52561299 land development process in malaysia (1)

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    LAND DEVELOPMENT PROCESS IN MALAYSIA

    Looking from the Malaysian land administrative perspective, land development in

    Malaysia simply means the change of original use of any alienated land that effects its

    restriction in interest, express conditions and category of land use as opposed to what has

    been earlier approved by the State Authority upon alienation (Abd Kadir Al!a", #$$%&'

    nterestingly, land development is no where mentioned under the )ational Land *ode

    ()L*& which is the governing code for land administration in Malaysia' +nder the *ode,

    land development however takes place in one or more of the following forms

    (a& -ariation of conditions, restrictions and categories (Section #./&

    (b& Subdivision (Sections #0% 1 #0$&

    (c& 2artition (Sections #/3 1 #/%&

    (d& Amalgamation (Sections #/4 #%3&

    (e& Simultaneous applications for subdivision and variation of conditions, restrictions and

    categories (Section #./A&, and

    (f& Surrender and realienation special provisions (Sections .3/A 1 .3/!&

    5hus, in cases where the land chosen or ac6uired for the purpose of developmentis still in its agriculture status, the application for the conversion (to building or industrial

    status&, subdivision, partition or amalgamation of land, wherever applicable, must be

    obtained first before any actual development can take place'

    n Malaysia, there have been regular occurrences in the past whereby decision for

    land development was initiated by the government especially if it is recogni7ed that

    development of certain land not necessarily idle or underdeveloped, is essential in

    fulfilling certain urban planning policies of the government' 5wo good examples are the

    ac6uisition of urban land for the light rail transit pro"ect and the ac6uisition of mainly

    estate land for the 2utra"aya development' n some cases however, even though the

    government initiates the development plan which may involve ac6uisition of private

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    owned land, the implementation of the actual development is still usually offered to

    private developers'

    5he stages involved in land development for this instance whereby the state government

    played the role as the initiator and the role of the developer was taken by a private entity'

    Property Development and the Need For Re-development

    *losely related to the term 8Land 9evelopment: is the term 82roperty

    9evelopment:' 5here are various definitions by scholars on the term ;2roperty

    9evelopment4 (Act #>.& of

    Malaysia defines property development as the carrying out of any building, engineering,

    mining, industrial or other similar operations in on, over or under land, or the making of

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    any material change in the use of any buildings or other land, or the subdivision or

    amalgamation of lands' 5hus, in broad terms, development can be divided into two

    categories, one being the carrying out of physical operations such as building or

    engineering works, and the second the making of a material change of use (*adman et

    al.,#$$/&

    2roperty development can be divided into three prominent stages, namely

    #& 2redevelopment stage comprising substages of idea initiation (decision to develop&, site

    selection, feasibility, financing and planning consents

    .& 9evelopment stage comprising substages of tendering, construction, pro"ect

    management, leasing, financing and sale (disposal&

    0& 2ostdevelopment stage comprising substages of maintenance, management, leasing,

    financing and sale (disposal&

    =n the other hand, there is also new school of thoughts (5an, #$$?& that contend

    that property development contains only two prominent stages@ predevelopment stage

    which combines all the substages in the old school of thoughts< predevelopment and

    development stages@ and postdevelopment stage comprising the same substages

    identified by the old school of thoughts'

    2erhaps the definition that is more relevant to be looked into in relation to the

    sub"ect matter of this study is the one given by yrne and *adman (#$?/& who have

    divided the development process based on the perspective of uncertainty analysis

    which relate to the aspect of viability of a development into three stages

    #' Ac6uisition

    n this stage, development process involves land ac6uisition upon which the

    development is to be carried out' 5here exists the element of uncertainty in this stage due

    to physical features of the land, restriction in interest in the land ownership which may

    benefit the land or otherwise and natural features and type of land use allowed or

    approved by the local planning authority'

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    .' 2roduction

    5his stage is when the construction of building takes place and the risk and

    uncertainty that exists here is in the form of construction cost which constitutes the

    second capital outlay' As such the provision for risk is included when deciding on the

    building contract'

    0' 9isposal

    5his stage is when the completed building is owneroccupied, single or multi

    occupied or disposed of as investment item' Bisk and uncertainty exist in this stage when

    disposal is by way of renting and selling whereby rental and return on investment and

    purchase price contain risk element since the result of the development must be produced

    first even though the developer cannot guarantee or know for sure that the stability of the

    market at the beginning of the development is to last right till the disposal stage'

    5his article written by

    Sr Puan Nik Nazariah bte Nik Jaafar

    Associate 9irector of

    )LA !AB5A *=)S+L5A)5 S9) !9

    Besearch 9epartment of )!*S

    .% Ceb .33$'

    STATE

    OVERNMENT

    Tender Comm!ttee

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    9ecision 5o

    2rivatise

    Dvaluation

    Ac6uisition

    investigations

    proceedings

    *ompensation

    5ender

    A"ard

    nvitation 5o

    id

    9evelopment

    proposal

    Cinancial proposal

    *ompany profile

    DEVELOPER

    Fa#t Tra$%& A"ard to handp!$%ed developer

    Lon' Tra$%& Normal pro$ed(re

    Dngage

    *onsultant

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    F!'(re )*+& The land development pro$e## (nder pr!vat!,at!on

    ntrod($t!on

    #.%

    '

    5he development strategies for the next .3 years are focused on the vision for

    Kuala Lumpur to become a Eorld*lass *ity' 5he strategies are also firmlygrounded on the direction and accomplishments of the KLS2 #$?/ that set the

    framework for the structure and present growth patterns of Kuala Lumpur' 5he

    physical shape of Kuala Lumpur, the distribution of land uses, the new growthareas, infrastructure development especially roads and rail systems are all directly

    attributable to the policies and strategies set out in the KLS2 #$?/'

    #.4'

    5he population base of Kuala Lumpur is set to increase from #'/ million to .'.million over the next .3 years' Eithin the context of a city that is already well

    developed new strategies that optimi7e limited land resources need to be devised'5his 2lan is part of the ongoing evolution of the *ity and the development

    strategies set out here form the basis for the planned spatial development of Kuala

    Lumpur as well as guiding the formation of sectoral policies up to the year .3.3'

    #.>

    '

    5he strategies are all encompassing and cover every aspect of the *ity fabric from

    spatial and infrastructural development to urban design and the less tangible6ualities of the *ity experience that shape and mould people

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    Ta3le *+&Land +se by *ategory, .333

    a4 Re#!dent!al

    !* E.!#t!n' #!t(at!on

    #.$'

    Besidential land use increased from 0,?.. hectares to %,/$3 hectares between#$?/ and .333 and is the largest land use component in the *ity' 5he ma"ority of

    increases in residential land use have been in the growth areas of Eangsa Ma"u

    and andar 5un Ba7ak, whereas ukit Falil has yet to establish its residentialbase' Ma"or established residential land use areas are in 9amansara, ukit ndah,

    Setapak and Sentul'

    #03

    '

    !owever, residential land use in the *ity *entre has declined significantly

    between #$?/ and .333 and now accounts only for .4'/ percent of the total

    residential land use in #$?/'

    !!* I##(e

    G 9ecline in residential land use in the *ity *entre@ and

    G Slow growth of residential land use in ukit Falil'

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    F!'(re *+&Land use, .333

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    Ta3le *)&Land +se *hange in Besidential, *ommercial and ndustrial, #$?/ .333

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    Ta3le *5&Land +se *hange in nstitutional, =pen Space Becreational and SportsCacilities and *ommunity Cacilities, #$?/ .333

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    Ta3le *1&Land +se *hange in +ndeveloped Land, S6uatters, nfrastructure and

    +tilities, #$?/ .333

    34 Commer$!al

    !* E.!#t!n' #!t(at!on

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    Photo *+&'''residential land use in the *ity *entre has declined

    significantly'''

    #0#

    '

    *ommercial land use growth has been significant, increasing by ##4'% percent

    from %3/ hectares to #,3$. hectares between #$?/ and .333' Although there has

    been some dispersal of commercial land over Kuala Lumpur as a whole, the *ity*entre continues to be by far the most important commercial location in Kuala

    Lumpur accounting for .%'. percent of the current total commercial land use'

    #0.

    '

    5he growth areas of Eangsa Ma"u and andar 5un Ba7ak have had respectable

    increase in commercial land use which is in accordance with the ob"ectives of the

    KLS2 #$?/' !owever, 9amansara has had moderate growth in commercial landuse and ukit Falil has only developed marginally' t is significant that of the four

    growth areas, only Eangsa Ma"u has a specialisation index in respect of

    commercial land use greater than #'3' 5here has however, been significant growthin commercial land use outside the designated growth areas, in particular in

    Sentul, ukit ndah, Fin"ang and Seputeh'

    !!* I##(e

    G 2reponderance of commercial land use in the *ity *entre@ andG *ommercial growth outside the designated growth areas'

    $4 Ind(#tr!al

    !* E.!#t!n' #!t(at!on

    #00

    '

    5he industrial component of land use is relatively minor and has increased from

    />% hectares in #$?/ to %%0 hectares in .333' Most of the industrial land use isdistributed in Fin"ang, Sentul, ukit ndah and Maluri, which all grew during the

    period' ndustrial land use also grew in the new growth areas of Eangsa Ma"u and

    andar 5un Ba7ak and there has been a significant increase in ukit Falil becauseof the Malaysia 5echnology 2ark'

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    #0/

    '

    Many of the older industrial areas are in a dilapidated state, for example, *han

    Sow Lin and areas along Falan Klang Lama'

    !!* I##(e

    G 9ilapidated industrial areas'

    d4 In#t!t(t!onal

    !* E.!#t!n' #!t(at!on

    #0%

    '

    nstitutional land use which includes government land and military reserve land

    has decreased by #.'% percent from #,?%. hectares in #$?/ to #,4.# hectares in

    .333 and currently accounts for 4'> percent of the total land use' Most of this landis located in Sungai esi Military *amp, atu *antonment, Sungai esi Boyal

    Malaysian Air Corce ase, Ministry of 9efence *omplex (M)9DC& of Falan

    2adang 5embak and the federal government complexes at Falan 9uta andMahameru !ighway'

    !!* I##(e

    G Cuture use of buildings and lands formerly occupied by federal government

    offices'

    e4 Open #pa$e6 re$reat!onal and #port# 7a$!l!t!e#

    !* E.!#t!n' #!t(at!on

    #04

    '

    =pen space, recreational and sports facilities land use includes city park, district

    park, neighbourhood park, local park, local play area, sports complex, golf course,

    polo field and as well as forest reserves' 5otal open space, recreational and sportfacilities land use has increased significantly by #4$'4 percent from %?4 hectares

    in #$?/ to #,%?3 hectares in .333, although there has been a steady decline inpublic open space in the *ity *entre largely because of conversion to other uses'

    #0>

    '

    Ma"or open spaces in the *ity *entre comprise the public open spaces of 5aman

    5asik 2erdana, ukit )anas and the Kuala Lumpur *ity *entre 2ark (KL**&totalling 03# hectares' 2enchala contains the largest amount of open space,

    recreational and sport facilities totalling /?4 hectares comprising mainly the ukit

    Kiara otanical Harden, ukit Kiara D6uestrian 2ark, Kiara Eest -alley 2ark,

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