Development order

(Laws of Malaysia)

22. (1) The Commissioner shall have power exercisable at hisdiscretion to grant planning permission or to refuse to grant planningpermission in respect of any development irrespective of whether ornot such development is in conformity with the development plan;provided however the exercise of the discretion by the Commissionerunder this subsection shall be subject to subsection (4) and section 23.

(2) Where the Commissioner decides to grant planning permissionin respect of a development he may issue a development order—(a) granting planning permission without any condition inrespect of the development;(b) granting planning permission subject to such condition orconditions as the Commissioner may think fit in respect ofthe development:Provided that the Commissioner shall not issue a development orderunder this subsection unless he is satisfied that the provision ofsection 41 relating to the assessment of development charges has beencomplied with.

(3) Without prejudice to the generality of paragraph (2)(b), theCommissioner may impose any or all of the following conditions—(a) to the effect that the development order granting planningpermission in respect of any change of use of land or buildingis only for a limited period and after the expiry of that periodthe use of the land or building as authorized under suchdevelopment order shall cease to have any effect and theland or building shall be reverted to its original use; and(b) to regulate—

(i) the development and use of any other land which isunder the control of the applicant and which isadjoining the land for which planning permission isto be granted for the development thereof; and

(ii) the works that may be carried out on such other landin the manner and to the extent as may appear to theCommissioner to be expedient with regard to thedevelopment for which planning permission is to begranted.

(4) The Commissioner in dealing with an application for planningpermission shall take into consideration such matters as are in hisdiscretion expedient or necessary for purposes of proper planning andin this connection but without prejudice to the discretion of theCommissioner to deal with such application, the Commissioner shallas far as practicable have regard to—

(a) the provisions of the development plan and where the localplan has not been adopted, the Comprehensive DevelopmentPlan; and(b) any other material consideration:Provided that, in the event of there being no local plan for an areaand the Commissioner is satisfied that any application for planningpermission should not be considered in the interest of proper planninguntil the local plans for the area have been prepared and adopted underthis Act then the Commissioner may either reject or suspend theapplication.

(5) Upon the receipt of an application for planning permission theCommissioner shall within such time as may be prescribed either grantor refuse the application and when the application is granted subjectto condition or refused, the Commissioner shall give his reasons inwriting for his decision.

(6) Where a development order is granted, whether with or withoutconditions, it shall be conveyed to the applicant in the prescribed form.

IntroductionLocal 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.