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Development Order

1. A development order is an order issued by the Commissioner that either grants planning permission for a development, grants permission with conditions, or refuses permission. 2. The Commissioner has discretion to grant or refuse permission regardless of whether a development conforms with the development plan. 3. If permission is granted, the development order will specify whether it is granted without conditions or with conditions, which the Commissioner deems appropriate. 4. Conditions may limit the duration of a change of use or regulate development and use of adjoining land.

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539 views

Development Order

1. A development order is an order issued by the Commissioner that either grants planning permission for a development, grants permission with conditions, or refuses permission. 2. The Commissioner has discretion to grant or refuse permission regardless of whether a development conforms with the development plan. 3. If permission is granted, the development order will specify whether it is granted without conditions or with conditions, which the Commissioner deems appropriate. 4. Conditions may limit the duration of a change of use or regulate development and use of adjoining land.

Uploaded by

MatAleng
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Development order

(Laws of Malaysia)
22. (1) The Commissioner shall have power exercisable at his
discretion to grant planning permission or to refuse to grant planning
permission in respect of any development irrespective of whether or
not such development is in conformity with the development plan;
provided however the exercise of the discretion by the Commissioner
under this subsection shall be subject to subsection (4) and section 23.
(2) Where the Commissioner decides to grant planning permission
in respect of a development he may issue a development order
(a) granting planning permission without any condition in
respect of the development;
(b) granting planning permission subject to such condition or
conditions as the Commissioner may think fit in respect of
the development:
Provided that the Commissioner shall not issue a development order
under this subsection unless he is satisfied that the provision of
section 41 relating to the assessment of development charges has been
complied with.

(3) Without prejudice to the generality of paragraph (2)(b), the


Commissioner may impose any or all of the following conditions
(a) to the effect that the development order granting planning
permission in respect of any change of use of land or building
is only for a limited period and after the expiry of that period
the use of the land or building as authorized under such
development order shall cease to have any effect and the
land or building shall be reverted to its original use; and
(b) to regulate
(i) the development and use of any other land which is
under the control of the applicant and which is
adjoining the land for which planning permission is
to be granted for the development thereof; and
(ii) the works that may be carried out on such other land
in the manner and to the extent as may appear to the
Commissioner to be expedient with regard to the
development for which planning permission is to be
granted.

(4) The Commissioner in dealing with an application for planning


permission shall take into consideration such matters as are in his
discretion expedient or necessary for purposes of proper planning and
in this connection but without prejudice to the discretion of the
Commissioner to deal with such application, the Commissioner shall
as far as practicable have regard to
(a) the provisions of the development plan and where the local
plan has not been adopted, the Comprehensive Development
Plan; and
(b) any other material consideration:
Provided that, in the event of there being no local plan for an area
and the Commissioner is satisfied that any application for planning
permission should not be considered in the interest of proper planning
until the local plans for the area have been prepared and adopted under
this Act then the Commissioner may either reject or suspend the
application.
(5) Upon the receipt of an application for planning permission the
Commissioner shall within such time as may be prescribed either grant
or refuse the application and when the application is granted subject
to condition or refused, the Commissioner shall give his reasons in
writing for his decision.
(6) Where a development order is granted, whether with or without
conditions, it shall be conveyed to the applicant in the prescribed form.

Introduction
Local development orders were introduced with the Planning and Compulsory Purchase Act
2004 and allow local authorities to extend permitted development rights for certain forms of
development with regard to a relevant local development document.
Development Order (CIDB)
A development order is defined as an order issued by the local government which grant,
denies or grants with conditions an application for a development permit. Examples include
site plan approvals, planned unit development approvals, special exceptions, building permits,
or variances. In practice, a development order is any action of local government which has the
effect of permitting the development of land, and can include preliminary or final approvals.
After a development order is issued, any aggrieved or adversely affected person may
challenge the order as inconsistent with the plan.

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