November 2005 Issue - Malaysian Institute of Planners

Transcription

November 2005 Issue - Malaysian Institute of Planners
November 2005
Berita
www.mip.org.my
“We shall be facing a new challenge, where foreign consultants will
soon be competing with us locally. Thus we must be prepared to
compete with them at home ground and more importantly we must
take the opportunity to explore other markets globally.”
~ Norliza Hashim
President, MIP
Assalamualaikum wrm.wbr. and Warm Greetings,
It has been three months since I assumed office as
President of the Institute and this would be the first time
I am addressing members in the Berita Perancang.
First and foremost I would like to take the opportunity to
thank everyone who attended the Annual General
Meeting last July 2005, especially to the fellow planners
who had tirelessly supported the institute and came for
the AGM despite their busy schedules. We also saw
many new faces especially new corporate members
and graduate members in which this AGM might be
their first. I hope all of you will continue to make AGM a
yearly event not to be missed, as not only do we meet
old friends but also AGM is the venue to share planning
thoughts, raise concerns and issues on planning.
The Council of 2005-2007 is a good set up where we
have the return of former eminent council members and
the incoming of new members to the council. Together
the council will serve and work hard for the institute and
its members. The council will focus on several issues
this two years and ten Standing Committees have been
set up to ensure that the institute and its members
address the many issues that are being faced by the
profession and the planning professionals. As I have
mentioned in the AGM, MIP needs to refocus and set
targets on leading the way forward for the profession
and I hope all members will respond and support the
programmes that will be carried out by the Council. The
Standing Committees formed, its committee members,
programs and intended activities for the coming year
are outlined in the Bulletin and I hope all members will
read and should anyone wish to volunteer, please
contact the relevant chairman of the committee.
The Council also acknowledges the need for Capacity
Building for the institute as well as for its members.
Continuing Professional Development (CPD) will be
emphasized and efforts to conduct all modes of CPD at
more affordable cost will be the priority. E-CPD shall
also be introduced and the council is making
arrangements with Asia Build On-line to assist the
secretariat in monitoring members CPD Database as
well as provide members with a one-stop centre for
searching CPD activities. Capacity building shall also
be emphasized on young and future planners; two
committees have been formed i.e. Young Planners
Committee which will focus on young graduate
members and Education Committee which has been
renamed Education and Students Affairs will focus on
future planners in all planning schools in the country.
Capacity building will also focus on nurturing young
dynamic planners to be active in the institute’s
activities. This will help in identifying future leaders who
will continue the good work of the institute.
I would also like to remind members on the approved
Minimum Scale of Professional Fees by the Board of
Town Planners. I hope members shall use the scale with
immediate effect and without hesitation. The scale of
fees has been approved by the Minister and is in the
process of being gazetted as rules in the Town Planners
Act. If all practicing planners strongly adhere to the
minimum scale, then we can rid allegations that planners
just sign plans for a small fee. I do acknowledge that
many private practice planners are currently affected by
the slow down in property market over the last two years
and also the reduction of government projects. However,
this should not be the reason for such practice and I
strongly believe there is a bright future for planners and
the many rising issues today lead to a strong role that
planners have to play towards sustainability and social
cohesion. Thus it is our responsibility to uplift the
profession and stop the act of bad practice as we protect
our integrity. The minimum scale of fees sets as a
standard and adds value to the professional services
rendered. Thus we must ensure good and honest practice
and not allow others to misuse us.
(Contd. inside)
Newsletter of the Malaysian Institute of Planners
KDN PP 10805/5/2005
2
THE COUNCIL 2005-2007
EDITORIAL BOARD
President
NORLIZA HASHIM
Vice-President
PROF DR MANSOR
IBRAHIM
Honorary Secretary
AHMAD SUHAIMI
ISMAIL
Honorary Treasurer
MD NAZRI MOHD
NOORDIN
Standing Committees :
Membership /
Education Fund Board
PROF DR MANSOR
IBRAHIM
Young Planners
MD. NAZRI MOHD
NOORDIN
Research and
Publication
ASSOC PROF DR ALIAS
ABDULLAH
Corporate Affairs /
International Affairs
NORLIZA HASHIM
Programme
MOHD. ZAMRI HUSIN
Sustainable Planning
and Development
KHAIRIAH TALHA
Education and
Students Affairs
ASSOC PROF WAN
MOHAMED YUSOFF
ABDULLAH
Chief Editor
En. Ishak Ariffin
Advisor
Assoc. Prof. Dr
Alias Abdullah
Members
Assoc. Prof. Wan
Mohamed Yusoff b.
Abdullah
Pn. Khairiah bt.
Hj. Mohd Talha
Mr. Muhammad Faris
b. Abdullah
Mr. Bong Khin Fah
Special Projects
JASON LEE POH LEE
Professional Practice
IHSAN ZAINAL
MOKHTAR
Dr. Mohd Zin
Mohamed
Pn. Juwairiyah Hj. Mokhtar b.
Ho bt. Abdullah
Samadi
CO-OPTED MEMBERS 2005-2007
YB Dato’ Haji Zainol Bin
Haji Ayob
• YBhg Datuk Hj Zainuddin Hj
Muhammad
• Puan Zainab Bin Mohd Ghazali
• Mr T Mahesan
• Datin Paduka Dr Halimaton
Saadiah
SECRETARIAT STAFF
REPRESENTATION IN COMMITTEES
BIPC - (Building Industry
Presidents Council)
President - Norliza Hashim
AAPH - (Asean Association For
Planning and Housing)
Jason Lee Poh Lee
EAROPH INTERNATIONAL
(Eastern Regional Organization
For Planning and Housing)
President - Norliza Hashim
BIM - Balai Iktisas Malaysia
Mr T Mahesan
Ahmad Suhaimi Ismail
EAROPH MALAYSIA
President - Norliza Hashim
JOBPIC
(Joint Building Planning
Committee)
President - Norliza Hashim
COMMONWEALTH ASSOCIATION
OF PLANNERS
Dato’ Mohd Fadzil b Hj Mohd Khir
Norliza Hashim
Siti Nor Azmi
Shariah bt
Che Lah
Fara Dilla bt
Haridatul Akhmar
Kamaruddin bin
Selamat Din
Hurun Ain
NAPSEC
Norliza Hashim
Tuan Haji Mohd Nazri Jaffar
Ihsan Zainal Mokhtar
BERITA PERANCANG
EDITORIAL
Contents
• President’s Message
• Editorial / Planning Blogs
• MIP Excellence Awards 2005 : An Overview
• Planning & the Law : Delay and Mala Fide as
Grounds for Challenging Land Acquisition
• Balancing Ecology and Development
• Land Use Planning & Environment Protection in
Malaysia
• MIP Calendar of Events
• United Nations Human Development Report 2005
• The S-Dev Geneva 05 - International Platform on
Sustainable Urban Development
• Risk Management in Human Settlements - EAROPH
Regional Seminar, Jogjakarta
• Campus News
• What-If Planning Support System in Kuching
President’s Message (Contd. from Page 1)
This is even more important now, with the Government’s
pressure to commit and open up the urban planning
markets in line with various commitments made under
World Trade Organization (WTO), Asean Free
Arrangement on Services (AFAS) and bi-lateral trade
arrangements made with several identified countries. We
shall be facing a new challenge, where foreign consultants
will soon be competing with us locally. Thus we must be
prepared to compete with them at home ground and more
importantly we must take the opportunity to explore other
markets globally. We need to export our services and to do
so we have to ensure that we are ready and we need to
improve our skills. Thus I hope all of us will continue to
improve our professional development as well as ensure
that we practise according to the regulations. Several round
tables will soon be initiated to deliberate on these issues
and prepare members for globalization. I hope you will
attend such meetings when invited as in the past years
round table dialogues have very little response, where we
see only 10-15 people coming. Many have been
lackadaisical and not treat this as a serious issue. My only
regret will be when findings and inputs from such
consultation is not representative of everyone’s view and
any decision made by Council based on such inputs are
being questioned by the other members. Thus I urge all of
you to participate when invited as the future of your practice
depends on it.
We have much to look for in the coming 1st year, as the
Council has laid out various programs and activities. These
would include Public Lectures, the National Planning
Convention as well as the Planning Excellence Award
Dinner in conjunction with World Town Planning Day
celebration, we shall also be organizing a technical tour to
Jakarta (preferably end 2005/early 2006) and to Vancouver
for the World Planners Congress (June 2006). There will
also be the Bowling, Golf and SUKNA to name a few of the
sporting activities and most importantly the launch of MIP’s
new office, which will be completed this December.
Definitely we will keep you posted, just look out for our
mails and more importantly please participate.
Lastly, I would like to take this opportunity to wish all our
Hindu members Happy Deepavali, and to all our Muslim
members, Selamat Hari Raya. Thank You.
Norliza Hashim
President
BERITA PERANCANG
S
elamat Hari Raya Aidil Fitri & Happy Deepavali to all
our members and I hope everyone arrived home
safely after the week-long break!
Congratulations too to all the newly
elected MIP Council members,
helmed by the new President,
Puan Norliza Hashim.
We also have a new team for the
Research and Publication
Committee headed by Dr Alias
Abdullah, and an expanded
Editorial team for the 2005/2007
session. Thank you to those who
volunteered to help in Berita Perancang.
As we approach the New Year, we also have a new
Young Planners Committee headed by Md Nazri Mohd
Noordin and a Pro-tem Committee for MIP Sabah set up
(see reports in the next issue). The Board of Town Planners
also has a new line up of members. To round it all up, we
have a new look Berita Perancang but with the same old
Chief Editor (unfortunately?).
This issue is also packed with some new columns and
articles which we hope you will enjoy reading. We have
such an enterprising and hardworking Advisor in Dr Alias.
We received so many articles that we had to embargo
some of them for the next issue. Thank you to all the
contributors.
This issue commemorates the World Town Planning Day
2005 and the National Convention entitled "Planning
Towards Liveable Cities" organised jointly by JPBD,
Persatuan Pegawai Perancang Bandar & Desa and MIP.
Recipients of the MIP Excellence Awards 2005 will also be
announced during the World Town Planning Day 2005
Dinner to be held in conjunction with the National
Convention.
Lastly, I take this opportunity to also wish Merry Christmas
and a Happy New Year to everyone.
~ Ishak Ariffin ~ Chief Editor
Berita PERANCANG is published by the Publication
Committee of the Malaysian Institute of Planners.
All communication should be addressed to:
Berita Perancang
Malaysian Institute of Planners
No 51M Jalan SS 21/56B, Damansara Utama,
47400 Petaling Jaya
Tel
: 03-77287272
Fax : 03-77286545
E-mail : beritaperancang@myjaring.net / beritaperancang@gmail.com
Website : http://www.mip.org.my
Views expressed in this Newsletter do not necessarily represent
those of the Malaysian Institute of Planners
3
4
BLOG PERANCANGAN (PLANNING BLOGS)
by
ePlanner
planning-blogs-by-the-eplanner
2/10/05
"Katrina" jam on Interstate has a
no Q jumpers? Why aah?
Did you see the pictures of the
vehicles queuing on the freeway in
Houston trying to escape hurricane
Katrina? If the scene was from our
North-South Expressway, you'd most
likely see seven lanes of traffic on
one side of the carriageway instead
of three. Like it or not, we have to
admit that a lot of Malaysian are selfcentred recalcitrant behind the
wheel.
30/9/05
More ugly neighbours!
I think the architect and the owner of
the house next door are self-centred
bigots who like to live on a pedestal
in a deserted island. The new owners
bought the semi-D property and
decided to renovate it. Unfortunately
the architect has no sense of
harmony or continuity or conformity
or scale. They are also unneighbourly. Yes, the ubiquitous
great wall of the garden also came
up. Shouldn’t a major work like this
require planning permission? It is
strange that the plans were approved
by DBKL without consultation with
the immediate neighbours. In the UK
I can easily get the Courts to order
the garden wall be torn down for
obstructing my morning sunlight.
29/9/05
We (Malaysians) are bad drivers
Let's admit it - Malaysians are simply
horrible & irresponsible drivers. We
are simply very rude behind the
wheels. Now we have resorted to
ramming into the policemen who try
to stop us! Two such cases reported
in Subang Jaya and Kelantan last
July. No amount of traffic engineering
& traffic management can make our
roads safe until we change our
mindset. We are just a bunch of
hypocrites. Period.
15/9/05
STP is our future raw water supply
Don't laugh but it won't be long
before our Sewage Treatment Plant
(STP) becomes our main source of
raw water at the rate we are polluting
our rivers and destroying water
catchments. It is now cheaper to
treat wastewater discharged from
sewage treatment plant than from
our rivers for our daily water
consumption. In other words, the
water in our rivers are dirtier than the
ones discharged by our STP.
12/9/05
Kawasan "Kemudahan Awam/
Rekreasi/Golf"
Is a golf course a public area? I think
it is erroneous to include golf courses
in a category that include public open
spaces. It gives a misleading picture
of the ratio of open spaces to
population level because golf
courses in this country are not
accessible to persons without
membership of the golf club that
operates the golf courses.
10/9/05
Begging
How much money do you give away
on a Sunday morning trip to the
market?
Blind
men,
agency
collecting fund for Makna/WWF etc.,
surau construction fund, orphanage
construction fund, a man raising fund
for son's university fees (I bumped
into this one at TTDI market car
park), ...
What is our welfare department
doing nowadays? There seem to be
a proliferation of 'beggars', both
organised and individuals.
3/9/05
Terraced housing layout
Hands up those who honestly think
the terraced housing layout is really
ideal? I just cannot figure out why we
still think we need service roads that
runs parallel to the main road. From
residential areas built in the early
1980s to the present, we still keep
the same layout configuration
despite creating awkward and
hazardous junctions, and in extreme
cases, traffic congestion. A current
trend is the residents fencing up their
backlanes,
thereby
making
backlanes totally inaccessible and
redundant. Isn't it time we do serious
review of the terrace housing layout
and the planning standards?
1/9/05
Did we ever teach our bus and taxi
drivers to stop in the lay-by?
We should not put poor people in
high-rise buildings before they learn
how to live in one! It's a sure recipe
for disaster. Squatters relocation
programme should include a "highrise living" orientation course. Now,
do you still wonder why bus and taxi
drivers don't stop in the lay-by?
The bus driver that give way..?
Why was I surprised when the stage
bus driver gave way to let me out of
the junction at Jalan TAR today? It
was a the notorious Metrobus ...!!!
20/8/05
Highway interchange design what is the convention?
Highway engineers take note:
ingress and egress from any
highways should be from slow lanes
on the left, not the fast lanes. Period.
6/8/05
Airpark: a new way to utilise
under-utilised airports?
I don’t know if we have enough
millionaires with private jets to make
this work but this could be another
bird-brain idea that someone might
take up one day. We can give new
lease of life to underutilised airports
in Ipoh, Pangkor, Batu Berendam
and even Subang. Or give a reason
for Perlis to have an airport?
28/7/05
Have You Tried Using The Putra
Line Between 8am & 9am On
Weekdays?
Changing your routine could make
you notice a lot of things, as I did
BERITA PERANCANG
5
BLOG PERANCANGAN (PLANNING BLOGS)
by
ePlanner
planning-blogs-by-the-eplanner
when attending the CLGF Forum
from 12 -14 July 2005 at Crown
Princess Hotel. As I usually plan my
route before leaving my Shah Alam
base, I had the choice of the NKVE
or the Federal Highway or the NPE,
and then going through the city
centre, or taking the MRR. All of
them sounded scary. So, I decided
on the LRT. I thought it could be fun,
as well as helping to reduce the
traffic jam in the city.
I had my spouse drop me off at the
Kerinchi Station to catch Putraline to
Ampang Park. As I was approaching
the station I could see a number of
trains passing through the station at
short intervals. My first impression
was Putra has done a good job to
help
alleviate
the
public
transportation problem. Unfortunately
I was wrong - I couldn’t even
squeeze myself into any of the
overcrowded trains. Although the
train arrived every 4 minutes, there
were only two coaches each. So I
waited for another train, and then
another, until my patience ran out. I
decided to force myself into the next
train, not caring about what the other
passengers think of me then!
The biggest passenger load came
from the KL Sentral. The KTM
Komuter’s
commuters.
My
goodness! The queues were miles
long. At the same time I am proud to
say that Malaysians have acquired
that civilised culture. Most of the
passengers get off at Masjid Jamek,
KLCC and Ampang Park stations.
The experience brought me a big
question mark, “Didn’t DBKL or the
owner of the Putra Line anticipate
this problem before?”. Probably
they’ll need another LRT line,
because during peak hours the sole
Putra line cannot cope with the
current load, what more of the
future. I must say that I enjoyed
BERITA PERANCANG
those 3 days of commuting. I felt as
though I’m a Londoner utilising the
park and ride system (but there is
plenty of room for improvements).
18/7/05
Even the cleaning lady knows!
The quality of service provided by
different organisations can be
gauged by how well their security
guards are trained to provide
customer information. But Standard
Chartered Bank superseded them all
when even its cleaning lady can help
customers to make cheque deposits
through the ATMs! Compare that to
some agencies where even their
officers manning the customer
service counters can’t help you.
17/7/05
Indiscriminate road closures &
diversions
Local authorities should impose a
charge on any party, whether it be a
private contractor or government
agency, for closing any road space.
We have heard one complaint too
many about this. The worst had
been a road rage case in July
between a twin cab pick-up and a
Honda Accord which caused a
multiple collision on Karak Highway.
All because of one impatient driver
and another equally impatient one,
going through the highway which is
perpetually under repair in many
parts. We have
laws that we can
Guess
use to impose this
charge, otherwise
we
have
to
introduce
new
ones. If contractors
were charged for
the amount of road
space they close
per day, l am sure
there will be less
closed road space
used as storage
areas ;-}
10/7/05
Pride in the job
"Myself and other drivers in London
have an important job and we are
going to continue to do that as best
as we can. We are going to continue
our normal lives...", said George
Psarabakis, 50, driver of the
unfortunate bus #30, Stagecoach
London Bus, a day after his bus was
blown up at Tavistock Square and
Woburn Place junction at 9.47am on
7/7/05. That’s why the bus service is
better there.
22/06/05
Motorcycles on KL-PJ Federal
Highway
Why are there motorcycles on the
Federal Highway Route I in PJ/KL
when there are motorcycle lanes
alongside it? Whatever happened to
the rule restricting motorcycles from
using the Federal Highway Route I
and Jalan Syed Putra? It seems that
the rules were relaxed because the
motorcycle lanes were obstructed
during the construction of Pantai
Expressway and Jalan Klang Lama
interchanges near Mid Valley City.
Now that the bike lanes have been
restored there are still a lot of
motorcyclists going into the highway.
Do we need another human sacrifice
before the relevant authorities take
the appropriate action to restore
order?
what building this is?
Tesco Store, Belfast, Northern Ireland.
Photo courtesy of Dr Mohd Naim Yunus
6
MIP EXCELLENCE AWARDS
MIP EXCELLENCE
AWARDS 2005 :
An Overview
by Ihsan Zainal Mokhtar
This year’s entries for the MIP Excellence Awards are very
exciting as there are entries for all five categories. The
entries are of high quality and the entrants came well
prepared to stake their claim in their presentation. We look
at all the entrants as winners, in a way, as their participation
augurs well for the profession and the industry.
The panel of judges had a tough time deliberating the
entries as most of them had met the minimum criteria set
for each category. We also felt that there were some entries
that would have done better in another category.
The panel of judges represented the public sector,
practising planners and academicians. Unfortunately there
were last minute withdrawals by some judges that we
ended up with a smaller number than we had intended
since there was no time to find replacements. It was unfair
to reschedule the presentations by the entrants to
accommodate the judges’ itinerary as some of them had
come from as far north as Perlis and as far south as Johor!
A total of 16 entries were received for the five categories,
an average of three entries per category. The panel sat for
two whole days on the 27th and 28th of October 2005,
reviewing the presentation. Most of the entrants were
represented by a complete team (town planner, developer
and other supporting professions) but there were cases
where the town planner was absent. This is rather
disappointing, as this is an award for Town Planning
excellence! The Town Planner is expected to be fully
involved to take charge in presenting the ideas that has
been generated by his team. For this we have to give due
recognition to the planners who were present and gave a
good account of themselves.
The results shall be officially announced during the World
Town Planning Day 2005 Dinner and Awards Night on 17th
November 2005. We shall give a comprehensive summary
of the winning entries in the next issue of Berita Perancang.
For the first category (Planning Scholar Award) there were
some very good ideas presented, setting the right direction
in research areas that will enrich the profession in the long
term. However, none of the entries were judged as
“outstanding contribution to the understanding of issues in
Town Planning“ - a key criteria for this category. Impressive
in ideas and have the potential to be winners. However, we
are awarding for excellence, not potential.
For the second category (Planning Innovation Award) the
winner must set a new standard for design, practicality and
ideas, outside the norm and “outside the box”! Challenging
the conventional yet implementable, something which
planners and developers will adopt for the next decade or
so. There were some great ideas but most of them were
unfortunately translated into proposals that contradict
planning principles for walk-ability, public transport, public
space and access, community interaction, footprints and
sustainability, to name a few. There is no winner for this
category.
The third category was the most difficult for the panel of
judges. All the entries had strengths in different areas of
Redevelopment, Conservation and Rehabilitation. But the
winners (yes there are two winners!) were judged
outstanding and excellent because they persevered against
all odds over a period of time and successfully implemented
their respective proposals. They proved that commitment
and dedication do make a difference.
The fourth category (Rural Planning) was difficult to judge
as the “current rural planning practice had not been clearly
defined”. It was judged that the entries did not subscribe to
rural planning theme. The Institute may need to refine its
criteria for Rural Planning. The panel of judges could not
agree on a winner for this category.
Finally, the township development award, which comprises
two sub-categories, yielded only one winner! The judges
were of the view that the planner had successfully guided
the developer in a truly professional manner and the
emerging township benefited from the translated ideas.
This was obvious from the layout design in the first phase
of the project. The panel felt that despite some initial
difficulties faced by the developer, the good layout planning
will create an excellent township.
After two full days reviewing the 16 entries and many more
hours of deliberating the submissions, there are some
important observations made. Firstly, there are many young
planners who are making excellent strides in the
profession, both in physical design and research. They are
involved, confident, committed and most importantly, have
a good grasp of what is required to push for excellence in
town planning. However, there are others who need to
show greater commitment to the job at hand, to improve
their communication skills, to increase their understanding
of the law and the statutory framework they work in. They
should learn from their mistakes. The objective of these
awards is to reward excellence; therefore, being good is not
good enough for an excellence award.
Advance congratulations for the winners and I hope you will
strive harder and continue to lead the profession by
example.
May we all strive for excellence!
Ihsan Zainal Mokhtar is the Chairman of MIP Professional
Practice Committee and the principal of IZM Consult based
in Shah Alam.
BERITA PERANCANG
MIP Welcomes the
following New Members
NEWS FROM THE MIP SECRETARIAT
7
GRADUATE MEMBERS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
En. Mohd Jonid b. Md. Noor
En. Arshad b. Razali
Cik Yusrina bt. Mohamad Yusof
En. Mohd Yazid b. Mahmod
Cik Shuhaidah bt Md. Noor
En. Misbakhul Hadi b. Zuhri
En. Fong Wee Kean
Pn. Annie Syazrin bt. Ismail
En. Tengku Aris b. Tengku Ab. Aziz
Cik Fu Swee Yun
Cik Tan Sook Fern
En. Mohd Zafaruddin bin Razali
Cik Atkah Salwa Bt Bahrom
CORPORATE MEMBERS
1.
2.
3.
En. Victor Lai Wee Peng
502/2005
En. Ahmed Tariq b. Datuk Aripen503/2005
En. Ismail b. Ibrahim
504/2005
CONSULTANT FIRMS
1.
PC/C-136/05
2.
PC/C-137/05
Focus Architects & Urban
Planners Sdn. Bhd.
Siraz Consult Sdn. Bhd.
A matter of interpretation . . . .
November 2005
11
MIP 4th Council Meeting
17-18
Konvensyen Kebangsaan Sempena Hari Perancangan Bandar
Sedunia 2005 Rennaissance Hotel, Kuala Lumpur, 8:30am
17
MIP Planning Excellence Awards & World Town Planning
Day Dinner 2005, 7.30pm
21-22
National Planning Seminar 2005: Sustainable Landuse
Development. Shah Alam
23
Tea Talk 9 Talk Incentives and Filing Tax Return - organized by
PSDC , 4:00pm
24-25
International Seminar on Asset Management. Kuala Lumpur,
www.geocities.com/asset_management_community/
28
Malaysia Toray Science Foundation (MTSF)Invitation to MTSF
12th Prize Presentation Ceremony, 10:00am
28
Sambutan Minggu Alam Sekitar Malaysia Peringkat
Kebangasaan di Padang MPK 1, Jln Mahkota, Kuantan, 8:30am
28-30
International Symposium on Knowledge Cities. Al-Madina AlMunawara.
www.araburban.com/AUDI/English/Right_en/01Conferences_en/
December 2005
02
MIP 5th Council Meeting
15-16
Taklimat Pemahaman Perancangan Wilayah Dalam Konteks
Akta 172
12-13
International Conference on Construction & Real Estate
Management (ICCREM 2005) - The Challenge of Innovation organized by School of Housing, Building and Planning, USM
12-13
National Seminar on Land Use & Development, Land
Transaction, Laws & Project Management in Malaysiaorganized by Asia Land Seminar
January 2006
12-13
First Asia Pacific Conference for ESRI Users. Hong Kong.
www.esrichina-hk.com/apuc2006
February 2006
04-06
Delhi Sustainable Development Summit. New Delhi.
www.teriin.org/dsds/2006/index.htm
27-3.3 2006 World Congress. Capetown. www.iclei.org
Wise Sayings
You must stop assuming that a
thing which has never been done
before probably cannot be done
at all - Donald M. Nelson
You can’t solve a problem with
the same kind of thinking that
created it - Albert Einstein.
Contributed by FARIS
BERITA PERANCANG
March 2006
07-08
2nd National Professional Service Conference 2005, - Marketing :
The Way Forward in Going Global, Legend Hotel, Kuala Lumpur
09-10
Asia GIS 2006 International Conference. Skudai.
www.utm.my/asiagis
April 2006
25-27
2nd International Conference of the Arab Society for Computer
Aided Architectural Design. UAE. www.ascaad.org
May 2006
15-17
25th Urban Data Management Symposium. Aalborg. www.udms.net
18-20
World Forum : Cities and Quality of Life. Geneva.
www.qualitedevie.org/qualite/tiki-index.php
June 2006
17-20
World Planners Congress 2006. Vancouver. www.wpc2006.com
19-23
World Urban Forum. Vancouver. www.unhabitat.org/wuf/2006/
September 2006
05-07
Brownfield Asia 2006. Kuala Lumpur. www.iem.org.my/brownfieldasia
PLANNING & THE LAW
8
DELAY AND MALA
FIDE As Grounds for
Challenging
Land Acquisition
Article 13 Federal Constitution
Your rights to the land are protected by the Federal
Constitution. Under Article 13, it is provided that alienated
land cannot be compulsorily acquired or used unless there
is a specific law authorizing it, and that law must provide
adequate compensation.
In Peninsular Malaysia, that specific law is the Land
by Salleh Buang Acquisition Act 1960, in force since October 13, 1960. As
Dr. Salleh Buang is a former Deputy Dean, Faculty of Law,
International Islamic University, author of many authoritative
property related books and articles including the Malaysian
Torren System, Land Acquisition and Law on Housing
Developers. He has a weekly column in Utusan Malaysia, New
Straits Times and MASSA. He can be contacted at
sallehbuang@hotmail.com.
If you are the registered owner of a piece of land in this
country, the National Land Code 1965 confers on you a
bundle of rights commonly referred to as “indefeasibility of
title”.1 In simple terms, what this means is that your rights
to the land are beyond question.2 The extent or scope of
your rights to the land, however, depends on the express3
and implied4 conditions affecting the land, and any
restrictions in interest (if any) affecting the land.5
With indefeasibility, you also enjoy the right of exclusive
use and possession of the air space above your land and
the land below the surface, and the right of support of your
land in its natural state by an adjacent land. These rights
are spelt out in section 44 of the Code.
With indefeasibility also, you enjoy rights to enter into
“dealings” - unless these are prevented by restrictions in
interest or encumbrances (like charges or caveats) on your
land. Dealings which are recognized under the Code are
transfers, leases and tenancies, charges and liens and
easements. Apart from these Torrens dealings, you can
also enter into other dealings recognized under customary
law (such as jual janji) and under Islamic law (such as
hibah).
But indefeasibility must not be mistaken as permanency.
Your rights to the land will come to abrupt end of the
happening of any of the following circumstances - if you fail
to pay the annual quit rent, if you are in breach of any of
the express or implied conditions, if you surrender back the
land to the State Authority, or if the State Authority
compulsorily acquires your land.
In other jurisdictions, compulsory acquisition of private
land is known by different names.6
1
2
3
4
5
6
7
8
for adequate compensation, that is guaranteed under the
First Schedule to the Act, which defines in great detail the
meaning of “market value”.
In essence, if any land acquisition proceeding is carried out
in contravention of the 1960 Act or the letter and spirit of
Article 13, it can (and will) be challenged. Over the years,
as we read the growing body of case law, we came across
various grounds raised by land owners.
Success varied from case to case, depending on the facts
of each case and the ability of the land owners to convince
the courts that relief should be given to them.
Delay in the proceedings
Inordinate delay was quite rampant amongst some State
Authorities before the Land Acquisition Act 1960 was
revamped in the 80s. Prior to that amendment in 1984,
there was no specific time frame for a compulsory land
acquisition proceeding to be completed.7 As a result, there
were several cases of inordinate delay by the relevant
authorities - delay in holding the inquiry, resulting in delay
in making the Award, and finally delay in making payment
of the compensation.
In Pemungut Hasil Tanah Daerah Barat Daya Pulau
Pinang v. Ong Gaik Khoo8, there was a delay of 7 years
between the date of the declaration under section 8 of the
1960 Act and the holding of the inquiry under section 10.
The Federal Court declared the land acquisition
proceeding as null and void. The court remarked that the
longer the delay in making the award the greater the
injustice to the deprived landowner. The effect of the delay
in that case was that the owner was awarded in 1981 the
market price of the land prevailing in 1974.
Salleh Abas CJ (Malaya) (as he then was) explained “Every exercise of statutory power must not only be in
conformity with the express words of the statute but
above all must also comply with certain implied legal
requirements. The court has always viewed its exercise
as an abuse and therefore treats it as illegal where the
Section 340(1).
Unless there are vitiating circumstances which will render your title defeasible; see section 340(2).
Section 120.
Sections 115 (for agricultural land), 116 (for building land) and 117 (for industrial land).
See sections 104 and 105.
In US, it is referred to as “taking”. In Sarawak, it is referred to as “resumption”; see Part IV of the Sarawak Land Code.
After the amendment, land acquisition in Peninsular Malaysia under the Act must be completed within 3 years.
[1983] 2 MLJ 35.
BERITA PERANCANG
PLANNING & THE LAW
exercise is done for an inadmissible purpose or on
irrelevant grounds or without regard to relevant
consideration or with gross unreasonableness . . . It is
true that section 10 of the Act does not prescribe the time
within which the inquiry into the compensation must be
held but looking at the Act as a whole no one could deny
that the proceedings under the Act are meant to be in
continuous motion so that no such interruption or such
undue delay or stoppage as to amount to an
abandonment of the acquisition could be regarded as
within this motion …”(Emphasis added)
Salleh Abas then referred to section 38 of the
Interpretation and General Clauses Ordinance 1948
which provides that where no time is prescribed or
allowed within which anything shall be done, such thing
shall be done with all convenient speed and as often as
the prescribed occasion arises. He continued “What then is the “convenient speed”? In our view, it
must be “as soon as possible” or “within a reasonable
time”, and not “as late as possible”. Obviously what
amounts to convenient speed must vary from case to
case and in our judgment seven years delay is certainly
not a convenient speed as it is so far outside the normal
period of time that no reasonable authority could even
regard it as reasonable. That being the case the court is
entitled to strike down the impugned acquisition
proceeding as illegal”. (Emphasis added).
Delay in paying compensation
Article 13 of the Federal Constitution categorically states
that the deprived landowner must be paid “adequate
compensation” if his land has been compulsorily acquired.
The Federal Court decision in Ong Gaik Khoo above
clearly shows that an award made by the authorities in
1981, but on the basis of a valuation in 1974, can never
adequately compensate the deprived owner. It is common
knowledge that property prices escalate through the years,
never remaining stagnant.
The Federal Court emphasized in that case that the
Collector9 must always keep in view the interests of not
only the State Authority but also the interests of the
deprived landowners. Failure to do so, “resulting in the
diminution of their interests” will amount to “an abuse of
power, which entitles the land owners concerned to an
order for certiorari”.10
The Federal Court further held that the delay in holding the
enquiry, 7 years after the declaration of acquisition, had
resulted “in an inadequate compensation” for the deprived
landowner and this “brings the inquiry and the award
outside the purview and scope of the Act.”
9
10
11
12
13
Collectors of Land Revenue are now called Land Administrators.
[1983] 2 MLJ 35, at p. 38.
[1986] 1 MLJ 362.
[1986] 1 MLJ 362, at p. 365.
[1979] 1 MLJ 49
BERITA PERANCANG
Consequently, the court added “Such delay tantamounts to an abuse of power and
renders the inquiry and subsequent proceedings null and
void. We therefore agree with the learned Judicial
Commissioner’s conclusion that an order of certiorari
should be issued to quash the acquisition proceedings.”
Three years later, in the subsequent case of Pemungut
Hasil Tanah Daerah Barat Daya Pulau Pinang v. Kam Gin
Paik & Ors11, where there was a similar delay of 7 years
before the enquiry was held, the Privy Council held, citing
with approval the earlier decision of the Federal Court in
Ong Gaik Khoo, that the delay “had the effect” of making
the proceeding “in contravention of the statutory
requirements and did not constitute a valid exercise of
power.”12
The Privy Council emphasized that a “valid award was a
prerequisite” for the Land Administrator to take possession
of the acquired land. Since there was no valid award in the
instant case, the Privy Council held the Land Administrator
was “not entitled to do so and is therefore under a duty to
restore possession” of the land to the land owner.
The Privy Council, however, noted that the Government
Proceedings Ordinance 1956 precludes such an order to
restore possession being made against the Government.
What the court could (and should) do was to declare that
the deprived landowners (the respondents in the case)
were entitled as against the Land Administrator (the
appellants) to possession of the land.
Mala fide
Mala fide means bad faith. It is the opposite of bona fide,
good faith. Mala fide is more than just malice, spite or ill.
The following selected cases illustrate the meaning of the
term as well as the difficulty in proving them. Difficult, but
not impossible.
In Syed Omar bin Abdul Rahman Taha Alsagoff & Anor v.
The Government of the State of Johore13, the appellants’
land, measuring 5,700 acres, had been compulsorily
acquired by the Government of Johor. However,
documents later showed that only 2,000 acres were
required for the Pasir Gudang Port project. The remaining
3,700 acres were marked somewhat vaguely as being
required for some “special purposes”. The appellants
challenged the validity of the acquisition, alleging mala
fide.
They failed at the High Court, the Federal Court, as well as
at the Privy Council.
Delivering the decision of the Privy Council rejecting the
appeal, Viscount Dilhorne said -
9
PLANNING & THE LAW
10
“The appellants in this appeal contended that the
proceedings were null and void as they say their lands
were acquired for purposes other than those for which the
respondent was empowered under the Act to acquire
them…
The Act imposes no obligation on the acquiring authority
to produce a plan for inspection which shows how the
land to be acquired is to be zoned…
Section 8(3) … provides that the Declaration shall be
conclusive evidence that all the scheduled land is
needed for the purpose specified therein. While it may be
possible to treat a Declaration made . . . as a nullity if it
be shown that the acquiring authority has misconstrued
its statutory powers . . . or that the purpose stated in the
Declaration does not come within section 3, in the
absence of bad faith, which in the instant case is
negatived by concurrent findings of fact in the courts
below, this sub-section renders it not possible to
challenge the validity by asserting that some of the land
to which it relates is not needed by the purposes stated
or that the land is in fact wanted for purposes other than
those specified. Consequently, the fact that the lands
listed in the Schedule amounted to some 5,700 acres
when the total area of the State Development Officer’s
original requirement was 2,000 acres does not help the
appellants, nor can it really be contended that the
purposes stated in the Declaration do not come within
section 3.” (Emphasis added)
Although the Privy Council dismissed the landowner’s
challenge, it did acknowledge that an acquisition
proceeding can be successfully challenged if mala fide
(bad faith) can be proved.
Syed Omar’s case once again reiterated the principle,
established earlier in Yeap Seok Pen v. Government of
Kelantan14 that mere suspicion is not enough. In that case,
which came from Kelantan, Lord Griffiths held that “bad
faith is an exceedingly serious allegation to make and she
who makes it has a heavy burden to discharge the onus of
proving it”.
It is indeed regrettable that in Syed Omar’s case, the Privy
Council did not (failed to) refer to its own earlier decision in
Municipal Council of Sydney v. Campbell & Ors15. In that
earlier case from Australia, the appellants were
empowered by law to acquire land for making or extending
streets as well as for carrying out “improvements in or
remodeling any portion of the city”. They had acquired the
respondents’ land to extend Martin Place, an important
thoroughfare in the centre of Sydney. The respondents
challenged the acquisition. In the course of the trial, the
respondents admitted that “no plan of improvement or
remodeling was at any time before the Council…”
In its judgment in favour of the respondents, the Privy
14
15
[1986] 1 MLJ 449
[1925] AC 338.
16
17
Council noted “No plan for improvement or remodeling was at any time
decided upon; and, indeed, no such plan was ever
considered by or proposed by the Council …
Their Lordships think it not reasonably disputed that at
the time of the passing of the resolution in June, the
Council conceived it to be within its powers to resume
lands not needed for the extension itself, but solely for
the purpose of appropriating the betterments arising from
the extension…
A body such as the Municipal Council of Sydney,
authorized to take land compulsorily for specified
purposes, will not be permitted to exercise its powers for
different purposes, and if it attempts to do so, the Courts
will interfere”.
The Privy Council, however, remarked that “Where the
proceedings of the Council are attacked upon this ground,
the party impeaching these proceedings must, of course,
prove that the Council, though professing to exercise its
powers for the statutory purpose, is in fact employing them
in furtherance of some ulterior object”.
Looking back on Syed Omar and the Sydney case, both
decisions of the Privy Council which are binding on
Malaysian courts, the law can be summarized as follows (1) A compulsory acquisition proceeding can be
challenged on the grounds of mala fide, provided
there are cogent evidence to prove it. The onus of
proof is on the party alleging mala fide.
(2) The absence of any plan for the acquired land is an
indication of bad faith, although whether it is
sufficient to convince the court is a separate matter.
(3) If the acquiring authority did actually acquire the land
for some other (or improper) purpose, “the Court will
interfere”.
Unconscionable or unmeritorious conduct
In the recent case of Stamford Holdings Sdn Bhd v.
Kerajaan Negeri Johor & Ors17, the appellants’ land,
measuring 6,600 acres were compulsorily acquired by the
Government of Johor The appellants challenged the
acquisition, claiming it as an unconstitutional means of
depriving them of their property. They also alleged that the
acquisition was outside the ambit of section 3 of the Land
Acquisition Act 1960.
The facts of the case, as alleged by the appellants, showed
that various people in high places as well as politicallyconnected personalities were somehow involved. The
appellants’ statement of claim was, however, struck out by
the High Court on the ground that there was no cause of
action. Against that decision, the appellants appealed to
the Court of Appeal.
[1925] AC 338, at p. 343.
[1998] 1 MLJ 607.
BERITA PERANCANG
PLANNING & THE LAW
What is peculiar about this case is that the respondents
failed to file their defence to the appellants’ statement of
claim. It was argued on behalf of the respondents that the
declaration under section 14 of the 1960 Act cannot be
challenged in any way. Section 14 states that “Every award
… shall be final and conclusive evidence of the area of any
scheduled land, of its value … and of the apportionment of
the compensation awarded …”
In its decision allowing the landowners’ appeal, the Court
of Appeal cited with approval the Privy Council decision in
Syed Omar that it is still possible to challenge an
acquisition if it can be shown that the acquiring authority
had “misconstrued its powers” or that it had acted in “bad
faith”.
The Court of Appeal accordingly held that “On the strength
of these authorities and in the light of the allegations in the
statement of claim, we have no alternative except to agree
with the learned appellants’ contention that, in the
circumstances of this case, the acquisition proceedings
may be challenged on the ground of mala fide or bad faith.”
The Court of Appeal also observed that the acquisition
proceedings in this case “had deprived the appellant of its
legitimate expectation of profit from the development of the
aforesaid 6,600 acres of land. These proceedings had in
fact deprived the appellant of its property which could have
been at least sold with a profit if the property had not been
acquired - even assuming that the first respondent would
never have approved their application for development”.
In the concluding part of its judgment, the Court of Appeal
said that “The facts as stated in the statement of claim … clearly
show the unconscionable or unmeritorious conduct of
the respondents. At least those facts are, in the absence
of any defence filed, assumed true, stand unrebutted
and would constitute a good cause of action against the
respondents. As such, the respondents’ application
should not have been granted by the High Court.”
Pursuant to the judgment of the Court of Appeal, the case
must go to full trial on the merits of the appellants’ claim.
However, it later transpired that the two parties had agreed
to an amicable settlement of RM405 million, which was
duly recorded as a consent Judgment in chambers by
Zainun J.
The lesson we learn from Stamford’s case is that if there is
evidence to back up the challenge, a landowner can raise
unconscionable or unmeritorious conduct of the part of the
acquiring authority as one of the grounds for rendering the
acquisition null and void.
Summary
Based on existing case-law, some of which had been
highlighted above, a landowner wishing to challenge the
BERITA PERANCANG
validity of an acquisition proceeding on the grounds of
inordinate delay or mala fide can cite the following –
A. Principles derived from Ong Gaik Khee:
(i) inordinate delay, if proved, will make the acquisition
illegal, grossly unreasonable;
(ii) inordinate delay, if proved to have caused “diminution of
interests”, will amount to “an abuse of power” and a
ground for certiorari;
(iii)inordinate delay, if proved to have caused the
compensation to become “inadequate”, will bring the
inquiry and the award outside the scope of the law;
(iv)inordinate delay is “an abuse of power”, rendering the
acquisition proceedings “null and void”;
B. Principles derived from Kam Gin Paik:
(i) inordinate delay had “contravened statutory
requirements”, making the acquisition not a “valid
exercise of power”;
(ii) if the acquisition is not a valid exercise of power, no
valid award had been made; if no valid award had been
made, no possession can be made; state must “restore
possession”;
C. Principles derived from Syed Omar:
(i) mala fide, if it can be proved, will render the acquisition
null and void;
(ii) mala fide is difficult (but not impossible) to prove, and
onus of proof is on the party who alleges;
D. Principles derived from Municipal Council of Sydney:
(i) the absence of any plan to carry out stated purpose of
acquisition is evidence of mala fide;
(ii) if land acquired was used for a different (improper)
purpose, that is evidence of mala fide.
E. Principles derived from Stamford Holding:
(i) it is possible to challenge an acquisition proceeding if it
can be shown that the acquiring authority had
“misconstrued its powers” or that it had acted in “bad
faith”;
(ii) any unconscionable or unmeritorious conduct on the
part of the acquiring authority, if proven, is evidence of
mala fide.
When challenging an acquisition proceeding, landowners
usually apply for certiorari. If the challenge is successful,
certiorari will be issued by the court to quash the
acquisition. Such initial setbacks do not, however, mean
that the State Authority cannot embark on a fresh
acquisition exercise - except that by this time, the market
price of the acquired land will be much higher, due to the
passage of time.
Apart from certiorari, deprived landowners also apply for a
declaration. In Kam Gin Paik above, the court explained
that under the Government Proceedings Ordinance, an
order cannot be made against the State Authority to
restore possession to the landowners. In such a case, the
appropriate remedy is declaration.
11
12
FEATURE
Viewpoint, New Straits Times
BALANCING
ECOLOGY
AND DEVELOPMENT
by Nik Hanita Nik Mohamad
Nik Hanita Nik Mohamad is an ecologist who lectures in the
Department of Landscape Architecture of Universiti Teknologi
Mara. She can be contacted at nhanita@salam.uitm.edu.my
However, human civilization has led a large impact on the
environment; in our own time, we have reshaped a large
part of earth’s surface with concrete in our cities to
accommodate housing for the urban population. These
changes, have, until recently, been relatively trivial factors
in the global ecological system. Indeed, it was always safe
to assume that nothing we did or could do would have any
lasting effect on the global environment. But, it is precisely
that assumption which has brought about the catastrophe
that appears right at our doorstep. It is precisely that
assumption that now must be discarded so that we can
think strategically about our relationship to the environment.
We cannot treat the earth and environment as something
separate from human civilization; we are part of the whole
system and looking at it ultimately means also looking at
I read with great interest the furore over
land development on a forest area of
1,200 ha on the northern fringe of
Taman Pertanian Bukit Cahaya Seri
Alam. There are so many distressing
images of the environmental destruction
that is taking place and the ecological
encroachment into the park, so much so
that it seems impossible to know how to
absorb or comprehend.
As a lecturer committed to educating
landscape architectural students in
Land Use Ecology and Land Law and
Implementation, I discovered that the
current issue provides many interesting
facets for discussions as a case study.
Besides bridging the theories of
ecological studies and the practical realities of human
intervention of the natural system, I realize that this issue
highlights the need for environmental ethics to be an
integral element in good governance practice! In this light,
I must acknowledge my appreciation to the media for
bringing the issue to the public attention, least not for the
benefits of academic discourse.
This issue has captured the national interest and it had
been discussed, debated and deliberated by the land law
experts, consultants, NGOs and the academicians.
However, I will approach the discussion from an ecological
viewpoint and analyze the inter-relatedness of the issues
as a whole system and not fragmented pieces of a puzzle.
The ecological perspective begins with a view of the whole
system and understanding various ecosystems interact in
patterns that tend towards balance and persist over time.
The most basic premise of understanding ecology is that
the natural environment including forests, water
catchments, grasslands, wetlands and the water bodies
are connected to one another as one system, which cannot
be treated as separate entities. The cyclic movement of
nutrients and energy flow through the system helps to
maintain a delicate equilibrium to ensure a continuing
sustainable environment.
ourselves. And if we do not see that the human part of
nature has an increasingly powerful influence over the
whole of nature, then we will not be able to see how
dangerously we are threatening to push earth out of
balance.
Senator Al-Gore (never mind his dinner etiquette!) inspired
me through his book, ‘Earth In The Balance’ where he uses
the metaphor of a dysfunctional family to show how human
civilization must heel itself-psychologically and spirituallybefore we can heel our ailing environment. Convinced that
human civilization have brought us to the brink of
catastrophe, he argues that only a radical rethinking of our
relationship to nature can save the earth’s ecology for
future generations.
Ecology sounds so fashionable in the modern world that
we are living in. Not only limited to the forest or the seabed,
ecology is now portrayed to market a certain popular
vacuum cleaner product as well as an effective marketing
tool for housing themes! I am an optimist and would like to
believe that it is used responsibly and the property
promoters really ‘walk their talk’ and not merely as a
gimmick for promotion. Needless to say, the public is now
embracing the concept of ecology. However, it is the Bukit
Cahaya Seri Alam Park issue that really elevated ecology
to the stardom status.
BERITA PERANCANG
BALANCING ECOLOGY & DEVELOPMENT
It is worth noting that
the
controversial
development is not
the sole instance of
land
and
environmental
mismanagement. It
is documented that
almost one-fourth of
the protected areas
in
Peninsular
Malaysia have been
lost to development,
logging
and
agricultural
activities. The total
protected
areas,
consisting of wildlife
sanctuaries, State
parks, wetlands and
Taman Negara are
gazetted
under
Federal and State
laws could have
exceeded
one
million hectares if
the sites had not
been disturbed or
degazette by the
State governments.
It may surprise most
of us to know that as
in 2003, only 3 out of
80 green lungs in
Petaling Jaya have
been gazetted whilst
the task to preserve Cameron Highlands is prove to be
tough when there is only 52% of the highlands are
gazetted as forest reserve.
The environmental devastation that took place in the 1,200
ha area under development in the northern fringe of the
park surpassed other reported cases of land
mismanagement by the merit of the scale of the land
clearing and the ecological impacts
on the environment. Consider this;
1. A portion of land clearance works was carried out
without the planning permission approval from the local
council. This mean felling of many invaluable plant
species including rare, endangered and heritage trees,
which are not uncommonly found, in forest reserve.
These invaluable species are protected from being
felled by unscrupulous developers or individuals by
provisions in Tree Preservation Order (TPO). The Town
and Country Planning Act (1976) was amended in 1995
to include provisions on protection on existing
landscape including Tree Preservation Order and
ensuring provisions of open space as part of new
developments. Under Tree Preservation Order, the
felling of trees with trunk more than 15cm is prohibited
and requires written approval from the local council.
BERITA PERANCANG
2. Assuming that the planning permission was obtained by
the other developers on the basis that they have
complied with the requirements of the planning process,
what assurance do the public have that the local
councils have adhered to the other requirements, for
instance Development Proposal Report stipulated
under the same Act for all development works larger
than 5 acres. This report requires the neighboring land
uses be given serious considerations to ensure
compatibility of land uses and that no encroachment or
disturbances to the neighboring land uses. Bearing in
mind that in this case, the neighbor is the State
Agriculture Park envisaged to being the world’s largest
agro-forest by 2007!
3. The flattening of hills
The land clearing activities carried out include hill
cutting and hill slopes having a gradient of more than 35
degree are not allowed for any types of development, at
all cost. Can we seriously believe that ‘officials at
IKRAM and the Mineral and Geoscience Department
are saddled with their own workload and thus, not
much communication among agencies and the local
council’ ?
4. Absence of buffer zones between the area being
cleared and the park. Any landscape architecture
undergraduate would attest that a buffer zone need to
be provided for any proposed development on land
which are subjected to different land use adjacently.
The rationale for the buffer zone is to soften or slow the
impacts of development on the adjacent land uses.
The absence of buffer zones further compounded the
environmental destruction on site and ecological
encroachment into the park vicinity. The ecological effects
were already well-documented in Utusan Malaysia in its
issue on 6 February 2005 and it can be further categorized
as follows;
1. Destruction of wildlife habitats and significantly reducing
the biodiversity of the flora and fauna. The damage is
visibly seen at the Tropical Fruit Orchard, Orchid farm
and Vegetable farm.
2. Surface run-off, loss of invaluable top soil layer and
siltation resulting in declining water quality, eutrophic
lakes and loss of fish and other aquatic species. The
park has episodes of flash floods common to the
Culture Village and Sg. Baru dam.
Although ecological encroachment into the park was only
reported in the past one month, the actual damage to Bukit
Cahaya Seri Alam Agriculture Park had taken place since
2003 . The Culture Village was flooded up to 8 metre high
where water scaled the roof of the model houses.
People outside the ecological fraternity will have a different
understanding of the ecological perspective. This is
evidenced from the perception that the massive land
clearance on the 1,200 ha of land and the adjacent Bukit
Cahaya Seri Alam Agriculture Park are two separate
issues altogether and should be viewed and treated
differently. Instead of being enlightened on the
13
14
BALANCING ECOLOGY & DEVELOPMENT
environmental devastation, the public are now taken to
task for failing to understand and separate the two issues!
The issue highlighted by the media was on ecological
encroachment to the park. This was supported by visuals
and personal visits to the site.
Here, ecological
encroachment doesn’t equate physical encroachment.
There may not be any squatters setting up homes in the
park, however, the ecological encroachment brought on by
the massive land clearance activities adjacent to the park
is testimonial evidence of the ecological destruction taking
place. Although the park and the adjacent 1,200 ha piece
of land are different titles and therefore, belong to different
land owners, however, the basic premise of ecology still
stand and they are all in one system and cannot be
considered as separate entities.
It has been established that the delicate balance between
ecology and development had been tilted. However, It
must be acknowledged that there is genuine concern for
environmental protection and conservation of natural
resources by the Federal government. Malaysia, to its
credit, can boast of its development legislation and policies
which are highly sensitive to environmental issues.
There was a wave of environmental legislation and policies
for environmental protection and conservation of natural
resources, even before independence.
Land use
planning,, in Peninsular Malaysia is undertaken wholly
within the provision of Town and Country Planning Act
(1976), Act 172 and it’s amendments in 1995. The
legislation provides for a comprehensive framework for the
integrated approach to planning for the use, development
and conservation of land and related resources.
The Act was further amended in 1995 to take into account
matters such as the preservation of natural topography,
preservation of trees, the creation of open space and
provision for EIA as a tool for development control. The
government has also drawn up guidelines for Development
Proposal Report, Tree Preservation Order, Protection of
Natural Topography and Conservation of Historical Areas.
Malaysia’s land policies are environmentally sensitive but
implementation needs to be tightened. Clearly there is a
disparity between good intention of the Federal and
State governments and bad practice by the various
government agencies and the people with authority.
The question to be asked is how to incorporate the
ecological framework into the big sphere of politics of
development? To be able to incorporate ecological
framework into the existing sphere, we first need to
comprehend the complexities of local politics, the degree
of societal consensus about planning issues, the capacity
and commitment of the staff and leadership of local
councils and other authorities, the interaction and
enforcement style between developers and planning
agencies and least not, the genuine commitment by the
policy makers to place ecological considerations as a
prime determinant in the development process.
The ecological framework calls for an integration between
the built environment disciplines with the natural science
disciplines. The built environment professionals such as
architects, urban planners, landscape architects, land
surveyors and civil engineers; and other allied
professionals and the natural scientists like ecologists,
botanists, zoologist and geologists should have the
common intention and share the responsibility to heal the
ailing environment. They can then merge their intellectual
and professional know how into a more holistic approach
to development.
The natural science disciplines are especially valuable
because it explains the carrying and loading capacity or
the limit of each land resources and it provides the built
environment professionals with the understanding of the
limit of the land for the proposed uses. They can aid in our
understanding of environmental stresses from global to
local levels and in the selection of land uses most
compatible with the environment.
The expertise of the natural scientists should be tapped at
the early preliminary stage namely, the technical planning
stage of development. This involves environmental
inventories and analysis of the soil types, plant
associations, microclimates, floodplains, land uses, water
features, slopes as well as wetlands, valued habitats, and
rare and endangered species.
It also includes
assessments of impacts that proposed land uses may
have on the environment by use of quantitative and
scientific methods which are more objective and not
intuition-based. The ecological sensitivity of land must be
made the prime determinants in evaluating the suitability of
proposed development during decision-making process.
Presently, we do have Environmental Impact Assessment
report that is used as a planning tool for the authorities to
evaluate proposed developments. However there are
many loopholes in the assessment itself whereby detailed
and comprehensive ecosystem assessment where the
biotic components including plants, animals and
microorganisms are lacking. Again the question of
expertise, resources and commitment has affected the
agency’s capacity to implement the policy.
Last but not least, quality of life is maintained and
sustained when man can live in perfect harmony with the
Mother Nature, when he is willing and able to take care of
the environment, which will in turn take care of him. Seen
from this perspective, have we maintained our quality of
life and have we taken care of our environment or have we
become Mother Nature’s worst enemy?
Nik Hanita bte Nik Mohamad
A regular subscriber to New Straits Times and ecologist
who lectures in the Department of Landscape Architecture,
Universiti Teknologi MARA. The writer can be contacted at
nhanita@salam.uitm.edu.my
BERITA PERANCANG
FEATURE
LAND USE PLANNING AND
ENVIRONMENTAL PROTECTION
IN MALAYSIA
by Ainul Jaria Bt. Maidin*
Land planning system was very much influenced by
engineering and architectural factors to suit the problems
and meet the demands of the needs of urban planning
initially.1 However, with the progress of the society, the
central role of the land planning process started to change,
as it became more and more complex in nature. This was
perhaps due to the intensity of a certain development
activity that required determining issues relating to
location, size and patterns of land utilisation.2
The Town and Country Planning Act 1976 provides that the
local planning authority must consider measures for the
improvement of the environment and the management of
traffic.3 The local planning authority is also required to have
regard to the existing policies in respect of environmental
protection of the state and the nation.4 The public
participation avenues in the planning process provide
opportunity for the public to ensure incorporation of
environmental protection measures.5 This is achieved by
ensuring that the report of survey undertaken by the local
planning authority is publicised. The local planning
authority is required to consider every representation
made, and incorporate the same into the plan, if they
reflect the aspiration of the community and good planning
principles. Further, the local planning authority in preparing
the detailed planning schemes or layout plans follow a
series of planning standards and design guidelines such
as public open spaces provision, car parking space, buffer
zones and greening of development sites. These
standards are aimed at creating a convenient, safe and
pleasant urban environment with adequate community
facilities and public utilities. This shows the extent to which
sound land use planning and the environment is given
priority by the Malaysian government.
Planning law can assume an important role in delivering
environmental protection as it is primarily concerned with
the orderly management of change, which is
fundamentally political in nature, providing a framework
within which various issues can be weighed against each
other.6 Since land use planning may undoubtedly touch on
numerous aspects of human life, it goes without saying
that such control and management of the land would be
expected to reflect not only the socio-economic aspirations
of the community but also to ensure that societal, ethical
and moral aspects of land utilisation are not neglected. The
role of the planning authority is, therefore, to provide a
* Assistant Professor, Public Law Department, Ahmad Ibrahim
Kulliyyah of Laws, International Islamic University, Malaysia LL.B
(Hons.) (IIUM); Master in Comparative Laws (IIUM); Ph.D (UWA,
UK); Advocate and Solicitor, High Court of Malaya.
1
Goh, B.L., "Import of Urban Planning into Malaysia" in Urban
Planning in Malaysia, History Assumptions and Issues, (Petaling
Jaya Malaysia, Tempo Publishing,1991) Chapter Three generally.
2
Bell, S.& McGillivray, D., Ball & Bell on Environmental Law,
5th.ed.(Great Britain, Blackstone Press Ltd., 2000) p.293; For
general discussion on aspects of the role of the planning law in
promoting environmental protection see McEldowney,
J.F.&McEldowney, S.,Environment and the Law, (UK, Longman,
1997) p.103; Aspects of Britain - Planning, (London, HMSO
Publications Centre, 1992) p.1; Wolf, S. and White, E.,
Environmental Law, (Great Britain, Cavendish Publishing Ltd.,1995)
BERITA PERANCANG
Dr. Ainul Jaria Maidin is an Assistant Professor in Public Law
Department of Ahmad Ibrahim Kulliyyah of Laws, International
Islamic University and an Advocate & Solicitor, High Court of
Malaya. She can be contacted at ainulj@iiu.edu.my.
general, though calculated, framework within which
various socio-economic as well as political issues and
values could be balanced. The local planning authority
upon which the planning powers are vested is an elected
body where ultimate power is with elected members and
therefore, has greater legitimacy in terms of making a
balanced policy decision to allow or refuse a development.
It must be mentioned at the outset that the planning system
is not and cannot be the only method to protect the
environment. However, no one can disagree with the fact
that the process can assume an important role in
promoting environmental protection wherein information
relating to environmental impacts of a development can be
considered in the planning decision making process. This
system has contributed significantly to the protection and
enhancement of the built environment of all towns and
villages throughout Malaysia.7
An organised land use system also can offer opportunities
to anticipate and forestall environmental harm by refusing
development consent or by separating incompatible land
uses. This necessarily leads us to the fact that the land
planning system is principally a system of anticipatory
control of various land use patterns whereby the controlling
authority will not grant any approval for a development
activity if adverse impact on the surrounding environment
is envisaged.8 However, the extent to which planning
controls can be used to intervene further to prevent
environmental harm remain limited as the land planning
process itself is not always able to assess the impact of
planning activity on the environment as well as on the
probable victims of such activity since it is mainly
concerned with location and siting of a development
project. This is because planning law is reactive and
managerial rather than protective.9 Thus, most countries,
including Malaysia, have adopted the new perspective of
town planning which encompasses all the disciplines
mentioned above in order to develop a sustainable
development system, which will be able to meet both the
demands for comfortable human habitation as well as
environmental conservation.10
3
4
5
6
7
8
9
10
at p.334. Franklin, D., et.al., Pollution in the UK.,(London, Sweet
and Maxwell, 1995) p.3.
S 8(3)(a) of the Town and Country Planning Act 1976.
S 8(4)(a) of the Town and Country Planning Act 1976.
S 9(1) of the Town and Country Planning Act 1976.
Ibid.
Zainuddin Mohammed, “Key Issues in Environmental Planning in
Malaysia,” Federal Department of Town and Country Planning,
Ministry of Housing and Local Government, (Unpublished, 1995) p.1.
Kadouf, H.A., & Ainul Jaria Maidin, “Theory and Practice in Land
Use Planning in Malaysia: An Overview,” paper presented at the
National Seminar on, “The Legal Regime of Sustainable Land Use
and Environmental Development: Policies and Trends,” 9th August
2003, Banquet Hall International Islamic University, Malaysia.
Hughes, D., Environmental Law, (UK, Butterworths, 1996) at p.151.
Ibid.
15
16
CALENDAR OF EVENTS
JUNE 2005
3
Majlis Bandaraya Melaka - Persembahan Kebudayaan Sempena
Minggu Kebudayaan Melaka - Jiangsu Venue : Auditorium Taman
Budaya. Time : 8.00 mlm
7
JPBD - Mesyuarat Jawantankuasa Peyelarasan Hari Perancangan
Bandar Sedunia bil 2/2005
Venue : Bilik Mesyrt Tanjung. Time : 9.30 pg
8
BIM - Publication, Information & Comm. Committee Meeting
2004/2005 Venue : BIM Board Room. Time : 5.00 pm
10 BIM - Finance Working Committee Meeting (1)/2004/2005
Venue : Board Room BIM. Time : 5.30 pm - 6.30 pm
13 PAM - Design in American Oak Venue : Hilton Kuala Lumpur.
16 JPBD (HQ) - Ceramah Petunjuk Pembagunan Mampan bagi
Menyelaras Pelan Pembagunan oleh Emeritus Prof Dr Peter J.
Peterson. Venue : Bilik Mesyuarat, Tingkat 18, JPBD Selangor.
21 ISM - Opening Ceremony of the 7th Surveyor’s Congress
Venue : Selangor 1 & 2, Sheraton Subang. Time : 9.00 am
22 BIPC - Building Industry President’s Council Meeting
Venue REHDA Secretariat. Time : 2.30 pm
22-23 FCIC - International Symposium on Leveraging the Latest ICT
Techniques in Enhancing the Competitiveness of Consulting Firms
Venue : Putrajaya International Convention Center
23 JPBD - Mesyuarat Jawatankuasa Pakar Kajian Garis Panduan
Pengangkutan Mapan Dalam Konteks Guna Tanah
Venue : Bilik Mesyuarat Tanjung. Time : 2.15 ptg
25 PAM - CPD Seminar 2005, Construction Procument Management
System and the Architects Venue : PAM Southern Chapter.
25 PAM - TAK Projects, A Board Perspective- PAM CPD_
Venue : Function Room, PAM Centre. Time : 10 am - 12.30 pm
25 INTAN - INTAN EXECUTIVE TALK- Integrity, Ethics and Morality
Venue : Dewan Sri Baiduri. Time 10.00 pg - 12.00 tgh
29 PSDC - Seminar on ‘Presentation Skills for Professionals - Clinching
Contracts Via Effective Presentations’ Venue : Function Room 1,
Level 4, PNB Darby Park. Time : 8.15 am - 5 pm
29 BIM - Board of Management Meeting
Venue : Board Room BIM. Time : 5.30 pm - 7.30 pm
JULY
1
JPBD - Majlis Perasmian Seranta & Bantahan Awam
Venue : Dewan Perdana, Hotel Grand Blue Wave. Time 9.30 pagi
2
PAM - Digital Surveillance Today, the Present, the Future and the
Capabilities it offers Venue : PAM Centre. Time 9.00 am - 12.30 pm
4
BIM - Meeting for Editorial Board of Professional Bulletin 3rd Quarter
2005 Venue : BIM Secretariat, Meeting Room. Time : 5.00 pm
5-6 REHDA - National Real Estate Convention 2005
Venue Nikko Hotel Kuala Lumpur. Time : 9.00 am
7
Jabatan Alam Sekitar - Penganugerahan ‘Bandar Lestari- Anugerah
Alam Sekitar’ 2003/2004’ Venue : Hotel Marriot, Putrajaya.
9
UMNO _ Konvesyen Melayu Bandar
Venue : Hotel Grand Blue Wave, Shah Alam. Time : 8.00 pagi
13 JPBD - Mesyuarat Pertandingan Kejohanan Liga Bowling 10 Pin MIP
2005 Venue : Bilik Mesyuarat Melati (Ibu Pejabat JPBD). Time 3.00 pm
14 PSDC - Meeting on Goals and Service Tax with Professional
Venue : PSDC Board Room.
16 JPBD - Pertandingan Kejohanan Liga Bowling 10 Pin dan Bowling VIP
MIP 2005
Venue : Level 3, Golden Ten Pin Bowl. Time : 4.00 ptg
23 BIM - Professional Evening with Dinner Venue : Legend Hotel.
BIM - 32nd Annual General Meeting 2004/2005
Venue : Meeting Room, Legend Hotel.
25-30 INTAN - Kursus Kepimpinan dan Pengurusan Organisasi Venue :
INTAN Bukit Kiara, Kuala Lumpur. Time : 8.30 am
24-26 JPBD - Mesyuarat Pegawai Kanan JPBD Semenanjung Malaysia Kali
ke-19 Venue : Pulau Pinang
25 JPBD - Majlis Pelancaran Rancangan Fizikal Negara
Venue : Shangri-La Hotel, Pulau Pinang. Time : 9.00 pagi - 1.00 ptg
26 JPBD - Pelaksanaan Tech - In E-Agenda 21 Selangor
Venue : MIMOS Berhad. Time : 2.30 ptg - 4.30 ptg
27 INTAN -INTAN Executive Talk (The Malaysian Economy : Looking
Ahead) Venue : Dewan Bankuet 1. Time : 2.30 ptg - 4.30 ptg
28
PSDC - Tea Talk Credit Insurance - for Export of Professional Services
Venue : Bilik Gerakan, Level 6. Time : 3.00 pm - 5.00 pm
30
MIP - 33rd Annual general Meeting Venue : Sheraton Hotel Subang.
27
Veterinary Association M’sia - VAM Annual and 17th Congress Dinner
Venue : Palm Garden Hotel, Putrajaya. Time : 7.30 pm
AUGUST
2-3
MDTCA - National Consumer Convention Venue : Istana Hotel.
3
JPBD - Majlis Dialog Draf Rancangan Struktur Negeri Selangor 2020
Venue : Classic Ballroom, Holiday Villa Subang. Time : 9.0 am
9
Kementerian Pengajian Tinggi - Mesy Membincangkan Deraf Alam
Bina Venue : Bilik Mesyuarat, Aras 4. Time : 2.30 ptg
11
ACEM - Seminar on Special Structures
11
BIM _ Meeting of the Board of Management
Venue : Boardroom, BIM Secretariat. Time : 5.30 pm - 6.30 pm
12
IIUM - Public Lecture “History of Islamic Capital Market”
Venue : IIUM. Time : 9.00 am - 12.30 pm
Venue : Equatorial Hotel
12-13 PAM - The Unparalleled Eye Celebrating the Singular Vision
Venue : Nikko Hotel. Time : 8.00 pm
12
MIP - 1st Council Meeting 2005/2007 Venue : MIP Secretariat.
15
JPBD - Mesyuarat JK Penyelarasan Hari Perancangan Bandar
Sedunia Venue : Bilik Mesyuarat Tingkat 20. Time : 2.30pm
17
DBKL - Majlis Penyerahan Jalur Gemilang Venue : Ruang Legar
Bangunan DBKL. Time : 8.30 pm
18
UKM - Majlis Syarahan Pemikiran Bangi
Venue : Bilik Senat, UKM Bangi. Time : 10.30 am
22-23 UPM - National Workshop on Tsunami & Earthquake Hazard
Mitigation Venue : Shangri-La Hotel Penang. Time : 9.00 am
22
MIP - Seminar on Sustainable Development Towards Energy - Efficient
Townships Venue : Holiday Villa Subang Time : 9.00 am
23
Jabatan Alam Sekitar - Persidangan Wanita dan Alam Sekitar 2005
Venue : Bangunan Puspanitapuri Time 8.15 am - 5.00 pm
24 - 26 Persatuan Pengurusan Kompleks (PKK) M’sia - Asian Convention of
Shopping Centres 2005 Venue : Sunway Lagoon Resort Hotel.
25 - 26 JKPTG - Kajian Berkumpulan Penggubalan Dasar Tanah Negara
Venue : Royal Adelphi. Time : 8.30 am
25
PSDC - Seminar on Financial Literacy for Non- Finance Professional
Venue PNB Darby Park. Time : 8.30 am - 5.00 pm
29
BIM - Meeting for Publication, Information & Communication
Committee 2005/2006 Venue : BIM Secretariat. Time : 5.00 pm
30
Kerajaan M;sia - Perayaan Ambang Merdeka
Venue Dataran Merdeka. Time : 9.00 pm
SEPTEMBER
1
BIM _ Meeting of the Board of Management
Venue : Secretariat BIM. Time : 530 pm - 7.30 pm
3-
PAM - CPD Seminar 2005 (Housing Development Act (Control and
Licensing) Venue : PAM Centre. Time 9.00 am - 12.30 pm
3
PAM - Paints, Paints Problems Venue : Sarawak Chamber Crown
Plaza Hotel. Time : 9.00 am - 5.30 pm
5-9
UPM - Value Engineering Training Workshop
Venue : Shangri-La Hotel Putrajaya
8
DBKL - Pelan Tempatan Kuala Lumpur Venue : Dewan Megapuri.
8
PSDC - Merketing Professional Services Seminar Venue : PWTC.
5
JPBD - Mesyuarat Jawatankuasa Teknikal
Venue : Dewan Sri Endah, Putrajaya. Time : 9.00 pg - 5.00 ptg
10
PAM - Commercial Refrigeration Cooling Technology : The Application,
Monitoring & Controlling System Venue : PAM Centre.
17
PAM - Historical Building Conservation, Treatment and its Application
to Current Construction Venue : PAM Sarawak Chapter.
11-14 USM - 8th International Asian Planning School Association (APSA)
Venue : Grand Plaza Park Royal. Time : 9.30 pm
12-13 CIBD - Intregrity Forum on Construction Sector
Venue : Institute of Integrity, Malaysia
12
BIM - Meeting for Editorial Board of Professional Bulletin
Venue : BIM Secretariat. Time : 5.00 pm
15
Jabatan Landskap Negara - Prog Menanam Pokok Bunga Raya
Venue : Taman Botani, Putrajaya
BERITA PERANCANG
CALENDAR OF EVENTS
15-16 CIBD - International Construction Conference Annual
Dinner Venue ; KL Convention Centre. Time : 9.0 am
16 REHDA - 35th Anniversary Dinner Venue : Grand
Putrajaya Ballroom, Putrajaya Marriott Hotel. :7pm
17 PAM - Annual Dinner 2005 Venue : Grand
Ballroom, KL Convention Centre. Time 7.30 pm
18-22 INTA - 1st Biennialon Urban and Regional
Development, Morocco Venue : Tangiet - Tetuan Morocco
19-20 EAROPH - Earoph Regional Seminar Venue : Jogjakarta, Indonesia
20 PSDC - 1st National Advising Panel Meeting 2005
Venue : Bilik Gerakan, Kem Kerja Raya. Time 2.30 pm - 5.00 pm
20-21 UTM - Seminar Kebangsaan Perancangan Bandar & Wilayah ke 23
Venue : UTM Skudai. Time : 9.00 am
22-MIP - One Day Planning Seminar - The Essentials of a Project Manager
Venue : Hotel Sri Petaling. Time 9.00 am
22 PSDC - Seminar on Value Management & Value Engineering
Venue : Function Room 2, Level 4, PNB Darby Park.
23 REHDA - MAPEX 2005
Venue : Mid Valley Exhibition Centre. Time : 11.00 am
24 MIP (Northern Branch) Seminar ‘Planning Approval’
Venue : The Gurney Resort Hotel, Penang. Time 2.30 pm
23-24 Malaysia Crime Prevention Foundation - Persidangan Pencegahan
Jenayah Peringkat Kebangsaan Tahun 2005 Venue : Ballroom,
Crown Princess Hotel. Time 9.00 am -5.00 pm
26 JPBD - Export Talk (MASMA) Isu Berkaitan Dgn Pengairan & Saliran &
Perlaksanaan MASMA Venue : Dewan KR Soma, Wisma Tun
Sambanthan. Time 8.00 am - 1.00 pm
28 ACEM - Fidic Contracts Training Seminar Venue : Equatorial Hotel
29- Jabatan Alam Sekitar - Program Hari Bersama Pelanggan
Venue : Aras Lobi, Jab Alam Sekitar, Putrajaya.
OCTOBER
1
UMNO - Seminar Minda Merdeka Venue : Dewan Tun Razak PWTC.
3
Earoph - World Habitat Day Conference
Venue : Berjaya Times Square Hotel & Convention Centre, K Lumpur
3
PSDC - Tea Talk The Role of Professional Bodies in incalculating Good
Corporate Governance Venue : Board Room, PSDC.
6
PSDC - Meeting on National Professional Services Conference 2005
Venue : Board Room PSDC. Time : 2.30 pm
18 MACRO STRUCTURE - RFN (Taklimat & Perbincangan, Perlaksanaan
RFN) Venue : Hotel Sri Petaling. Time: 8.30 am - 1.00 pm
20-21 Asian Strategy & Leadership Institute - National Property & Housing
Conference 2005
Venue : Sunway Lagoon Resort Hotel. Time : 9.00 am
11 Jabatan Landskap Negara - Mesyuarat Pakar Dasar Landskap Negara
Venue : Bilik Gerakan Tingkat 7, KPKT
13 INTAN - Ceramah ‘INTAN Executive Talk’ Negotiation in Global Arena :
Lessons from Past Experiences Venue : Dewan Sri Baiduri
19 Kementerian Perumahan & Kerajaan Tempatan - Majlis Berbuka Puasa
Venue : Bunga Rooms. Hotel Pan Pacific. Time : 6.30 pm
18 JPBD - Mesy Jawatankuasa Penyelarasan Hari Perancang Bandar
Sedunia Venue : Bilik Mesyuarat Melati. Time : 9.00 am
25 JPBD - Mesy Jawankuasa Peyelarasan Hari Perancang Bandar
Venue : Bilik Mesyuarat Perancangan Wilayah Tingkat 22
28 JPBD- Wawancara KP dan Presiden MIP
Venue : Bilik Mesyuarat Tingkat 20, PPKL. Time : 9.30 am
12-13 British Council - Education UK 2005 Postgraduate Fair
Venue : Kuala Lumpur Convention Centre. Time : 1.00 pm - 7.00 pm
15-16 PSDC - National Professional Services Conference 2005
Venue : The Legend Hotel, KL
23 PSDC - Tea Talk : Tax Incentives And Filing Tax Returns For Export of
Professional Services
Venue : Bilik Gerakan, Level 6, Kompleks Kerja Raya. Time : 4.00 pm
28 Jabatan Alam Sekitar - Majlis Pelancaran Sambutan Minggu Alam
Sekitar Malaysia 2005 (Peringkat Kebangsaan)
Venue : Padang MPK 1, Jalan Mahkota, Pahang. Time : 8.30 am
28 MTSF - 12th Prize Presentation Ceremony Venue : Nikko Hotel.
29-30 Asian Strategy & Leadership - 2nd National Utilities Summit 2005
Venue : Carlton Conference Centre, Jalan Imbi, KL
BERITA PERANCANG
World Town
Planning Day 2005
by Muhammad Faris
Abdullah
World Town Planning Day
is being celebrated on 8
November each year in
many countries, including
Malaysia. Founded in 1949
by the late Professor
Carlos Maria della Paolera
of the University of
Buenos Aires, the World
Town Planning Day
celebration aims at
advancing public and
professional interest in
planning, both locally and
overseas.
The celebration of World Town Planning Day in Malaysia
began in 1988. Each year, the event is being celebrated
with a different theme that reflects the current issues in
town planning. This year, the theme is ‘PLANNING
TOWARDS LIVEABLE CITIES’.
In conjunction with World Town Planning Day 2005, a
national convention will be held at the Renaissance Kuala
Lumpur Hotel from 17th to 18th of November. Jointly
organised by the Department of Town and Country
Planning Peninsular Malaysia, Persatuan Pegawai
Perancang Bandar dan Desa Malaysia, and Malaysian
Institute of Planners, the two-day convention includes
events such as presentation of working papers by
distinguished speakers from local and abroad, and a dinner
with the YB Minister of Housing and Local Government.
For further information on the Convention, contact the
Secretariat at the Department of Town and Country
Planning Peninsular Malaysia.
Tentative Programme
16/11/05
2pm-7pm Registration of participants at Renaissance
Hotel, KL
17/11/05 (8:45am - 5:00pm)
Hari Pertama Konvensyen HPBS 2005 :
PLANNING TOWARDS LIVEABLE CITIES
9:00am Arrival of YAB Prime Minister Dato’ Seri
Abdullah Ahmad Badawi
9.25am Perasmian Sambutan HPBS 2005 by YAB PM
Dato’ Seri Abdullah Ahmad Badawi
8.00pm Majlis Makan Malam HPBS 2005 bersama
YB Menteri Perumahan & Kerajaan Tempatan
18/11/05 (8:30am - 12:30pm)
Hari Kedua Konvensyen HPBS 2005 :
PLANNING TOWARDS LIVEABLE CITIES
12.20pm Upacara Penutup oleh YB Menteri Perumahan
& Kerajaan Tempatan
17
18
ROUND-UP
UNITED NATIONS HUMAN
DEVELOPMENT REPORT 2005
On 8 September 2005, UNDP (United Nations Development Programme) had launched UNDP’s Human Development
Report 2005: “International cooperation at a crossroads: Aid, trade and security in an equal world”. It was attended by
more than 200 invited guests and launched by YB. Datuk Seri Mohd Nazri Abdul Aziz, the Minister in the Prime Minister’s
Department at Le Meridian Hotel, Kuala Lumpur. Some of the important contents of the report include the release of
human development index by states in Malaysia. Kuala Lumpur is the highest with 0.861 and followed by Pulau Pinang
(0.828), Selangor (0.817), Terengganu (0.807) and Melaka (0.804). The detail report is as follows :
Progress and Challenges of Human Development in Malaysia (by state)
Reports on trends and patterns in key dimensions of human development are presented below for each
of Malaysia's 13 states. Each report in graphic format has been prepared by UNDP using official
national data sources and includes demographic, economic, social, health and environmental
variables.
Reports are currently available for the nine states of Kedah, Kelantan, Melaka, Perak, Pulau Pinang,
Selangor, Terengganu, Johor, Negeri Sembilan, Pahang and Sarawak. Those for other states are being
prepared. For further information, contact registry.my@undp.org
For details visit : www.undp.org.my/Human_development_Malaysia.asp
Country Fact Sheets
MALAYSIA
The Human Development Index – going beyond income
The human development index (HDI) focuses on three measurable dimensions of human development: living a long and healthy life,
being educated and having a decent standard of living. Thus it combines measures of life expectancy, school enrolment, literacy and
income to allow a broader view of a country’s development than does income alone.
Although the HDI is a useful starting point, it is important to remember that the concept of human development is much broader and more
complex than any summary measure can capture, even when supplemented by other indices. The HDI is not a comprehensive measure.
It does not include important aspects of human development, notably the ability to participate in the decisions that affect one’s life and to
enjoy the respect of others in the community.
It is also important to note that the HDI is constructed using data from international sources. Sometimes more up-to-date data are
available nationally, and sometimes there are slight differences in definitions between international and national data. For these and other
reasons, discrepancies with national sources may occur.
* higher means better on HDI
Malaysia
Best performer in East Asia & the Pacific
(Hong Kong, China (SAR))
Worst performer in East Asia & the Pacific
(Timor-Leste)
HDI rank
GDP per capita rank
2003
2003
(177 countries)
(177 countries)
GDP per capita (PPP
GDP per
US$) rank
capita value
minus
(PPP US$)
HDI rank*
2003
HDI value
2003
61
58
-3
9,512
0.796
22
17
-5
27,179
0.916
140
162
22
..
0.513
Malaysia is ranked 61st in the 2005 Human Development Report, with an HDI value of 0.796.
Hong Kong, China (SAR) ranks first in the region, with a value of 0.916.
BERITA PERANCANG
ROUND-UP
Life expectancy at birth
(years)
2003
1.
2.
3.
55.
56.
57.
58.
177.
Combined primary, secondary
and tertiary gross enrolment ratio (%)
2002/2003
Japan (82.0)
Hong Kong, China (SAR) (81.6)
Iceland (80.7)
Libyan Arab Jamahiriya (73.6)
Syrian Arab Republic (73.3)
Tunisia (73.3)
Malaysia (73.2)
Swaziland (32.5)
1.
2.
3.
98.
99.
100.
101.
173.
GDP per capita
(PPP US$)
2003
1.
2.
3.
55.
56.
57.
58.
170.
United Kingdom (123)
Australia (116)
Belgium (114)
Mauritius (71)
Georgia (71)
Colombia (71)
Malaysia (71)
Niger (21)
Luxembourg (62,298)
Ireland (37,738)
Norway (37,670)
Latvia (10,270)
Seychelles (10,232)
Costa Rica (9,606)
Malaysia (9,512)
Sierra Leone (548)
Human poverty in Malaysia : focusing on the most deprived in multiple dimensions of poverty
The HDI measures the average progress of a country in human development. Human Development Report 1997
introduced the human poverty index (HPI), which focuses on the proportion of people below a threshold level in basic
dimensions of human development - living a long and healthy life, having access to education, and a decent standard of
living, much as the poverty headcount measures the proportion of people below a certain income level. The HPI-1
measures human poverty in developing countries.
The HPI-1 value for Malaysia, 8.9%, ranks 16th among 103 developing countries for which the index has been calculated.
HPI-1 rank
(103 countries)
16
6
81
1
103
Malaysia
Best performer in East Asia & the Pacific (Singapore)
Worst performer in East Asia & the Pacific (Cambodia)
Best performer in the world (Uruguay)
Worst performer in the world (Niger)
HP-1value
(%)
8.9
6.3
41.3
3.6
64.4
Building the capabilities of women
GDI rank
(140 countries)
Malaysia
Best performer in East Asia & the Pacific (Hong Kong, China (SAR))
Worst performer in East Asia & the Pacific (Papua New Guinea)
Best performer in the world (Norway)
Worst performer in the world (Niger)
50
22
103
1
140
GDI value
0.791
0.912
0.518
0.960
0.271
HDI rank
minus
GDI rank
0
0
2
0
2
HDI value
0.796
0.916
0.523
0.963
0.281
The HDI measures average achievements in a country, but it does not incorporate the degree of gender imbalance in
these achievements. The gender-related development index (GDI), introduced in Human Development Report 1995,
measures achievements in the same dimensions using the same indicators as the HDI but captures inequalities in
achievement between women and men. It is simply the HDI adjusted downward for gender inequality. The greater the
gender disparity in basic human development, the lower is a country's GDI relative to its HDI.
• The GDI value for Malaysia ranks 50th, with a value of 0.791.
The gender empowerment measure (GEM) reveals whether women take an active part in economic and political life. It
focuses on gender inequality in key areas of economic and political participation and decision-making. It tracks the share
of seats in parliament held by women; of female legislators, senior officials and managers; and of female professional and
technical workers- and the gender disparity in earned income, reflecting economic independence. Differing from the GDI,
the GEM exposes inequality in opportunities in selected areas.
• The GEM value for Malaysia ranks 51st.
• Women hold 13.1% of parliamentary seats, and make up 40% of professional and technical workers. 23% of
administrators and managers are women.
Seats in parliament
held by women
(% of total)
Female administrators
and managers
(% of total)
1. Rwanda (45.3)
2. Sweden (45.3)
3. Norway (38.2)
82. Antigua & Barbuda (13.9)
83. Jamaica (13.6)
84. Gambia (13.2)
85. Malaysia (13.1)
162. Yemen (0.3)
Female professional
and technical workers
(% of total)
1. Philippines (58.1)
2. Fiji (50.6)
3. Tanzania, U. Rep. of (49.1)
62. Mexico (25.3)
63. Swaziland (24.1)
64. Chile (23.8)
65. Malaysia (23.2)
85. Pakistan (2.4)
1.
2.
3.
63.
64.
65.
66.
86.
Barbados (71.3)
Lithuania (69.7)
Estonia (69.2)
Costa Rica (40.5)
Mexico (40.3)
Maldives (40.2)
Malaysia (39.8)
Saudi Arabia (6.4)
Estimated female
earned income
(PPP US$)
1. Luxembourg (34,890)
2. Norway (32,272)
3. United States (29,017)
48. South Africa (6,505)
49. Bulgaria (6,212)
50. Mauritius (6,084)
51. Malaysia (6,075)
154.Sierra Leone (325)
Ratio of female
earned income to
male earned income
1. Kenya (0.93)
2. Switzerland (0.90)
3. Cambodia (0.76)
94. Guinea-Bissau (0.49)
95. Korea, Rep. of (0.48)
96. Cape Verde (0.48)
97. Malaysia (0.47)
154.Oman (0.19)
Malaysia in the report
Malaysia was mentioned in the report in pages 116, 117, 124, 127, 29, 33, 45, 46, 55, 56, 58 and 59.
BERITA PERANCANG
19
20
ROUND-UP
THE S-DEV GENEVA 05 - INTERNATIONAL
PLATFORM ON SUSTAINABLE URBAN
DEVELOPMENT 11-13 October 2005
Reported by Khairiah Talha from Geneva
MIP Council Member, Puan Khairiah Talha, was
invited to chair one of the eight parallel sessions of
the first Sustainable Development Conference, in her
capacity as EAROPH Secretary General. The theme
“Innovating Cities Across The World” saw 26
participating cities from all continents and 26 concrete
solutions towards a liveable world being showcased
in the three day deliberations. An exhibition was also
held concurrently, in which MPPJ and DBKL also
participated in. The conference was under the
patronage of the United Nations office in Geneva, as
well as produced in collaboration with UN-HABITAT,
UNDP, UNEP, ICC, UCLG, WBCSD, WWF and the
International Congress of Local and Regional
Authorities of the Council of Europe.
Puan Khairiah chaired the session on Sustainable
Technologies focusing on Transport and Regional
Planning. Four cities, Curitiba, (Brazil), Moscow,
(Russia), Zurich (Switzerland) and Kunming (China)
shared their cities’ experiences in meeting
transportation issues within their cities, with the
collective aim of making public transportation the
priority in order to achieve sustainable transportation
within their cities.
In summary, Puan Khairiah, as moderator stated that
each city approached their transportation problems
using their own innovative approaches, which have
been based on their own natural resources and
capacities. The more financially capable cities used
more high-tech solutions (Zurich), whereas the cities
with limited financial resources used their own
limitations by capitalizing on what is available and
then leveraging on these (Curitiba, Moscow). The city
with limited manpower and technical know how
(Kunming) formed smart alliances with Zurich in order
to learn through the transfer of technology and adapt
to their city’s needs. Whatever the approaches, these
are but one small step towards achieving the goals of
sustainable transportation. Although, in the words of
Prof.Perl, from Simon Fraser University, Vancouver,
Canada, there has yet to be one true form of
sustainable transportation. However, all cities should
at least strive towards the goals of achieving
sustainable transportation, which Prof. Perl and the
Research Institute on Sustainable Transport, Canada
defined as one that “allows the basic access needs of
individuals and society to be met safely and in a
manner consistent with human and ecosystem health,
and with equity within and between generations”.
The proceedings of the S-Dev Conference can be
accessed on www.s-dev.org
UN’s Millennium Development
Goals (MDG)
By 2015 all 189 UN Member States
have pledged to the following :
1. ERADICATE EXTREME POVERTY AND
HUNGER
• Reduce by half the proportion of people living on
less than a dollar a day
• Reduce by half the proportion of people who
suffer from hunger
2. ACHIEVE UNIVERSAL PRIMARY
EDUCATION
• Ensure that all boys and girls complete a full
course of primary schooling
3. PROMOTE GENDER EQUALITY AND
EMPOWER WOMEN
• Eliminate gender disparity in primary and
secondary education preferably by 2005, and at all
levels by 2015
4. REDUCE CHILD MORTALITY
• Reduce by two thirds the mortality rate among
children under five
5. IMPROVE MATERNAL HEALTH
• Reduce by three quarters the maternal mortality
ratio
6. COMBAT HIV/AIDS, MALARIA AND OTHER
DISEASES
• Halt and begin to reserve the spread of HIV/AIDS
• Halt and begin to reverse the incidence of malaria
and other major diseases
7. ENSURE ENVIRONMENTAL
SUSTAINABILITY
• Integrate the principles of sustainable development
into country policies and programmes; reverse loss
of environmental resources
• Reduce by half the proportion of people without
sustainable access to safe drinking water
• Achieve significant improvement in lives of at
least 100 million slum dwellers, by 2020
8. DEVELOP A GLOBAL PARTNERSHIP FOR
DEVELOPMENT
All goals are measured against baseline year, 1990.
More information refer to :
www.un.org/millenniumgoals
BERITA PERANCANG
ROUND-UP
“RISK MANAGEMENT IN
HUMAN SETTLEMENTS”
- EAROPH Regional Seminar,
Jogjakarta,
19th & 20th September 2005
Reported by Khairiah Talha
The 38th EAROPH Executive Council Meeting and
Regional Seminar was held over two days in beautiful
Jogjakarta, Indonesia. The theme “Risk Management in
Human Settlements” has been chosen in light of recent
world events that have caused much disruption and
catastrophe to human settlements and to humankind. This
seminar also supports the Habitat Agenda that clearly
outlines the link between human settlements development
and vulnerability to disasters:
“to promote and encourage all parts of society to
participate in disaster preparedness and in disaster
prevention through activities that build a culture of
prevention” (Habitat Agenda 1966)
The theme is also in line with Target 9 of the Millennium
Development Goals (MDG): “to integrate the principles
of sustainable development into country policies and
programmes, and reverse the loss of environmental
resources”.
Twenty four papers under six sub-themes were presented.
The seminar attracted 190 participants from Japan,
Thailand, Malaysia, Korea, Australia and Indonesia. The
Three crucial points that underlie the papers were
summarized as follows:
1. THERE MUST BE AN INTEGRATION OF SCIENCE
AND LOCAL WISDOM :
Science formulates or creates the tools (such as GIS,
planning policies - zoning plans, etc.; rubber bearing
technologies in buildings, Systemic Asset Management),
but ALL these must be formulated according to local
habitat and conditions, and especially important is the
participation of the local people.
2. FOR ANY PROJECTS AND PROGRAMMES ,
THERE MUST BE AWARENESS AMONGST ALL
INVOLVED, ESPECIALLY AMONGST THE LOCAL
COMMUNITY :
There must exist the trust between the local people and
the professionals, authorities and all parties involved in
pre or post disaster efforts. There must be a common
perception of risks at local and regional levels as it has
been found that perceptions of risks differ from local
communities and experts. The role of universities and
researchers could be maximized as go between
amongst the authorities, experts and community.
3. COORDINATION IS VITAL
Team work and systematic approach is essential in all
pre and post disaster works at local, regional and
national levels. This applies to Policies, programs,
budgetary allocation, building codes, etc.
BERITA PERANCANG
papers ranged from preventive measures in facing risks
such as floods, fires, earthquakes, strong winds, tsunamis,
etc., to design measures and reconstruction programmes.
Rehabilitation of settlements using systemic asset
management was also given focus.
Two technical tours were arranged for participants. The
one which I attended showcased how village communities
can be encouraged and motivated to help themselves in
saving their environment. The first village called Kampung
Sungai Code, was a settlement along a river bank, close to
the city. Here, the villagers cleared up the river so as to
avoid floods that annually damage their properties, From
cleaning the river, the villagers were encouraged to beautify
their homes through the planting of trees and plants in
whatever limited spaces they had. Footpaths throughout
the village were very clean and devoid of rubbish. The
villagers built their own communal baths and washing
areas, as well as schools and mosques. The government
assisted by constructing a concrete embankment for the
protection of the villagers.
The second village called Sukunan was an old settlement
with about 300 houses. This village has become exemplary
in managing its own waste and earning income through
waste recycling programmes. Initiated by a young man
named Iswanto, who graduated in Biology, the village has,
for 5 years, separated all wastes. Organic waste are stored
in large clay pots placed in the compound of every home.
These are used as fertilizers for the fruit trees and
vegetation. Plastic, newspapers and glass were all recycled
and the income generated has been put back into the
village fund to further improve the road system, water
supply and recreational facilities. Used oil drums were
collected and painted by village youths to collect separated
waste items. These drums are so popular that they are
demanded by other villages. The sale price of the drums is
3 times the cost of procuring and producing attractive waste
b i n s .
W a s t e
recycling
h
a
s
become a
h i g h l y
successful
a
n
d
lucrative
business
for people
in
this
village.
21
22
MIP COMMITTEES
YOUNG PLANNERS COMMITTEE
Chairman :
Md Nazri Mohd Noordin
Committee Members :
Zamri Husin
Prof Madya Wan Muhamad
Yusoff
Ihsan Zainal Mokhtar
Ghazali Othman
Fahmi Alias
Shamsul Jefri
Md Nazri Mohd
Noordin
• Final year university students
• All Graduate members
Tentative Programmes for 2005-2007
i Young Planners register - updates of
database on young members
ii 1st Young Planners Forum 2006
iii We base - Forum group or blog
iv University Graduates / Industrial Attachment
programmes / Mentor programmes
v Young Planners Network
vi Monthly talks or colloquium
Objectives
• To mobilize young planners / members to be
active members of the Institute
• To keep an active register of young
planners
• To undertake programs and projects to
enhance intellectual discourse among
planners / members and professionals on
issues and matters that are presently
relevant and of concern to them
• To act as a platform for young members to
grow in the profession
Hope
• Those members who fit the above target
group, please feel free to email your details
(name, contact number, address, etc) to
the chairman of the committee at
iplanner@streamyx.com.
Pleasse indicate YOUNG PLANNERS as the
subject of the email.
• For the first six months, the committee is
basically trying to mobilize young members
and most importantly, update the
database.
Target Group
• Members below the age of 35
• New Corporate members
Note
We do need volunteers to assist the committee
and some of the programmes.
MIP COMMITTEES
RESEARCH AND PUBLICATIONS COMMITTEE (RPC)
1. Members :
i. Chairman : Assoc. Prof. Dr. Alias
Abdullah
(UIAM/MIP 194/88)
ii. Fixed members
a) Membership Committee
Chairman
Professor Dr. Mansor b. Ibrahim
(UIAM/MIP 273/93)
Assoc. Prof. Dr. Alias
b) Education and Students Affairs
Abdullah
Chairman
Assoc. Prof. Wan Mohamed
Yusoff b. Abdullah (UiTM/MIP 101/82)
c) Sustainable Planning and Development Chairman
Pn. Khairiah bt. Hj. Mohd Talha (MIP 184/86)
iii. Other members
a) Mr. Ishak Ariffin (Private/MIP 239/90)
b) Assoc. Prof. Dr. Ho Chin Siong (UTM/MIP 141/85)
c) Assoc. Prof. Dr. Lee Lik Meng (USM/MIP 149/85)
d) Dr. Mohd Thalha b. Hj. Alithamby (Private/MIP 99/82)
e) Professor Dr. Ismawi Hj Zen (UIAM/MIP 421/99)
f) Dr. Mohd Zin Mohamed (Brunei/MIP 457/02)
g) Mr. Bong Khin Fah (Sarawak/MIP 478/03)
h) Pn. Juwairiyah Ho bt. Abdullah (MIP 453/02)
i) Hj. Mokhtar b. Samardi (JPBD Terengganu)
j) Dr. Jamalunlaili b. Abdullah (UiTM)
k) Mr. Muhammad Faris b. Abdullah
2. Objectives:
i. To inculcate and promote research culture among
planners
ii. To enhance planning knowledge through research and
development agenda; publication activities; integration
of an updated ICT including Planning Support Systems,
modelling and techniques, trainings and talks
iii. To disseminate information related to the current
planning practices, books, journals, periodicals,
dissertations, web sites, guidelines, reports, etc. that have
been produced by JPBD, universities (local and abroad),
research institutes related to environment or build
environment, individual researchers and so on to all MIP
members
iv. To identify and communicate with potential research
grants holders locally and internationally; and to organise
talks, meetings, workshops and/or conferences for
networking, collaborating (partnership) and matching
purposes.
v. To seek research grants for improving and enhancing
current planning methodologies in order to improve
quality of life and environment.
3. Scope of works
i. To promote the Institute through publications,
communications, networking and any other means
ii. To produce MIP newsletter on at least a quarterly basis
iii. To undertake all necessary actions in producing the MIP
Journal (i.e. PLANNING MALAYSIA), circulations and
promotions
iv. To produce annually a Planning Directory on members
registered with MIP
v. To produce books on round table discussions,
seminars/conferences/talks undertaken by MIP and
matters pertaining to Malaysian planning history,
planning practices, planning procedures and guidelines,
as well as new planning approaches adopted by the
planners in Malaysia.
BERITA PERANCANG
4. Tasks and activities :
i. “BERITA PERANCANG” Newsletter
• 2 or 4 times a year (November 2005, March 2006, June
2006, September 2006, December 2006, March 2007, and
July 2007)
• Appointment of Chief Editor (proposed Mr. Ishak Ariffin)
and it’s Editorial Boards
• Defining new format and contents
ii. “PLANNING MALAYSIA” Journal
• 1 or 2 times a year (Volume 4 in December 2005, Volume
5 (Special Issues – “Sustainability Planning in ASEAN”) in
June 2006, Volume 6 in December 2006, and Volume 7
(Special
Issues
–
“Planning
for
Liveable
Environment/Cities”) in July 2007
• Editor-in-Chief (Dr. Alias Abdullah), appointment of Editorin-Chief for special issues (Proposed Dr. Lee Lik Meng and
Dr. Ho Chin Siong) and Editorial Boards
iii. Books and proceedings
• 2 books
iv. Workshops, discussion and talks to promote research
networks
• 1 research workshop titled “Agenda for Planning
Research”
• 1 research training (topic related to planning research
methodology and application of SPSS in planning
analysis)
v. Library or resource centre
• Establishing list of references, books, etc
• Establishing Planning Resource Centre (after moving to
the new premise and propose a donation for establishing
the centre)
vi. Research grants and funding agencies
• Listing the sources from internet sites and networking (e.g.
EU, UNESCO, Japan Foundation, Sumitomo grants)
• Discussion and meeting with all potential funding
agencies
• Organising talks and workshops on the grants
• Putting resources and expertise to conduct research
works if funds granted
• Publishing the reports and findings
5. Meetings
• planning to have an average of 6 times meeting per
session.
6. Editorial Board Members :
A) Berita Perancang :
i. Advisor:
Assoc. Prof. Dr. Alias Abdullah
ii. Editor-in-Chief:a) Mr. Ishak Ariffin
iii. Members:
b) Assoc. Prof. Wan Mohamed Yusoff b.
Abdullah
c) Pn. Khairiah bt. Hj. Mohd Talha
d) Dr. Mohd Zin Mohamed
e) Mr. Bong Khin Fah
f) Pn. Juwairiyah Ho bt. Abdullah
g) Hj. Mokhtar b. Samardi
h) Mr. Muhammad Faris b. Abdullah
B)
i.
ii.
iii.
Planning Malaysia Journal:
Advisor:
Pn. Norliza bt. Hashim
Editor-in-Chief:a) Assoc. Prof. Dr Alias Abdullah
Members:
b) Professor Dr. Mansor b. Ibrahim
c) Assoc. Prof. Dr. Ho Chin Siong
d) Assoc. Prof. Dr. Lee Lik Meng
e) Dr. Mohd Thalha b. Hj. Alithamby
f) Professor Dr. Ismawi Hj Zen
g) Dr. Jamalunlaili b. Abdullah
23
24
CAMPUS NEWS - UiTM
DEPARTMENT OF TOWN AND
REGIONAL PLANNING
FACULTY OF ARCHITURE,
PLANNING AND SURVEYING
UNIVERSITI TEKNOLOGI MARA, SHAH
ALAM AND SRI ISKANDAR, PERAK
The Department of Town and Regional Planning at
Universiti Teknologi MARA is one of the ten departments in
the Faculty of Architecture, Planning and Surveying. It is
one of the pioneer departments in the Faculty.
The department was established in July 1969 with an
enrolment of 16 students offering the Diploma in Town and
Country Planning (later changed to Diploma in Town and
Regional Planning). In 1972, a two year Certificate in Town
and Country Planning was introduced followed by the
Advanced Diploma in Town and Regional Planning in 1975
(later renamed Bachelor of Town and Regional Planning
(Honours) ). A Master and Ph.D. research programs were
first offered in 1996. The department is one of the oldest
planning departments in the country and the only one that
offers all five level of programs, i.e. Certificate, Diploma,
Bachelor, Master and Ph.D. Its Bachelor programs cater
for full and part-time students (Off Campus Program) and
accept students from Diploma levels as well as STPM and
Matriculations. The Department created history when it
produced the first Ph.D. of UiTM in 2000 – Dr. Dasimah
Omar who is also one of the senior Associate Professors
in the department.
The Department is the largest planning department in
Malaysia boasting of 54 full time academicians and over
700 students. 27 of the academic staff are in Shah Alam
while the rest are in Sri Iskandar. Eight of the lecturers are
Ph.D. holders while the rest hold Master degrees. In
addition, eleven staff are fellows of corporate members of
Malaysian Institute of Planners. The academic staff
currently include Vice Chancelor of UNISEL, UiTM Branch
Campus Directors, Deputy Dean, Council member of
MBSA and former head of MITRAN. The academic staff
are trained locally as well as in the U.K., U.S., Australia,
New Zealand, and Europe. Thus, the department can
claim to have the expertise in the academic and
professional fields as well as having the exposure in
national and international planning.
The mission of the department is to produce competent
graduates in the field of town and regional planning at the
technician, semi-professional and professional levels who
are creative, innovative and sensitive to the environment
through integrated and balanced learning, enriched by
continuous research and development. Since its inception,
Contributed by Jamalunlaili Abdullah
the mission of the department has been to provide
professional education and training to Bumiputeras in the
field of town and regional planning. Thus, the programs
offered are to provide manpower at the technician, semiprofessional and professional levels. The main focus of the
program has bee to produce graduates with strong
technical knowledge, practical and analytical skills, and
professional capability. This include the ability to analyze,
synthesize and formulate recommendations and solutions
to overcome not only physical problems but also those
related to socio-economic aspects of urban and rural
settlements in Malaysia.
Cuurently, all Certificate and Diploma in Planning
programs are offered at the Sri Iskandar campus while the
Bachelor, Master and Ph.D. are offered at the Shah Alam
campus. However, Master and Ph.D. by research can also
be conducted under the supervision of academic staffs of
Sri Iskandar.
The Bachelor of Town and Regional Planning at UiTM has
been continuously accredited by the MIP as meeting the
requirement of professional program. The current five year
accreditation was conferred in 2002 and will run through
2008. Its syllabus follows the recommendations set by
MIP while the department’s external board consists osf
professional planners from the JPBD, local authorities and
the private sector. While the curriculum is modeled after
the requirement of MIP, the planning department at UiTM
is noted for its strength in physical planning and urban
design. The department plans to enhance its contribution
by offering a one and a half year taught Master of Urban
Management in June 2006.
Although the department is noted for its teaching
excellence, it is also active in research and consultancy.
The department was involved with the JPBD in studies that
produces various planning
guidelines such as
Garispanduan PErancangan Golongan Kurang Upaya dan
Garispanduan Perancangan Sususnatur Perumahan
Optima, to name a few. In addition, their academic staffs
have published several books on planning and the
environment. Various other studies have been completed
and seminar papers presenter at national and international
seminars.
For further information please logon at www.uitm.edu.my
of call Assoc. Prof. Haji Zakaria Ahmad, Head of
Department at 03-55444343
CAMPUS NEWS
25
The 8th International APSA Congress
Penang 2005 was held at Grand Plaza
ParkRoyal Hotel at Batu Ferringhi, Penang
on September 11 - 14, 2005. It was
The APSA Executive Committee Members 2005 - 2007
organised by the School of Housing, Building
From left : Prof. Anthony Yeh, Secretary-General (University of Hong Kong), Prof. Do Hau,
and Planning, Universiti Sains Malaysia.
President (Hanoi Architectural University), Prof. Wu Zhiqiang, Past President (Tongji University,
MIP was a co-sponsor with a generous
Shanghai), Prof. Yukio Nishimura, Committee Member (Tokyo University),
financial grant to the organisers.
Plnr K.D. Fernando, Committee Member (University of Moratuwa, Sri Lanka)
and Assoc. Prof. Lee Lik Meng, Vice-President (Universiti Sains Malaysia).
Twenty countries were represented with
Not in picture, Prof. Utpal Sharma, Committee Member (CEPT University, Ahmedabad, India).
over 140 participants including 22 planning
students from South Australia. More than 70
full papers were presented including many high quality papers from local academics and researchers from UTM, UPM, MU, UIA,
UiTM, USM as well as the Federal Town and Country Planning Department. The full papers can be accessed via
http://www.apsa2005.net/.
APSA currently has 24 Full Members and Malaysia is represented by UTM and USM while UIA has expressed interest to join. It is
hoped that UiTM will follow suit as the association works to promote the planning profession. Membership benefits include discounted
fees for attendance at APSA Congresses, free copies of proceedings and of course opportunities for international networking. APSA
is working to further improve the quality of its selected papers series with rigorous review criteria and procedures. Papers presented
at its Congresses are the sole source for selection for the Best Paper from Asia for the Dialogues in Urban and Regional Planning
produced by the Global Planning Education Association Network (GPEAN) through the Routledge publisher. GPEAN is a
conglomeration of nine planning associations formed after the 1st World Planning Schools Congress in Shanghai in 2001.
The APSA Congress is held biennially. The next Congress will be held in Sri Lanka in 2007 followed by Ahmedabad, India in 2009.
APSA is also one of the co-organisers of the forth-coming 2nd World Planning Schools Congress to be held in Mexico City, Mexico
from July 11 – 17, 2006.
For more information of APSA visit http://www.apsaweb.org/.
By Lee Lik Meng
Students from the DEPARTMENT OF URBAN & REGIONAL PLANNING, KULLIYYAH OF ARCHITECTURE & ENVIRONMENTAL DESIGN,
INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA, recently went on an educational trip to Sydney and Canberra, Australia for a week
from 4th to 10th September, 2005. This trip was part of students planning education under the course AUP 3253 Comparative
Planning System. Aspects of planning included Transport, Tourism, and
national capital development. In the area of tourism, the students also
visited a homestay and experienced horse-riding as part of the
activities offered by the organizers.
Students also visited the national capital, Canberra and learned the
meaning of low-profile development and the Y-Plan currently utilized by
the National Capital Development Authority (NCDA), for their transport
system.
Highlights of the visit were two briefings at the Sydney Townhall, on the
development of the city of Sydney and the briefing at Regatta Point,
Canberra on the planning and development of the city of Canberra.
This was a valuable experience for students to make comparison of
our own Putrajaya.
BERITA PERANCANG
By Mohd Shamsuddin Zahid Sopian
Briefing at the Sydney Townhall
26
NEWS FROM NORTHERN BRANCH & SARAWAK
FORMATION OF
MIP NORTHERN
BRANCH, AGAIN!
Reported by Lee Lik Meng
Yes, now we
are really,
t r u l y ,
absolutely
legal!
After three previous AGMs, we
went back in time to conduct
our 1st AGM for the MIP
Northern Branch on the 24th
September, Saturday 2.37 pm
at the Boardroom II, Gurvey
Hotel, Gurney Drive, Penang.
Due to an oversight (a very big
one which other aspiring
Branches should learn from),
we finally managed to secure the approval of the Registrar
of Societies to set up the branch on 31st June 2005
(thanks to the effort of the MIP Council). Hence, the entire
history of the previous 4 years have now been designated
“Pro-Tem”.
A few of the Pro-Tem Committee Members did not seek
“re-election” to encourage new blood to come forward to
WHAT-IF PLANNING
SUPPORT SYSTEM
IN KUCHING
A short talk on What-If Planning Support
System in Kuching
Reported by Bong Khin Fah
(KUCHING 24-8-05)
It is a great honour for MIP
Sarawak/Sabah Chapter to have invited Prof. Dr. Richard
E. Klosterman, a renounced professor in town and country
planning from University of Akron, Ohio, USA, to visit
Kuching City, to give a short briefing to the planning
community in the cat city.
The brief session was held at Menara Pelita, Petra Jaya,
Kuching, with Prof. Dr. Richard E. Klosterman sharing his
vast experiences in urban modelling and gave a preview
for the new version of What-If Planning Support System.
There were about twenty five attendees comprise of
planners from the private sector and planning officers from
various departments including Sarawak State Planning
Authority, Land and Survey Department, Kuching North
City Council, Land Custody and Development Authority.
serve MIP and the community. For the new line-up, see
accompanying group photo.
And interesting thing happened to the MIP Council
Representative (the Honorary Secretary) on the way from
Kuala Lumpur to Penang. He arrived just as the AGM had
concluded and the group photograph was being taken.
Apparently, he run into some car problems in KL and was
held up by the mechanic. Nevertheless, in appreciation of
his sacrifices and MIP Council’s continued support, MIPNB
presented the Council with a token of appreciation.
In the morning prior to the AGM, a free half-day Planning
Approval Seminar was organised by MIPNB. It was well
attended with 41 participants including 17 Corporate MIP
Members and a few graduate members. A few participants
came from as far as Kedah. Limited seats were also
allocated to PAM and REHDA members. Three papers
were presented by Prof. Abdul Ghani Salleh (Pro-Tem
Branch Chairman), Maimunah Mohd Shariff (Director of
Town Planning, MPPP) and T.K. Lim (a developer with a
masters degree in planning).
The Seminar was followed by a buffet lunch hosted by
MIPNB for all MIP members present.
(See pictures on Page 27)
Prior to the event, Prof. Dr. Richard E. Klosterman made a
courtesy visit to the Land and Survey Department’s
Assistant Director of Planning, Mr. Lai Hua Lee, and acting
Director of Lands and Surveys, Mr. Sudarsono Osman,
and attended a luncheon at well known hotel in the city
centre.
Prof. Dr. Richard E. Klosterman is the founder of a stateof-the-art GIS-based Planning Support System (PSS)
called “What-If”. “What-if” is a scenario-based, policyoriented Planning Support System that uses increasingly
available geographic information system (GIS) data to
support collective decision making. It incorporates
procedures for conducting land suitability analysis,
projecting future land use demands, and allocating the
projected demands to the most suitable locations. It allows
users to create alternative development scenarios and
determine the likely impacts of alternate public policy
choices on future development patterns. It is a useful tool
in plan making.
MIP Sarawak/Sabah Chapter would like to thank Prof. Dr.
Richard E. Klosterman for his generosity in sharing ideas
with the local planners. The Institute would also like to
thank the Land and Survey Department for hosting the
event and to the International Islamic University of
Malaysia (IIUM) for co-organised the event.
(See pictures on Page 27)
BERITA PERANCANG
PICTORIAL
Ghani presenting a token of appreciation to MIP Council
Representative (Ahmad Suhaimi). Standing behind are
Tan Thean Siew (Branch Chairman) and Ismail Ibrahim
(Branch Vice-Chairman)
Prof. Dr. Klosterman posted with En. Lai Hua Lee,
Assistant Director (Planning) of Land and Survey
Department, who is with a copy of the book
“Planning Support System” by Brail & Klosterman.
Left: Prof. Dr. Klosterman
Right: En. Lai Hua Lee
Participants at the free half-day Seminar on
Planning Approval
Prof. Dr. Klosterman and fellows invited
at the lunch table
From Left to Right : En. Law Hui Ho,
En. Vincent Ho, Dr. Nasrudin,
Prof. Dr. Klosterman, En. Affandi Keli,
En. Sudarsono Osman
General Meeting for Formation of MIP Northern Branch,
24 Set 2005, Gurney Hotel Penang
The newly elected Office Bearers of MIP Northern Branch
(2005 -2007) with MIP members:
Seated from left : Lee Lik Meng (outgoing Pro-Tem Branch
Secretary), Maimunah Mohd Shariff (Committee Member),
Tan Thean Siew (Branch Chairman), Abdul Ghani Salleh (outgoing
Pro-Tem Branch Chairman), Ismail Ibrahim (Branch Vice-Chairman),
Ng Bock Tye (Committee Member), Ahmad Suhaimi (MIP Secretary).
Standing 3rd from left, Cheah Lye Aik (Branch Treasurer),
4th Choong Lai Chai (Committee Member),
5th Michael Ong (Branch Secretary);
and 2nd from right Goh Ching Keng (Committee Member)
BERITA PERANCANG
Prof. Dr. Klosterman gave a preview to a pre-release
version of What-If application software to the
audience.
27
28
PROFILE
DATO’ MOHD. FADZIL BIN
HAJI MOHD. KHIR
Director General, Federal
Department of Town and Country
Planning Malaysia
(JPBD Semenanjung Malaysia)
Dato’ Mohd. Fadzil Haji Mohd Khir
was born on 26 February 1954 in Telok Air Tawar, Pulau
Pinang. He was brought up in Kulim Kedah, where he
obtained his early education at the Sekolah
Kebangsaan Lelaki Kulim, Kedah. He then continued
his secondary education at Sekolah Tuanku Abdul
Rahman (STAR), Ipoh, Perak.
Dato’ Mohd Fadzil then joined the Universiti Teknologi
Malaysia (UTM) where he obtained his Bachelor of
Urban and Regional Planning (Honours) degree in
1979.
In 1991, he obtained his Certificate in Development
Planning – Urban Land Policy & Management from
the University College London (UCL), United
Kingdom. He completed a Certificate in City
Planning II course from the Japan International
Cooperation Agency (JICA), Tokyo, in 1999.
He started his career with Jabatan Perancangan Bandar & Desa (JPBD) as the Assistant Director in JPBD Negeri
Kedah in 1979, then moving to the Rural Division, subsequently the Spatial Division at JPBD headquarters, before
returning as the Director of JPBD Kedah in 1985. He was made the Director of JPBD Melaka in 1992. He spent
five years in Melaka and then went on to become the JPBD Terengganu Director before being promoted to
Deputy Director General for Administration in 2001. Dato’ Mohd Fadzil was made the Director General of Town
and Country Planning on the 4th of March, 2005.
Dato’ Mohd Fadzil was also an active member of the Kelab Sukan dan Kebajikan, Jabatan Perancangan
Bandar dan Desa, Semenanjung Malaysia. He has held the post of President of Persatuan Pegawai Perancang
Bandar dan Desa Malaysia since 2002. He was a Council Member of the Malaysian Institute of Planners for 20032005 and is presently a Member of the Board of Town Planners, Malaysia.
In honour of Dato’ Mohd. Fadzil’s meritorious services and contributions, he was bestowed with various
Distinguished Order Medals: B.C.K (Bintang Cemerlang Kedah) and the A.M.K (Ahli Mahkota Kedah) by the
Kedah State Government in 1989 and 1992 respectively; B.C.M (Bintang Cemerlang Melaka) by the Melaka
State Government in 1995; A.S.M (Ahli Setia Sultan Mahmud Terengganu) by the Terengganu State
Government in 2002; and D.S.D.K (Dato’ Setia Di Raja Kedah) by the Kedah State Government which carries
the title Dato' in 2005.
BERITA PERANCANG