, owners of land are

only entitled to the existing

legalized land or building use of

the land; the right to develop can

only be given by the local

planning authority in the form of

planning permission.

Implementation of TDR:

The steps normally taken in the

implementation of TDR include:

i) Identify the “Sending Areas” and

the “Receiving Areas” in the

Structure and Local Plans. The

Sending Areas are those areas

within the Urban Growth Areas

that are intended in the plans to

have development restrictions,

such as heritage conservation

areas and sites for schools, open

spaces and other community

facilities and public utilities.

“Green Reserves” are excluded

as these areas are formerly

agriculture land, forest reserves,

parks, water catchment areas, etc,

that are not meant for urban

development and are not entitled

to “development rights”. The

receiving areas are locations where

faster development is encouraged

and where higher intensity

development is preferred, such as

in transit centres, town centres, and

brown field sites.

ii) Carry out a Real Estate Market

Analysis (REMA): Completion of a

real estate market analysis is highly

recommended. The overall

purpose of the analysis is to

validate the transfer system prior to

the adoption of the implementing

planning rules. Demand for growth

is necessary for TDR to succeed,

and a REMA will determine market

strength. It will also help the LPA

comprehend land values and the

types of growth that the market will

support. Knowing the economic

value of development rights

generated in the sending area and

the capacity of the market to

absorb that value in the receiving

zone is critical. Moreover, the LPA

must ensure that the rate of transfer

(the number of development rights

generated multiplied by the

expected sale price of each right)

adequately compensates the

landowner in a sending area for

forgone development on their

3-52


parcel. Similarly, an

understanding of the value of

additional density in the

receiving area is important to

establishing the amount of

additional density permitted per

credit acquired.

iii) Determine the “Base

Development Rights” of these

areas. The “Base Development

Rights” of the sending and

receiving areas are the original

development entitlement in

terms of the development type,

the landuse, or building use, and

the density and plot ratio of the

areas, as indicated in the

development plan, zoning plan,

planning guidelines, and/or

planning permission at the time

of coming into force of the new

development plan and the TDR

rules.

iv) Create a Formula for Calculating

“Development Rights Values” or

“Credits” in these areas. The

simplest way of assigning

development rights from the

sending area to the receiving

area would be to make them

equal in terms of number of units

or floor space of the same type

of development. However,

where there is a difference in

the market values per unit of

development between both

these areas, a formula to calculate

the actual values is to be created

in order to determine the fair

amount of development

entitlement that should be

transferred. The formula should also

include the calculation of values of

different development types, so

that, say, a residential

development right of a sending

area can be changed to

commercial development in the

receiving area. The REMA carried

out earlier is to help in this complex

determination of such

development right credits.

v) Drafting the Rules. Planning rules

have to be drafted and adopted

which authorize landowners in the

sending areas to sell their

development rights and developers

in receiving areas to develop more

intensely by purchasing them. The

Rules have to also specify the

setting up of the Register of TDR

and the formula for calculating

development right credits that can

be purchased and transferred.

vi) Establish administrative procedures

and setting up a TDR Register.

Administration of TDR systems

requires different planning

permission procedures than

conventional zoning. The LPA

should be prepared to address the

recording of development right

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credits, tracking of credits, and

other tasks associated with TDR.

A Register of TDR has to be set

up.

Figure 3 (D) – Shows diagrammatically the flow chart of the process

-Figure 3 (D): IMPLEMENTATION PROCESS IN THE TRANSFER OF DEVELOPMENT RIGHTS

Draft Rules under the Act 172

Set up Administrative procedures and set up

Transfer of Development Rights

Register

Planning Application for development

Identify “Sending areas” and “Receiving Areas” in the Structure Plan and

Local Plan

Carry out Real Estate Market Analysis (REMA)

Determine the Base development rights

Create Formula for calculating Development

Rights Values or Credits in the area

Process Planning Application accordingly

3.3.8.2 Development Charges (DC)

Similarly the imposition of

Development Charges (DC) can be a

valuable tool for achieving ISUG. The

TCPA 1976 requires the LPA to levy a

DC on any new development carried

out “where a local plan or an

alteration of a local plan effects a

change of use, density, or floor area in

respect of any land so as to enhance the

value of the land.”

The DC is to be collected from the

developer by the LPA upon approval of


the planning permission for the new

development. It is not stated in the

Malaysian act what the purpose of

the DC is, but similar charges are

imposed in UK and the US (where they

are called Development Cost

Charges), the purpose of which is to

recover the growth-related costs

associated with the capital

infrastructure, such as roads, sewer,

water, drainage and parks, needed

to service the new development. The

rates of charges are dependent on

the costs of infrastructure, and

municipalities in the US have been

able to vary the rates based on the

location and the density and scale of

the development. By doing so,

development is encouraged in areas

where infrastructure costs are low,

such as in-fill development, or where

per unit cost is low, such as higher

density development, which are

similar to the type and location of

development recommended in Smart

Growth.

Under the TCPA 1976 , however, the

rates of the DC or the method of

calculating the amount of DC

payable has to be prescribed by rules

made by the State Authority under

the Act. The determination by the

LPA of the amount of DC is not

subject to appeal or review in any

court. Hence by imposing different

rates of DCs on different

development, LPAs can use this as a

very powerful instrument to steer new

development in ways that it considered

preferable in terms of location, type of

development, type of land use, density

and floor area.

Together with other mechanisms, like the

Sequential Approach, Transfer of

Development Rights, and other fiscal

and tax incentives, local governments

can use DCs to discourage or

encourage development in accordance

to the policies and proposals of state

structure plan and its local plan, such as

to encourage infill development, town

center development, development on

brown field sites, and development with

more open spaces, or to discourage out-

of-town development, development on

green field sites, leap frog development

and sprawl development.

Benefits:

i. The imposition of DCs benefits LPAs

not only by increasing their income to

defray the costs of provision and

maintenance of public facilities,

services and utilities, but also by

helping to achieve ISUG goals via the

promotion of development of areas

preferred for higher intensity

development, and by discouraging

development in areas intended for

conservation or other form of

restriction.

ii. It also steers development to areas

where infrastructure costs are low,

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and away from development

where they are high.

iii. DCs also allow LPAs to consider

higher intensity development in

urban centres, which are

necessary to support mass transit

development in accordance to

the Compact City and TOD

policies.

iv. In this way also, LPAs’ annual

income in the form of assessment

can increase.

Implementation of DCs:

The steps to be taken should include:

i. Determine the “Base Land /

Building Use, Density and Plot Ratio

Entitlement” of various locations

within the Urban Growth Areas in

the development plan, structure

plan, local plan and planning

guidelines. The “Base Land /

Building Use, Density and Plot

Ratio Entitlement” of an area is the

existing land or building use, and

the maximum density and plot

ratio that a development of the

area will be required to comply

with, before any changes in the

new development plan.

ii. Carry out a Land Valuation

Exercise for the Urban Growth

Areas, to determine the “Base

Land Values” of the various

locations. The “Base Land Values”

are assessed based on existing

regularized use, location,

accessibility, availability of facilities

and infrastructures, and on the

potential “Base Land / Building Use,

Density and Plot Ratios” under

existing development plans, planning

guidelines or planning permission.

These values are valuable in the

determination of the rates of DCs.

iii. Create the formula and rate for

calculating DCs. The formula and

rate for determining DCs on

applications for new development

have to be devised based on the

land valuation and on ISUG

objectives.

iv. Draft and Prescribe the Development

Charge Rules by State Authority. The

TCPA requires that Planning Rules for

DCs be prescribed by the State

Authority under section 35 of the Act,

before the LPA can collect DCs.

Among other matters, the Rules have

to prescribe the formula, rate and

method for the determination of DCs,

and the exemption, if any, of any

persons or class of persons, or any

development or class, type or

category of development from

liability to the development charge,

and the conditions of such

exemption.

v. Establish an administrative system of

imposing DCs by LPAs. To expedite

the determination, imposition and

3-56


collection of DCs, LPAs should

establish an administrative system

and procedure that is easy to

follow and clearly understood by

everybody that may be involved,

especially in the amount of DCs

chargeable.

The imposition of a DC, under the TCPA,

can only be carried out by the LPA

when:

• there is an application made for

planning permission for a new

development by a developer,

• the local plan of the area in which

the new development is located

has been in force,

• the DC Rules have been made by

the State Authority,

• where there is a change in the land

or building use, density and floor

area in the new development, and

• where the developer or the type or

class of development is not

exempted from DC under the DC

Rules.

3.3.9. Government Fiscal Incentives

National and State Governments must lend

support to the ISUG Approach if the goals

and objectives of sustainable urban planning,

development and management are to be

achieved. Capital Investments in public

transportation infrastructure are heavy but

absolutely vital if urban containment is to be

realized. Much of the above mentioned

mechanisms of the ISUG approach greatly

depend on the availability of public

transportation that is integrated and multi-

modal. Private sector investments in city areas

depend to a large extent on National and State

Government support.

The National and State Governments, together

with local governments can undertake the

following steps in order to encourage growth

within existing urban areas, and in particular city

centres. In so doing, the existing infrastructures

can be optimized, new retail areas can be

developed within existing urban areas to reduce

infrastructure costs, create new employment

opportunities and enhance the quality of life of

urban communities.

The Federal and State Governments should also

be supporting environmental brownfield as well

as non-productive government lands reuse

activities by:

i. Seeking a stable, long-term source of

funding for state actions to address

priority areas;

ii. Targeting remaining brownfield Initiative

funds to support redevelopment’

iii. Continuing to make available state-

funded grant and loan programs that

assist local units of government in

meeting their redevelopment needs;

iv. Creating a private-sector financing pool

to attract banks and corporate capital

as well as leverage government funds for

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the purpose of redeveloping

brownfields and state lands for public

purposes;

v. Examining current environmental

clean-up procedures to identify areas

where decisions can be expedited

and the process simplified;

vi. Encouraging the inclusion of a historic

review of brownfield properties at the

time the environmental review is

undertaken and providing incentives

for the rehabilitation of buildings on

brownfield sites.

d. Encouraging renovation and reuse of

existing buildings through:

i. Development and delivery of an

education program on the use of

Rehabilitation Code for Existing

Buildings;

ii. Development and implementation of

a training program, for local building

officials on the appropriate

application of the Rehabilitation

Code for Existing Buildings;

iii. Enacting legislation to reform laws

that allow owners to avoid

responsibility for abandonment of

buildings;

iv. Development of policies and

incentives that promote and

encourage the adaptive reuse of historic

and existing buildings;

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4.1 INTRODUCTION

This chapter examines how the Integrated

Sustainable Urban Growth Approach can be

incorporated into the existing system of

planning and urban development in the

country, from the national to the local level.

It will examine the incorporation of the ISUG

Approach in the planning system under the

following processes:

i. Development Planning Process,

ii. Development Control and Land

Management Process, and

iii. Plan Implementation, Monitoring and

Enforcement

It will also recommend ISUG mechanisms that

can overcome the weaknesses in the present

urban planning and management process

identified in Volume I.

It is to be remembered that the work so far has

only studied and introduced possible

approaches, strategies, techniques and

mechanisms that can overcome the

weaknesses in, and to improve, the present

system and process in the planning and

management of urban growth and

development in the country. Further studies and

research will definitely have to be carried out to

work out and establish in detail each of the ISUG

strategies before it is to be satisfactorily and

appropriately adopted and adapted in the

various urban planning and management

processes. These further studies are pointed out

in Chapter 5.

4.2 INCORPORATION OF ISUG APPROACH INTO THE DEVELOPMENT PLANNING PROCESS

The ISUG strategies can be incorporated into the

policies, goals, objectives, strategies and


proposals of the development plans, and the

techniques and mechanisms can be

adopted in the preparation of development

plans to address the issues and weaknesses of

the present system.

4.2.1 ISUG Strategies that can be

incorporated into Development

Policies and Plans

The development policies and plans

formulated, prepared and adopted

at the national, state and local levels

include:

a) the National Urbanization Policy,

b) the National Physical Plan,

c) the Five Year Malaysia Plans,

d) the State Structure Plans,

e) the Local Plans,

The ISUG strategies can be

considered for incorporated into

these plans and policies either as

i. general policy statements (GPS),

i.e. written general statements,

with or without diagrams;

ii. location specific proposals (LSP),

i.e. written statements, with or

without map diagrams, that

specify the general locations or

area of the proposals without

indicating specific site

boundaries;

iii. site specific proposals (SSP), i.e.

written statements with diagrams

on a cadastral based map that

indicate specifically the site

boundaries of the proposals.

4.2.1.1 The Five Year Malaysia Plans

The Five Year Malaysia Plans do not

specifically focus on urban growth and

development. Nevertheless, they do

contain strategies and policies to

overcome some of the re-currant issues

of urban development, such as urban

flash floods and public transportation. As

indicated in the Ninth Malaysia Plan

(2006-2010), the expenditure on public

transportation is towards a seamless and

integrated public transportation system.

However, it would seem that once

again, the 9th Malaysia Plan has also

included the emphasis on road /

highway networks and has not really

connected the public transport system

with urban development patterns.

Therefore it is suggested that in future

Five year development plans, greater

emphasis is placed on the integration of

public transport with land use

development. It is suggested that future

5 year development plans also refer to

ISUG Approach by including strategic

statements such as follows:

“ encouraging the development of an

integrated, safe and efficient public

transport system in all urban areas and

establishing transport nodes or hubs

where urban land use development can

4-2


be concentrated upon to provide a

maximum range of services to

communities in urban centres,

including the provision of

comfortable, safe and disabled

friendly pedestrian accessibility.”

4.2.1.2 The National Physical Plan

As the National Physical Plan (NPP)

provides the framework for national,

regional, state and local planning, as

well as transcribe the 5 year

Economic Development Plans into a

spatial and physical form, it would be

the best policy document to include

the ISUG Approach within its

strategies. Once the ISUG Approach

is incorporated, then all regional,

structure and local plans shall

conform with the strategy at all levels.

As the NPP provides spatial strategies

on an overall basis for the whole

peninsular, most of the planning

proposals are stated as general policy

statements. However there are some

proposals which are locational

specific, like the hierarchy of growth

centres, while some can be site

specific, such as the boundaries for

significant Green Reserves, including

Forest Reserves, Catchment Areas, Hill

Lands, existing and potential National

and State Parks

The ISUG Approach can be incorporated in

the strategies as shown in the table below:

Table 4.1 - Incorporation of the ISUG Approach

in the National Physical Plan

Existing NPP Provision Recommended ISUG Incorporation

NPP 2 The planning of urban-based economic activities shall adopt the concept of ‘Selective Concentration’ for strategic urban centres for all states.

NPP 2 The planning of urban based economic activities shall adopt the Integrated Sustainable Urban Growth Approach for all states.

NPP 12 The individuality and physical separation of the cities, towns and villages within the conurbations shall be maintained.

NPP 12 The physical separation of cities and towns within conurbations shall be maintained through the adoption and implementation of the ISUG Approach.

4.2.1.3 The National Urbanization Policy

The NUP is to provide a basic framework

for all development plans (The National

Physical Plan, Five Year Plans, Structure

Plans and Local Plans) and urban

governance in Malaysia. The Policy

emphasizes six (6) main thrusts that

outline strategies for the creation of a

township that is safe, systematic, modern

and attractive. There are altogether 30

policies covering various aspects of

planning, development and

management of townships in the

country.

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4-4


The NUP contains written policy

statements and the proposals in the

NUP are mainly general in form,

outlining the long term proposals for

urban growth and development in

the country. The general proposals

are to be worked out in more details

and in spatial formats in the National

Physical Plan, Structure Plans and

Local Plans.

However certain important spatial

ISUG proposals should be clearly spelt

out even in the NUP. Such ISUG

proposals include the Urban Growth

Boundaries (UGBs), Urban Growth

Areas (UGAs) and Green Reserve

Boundaries (GRBs) such as Prime

Agriculture Areas (PAAs), Agriculture

Land Reserves (ALRs), Forest Reserves

(FRs), National and State Parks, and

Environmentally Sensitive Areas

(ESAs), which will put limits to the

extent of future urban growth, give

priority to urban growth areas and

preserve non-renewable Green

Reserves, in order to ensure

sustainability of development.

Other ISUG strategies on urban

development that should be

incorporated in the NUP are the New

Urbanism strategies, i.e. Transit

Oriented Development (TOD) and

Compact City Development (CDD),

which can be spelt out as locational

specific proposals.

The ISUG mechanism of Integrated

Planning Management (IPM) should be

adopted in the NUP to ensure more

efficient and comprehensive urban

development, integrating urban growth

and transport and utility infrastructure

development, and environmental and

social concerns with economic growth.

The policies of Sequential Approach,

brownfield development, town centre

development and revitalization should

be adopted in the NUP to prioritize and

schedule urban development in order to

prevent the ills of leap-frog

development, urban sprawl, inefficient

urban growth, and property overhang as

the country develops.

The ISUG Approach can also be

incorporated in the NUP to meet up with

each of the NUP Trusts. The table below

outlines which ISUG strategy can be used

to achieve each of the thrusts of the

NUP.


Table 4.2 : The Relevant Strategies of the ISUG Approach to achieve the NUP Thrusts

NUP thrusts ISUG strategies to achieve the thrusts

Thrust 1: An Efficient and Sustainable Urban Development

a. Urban Growth Boundaries and Green Reserves b. Transit Oriented Development and Compact City

Development c. Sequential Approach, Brownfield Development, Town Centre

Development and Revitalization d. Integrated Planning Management Approach e. Community Participation and Support for Livable

Communities f. Development Charges and Transfer of Development Rights

Thrust 2: Development of an urban economy that is resilient, dynamic and competitive;

a. Development Charges and Transfer of Development Rights b. Integrated Planning Management Approach c. Incentive-Based Control Guidelines d. Government Fiscal Incentives

Thrust 3: An Integrated and Efficient Public Transport System;

a. Integrated Planning Management b. Transit Oriented Development and Compact City

Development c. Sequential Approach d. Development Charges and Transfer of Development Rights

Thrust 4: Provision of Urban Services, Infrastructure and Utility of Quality

a. Integrated Planning Management b. Urban Growth Boundaries c. Sequential Approach d. Development Charges and Transfer of Development Rights e. Transit Oriented Development and Compact City

Development f. Government Fiscal Incentives g. Incentive-Based Control Guidelines

Thrust 5: Creation of a conducive liveable Urban Environment with Identity

a. Urban Growth Boundaries and Green Reserves b. Transit Oriented Development and Compact City

Development c. Sequential Approach for town centre development and

revitalization d. Form-Based and Design-Based Control Guidelines and

Planned Unit Development Guidelines e. Community Participation and Support in the Development

Process and for Liveable City

Thrust 6: Effective Urban Governance

a. Integrated Planning Management Approach b. Community Participation and Support in the Development

Process c. Incentive-Based and Performance-Based Control Guidelines,

Licensing Control d. Development Charges and Transfer of Development Rights

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As an example of the incorporation of ISUG

strategies and proposals into the NUP, it is

suggested that the policies relating to city

centre development in the NUP be more

specific so as to relate and coordinate with

the mechanisms of the ISUG approach. These

suggestions are outlined in Table 4.3 below.

Table 4.3 : NUP City Centre Policies and the ISUG Strategies

No Policy Statement

1 NUP 5 Optimal and balanced landuse planning shall be given emphasis in urban development: Measures

i. Ensure development is concentrated within urban growth limit so as to create a compact city; the implementation of the Urban Growth Boundaries, and the Sequential Approach shall be encouraged;

ii Promote housing development within the urban centre or near to activity

centres with access to good amenities and transportation; Create livable neighbourhoods through the implementation of New Urbanism, Transport Oriented Development and the development of Compact Cities.

2 NUP 6 Urban Development shall give priority to urban renewal within the urban area: Measures:

i. Implement infill development at potential areas; ii. Identify and prepare an inventory of brownfield areas; iii. Plan and prepare the re-development programmes for brownfield

areas; iv. Promote urban regeneration for areas potential for development; v. Rehabilitate polluted areas prior to development; vi. Establish an agency responsible for planning and managing urban

renewal; vii. Encourage private sector involvement through the provision of

incentives and joint venture programmes with the government. viii. Implement the Sequential Approach to development; ix. Offer greater accessibility for communities through the transport

demand management;

3 NUP 15 An integrated, efficient and user-friendly public transportation system shall be developed. Measures: i. Prepare a public transportation master plan at all levels of urban centres;

adopt and implement the TOD and the Transport Demand Management in all city areas;

Ii Integrate public transportation system in landuse planning by implementing the concept of Transit Oriented Development (TOD); Use the compact city approach in transport planning and land use integration.

** Additional input of the measures in Italics.


4.2.1.4 State Structure Plans

The ISUG approach can be easily

incorporated into the Structure Plan of

every State. As the ISUG covers all

aspects of urban development,

including the environment, agriculture

areas, economics and community

participation, the mechanisms within it

can be easily adopted as action

oriented strategies.

The Structure Plan consists of written

statements, accompanied by map

diagrams, stating the state’s land use

and development policies and

proposals. Although most proposals

are general in nature, some policies

for future growth need to be specific,

i.e. clear boundaries are to be or can

be shown on the proposals map. Such

policies and proposals include the

Urban Growth Areas and Green

Reserves, including Nature Reserves,

Prime Agriculture Areas, Forest

Reserves, Hill Lands and

Environmentally Sensitive Areas. Other

strategies can be locational specific,

such as sites for Transport Oriented

Development and Compact City

Development, while other strategies

are in the form of general statements

and policies, such as adopting the

Sequential Approach in the

prioritization of development.

In the preparation of the Structure Plan

Report of Survey and in the formulation

of proposals and strategies for the

Structure Plan, the use of the ISUG

Database Management and Decision

Support System (DMDSS), incorporating

Strategic Environmental Assessment

(SEA) can ensure better, more confident

and more transparent decision-making.

The requirement for community

participation can be more effectively

incorporated by adopting the ISUG

Community Participation and Support

approach to ensure that the proposals

will be more readily accepted and

supported by all stake holders.

The following tables provide examples of

how the ISUG can be incorporated into

the present Structure Plans of Penang

and Negri Sembilan States:

4-7


Table 4.4: Penang State Structure Plan – Incorporation of the ISUG Approach into the

Sectoral Policies and Strategies.

Item Statement in Plan and Reference

1 Page xvi – Sectoral Policy: DS 19

Giving priority to comprehensive infill development in the main towns and other main

centres.

Suggested Incorporation

Giving priority to comprehensive infill development in the main towns and other main

centres, and adopting the Integrated Sustainable Urban Growth Approach in

encouraging city revitalization, transit oriented development and compact form of city

developments.

2 Page 2-28 – Directions of Growth – 2.5.9 (i)

Towards More Sustainable Land Use:

“……It is estimated that there are 4,500 hectares of land within existing town centres that

has the potential for development. Therefore, any applications for planning permission

shall only be considered for priority development areas that have been identified….”


Towards More Sustainable Land Use:

“……It is estimated that there are 4,500 hectares of land within existing town centres that

has the potential for development. Therefore, any applications for planning permission

shall be based on the Integrated Sustainable Urban Growth Approach Objectives and

Strategies that include transit oriented developments, compact cities, revitalization of

existing town centres, sequential approach and brownfield developments”

3 Page 3-3, Land Use Strategic Plan – 3.3.1

Priority Development Areas

“…..are already built up areas. For these areas, the objectives are to optimize land use

and existing infrastructure….”


Priority Development Areas

“…..are already built up areas. For these areas, the objectives are to optimize land use

and existing infrastructure and to achieve the objectives of a sustainable urban growth

through the comprehensive ISUG Approach ”

4 Page 4-10, Policy DSU7 –

The development of Land until 2020 shall optimize priority development areas as well as

new areas to be identified.


The development of Land until 2020 shall optimize priority development areas as well as

4-8


new areas to be identified. However, the ISUG Approach shall be adopted in order that

the Urban Growth Boundaries as well as Green Reserves be in place, to achieve balance

and sustainability in urban growth.

Policy DSU7 – L2

Encourage integrated infill development, urban renewal, redevelopment and adaptive

reuse in town centres, dilapidated areas, abandoned areas, unproductive areas, and

areas outside of heritage zones.


Encourage integrated infill development, urban renewal, redevelopment and adaptive

reuse in town centres, dilapidated areas, abandoned areas, unproductive areas, and

areas outside of heritage zones, and revitalize the city by attracting new investments in

terms of housing and commercial developments.

Policy DSU7 L3

Encourage high density developments on the island especially in areas along transport

(monorail) routes …..”


Encourage high density developments on the island especially in areas along transport

(monorail) routes and incorporating a comprehensive integrated public transport

programme through the Transit Oriented Development and Compact City Development

strategies.

Policy DSU7 L4

Giving emphasis and priority of development into built up areas through the Sequential

Approach, as follows:

• Giving priority to development in areas of Rank 1 with focus on existing built up

areas that have public transportation and infrastructure facilities;

• Giving priority to Rank II built up areas and new areas that have transportation

and infrastructure facilities …..”


Giving emphasis and priority of development into built up areas through the ISUG

Approach, as follows:

• implementing the Sequential Approach to development applications by giving

priority to development in areas of Rank 1 with focus on existing built up areas that

have public transportation and infrastructure facilities;

• Giving priority to Rank II built up areas and new areas that have transportation

and infrastructure facilities …..”

4-9


Policy DSU7 L6

“Encourage high density infill development along the monorail transport routes……”


“Encourage high density mixed use infill development along the monorail transport routes

so as to create the compact walkable city”

Policy DSU7 L7

Land use planning shall be integrated with traffic planning, planning for public

transportation and social planning.


Land use planning shall be integrated with traffic plannin , planning for public

transportation and social planning, as well as meeting economic and environmental

needs through the adoption of the ISUG approach.

5 PAGE 4-51, DS 18-

Commercial floor space shall be identified based on the hierarchy of centres;


Commercial floor space shall be identified based on the hierarchy of centres. The

incorporation of other mixed uses such as residential and institutional use within the

centres shall be further encouraged.

DS1 8 L2

Targetted commercial floor space needs by 2020 in identified centres of hierarchy

(followed by a table on the allocation by hierarchy of centres)


Targetted commercial floor space needs by 2020 in identified centres of hierarchy shall

be supported by programmes by the State and Local Authority in attracting further

investments into the centres.

Page 4-51, DS1 9

Giving priority to infill development in main town centres and other identified centres;


Giving priority to infill development in main town centres and other identified centres and

implanting the ISUG approach towards a comprehensive urban revitalization and

compact city development programme.

DS1 9 L1

Giving priority to infill development in main town centres and other identified centres;


Giving priority to infill development in main town centres and other identified centres and

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implementing the comprehensive ISUG Approach towards urban development

Page 4-52, DS1 9 L2

To offer commercial floor space based on demand to avoid over supply


To offer commercial floor space based on demand, to avoid over supply and to

encouraged mixed use developments in all commercial buildings, particularly in the town

centres.

DS1 9 L3

To implement commercial development through infill


To implement commercial development through infill in order to achieve the objectives

of the compact city and to make public transportation and transit oriented

developments feasible.

DS1 9 L4

Allowing and encouraging the change of use of buildings


Allowing and encouraging the change of use of buildings especially towards a more

mixed and compact development.


Table 4.5 : Negri Sembilan State Structure Plan – Incorporation of the ISUG Approach into the

Sectoral Policies and Strategies.

Item Statement in Plan and Reference

1

DRS NEGERI SEMBILAN 2001-2020

Page 4-2-4 – Policy: GT-DU2

The physical development of the State shall be guided within 4 categories:

i. Zones suitable for development;

ii. Zones that can be developed with conditions

iii. Zones unsuitable for development;

iv. Zones prohibited from development.


Page 4-2-4 – Policy: GT-DU2

The physical development of the State shall be guided by the use of the Integrated

Sustainable Urban Growth (ISUG) Approach that specifies the following:

i. Urban Containment Boundaries;

ii. Green Reserves;

iii. Transit Oriented Development (New Urbanism)

iv. Brownfield Development and Urban Revitalization;

2 Page 4-2-5 – Policy : GT-DS5

Encourage “infill” development in town centres in areas that are not developed, and

redevelopment of dilapidated areas in town centres.


Encourage “infill” development in town centres in areas that are not developed, and

redevelopment of dilapidated areas in town centres, and adopt the city revitalization

mechanisms of compact cities and mixed developments.

3 Page 4-2-14 – Policy : GT-DU5

The development of Town Centres shall concentrate on strategic growth nodes based on

the clear hierarchy and function/theme of special centres.


The development of Town Centres shall concentrate on strategic growth nodes based on

the clear hierarchy and function/theme of special centres. The mechanism of urban

containment boundaries coupled with agriculture land reserves shall be imposed.

4 Page 4-2-18 – Policy : GT-DS13

Optimize urban landuse by ”infill” development and control the development of new

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centres.


Optimize urban landuse by ”infill” development by adopting the mechanisms of urban

regeneration and compact cities, and control the development of new centres.

5 Page 4-4-7 – Policy : PD-DS2

Ensure the balanced distribution of floor space; additional floor space shall be encouraged

within existing town centres.


Ensure the balanced distribution of floor space; additional floor space shall be encouraged

within existing town centres by the strategic adoption and implementation of compact

cities,brownfield and urban revitalization as well as encouraging investments into existing

city centres..

1

2

Structure Plan of Seremban Municipal Council 1998-2020

Page 3.1-5 – Policy : KP 5

The development of town centre through “infill” shall be adapted with the surrounding

developments.


The development of town centre through “infill” such as brownfield developments and city

revitalization, shall be adapted with the surrounding developments.

Page 3.5-5 – Policy : PN 4

The development of commercial complexes shall be encouraged to optimize the town

centre land use.


The development of commercial complexes shall be encouraged to optimize the town

centre land use. State and Local Governments’ assistance in attracting private investments

shall be formulated and implemented in tandem with an integrated planning management

approach.

4.2.1.5 Local Plans

The local plan, which has to conform

to the general intentions of the

national physical plan and the

structure plan proposals, will apply

and work out in detail the structure

plan strategies. In particular it will

serve as the basis for all decisions on

planning permission and development

projects in the local planning authority

area.

Local Plan development proposals are

shown on cadastral type maps and are

more site specific. Hence the Urban

Growth Areas are to be worked out and

clearly shown, as well as the various


types of Green Reserves such as the

Prime Agriculture Areas, Parks, Hill

lands, Forest Reserves, Water

Catchment Areas, and other

Environmentally Sensitive Areas and

other non-development areas are

indicated in more detail, as well as

the boundaries for existing and new

town centres and growth centres, the

Transit Oriented Centres, Compact

Cities, and Brown Field Development

Areas. The ISUG also encourages

mixed development in these centres,

in order to make them more liveable.

The adoption of the Sequential

Approach to monitor and prioritize

development will prevent inefficient

urban growth and urban sprawl.

The adoption of more flexible

development control methods, such

as the Form-Based and Design-Based

Zoning, Performance-Based and

Incentive-Based Control Guidelines,

and the Planned Unit Development

approach, together with the

imposition of Development Charges,

and the control of development by

Transfer of Development Rights will

make the Local plan more viable.

In the preparation of Local Plans, the

use of the ISUG Database

Management and Decision Support

System (DMDSS) and Strategic

Environmental Assessment (SEA) will

make the work easier, faster and more

effective.

The ISUG Community Participation and

Support approach will provide the

means to make the public and the

stake-holders share in the preparation of

the local plan.

Incorporating the ISUG strategies and

mechanisms in Special Area Local Plans

will ensure that the proposals are more

action-orientated.

As the local plans for both Seremban

and George Town have yet to be

finalized, there is still room for the

incorporation of detail mechanisms

whereby the ISUG approach can be

spelt out in further detail.

4.2.1.6 Local Government Act 1971

The Local Government Act 1976 provides

for the administrative and management

powers and conduct of business of the

local authority in managing its area.

Under this Act, the local authority has the

power to make by-laws, rules and

regulations (Part XIII, section 102) which

are to be confirmed by the State

Authority (section 103).

Although Act 171 provides for the

establishment of local governments and

the administrative powers, it is the Town

and Country Planning Act 1976 (Act 172)

that allows local governments to attract

more investments into the area. This is

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done through the declaration by the

local authority of a development

area under Part VIII, section 38 of the

Act. In such instances, the local

authority can form a Corporation for

purposes of developing the area, and

thus undertake specific projects that

may attract more investments.

4.2.1.7 National Agriculture Policy

The National Agriculture Policy can be

further strengthened through the

incorporation of the use and

mechanism of the Urban

Containment Boundaries (UCB’s) and

the complimentary use of the

Agriculture Land Reserve (ALR). All

class I agriculture lands should be

designated as ALR. All

environmentally sensitive areas such

as forest reserves and water

catchment areas can also be

classified as ALRs in which no urban

type developments shall take place.

As exemplified in the case of George

Town and Seremban, the UCBs shall

limit the urban growth and together

with that the ALR will further

strengthen the strategy of limiting

urban growth and encroachment into

prime agriculture areas.

4.2.1.8 The Building and Common Properties ( Management and Maintenance) Act 2007 (Act 663)

This new Act is a positive move and

can be an encouragement to

provide for higher density, multi-storey

strata developments in city centres. With

this Act, purchasers are assured of better

and proper management of the

buildings, which also include

maintenance. Developers will not be

easily let off for failing to maintain and

manage buildings under this new Act.

4.2.1.9 The Uniform Building Bye Law 1984

For purposes of encouraging infill

developments and redevelopment

within city centres and especially where

brownfield developments are to be

implemented, the UBBL (as at July 2006)

may need to be amended. The two

sections of the UBBL, namely section

32(1)(a) and (b) as well as section 33

need to be amended to allow for the

possibility of rebuilding in inner city

centres, especially for adaptive re-use

and infill developments. It is also

recommended that the UBBL be totally

revamped and reviewed to allow for a

more performance based criteria and

design guidelines, rather than the current

prescriptive and inflexible design

conditions.

4.2.1.10 Local Government Act 1971

The Local Government Act 1976 provides

for the administrative and management

powers and conduct of business of the

local authority in managing its area.

Under this Act, the local authority has the

power to make by-laws, rules and

regulations (Part XIII, section 102) which

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are to be confirmed by the State

Authority (section 103).

Although Act 171 provides for the

establishment of local governments

and the administrative powers, it is the

Town and Country Planning Act 1976

(Act 172) that allows local

governments to attract more

investments into the area. This is done

through the declaration by the local

authority of a development area

under Part VIII, section 38 of the Act.

In such instances, the local authority

can form a Corporation for purposes

of developing the area, and thus

undertake specific projects that may

attract more investments.

4.2.1.11 The Building and Common Properties ( Management and Maintenance) Act 2007 (Act 663)

This new Act is a positive move and

can be an encouragement to

provide for higher density, multi-storey

strata developments in city centres. With

this Act, purchasers are assured of better

and proper management of the

buildings, which also include

maintenance. Developers will not be

easily let off for failing to maintain and

manage buildings under this new Act.

4.3 ISUG STRATEGIES AND TECHNIQUES TO

ADDRESS THE WEAKNESSES IN THE PRESENT DEVELOPMENT PLANNING PROCESS.

The identified issues and weaknesses in the

present system and process of formulating

development policies and preparing

development plans are shown in Table 4.6, as

well as the possible ISUG mechanism that can

overcome weaknesses.

Table 4.6: ISUG Strategies to address the issues and weaknesses in the Preparation of Development

Plans Weaknesses in the

present system ISUG Strategies

i The plan preparation

process is too long and

costly.

The plan preparation process can be made faster and more efficient by adopting the ISUG Integrated Planning Management (IPM) Approach, the ISUG Database Management and Decision Support System (DMDSS), and the Community Participation and Support (CPS) mechanism. The ISUG Approach will also take into account macro and micro plans already prepared but only needs updating. Thus, adopting the approach will only need the strengthening of existing plans.

ii The planning problems

and issues are not well

identified.

The adoption of the ISUG DMDSS and its mechanisms provides easier and more efficient compilation and analysis of data, more accurate identification of urban problems and issues, and the formulation of more effective and responsive


proposals. The participation of stake-holders from the beginning of the plan preparation process by the CPS approach will also ensure that issues are identified in a holistic and in-depth manner. The ISUG IPM Approach ensures that urban issues and problems are looked at in a integrated and holistic manner.

iii The public participation

process is not effective.

The ISUG CPS process will ensure more effective participation of the various stake-holders at all stages of plan preparation.

iv. Development plans are

not responsive and

effective

The ISUG DMDSS and the adoption of an appropriate set of ISUG Indicators (ISUGI) will ensure that the proposals and strategies of development plans are more directly responsive to, and more effective in solving, the urban problems identified. The ISUG Development Control Guidelines (DCGs) are more flexible and allow developers to change their development proposals in response to social, economic and political changes. The Transfer of Development Rights (TDR) and Government Fiscal Incentives (GFI) also provide lee ways for developers to make their development more feasible.

v Development plans are not action oriented and time specific

The ISUG Sequential Approach ensures that the development plans are more action-oriented and time specific, as it provides the time frame for development by various agencies, authorities and private sector. The Transit Oriented Development approach ensures that urban growth and the development of public transport and other infrastructures are timed together.

vi Development plans are too rigid or too vague.

The ISUG approach, with its many mechanisms allow for greater flexibility without sacrificing quality of development. The ISUG DCGs, like the Performance-Based and Incentive-Based Control Guidelines and the Planned Unit Development approach provide flexibility and encourage innovation in development by private developers. The Form-Based and Design-Based Control Guidelines, on the other hand, ensure that development achieve the expected vision.

vii Planners and decision-makers not responsible and accountable.

The ISUG DMDSS and ISUGI, with Strategic Environmental Assessment (SEA), Environmental Impact Assessment (EIA), Environmental Management System (EMS), Cost-Benefit Assessment (CBA), prepared according to ISUG requirements will ensure that planners and decision-makers are meticulous and transparent during the plan-making process and can be monitored and checked and made responsible and accountable. Under the ISUG approach all development agencies can be made accountable for the impact of development. The ISUG CPS system, where plan preparation can be

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monitored by the public and stake-holders, the planners will feel more responsible.

viii No development impact analysis in the plan preparation process

The adoption of the ISUG DMDSS and ISUGI will ensure that thorough assessment of impacts, risks, costs and benefits of proposed development will be done before the development plan is approved.

ix Lack of Coordination

and Integration among

agencies and

departments in planning.

The ISUG IPM approach will ensure that the is adequate integration and coordination at all stages among the various agencies and departments involved in the planning process

4.4 INCORPORATION OF ISUG INTO THE

DEVELOPMENT CONTROL AND LAND MANAGEMENT PROCESS

This section will look into how the ISUG

approach can help in to improve the

process of control and regulation of

development and land matters,

including the following processes:

a. The planning permission process

under the TCPA

b. Variation of conditions, restrictions

and categories of land use under

the NLC.

c. Sub-division, partitioning and

amalgamation of land under the

NLC.

d. Excision of Hill Lands and de-

gazetting from Forest Reserves

under the Land Conservation Act

and the Forestry Act.

4.4.1 ISUG Strategies and Mechanisms That

Can be Incorporated in the Development

Control and Land Management Process

The adoption of the ISUG approach aims

to improve the present system and

process of development control and the

management of land by ensuring that

the applications for planning permission

under the Town and Country planning

act, the alteration of the categories of

land use (normally called “conversion”),

alteration of conditions and restrictions of

land under the National land Code, the

sub-division, partitioning and

amalgamation of land under the

National land Code, the excision of Hill

lands under the Land Conservation Act

and the “de-gazetting” of Forest reserve

Lands under the Forestry Act, are made

and considered without unnecessary

delays, in a transparent manner, and will

bring benefit to affected parties without

causing undesirable impacts

environmentally, socially and

economically, i.e. to ensure that the

process will ensure Sustainable


Development and achieve Smart

Growth. This can be achieved

through:

i. The ISUG approach of Integrated

Planning Management can be

adopted to ensure that development

proposals are planned and

considered in a comprehensive and

holistic manner taking into account

social and environmental factors

besides economic and political

benefits.

ii. The Sequential Approach should be

used to phase and control

development and land conversion to

prevent mismatch of demand and

supply, leap frog development and

urban sprawl, and to prioritize

development in areas like town

centres and brown field sites, which

are more efficient and cost-effective.

iii. The consideration of objections from

neighbours is required in the

consideration of applications for

planning permission and rezoning. The

adoption of the ISUG Community

Participation and Support Approach

can make the process more effective

and conducive to all stake-holders.

iv. The ISUG Database Management and

Decision Support System will go a long

way to ensure that recommendations

and decisions on applications for

planning permission and on land

matters are based on reliable well-

understood information and are made in

a competent, transparent, responsible

and accountable manner.

v. The Performance-Based and Incentive-

Based Control Guidelines and the

Planned Unit Development Guidelines

allow more innovative and feasible

development that can respond well to

changing economic, social and

environmental situations, and enable the

authorities and the public to benefit from

the development as well;

vi. The Form-Based and Design-Based

Zoning approach can help to achieve

better and more workable urban

environment.

vii. The imposition of Development Charges

as required under the TCPA, and the

adoption of Transfer of Development

Rights and Government Fiscal Incentives

will encourage the right development in

the right places, achieve the

Government’s urban heritage

revitalization goals and the protection of

parks and other green areas.

viii. The requirement for the Development

Proposal Report in the application for

planning permission and land matters

according to ISUG guidelines will ensure

that development proposals and their

impacts and the mitigation measures are

well thought out and will help better

decision-making and expedite approvals

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4.4.2 ISUG Strategies and Mechanisms to address the weaknesses in the present Development Control and Land Management Process

Table 4.7 below summarizes the way

the ISUG strategies and mechanisms

can address the problems and

weaknesses inherent in the present

system and process of development

control and management of land.

Table 4.7: ISUG Strategies to address the issues and weaknesses in the Development Control and

Land Management Process

Weaknesses in the Present System ISUG Strategies

i. The planning permission process is unnecessary tedious and time-consuming.

The ISUG Database Management and Decision Support System (DMDSS), when set up, will provide up-to-date data for clearer understanding and speed up decision-making in the approval process. The ISUG Indicators (ISUGI) and Criteria can give clearer and coordinated directions for technical officers from various departments checking the proposals in planning and land applications, and prevent unnecessary and conflicting comments.

ii. Misinterpretation of Development Plan, Guidelines and Planning Law during development control and regulation

The ISUG Development Control Guidelines (DCGs) provide clearer guidelines for development control. The guidelines translate more clearly the intentions and objectives of the national and state development policies and plans.

iii. Approving authorities, officers and decision makers should be more responsible and accountable

The Development Proposal Report and the DMDSS together with clear DCGs ensure that recommendations and decisions on planning and land applications are transparent. They will clearly show whether recommendations and decisions are made in a responsible and accountable manner. In the ISUG approach, all agencies will have to be accountable as many of the mechanisms in the approach require the participation of the various agencies as well as the public.

iv. The appeal process takes too long The adoption of the ISUG approach requires that all officers including those in charge of the appeal process are well trained and competent.

v. The Use of IT systems and internet is not adequately coordinated

The ISUG DMDSS requires the use of appropriate IT system and softwares and the internet. The DMDSS sets up a coordinated common computer-based format and system for data compilation, analysis, retrieval, up-dating, communicating and dissemination of information for planning that can be shred by all relevant departments and the public.


vi. No adequate method to assess the impact of proposed development

The ISUG DMSS incorporates Strategic Environmental Assessment (SEA), Environmental Impact Assessment (EIA), Cost-Benefit Assessment and Risks Assessment in the consideration of planning and land matter applications. The Development Proposal reports also contain the necessary EIAs in the applications, including Traffic Impacts and Social Impacts.

vii. Officers in the administration of land are not well versed with the NLC and the TCPA

More training required with the adoption of the ISUG approach, especially in lieu of the suggested amendments to several legislations;

viii. No legal provisions for land matters to conform to the development plans

To amend the National Land Code so as to provide a link or reference with the development plans and strategies at national level.

ix. LPAs do not consider the demand and supply situation in approving development

The ISUG Approach which incorporates the Sequential Approach will ensure the close monitoring of development. With the establishment of proper management units as well as the DMDSS and ISUGI, the ISUG will provide the mechanism for decision making, review and monitoring of demand and supply of development.

x. Quality and competency of agents are not adequately regulated

More training required with the adoption of ISUG Approach, especially in lieu of the suggested amendments to several legislations and policies;

4.5 INCORPORATION OF ISUG INTO THE

PLAN IMPLEMENTATION, MONITORING AND ENFORCEMENT PROCESS

Some of the ISUG strategies and mechanisms

can help to ensure that plans and

development proposals are implemented in

accordance to what has been proposed

and approved. Monitoring of the

development is important so that pollution

and other harmful environmental impacts are

not produced during construction, and

preventive measures are taken and all

conditions of approvals are complied with by

the developer. Enforcement actions where

offences have been committed are also

crucial.

4.5.1 ISUG Strategies and Mechanisms that can be incorporated in the Plan Implementation, Monitoring and Enforcement Process.

i. The Sequential Approach requires that all

development implementation be

monitored to ensure that there is no over-

supply situation. Adequate data analysis

on demand and supply of development

projects is regularly done under the DMDSS

system.

ii. The DMDSS system also incorporates an

Environmental Management System (EMS)

that requires the self-monitoring of the

impact of the development at various

stages of implementation and ensures that

adequate remedial measures are taken to

prevent harmful impacts and pollution. A

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system in line with the ISO 14000 EMS

can be adopted.

iii. The constant regulating and control of

industrial, business and other activities

and use of buildings, and the control of

discharges by Licensing Control under

the Local Government Act and the

Environmental Quality Act will further

help to ensure all development and use

of land and buildings are sustainable.

4.5.2 ISUG Strategies and Mechanisms to address the weaknesses in the Plan Implementation, Monitoring and Enforcement Process.

Table 4.8 below summarizes some of the

ISUG strategies and mechanisms that can

address the problems and weaknesses in

the present process of plan

implementation, monitoring and

enforcement of development.

Table 4.8: ISUG Strategies to address the issues and weaknesses in the Plan Implementation, Monitoring and Enforcement Process

Weaknesses in the Present System ISUG Strategies i There is no control and

coordination in the implementation of development projects

The ISUG Integrated Planning Management Approach can effectively put in place the coordination and control in the implementation of development. The Sequential Approach can set the phase and schedule of development projects of various agencies and coordinate their schedule of implementation

ii The local authorities and government agencies have to play a more active role in development

Many of the strategies in the ISUG Approach, such as Transit Oriented Development and Compact City Development, require that the government and local authority to play the key role in the planning and implementation of public transportation projects and other development projects which are of benefit to the people.

iii Insufficient incentives given for developers to carry out development in more appropriate sites

The imposition of Development Charges, Transfer of Development Rights, Government Fiscal Incentives and the Incentive and Performance-Based Control Guidelines are all appropriate ISUG mechanisms which can encourage developers to carry out the right development in the right places.

iv Enforcement actions under TCPA and the SDBA are slow and inadequate

The adoption of the ISUG approach necessitates the recruitment and training of competent staff, in particular planning inspectors, to carry out enforcement actions under the TCPA. The setting up of Municipal Courts should also be looked into.

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4.6 THE RECOMMENDED APPROACH AND OVERCOMING WEAKNESSES IN THE MALAYSIAN PLANNING AND DEVELOPMENT SYSTEM

Chapter 2 of this report outlined some

weaknesses in the land development system

of the country. Some of these issues will be

relooked in this section and in particular, an

evaluation will be made as to whether the

ISUG approach can help overcome some of

these issues and weaknesses.

The table below summaries the issues and

weaknesses brought forth and how ISUG

Approach may help overcome these:

Table 4.1 : Issues and Weaknesses in the Malaysian Land Development System and the ISUG

Approach to address these no Issue ISUG Approach

I- The Preparation of Development Plans i Takes too long to prepare The ISUG Approach will take into account macro and

micro plans already prepared but only needs updating. Thus, adopting the approach will only need the strengthening of existing plans.

ii Planning issues and problems not well defined

The adoption of the ISUG and its mechanisms requires the specific identification of issues so as to choose which mechanism to adopt for implementation.

iii Public participation process is not effective

The ISUG requires public participation from the community and private sector for some of the mechanisms to work;

iv. Development plans are not responsive and effective

The ISUG approach is very flexible in that it has many mechanisms to allow for changes in urban trends and economic or political changes.

v Development plans are not action oriented and time specific

The ISUG approach is very action oriented as it has to be implemented by various agencies, authorities and private sector . By using the sequential approach, which is demand led, the time frame is specified.

vi Development plans should not be too rigid nor too vague

The ISUG approach, with its many mechanisms allow for great flexibility

vii Planners and decision makers not responsible and accountable

In the ISUG approach, all agencies will have to be accountable as many of the mechanisms in the approach require the participation and decision making by the agencies.

ix No development impact analysis in the plan preparation process

Due to the systemic nature of the mechanisms of the ISUG approach, the possible impact of each mechanism to be adopted is anticipated and included in the plan.

II - Development Control and Land Management i. Planning process is tedious and

time consuming The OSC remains to be tested for its effectiveness;

ii Misinterpretation of Development Plan, Guidelines and Planning

The ISUG approach has to be marketed well and courses and training on it be undertaken at all levels

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Law during development control and regulation

and all agencies;

iii Approving authorities, officers and decision makers should be more responsible and accountable

In the ISUG approach, all agencies will have to be accountable as many of the mechanisms in the approach require the participation and decision making by the agencies.

iv. The appeal process takes too long

Need for capacity building in all state JPBDs which act as the registrar of the State Planning Appeal Board.

v The Use of IT systems and internet is not adequately coordinated

To monitor the ISUG implementation, the use of IT is pertinent.

vi No adequate method to assess the impact of proposed development

The ISUG approach has to be marketed well and courses and training on it be undertaken at all levels and all agencies;

vii Officers in the administration of land are not well versed with the NLC and the TCPA

More training required especially in lieu of the suggested amendments to several legislations;

viii No legal provisions for land matters to conform to the development plans

To amend the National Land Code so as to provide a link or reference with the development plans and strategies at national level.

ix LPAs do not consider the demand and supply situation in approving development

The ISUG Approach which incorporates the Sequential approach will allow for the close monitoring of the developments; with the establishment of proper management units as well as a data bank and indicators, the ISUG will provide the mechanism for decision making, review and monitoring.

Quality and competency of agents are not adequately regulated

More training required especially in lieu of the suggested amendments to several legislations and policies;

III – Plan Implementation, Monitoring and Enforcement i There is no control and

coordination in the implementation of development projects

One of the mechanisms of the ISUG approach is integrated management. Once this is implemented effectively, the coordination and control should be in place.

ii The local authorities and government agencies have to play a more active role in development

In the ISUG approach, all agencies will have to participate as many of the mechanisms in the approach require the participation and decision making by various agencies.

iii Insufficient incentives given for developers to carry out development in more appropriate sites

Government at state and local levels are required to offer financial incentives to attract investments

iv Enforcement actions under TCPA and the SDBA are slow and inadequate

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5-1


5.1 INTRODUCTION

In order that the ISUG Approach be

implemented in the most effective way,

further works need to be undertaken. The first

stage would be to market the idea of the

approach and to inform all involved in the

planning process, in policy and decision

making the philosophy, the strategies and the

mechanisms of the ISUG approach.

Whilst this is being undertaken, it is

recommended that further research works be

undertaken to formulate and detail out the

tools that are needed in order that the

approach can be better and more

effectively implemented.

5.2 ROAD SHOW TO INFORM AND ADOPT

THE ISUG APPROACH TO POLICY MAKERS AT ALL LEVELS

The ISUG Approach needs to be accepted

and understood by all policy makers at local,

state and Federal levels, heads of departments,

the business community and industry players as

well as community leaders, the media, rate

payers and residents’ associations.

It is therefore recommended that the Federal

Department of Town and Country Planning

undertake the effort, through the Ministry of

Housing and Local Government, through

meetings, seminars and workshops. Much like

the effort made in publicizing and informing

about the development plans (Structure Plan

and Local Plan), the department must

undertake a similar effort in the publicity of the

Approach once it has been accepted by the

officers of the department at Federal, State and

Local levels.

As such, the FDTCP has to make known the ISUG

Approach to the following:


i. National Planning and Physical Council

ii. State Planning Committee iii. State JPBDs iv. Local Planning Authorities – LPAs v. Department Of Land and Mines and

Land Offices vi. Government Technical Departments

and Agencies vii. Communities, Rate Payers, Residents,

NGOs viii. Professionals and Consultants ix. Land Owners x. Developers xi. Business community

5.2.1 Criteria for Implementation

The ISUG Approach will offer the most

comprehensive solution for the

planning and managing of urban

development and growth. However,

before its adoption and

implementation, several criteria will

have to be met. These are further

discussed below:

i. Strong political support

There has to be strong political

and community support for the

approach. Just like the Sequential

Approach and its adoption in the

United Kingdom, the ISUG

Approach has to be fully

supported by the political masters

at federal, state and local levels.

All political leaders must have the

sincerity, and commitment to

achieve sustainable urban growth

and development, and not just

pay lip service to the idea.

This approach will have to receive

not just endorsement by the National

Physical Planning Council but also

the Cabinet. Once Cabinet has

endorsed the approach, it shall be

imperative for others to follow, as

Cabinet Instructions are taken very

seriously by all departments and

agencies, more than any other

committee or council decisions.

ii. Integration and Coordination

amongst all ministries, agencies,

departments, local authorities and

utility providers

Following the above, all ministries,

agencies, departments, local

authorities and utility providers must

be aware and have the knowledge

of how the ISUG will be implemented

by all. Every agency has a role in the

ensuring the effectiveness of the ISUG

Approach, and not just the local

authorities. Utility companies, for

example, have to make

environmental and resource use

sustainability as their priority and not

just pure economics. Providing

services to a development on the

outer edge of urban areas will

increase the incomes of the

company; however the new

resources needed to supply a service

further out of the urban area will tax

on infinite resources.

Departments and agencies have to

all adopt the ISUG as their own policy

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and strategy. The problems of

compartmentalization of

government powers and

jurisdictions should be overcome

by the ISUG approach which is

cross department and cross

agency in its objectives, strategies

and mechanisms.

iii. Capacity Building

In order that the ISUG be

implemented effectively, there

needs to be capacity building at

all Federal, State and Local

government levels especially in

the form of monitoring. Capacity

building shall be not just in the

numbers of officers involved but

also in the skill building, knowledge

development and data

management and upgrading. In

light of the One Stop Centre

(OSC) approach to process

development applications, the

ISUG can be implemented in

tandem with the OSC. When all

policies and strategies are in

place and applications meet up

with the criteria and requirement

of the ISUG, plan processing and

decision making shall definitely be

faster.

iv. Stakeholders involvement and

participation

Community involvement must be

supported by the willingness and

sincerity of government agencies

to include comments and

suggestions from NGO’s, CBO’s and

other stakeholders. More often than

not, stakeholders participation is only

to fulfill legal and institutional

requirements by the government and

not used constructively and

positively. It is imperative also that

there exists private-public sector

partnership for ISUG to be effectively

implemented and monitored. This is

so that the private sector, namely the

land owners and developers

understand fully well the philosophy

and ultimate goals and objectives of

the ISUG and not oppose to the

imposition of restrictions on areas and

lands outside of designated zones for

development.

Once the ISUG approach has been

adopted after extensive consultation

with political groups, stakeholders

that include the private sector and

community groups, the dissemination

of knowledge on the ISUG must be

continuously promoted. This can be

undertaken through newspaper

articles, magazines and other forms

of media.

5.2.2 Mechanism for Implementation

The ten principles of the ISUG can be

easily adopted and implemented

through growth controls, incentives, tax

policies and design controls. Each of the

ten of the ISUG must work in tandem with

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other related policies. One cannot

work without the application of

another. Each is inter-related with

one another. Each mechanism has

systemic effect and impact on

another.

5.3 FURTHER RESEARCH AND STUDIES

Before the adoption and implementation of

the ISUG Approach, further research and

studies have to be carried out on each of the

9 recommended ISUG strategies and

mechanisms in order to:

i. work out the working details of each

of the strategies and mechanisms;

ii. test the suitability and effectiveness of

each strategy or mechanism on

different real-life situations,

iii. work out how and where each of

them can be adopted and

implemented in the present urban

planning and management system,

organization and procedure, and

iv. where necessary and appropriate,

alter any of the present system,

organization, procedure or law,

and hence to derive a better, viable and

holistic urban planning and management

approach to achieve the integrated

sustainable urban development and growth

of the country.

The studies which need to be carried out in

the next stage include:

5.3.1 The Integrated Planning Management

(IPM) Approach

This important approach looks into how

all the organizations, systems and

procedures that are involved in the


development and growth can be

integrated to make the whole process

more holistic, effective and efficient.

The IPM approach is a prerequisite for

sustainable development, as this calls for

an integrated approach to the planning

and management of the various social,

economic and environmental sectors;

landuse and transport, housing and cost

of living, work and recreation, risks, costs

and benefits of development, short term

and long term, present and future needs

and demands.

a. More research has to be carried to

understand the what and how of

“sustainable development”, to

rethink and redefine its meaning and

approach for the country to be in line

with the intention of Agenda 21,

more so now with the issues of

climate change and global warming

gaining more urgency in the eyes of

the world, and to realign all efforts in

the planning and management of

urban growth to really achieve this

objective.

b. Further studies are needed to set up

the detail procedures for Strategic

Environmental Assessment (SEA),

5-4


Environmental Impact Assessment

(EIA), and Environmental

Management System (EMS), and

the ISUG Indicators (ISUGI),

recommended as one of the ISUG

mechanisms in the urban planning

and management process, to

help in the understanding of the

relationships among the various

planning sectors and in the

quantitative analysis of the

impacts of each sector on

another.

c. Organization and management

(O & M) studies should be carried

out to look into the integration,

cooperation and coordination

among the various government

departments, semi-government

agencies, government-linked

companies, private agencies,

non-government organizations,

and other organizations, and the

public, who are involved in one

way or another in the planning

and management of urban

growth and development and

into the necessity for the he

revamping of work procedures

and departmental organizations

to reach an ideal state of

integration and coordination. The

study should look into the

methods, principles, resources,

tools, and institutional

arrangements for IPM. The One

Stop Centre (OSC) can be seen to

one part of the IPM approach. The

OSC coordinates the submission and

processing of applications for

planning permissions, building plans

and earthworks plans under the local

authorities and for the alterations of

conditions, restrictions and category

of land use under the National Land

Code under the land office. The

system and procedures now being

adopted still have much room for

improvement.

d. New approaches and methods for

development planning, such as the

Unitary Plan System and the Local

Development Framework System

being adopted and practiced in UK,

should be looked into to determine

whether they are improvements to

the present system and whether they

can better achieve a more holistic,

coordinated, effective, efficient and

transparent system for sustainable

urban growth and development.

Amendments to the Town and

Country Planning Act, Street,

Drainage and Building Act, Local

Government Act, Compulsory

Purchase Act and other related acts

may then be necessary.

5.3.2 Urban Growth Boundaries (UGBs), Urban

Growth Areas (UGAs) and Green

Reserves (GRs)

Further studies on this strategy should be

carried out to work out the precise

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format and method of incorporating

UGBs, UGAs and GRs in the future

review and amendments of the

National Urbanization Policy, the

National Physical Plan, approved

structure plans and approved local

plans, and in the formulation of new

structure plans and local plans.

The study or a pilot planning project,

among other things, should look into:

I. the criteria for determining the land

components to be included in UGAs

and GRs;

II. whether the UGB and GR strategies

should be incorporated as general

policy statements, locational

specific proposals or site specific

proposals in the various plans;

III. the steps required to determine the

UGBs, UGAs and GRs in the

formulation of the plans, such as

land availability assessment, land

viability assessment, land

requirement assessment and land

prioritization and scheduling.

5.3.3 Transit Oriented Development (TOD)

and Compact City Development

(CCD)

Further research will need the

involvement of the Ministry of

Transport, The Ministry of Public

Enterprises, The EPU as well as the

Public Works Department, in order to

work out the long term strategy for an

integrated public transportation plan

for all major cities in the country. This

shall not involve just the physical

provision but also the long term planning

and management, in line with the NPP

and the NUP. Amongst the items to be

researched on include:

i. The Most suitable public transport system

for every city , depending on the growth,

expected demand and uniqueness of

land use characteristics;

ii. Identification of Transit zones;

iii. Identification of possible land use and

incentives to encourage compact

development within these zones;

iv. Intensity of land use including plot ratios

and permissible densities:

5.3.4 Sequential Approach

Much has to be undertaken before the

Sequential Approach can be

implemented in the cities and towns of

Malaysia. Amongst the research that

has to be carried out include the

following:

i. The identification of possible areas for

the approach to be implemented,

including state and local

government lands;

ii. The zoning and development control

guidelines such as the density and

plot ratio allowable;

iii. The preparation of more detailed

local plans and that are prescriptive

and performance based, with flexible

development guidelines;

5-6


iv. The readiness of LPAs with data

and information systems on the

areas and lands within the city

centres that will be identified as

priority areas for implementation

of the Sequential Approach.

5.3.5 Community Participation and Support

Although public participation has

become the norm in the preparation

of structure and local plans in the

country, nevertheless, the support and

participation of the community has

been very very limited. There needs

to be the following for more effective

public participation and community

support:

i. Research and surveys on the

community’s perception of

government policies,

strategies, of employees, at all

levels and ways and means to

overcome or leverage on the

findings of these;

ii. Capacity building of

facilitators and moderators at

the public participation events

to encourage interaction,

communication, ideas;

expression by the community;

iii. Other ways and means of

getting people at all levels

and ages to participate or

provide views and opinions;

iv. The use of other forms of

media and other activities for

community to interact; research

on effectiveness of partnerships,

mentor and mentee

programmes.

v. Research on use of technology

for effective community

participation.

5.3.6 ISUG Database Management and

Decision Support System (ISUG-DMDSS)

Further studies are required to work out

the details for setting up the components

of the recommended ISUG-DMDSS, i.e.

i) the ISUG Database

Management System (ISUG-

DMS)

ii) the ISUG Decision Support

System (ISUG-DSS),

iii) the ISUG Indicators (ISUGI),

and

iv) the ISUG Cost Benefit

Assessment (ISUG-CBA).

Much has been done by the

Department of Town and Country

Planning (DTCP) at both federal and

state levels, various federal departments

and agencies, state governments, local

planning authorities, and other agencies

towards the establishment of database

management systems and decision

support systems, as pointed out in section

3.3.6 of this report. A lot of data has

been compiled in the preparation of the

National Physical Plan, structure plans

and local plans, and other plans and

projects, and in the day-to-day

processing of planning applications,

5-7


building plans, earthwork plans and in

the preparation of development

proposal reports, environmental

impact assessment reports, traffic

impact assessment reports and other

reports.

Further studies need to be carried out

to see how the DTCP at both federal

and state levels can incorporate all

the present relevant computer data

systems of the various bodies and set

up, coordinate and maintain the

ISUG-DMDSS as mentioned in section

3.3.6.

Common electronic formats for the

entering, compilation, analysis,

storage, retrieval, dissemination,

presentation, and up-dating of all

relevant data from the various

departments and agencies are to be

established.

The DTCP should also establish the

formats and manuals for the ISUG

Strategic Environmental Assessments

(SEA), Environmental Impact

Assessments (EIA), the Environmental

Management System (EMS) and Cost-

Benefit Assessment for development

planning, development control and

development management.

A complete set of ISUG Indicators for

the assessment of environmental

impacts and for ISUG Cost-Benefit

Assessment and risk assessment of

proposed development will be needed.

The ISUG indicators should include:

• Geotechnical and land

resources: land stability, land

slide, soil settlement, erosion,

flooding, land availability, land

suitability;

• Ecological: fauna and flora,

natural biodiversity, forests and

wetlands, rivers, marine resources;

• Food production: agriculture,

fishing, aquaculture;

• Climate: Climate change, global

warming, carbon emission, green

house gases, trees and

vegetation;

• Air quality: air pollution, air quality

index, noise pollution

• Water quality: water pollution,

water quality index;

• Public utilities: supply, demand

and costs of water, electricity,

sewerage, telecommunication,

waste management services;

• Economy and Income:

employment, income, costs of

living;

• Traffic and Transport: traffic

impact, public transport, cost of

traveling,

• Housing and living environment:

housing demand and supply,

costs of housing, clean

neighbourhood environment,

safe, bicycle lanes, foot paths;

• Community facilities and services:

facilities for recreation, schools,

no of teachers, health clinics and

5-8


hospitals, no of doctors, police

stations, no of policemen,

shops;

• Social: sense of place, sense

of belonging, sense of

community, sense of security;

• Cultural: traditional practices,

religious facilities, heritage,

spiritual pursuits;

• Design and Aesthetic:

protection of vistas, urban

design, arts, public realm

design.

The electronic dissemination of

planning information to the public

along the line of the JPBD Landuse

Planning Portal is envisaged, as well as

the setting up of permanent planning

information centres and “operation

rooms” in all departments and local

planning authorities and for the

National Physical Planning Council

and the State Planning Committees.

5.3.7 Urban Form, Urban Design, Incentive-

Based, Performance-Based, Licensing

Control and Other Control

Approaches

Further studies to look into the details

and suitability of the various

alternative development control

approaches should be carried out.

Pilot study projects can be carried out

to incorporate these alternative

approaches in the preparation or

review of local plans, special area

local plans and supplementary

development control guidelines, and see

how they can be adopted for various

urban areas, such as new and old town

centres, traditional neighbourhood

centres, transit centres, and urban

heritage conservation areas.

The work should also look into the

formulation of the various components of

the control guidelines, such as the

regulating plan, public space standards,

building form standards, environmental

resource standards, architectural

standards, landscaping standards,

signage standards, incentive criteria and

performance criteria for guiding new

development.

5.3.8 Development Charges and Transfer of

Development Rights

5.3.8.1 Development Charges

It is crucial that the Rules for

Development Charges be prepared and

adopted for all local planning authority

areas, especially those that have local

plans, as required by the TCPA, if not

already done so. The rules should specify

the rates and method of calculation of

development charges. The steps to be

taken, as mentioned in section 3.3.8.2 of

this report, include:

i) Determine the base land /

building use, density and plot

ratio entitlement of various

locations within the Urban Growth

Areas,

5-9


ii) Carry out a Land Valuation

Exercise for the Urban Growth

Areas, to determine the “Base

Land Values” of the various

locations,

iii) Create the formula and rate

for calculating DCs,

iv) Draft and Prescribe the

Development Charge Rules,

v) Establish an administrative

system of imposing DCs by

LPAs.

5.3.8.2 Transfer of Development Rights

The further studies to be done should

look into the requirement and

suitability of the Transfer of

Development Rights in the plan area,

which can be a pilot study area. The

steps to be taken to establish the

system in the plan area include:

i) Identify the “Sending Areas” and

the “Receiving Areas”,

ii) Carry out a Real Estate Market

Analysis (REMA),

iii) Determine the “Base

Development Rights” of these

areas,

iv) Create a Formula for Calculating

“Development Rights Values” or

“Credits” in these areas,

v) Drafting the Rules,

vi) Establish administrative

procedures and setting up a TDR

Register

5.3.9 Government Fiscal Incentives

As outlined earlier, for ISUG to work there

must be greater interest in the

development and investments into city

centres. Thus, government fiscal

incentives are vital to attract the

investments to locate within urban areas.

Thus far, government programmes such

as the Malaysia My Second Home

(MM2H) has been successful in

encouraging expatriates to live in this

country. A majority have chosen to live

in cities due to many factors such as

excellent medical care, convenience of

services, entertainment, etc. However,

there are also those who have chosen to

live in more rural environment. However,

more incentives need to be formulated

and given to achieve not just a

sustainable city, but also one with a

good balance of population in terms of

age and income levels. The following

are some examples of areas in which

fiscal incentives need to be further

researched upon:

i. Incentives that will encourage the

development of more affordable

housing in the city especially within

transit planning zones;

ii. Incentives to encourage the setting up

of more colleges and universities within

the CBD and around transit nodes;

iii. Incentives that will encourage people

to leave their private vehicles and use

the public transportation systems;

5-10

5-11


iv. Incentives to encourage small and

medium scale services to locate in

the city;

v. Incentives that will encourage more

corporations to adopt and beautify

the city’s gardens, public spaces,

walkways, etc.

6-1


The Chapters contained herein has detailed

out another alternate approach towards a

more comprehensive planning and

management of urban growth. No matter

what challenges and issues there are as a

result of urbanization, it should not be limited

or stopped as growth must be continued and

encouraged. Cities as economic engines in

Malaysia should continue to grow but in a

more manageable and sustainable manner.

As the nation faces many more untoward

challenges such as climate change, the

shortage of foods due in some parts to

reduction in agriculture producing areas, plus

the high energy costs globally, planners have

to be more innovative in the approach

towards sustainable planning and

management as well as the monitoring of

urban growth in the country.

The Integrated Sustainable Urban Growth (ISUG)

approach would be the best prescription for the

country. It is comprehensive, multi- sectoral and

multi-agency. If implemented effectively, much

of the urban issues we currently face, from

planning, development and execution

management and monitoring may be

addressed. The effect and impact will be multi-

dimensional and most importantly, the goal of

Sustainability as we understand it now, will be

achieved.

sequential approach in the development plan system of malaysia

Documents

management of urban

development planning

smart urban growth

monitoring of urban

rural development

effective development

urban forms

urban farm