Regulating developers contributions through planning agreements for promoting sustainable development in Malaysia

The local authorities are given the key role to plan and control development activities for the primary purpose of contributing to the growth of the economy, social prosperity and promoting sustainable development within their local authority areas. This is achieved through their planning, economic...

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Main Authors:	Maidin, Ainul Jaria, Sulaiman, Siti Sarah
Format:	Article
Language:	English English
Published:	American Scientific Publishers 2017
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/63050/ http://irep.iium.edu.my/63050/ http://irep.iium.edu.my/63050/ http://irep.iium.edu.my/63050/1/63050_Regulating%20developers%20contributions%20_article.pdf http://irep.iium.edu.my/63050/2/63050_Regulating%20developers%20contributions%20_scopus.pdf

id	iium-63050
recordtype	eprints
spelling	iium-630502018-05-07T02:04:47Z http://irep.iium.edu.my/63050/ Regulating developers contributions through planning agreements for promoting sustainable development in Malaysia Maidin, Ainul Jaria Sulaiman, Siti Sarah K Law (General) KPG Malaysia The local authorities are given the key role to plan and control development activities for the primary purpose of contributing to the growth of the economy, social prosperity and promoting sustainable development within their local authority areas. This is achieved through their planning, economic and sustainable development functions directed by policies and empowered by law. Pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, employment opportunities; replacing with environmental friendly designs; improving the conditions in which people live, work, travel and leisure and widening the choice of high quality homes and others depending on the changing needs of the society. The successful implementation of the plans to promote sustainable development requires strong financial commitment. Since independence, the local authority has been relying on the property developers’ contributions in providing critical resources to facilitate the funding of physical and social infrastructure and the financial support needed by the local authorities. This funding is secured through informal negotiation for the contributions to be made by the developer through Planning Agreements. The informal practice of Planning Agreements within the development control system was part of a developer contribution system besides the imposition of conditions attached to a grant of planning permission. The practitioners and industry opinion has been mixed regarding how Planning Agreements are being negotiated and used, making them the most controversial development contribution mechanism. This research analysed the objectives for the planning agreements, and whether there is a need to regulate the informal practice that can lead to improved infrastructure development and promote sustainable development. A case study of the practice in the Shah Alam City Council is analysed to present the Planning Agreement system in place. The paper seeks to propose recommendations on the need to introduce legal measures to promote good governance of the present system. American Scientific Publishers 2017-07 Article PeerReviewed application/pdf en http://irep.iium.edu.my/63050/1/63050_Regulating%20developers%20contributions%20_article.pdf application/pdf en http://irep.iium.edu.my/63050/2/63050_Regulating%20developers%20contributions%20_scopus.pdf Maidin, Ainul Jaria and Sulaiman, Siti Sarah (2017) Regulating developers contributions through planning agreements for promoting sustainable development in Malaysia. Advanced Science Letters, 23 (7). pp. 6386-6389. ISSN 1936-6612 E-ISSN 1936-7317 (In Press) http://www.ingentaconnect.com/content/asp/asl/2017/00000023/00000007/art00079;jsessionid=1ily8rrcdinow.x-ic-live-03 10.1166/asl.2017.9275
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Maidin, Ainul Jaria Sulaiman, Siti Sarah Regulating developers contributions through planning agreements for promoting sustainable development in Malaysia
description	The local authorities are given the key role to plan and control development activities for the primary purpose of contributing to the growth of the economy, social prosperity and promoting sustainable development within their local authority areas. This is achieved through their planning, economic and sustainable development functions directed by policies and empowered by law. Pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, employment opportunities; replacing with environmental friendly designs; improving the conditions in which people live, work, travel and leisure and widening the choice of high quality homes and others depending on the changing needs of the society. The successful implementation of the plans to promote sustainable development requires strong financial commitment. Since independence, the local authority has been relying on the property developers’ contributions in providing critical resources to facilitate the funding of physical and social infrastructure and the financial support needed by the local authorities. This funding is secured through informal negotiation for the contributions to be made by the developer through Planning Agreements. The informal practice of Planning Agreements within the development control system was part of a developer contribution system besides the imposition of conditions attached to a grant of planning permission. The practitioners and industry opinion has been mixed regarding how Planning Agreements are being negotiated and used, making them the most controversial development contribution mechanism. This research analysed the objectives for the planning agreements, and whether there is a need to regulate the informal practice that can lead to improved infrastructure development and promote sustainable development. A case study of the practice in the Shah Alam City Council is analysed to present the Planning Agreement system in place. The paper seeks to propose recommendations on the need to introduce legal measures to promote good governance of the present system.
format	Article
author	Maidin, Ainul Jaria Sulaiman, Siti Sarah
author_facet	Maidin, Ainul Jaria Sulaiman, Siti Sarah
author_sort	Maidin, Ainul Jaria
title	Regulating developers contributions through planning agreements for promoting sustainable development in Malaysia
title_short	Regulating developers contributions through planning agreements for promoting sustainable development in Malaysia
title_full	Regulating developers contributions through planning agreements for promoting sustainable development in Malaysia
title_fullStr	Regulating developers contributions through planning agreements for promoting sustainable development in Malaysia
title_full_unstemmed	Regulating developers contributions through planning agreements for promoting sustainable development in Malaysia
title_sort	regulating developers contributions through planning agreements for promoting sustainable development in malaysia
publisher	American Scientific Publishers
publishDate	2017
url	http://irep.iium.edu.my/63050/ http://irep.iium.edu.my/63050/ http://irep.iium.edu.my/63050/ http://irep.iium.edu.my/63050/1/63050_Regulating%20developers%20contributions%20_article.pdf http://irep.iium.edu.my/63050/2/63050_Regulating%20developers%20contributions%20_scopus.pdf
first_indexed	2023-09-18T21:29:24Z
last_indexed	2023-09-18T21:29:24Z
_version_	1777412409456066560

Regulating developers contributions through planning agreements for promoting sustainable development in Malaysia

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