An evaluation of planning appeal system of selected states in Malaysia

Abstract

Planning appeal is recognised as a duel platform for aggrieved applicant against the local planning authority decision on planning application. However, to date , very little stud y has been done on the planning of the appeal system in Malaysia to determine the efficiency of the system. Thus, this research reviewed the planning appeal process and practices to determine suitable criteria for measuring the performance of an appeal delivery system in Malaysia. Review of literature indicated that six criteria can be employed to assess the efficiency of the Appeal Board mechanism, namely time taken for appeal process ; expertise of the Appeal Board; manner of proceedings; access to justice; cost of just ice; and evidence and procedure. Besides, the research identified the challenges and problems associated with the planning appeal practice. Finally, measures are recommend ed to improve the performance of the planning appeal delivery system. Using an exploratory research design, this research collected data from inter views and document analysis involving both qualitative and quantitative data. 588 cases were reviewed to determine time taken to resolve the cases and another 100 cases were studied for the decisions . The Penang, Perak , Johor and Selangor Appeal Boards were used as the case study. Indepth interviews containing 3 sections; perceptions on Appeal Board practices and process, criteria to measure efficiency of the Appeal Board and recommendations to improve efficiency were administered to 8 respondents comprising legal and urban planning practitioners. Meanwhile, analysis of the documents identified that 8 appeal decisions on the planning matters made were overriden that led to changes in the planning policy. The results suggested that the performance of the Appeal Board was less efficient in terms of time as most disputes took more than 6 months to be cleared. Furthermore , competencies of the chairman in decision-making were questionable due to decisions which override planning matte rs. Most of the respondents perceived that planning appeal is not widely known to the public. However , proceedings of the Appeal Board were commendable since most hearings were conducted in an informal manner. The appeal cos ts are generally affordable although the Penang Appeal Board has increased its fees for private developers . With regard to the challenges and problems in the planning appeal delivery , four major issues highlighted were non familiarity with legal practice and process; form alconduct of hearings; insufficient numb er of staffs in the Appeal Board, and length y process of the Appeal Board members ' appointment. Recommendations based on the study are appoint a competent and knowledgeable chairman; establish informal hearings ; provide affordable administrative cos t and legal aid; introduce amendments to the Act on waiting planning application decision of more than I year; allow third party appeal other than adjoining land owner; and provide further formal training for planning officers on planning appeal process to increase the efficiency of the Appeal Board.