Legislation related to Urban Regeneration:

the Malaysian Experience

Jalan Sultan, Singapore

Definition of REGENERATION

1.1: an act or the process of regenerating : the state of being regenerated

2.2: spiritual renewal or revival

3.3: renewal or restoration of a body, bodily part, or biological system

(such as a forest) after injury or as a normal process

4.4: utilization by special devices of heat or other products that would

ordinarily be lost

Urban regeneration is the attempt to reverse thatdecline by both improving the physical structure,and, more importantly and elusively, the economyof those areas.

In all regeneration programmes, public money isused as an attempt to pump prime privateinvestment into an area

In the most developed economies, the goal of URis to promote a “return to the city”, revitalise thecity centre, restore activity in a fiercelycompetitive international context, and implementinitiatives to improve the quality of theenvironment operating in a wide sense towards asmart growth.

http://www.pap-thecoastcentre.org/pdfs/Urban%20Regeneration.pdf

Primary Objectives

of UR

economic: to attract investors, create employment, renew the

urban economy (as in the case of former industrial cities, e.g.

Manchester)

social: to enlarge the supply of urban housing and develop local infrastructure (“politique de la

ville” in France)

environmental: to improve living conditions, combat pollution

(Agenda 21), while taking into account the values and

preferences of society and each social group

cultural: to enhance architectural heritage (historic core) and urban tourism, or to attract research and

academic institutions (e.g. Alexandria)

http://www.pap-thecoastcentre.org/pdfs/Urban%20Regeneration.pdf

The collapse of Britain's industrial

and manufacturing economy has

left many inner city areas blighted

by unemployment, riddled with

poor housing and socially

excluded from more prosperousdistricts.

Urban regeneration is the attempt to

reverse that decline by both improving the

physical structure, and, more importantly

and elusively, the economy of those areas.

In all regeneration programmes, public

money is used as an attempt to pumpprime private investment into an area.

Because regeneration schemes often take

years to complete, by the time they have

finished the government programme that

initially funded them has usually been

replaced. This means that current

programmes are often confused with pastprojects.

One important trend has emerged

over the years: the earlier projects

tended to focus on physical

regeneration, usually housing,

whereas later programmes have

attempted to stimulate social andeconomic regeneration.

The Toffee Factory, Newcastle : Ouseburn BuildingWork space at Lower Steenberg’s Yard, north east England –by xsite architecture

http://www.e-architect.co.uk/newcastle/toffee-factory-ouseburn

This is a part of Bilbao

that has undergone

urban renewal to have

a much better and

newer look. On the

before side,

everything looked run

down and dirty. On the

after side, there are

new buildings, roads,

and green areas, and it looks a lot better

Urban Renewal's

insight, 2015

the aim of this project is to

understand the processes of

reform and transformation the

villa of Bilbao has sufferd

between the decades of 1980

and 1990, during his

restructuring, and that have

supposed for the city a

definitive step: being a

society dedicated almost

exclusively to the industrial

sector, to services turning into

an agile economy based on

the sector and into the

tourism.

https://csanchezlarrauri.wordpress.com/

Mural painting in Penang

Revitalisation project of back lane at Kampung Cina, Kuala Terengganu

Community support cleanliness

Tourist attraction

Increased urbanization trends & regional competitiveness increased urbaninhabitants/population in urban area pressure to environment (scarcity of land andexisting facilities to maintain its capacity)

Rich in history as strong industrial city decline due to urban sprawl (encourage the use ofprivate vehicles), changing of industrial focus (less polluted, services-oriented, etc)

Rich in history – architecture significance in the past, monuments used to be populartourist areas

Underutilisation of urban infrastructure in the centre and overburdened infrastructures in theperiphery

Environmental degradation taking the form of deteriorating air quality, rising noise levels, lossof open space, and increased vulnerability of natural and man-made amenities.

http://www.pap-thecoastcentre.org/pdfs/Urban%20Regeneration.pdf

Imposed regeneration after a long period of abandonment of derelict land (e.g.London Docklands), or severe dilapidation of living conditions in a district.

Opportunistic regeneration where public and private investors are on thelookout for available land for a big project (e.g. Bandar Malaysia).

Preventive or prospective urban regeneration in areas where the social andeconomic fabrics have deteriorated (e. g. Aleppo, Alexandria).

Degraded and over populated city centres needing complex urban renewal andredevelopment,

Under–utilized urban land on potentially most valuable locations (waterfront andharbour areas) necessitating increased land-use efficiency through the initiation ofland recycling, in–fill development and re–development of underutilisedwaterfront area,

Declined or abandoned industrial or military areas as a result of economicrestructuring and global de–industrialization making necessary the promotion oflocal economic development based on restructuring and privatisation, theattraction of foreign investments and transfer of technology,

Peripheral, illegally built residential areas of poor standard demanding efficientinfrastructure and open spaces.

http://www.pap-thecoastcentre.org/pdfs/Urban%20Regeneration.pdf

Analysis of current situation (SWOT)

Formulation of goals & objectives

To promote rehabilitation? To improve the environment? To preserve valuable

urban fabric?To reduce urban deterioration? Re-

structuring economy?

Developing strategies

Planning for UR

Key planning intervention? Location specific? Financial scheme? Organisational structures?

Control of land? How land is purchased? Conduct spatial

planning and programming (zoning and land uses)? Specific area plans?

Institutional Arrangements

Who will made the decisions? Planning obligations? PPP? Participation?

Results & evaluation

Benefits vs costs? Anticipated impacts?

http://www.pap-thecoastcentre.org/pdfs/Urban%20Regeneration.pdf

A good legislative basis is often necessary to overcome rigidities in set patterns ofrelationships and decision making.

Enabling special legislation is often necessary in two aspects: setting the public-private partnership interface (development regulation, development rights,economic instruments, etc.), and supporting the process and related decisionmaking.

Neither is an easy endeavour, and experience shows that it takes a lot of time toprovide the legal framework for urban regeneration.

Because different legislation might be needed at different stages/levels of UR.

Institutional:

complex and outdated urban management framework

poor implementation of policies/regulations

overlapping responsibilities between agencies

Element Related Acts

1 Local Government • Akta Kerajaan Tempatan 1976 (Akta 171)

• Akta Perancangan Wilayah Persekutuan 1962 (Akta 267)

• Akta Lembaga Pembangunan Langkawi 1990 (Akta 423)

• Akta Perbadanan Labuan 2001 (Akta 609)

• Enakmen Lembaga Bandaran (Cap 137)

2 Land matters • Kanun Tanah Negara 1965 (Akta 56)

• Akta Pengambilan Tanah 1960 (Akta 486)

• Akta Hakmilik Strata 1985 (Akta 318)

• Akta Pemeliharaan Tanah 1960 (Akta 385)

3 Building • Akta Jalan Parit dan Bangunan 1974 (Akta 133)

• Undang-Undang Kecil Bangunan Seragam 1984

4 Environment • Akta Kualiti Alam Sekeliling 1974 (Akta 127)

5 Infrastructure and Utilities • Akta Bekalan Elektrik 1990 (Akta 447)

• Akta Perkhidmatan Pembentungan 1993 (Akta 508)

6 Housing • Akta Standard Minimum Perumahan dan Kemudahan Pekerja

1990 (Akta 446)

• Akta Pemaju Perumahan (Kawalan dan Perlesenan) 1966

(Akta 118)

---continues

7 Services • Akta Perkhidmatan Bomba 1988 (Akta 341)

• Akta Pusat Jagaan 1993 (Akta 506)

8 Heritage • Akta Benda Purba 1976 (Akta 168)

• Akta Warisan Kebangsaan 2005 (Akta 645)

Source: BicaraPakKebun.blogspot.com

> 20 acts

http://www.kkmm.gov.my/akta_kpkk/akta%20warisan%20kebangsaan%202005.pdf

http://www.heritage.gov.my/download/Garis%20Panduan%202012/Garis%20Panduan%20Pemuliharaan%20Bangunan%20Warisan.pdf

Big Q: this is just a list of acts? how

about number of agencies? jurisdiction?

enforcement?

Guideline for conservation of heritage buildings (National

Heritage Department)2005 National Heritage Law

Lihat kandungan Akta 645 dan GP

Fahami perbezaan istilah:

• Warisan (heritage)

• Pemuliharaan (preservation)

• Pemeliharaan (conservation)

• Menghidupkan semula (regeneration) maintain, adaptive use, infill (small scale), totally new (larger in scale), brownfield

In Malaysia, relevant acts which focusing on urban conservation activities

(preservation of area, site and heritage buildings) are Akta Benda Purba

1976 (Akta 168) and National Heritage Act 2005 (Act 645).

From a wider aspect of urban conservation, some sections of Act 172 cannot

simply be undermined

Even though Act 172 did not give power to specific parties to gazette and to

buy/rent/acquire heritage buildings, some content of Act 172 still give some

advantages for a heritage building to be conserved and maintain, given theexisting statutory to be carried out accordingly.

Development Plan

Town and Country Planning 1976 (Act 172) introduced

“development plan system”

Under this system, National Physical Plan was prepared by

the Director General of TCPD, State Structure Plan

(Director General of State) and Local Authority will preparethe District Local Plan

Proposal on Urban regeneration / redevelopment / new development

Planning permission

• Reports (EIA, TIA, SIA, LCP, etc)• Charges

Comply to various acts/guidelines

Comply with development plans

(RS, RT, RKK)

PBT /PBPT (Local Authority)

Proceed

Accept

Reject

Very powerful!

Future challenge urban legislation and regeneration need to address issue of climate change + disaster risk reduction (urban conservation and heritage that resilient to disaster, natural and man induce)

26 April 2015, Nepal

KHAIRUL HISYAM KAMARUDIN, PHD

Lecturer/Researcher in Planning (Rural Development & Sustainable

Tourism)

UTM Razak School of Engineering & Advanced Technology

UTM Kuala Lumpur

Email: khkamarudin@gmail.com / khisyam.kl@utm.my

Website: http://khairulhkamarudin.wordpress.com

Thank you