Development Control System

for Reclamation Development in Malacca

Mohammad Yusup, Nor Syafaah Ishak,

Ahmad Fuzi Arshad, Yusfida Ayu Abdullah

Faculty of Architecture, Planning and Surveying,

Universiti Teknologi MARA Shah Alam, 40450 Selangor, Malaysia.

mohammady10@gmail.com

Abstract
It is apparent that the weakness in coastal reclamation development in Malacca includes the
incapability of the existing laws regarding guiding the delivery of development, and the lack of
comprehensiveness of the present development plan causes the inefficiency of the planning
procedures for development. This paper focuses on the power of planning authorities, related laws, as
well as the development control instruments in relation with development within reclamation area. This
study will directly contribute to the effectiveness of administration and development control system to
assist Malacca towards a systematic and efficient way of planning and development for coastal
reclamation.

Keywords: Planning Administration; Development Plan; Development Control; Coastal Reclamation

eISSN: 2398-4295 2016. The Authors. Published for AMER ABRA by e-International Publishing House, Ltd.,
UK.. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-
nd/4.0/). Peerreview under responsibility of AMER (Association of Malaysian Environment-Behaviour
Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-
Behaviour Studies), Faculty of Architecture, Planning & Surveying, UniversitiTeknologi MARA, Malaysia.
https://doi.org/10.21834/ajbes.v1i4.39

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1.0 Introduction
Coastal reclamation by means of expanding the boundary and widening the territory
provides good opportunities to the small state or countries that are facing problems
especially increasing in population and high demand for residential area (Win and Choa,
2004). Coastal reclamation is a method that is used to create a new landform ocean into a
state which it can be useful for human benefits (Moore, Fox and Elliot, 2003). This shows
that coastal reclamation is important especially to increase land supply and helps to provide
a new land to fulfill the demand for human interest. This is because the land resources had
become more limited (Nadzir, Ibrahim, and Mansor, 2014).
This paper focuses on coastal reclamation development process in Malacca. The study
area is located within Tanjung Kling and Telok Mas and the reclamation development was
concentrated along the coastal areas of the Straits of Malacca includes Pantai Klebang,
Pekan Klebang, Taman Kota Laksamana, Pulau Melaka, Permatang Pasir Permai and
Telok Mas. The study area was under the administration of Malacca Historical City Council
(MBMB). MBMB is the only local authorities in Malacca that involved in coastal reclamation
developments projects (Malacca Historical City Council, 2015). As consequences of rapid
development and in line with the achievement of UNESCO World Heritage City, the city of
Malacca is required to maintain this status as an obligation toward guideline set up by
UNESCO. As one of the World Heritage City, the city of Malacca facing problems regarding
rapid urban development. Thus, the city of Malacca unlike other cities in Malaysia is
developed with low-rise building because most of the heritage buildings located in the town
centre of Malacca. Due to this limitation and high demand for settlement, commercials and
increase of population, city of Malacca seeks solutions regarding this matter (Malacca Town
and Country Planning, 2015). It appears that the coastal reclamation is the most suitable
solution for the time being.
The study evaluates the provisions of laws and policies that relates to planning
administration and development control for coastal reclamation development. It examines
the structure and function of planning authorities and the involvement of the stakeholders in
developing the coastal reclamation area. The study also reviews on the provision of
development plan system and development control process for coastal reclamation
development. The outcome of this study expected to enhance the planning and
development for coastal reclamation development in Malacca especially in the aspects of
legal framework, administrative system, development plan and development control system.

2.0 Literature Review

Coastal reclamation is the process of creating a new vacant land from sea or riverbeds
(Ning, Ming, Lee and Yin, 2010). The coastal reclamation development provides a good
solution and well-managed in terms of physical, social and economic development in
fulfilling human needs (Maryati, 2012). Furthermore, this type of development provides an

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opportunity to expand the land for human benefits in a variety of purposes (Win and Choa,
2004). In Malacca, most of the reclamation projects is to develop residential and
commercial or mix development (development for an industrial area is not allowed on
reclaimed land in Malacca) (Malacca Economy Planning Unit, 2015). This action was to
meet the demand for development and reduce population pressure. At the same time, it
also can be one of the tools that can attract foreign investment to increase and strengthen
the economy of Malacca and Malaysia.
Malaysia has an extensive laws and policies related to the land development as
guidance. National Land Code (NLC) 1965, Town and Country Planning Act 1976 (Act 172)
and Local Government Act 1976 (Act 171) is main legislation used in facilitating
development in Malaysia. In planning aspects, National Land Code (NLC) 1965 helps in
standardising the tenure systems and land matters in Malaysia, especially in Peninsular
Malaysia. While, Act 171 outlines the form, organisational structure, duties and
responsibilities of local government as whole especially responsibility in the affairs of the
town and country planning. Act 172 plays a vital role as guidance towards a uniform law
and development especially in a development plan and development control system, and it
is designed to overcome the shortcomings of planning in Malaysia.
In Malaysia, the planning administration consists of three levels namely Federal
Government, State Government and Local Authority. Each level has own roles and
responsibilities, especially in physical planning. Federal Government is responsible in policy
formulation, planning, implementation, coordination and evaluation in governing Malaysias
towards a good physical development (The Commissioner of Law Revision, 2014). The
State Government responsible for the land matter and Local Authority is the one that
responsible for planning, coordinating and controlling the use as well as the development of
land and buildings within their area. Good practice in planning administration helps in
governing the development (The Commissioner of Law Revision, 2014). Implementation by
the lower planning authority is significant to improve efficiency in planning administration
(Yusup, 2013).
The development plan is the instrument used to guide future development, and it is
important as one of the mechanism in development control system (Yusup, 2013). It also
enables Federal and State Governments to assist the Local Planning Authority (LPA) to
produce a comprehensive and systematic development of public interest (Yusup, 2013).
There are four main development plans that help in guiding Malaysias towards good
physical planning includes National Physical Plan, Structure Plan, Local Plan and Special
Area Plan (The Commissioner of Law Revision, 2014). In the development of coastal
reclamation, it is important to have good and comprehensive Structure Plan and Local Plan
to avoid future conflict (Malacca Town and Country Planning, 2015). Structure Plan explains
the details of the development framework for the particular state. It is used to guide the
development for the whole state (Yusoff, Yusof and Arshad, 2014). Besides, Local Plan is
the plan that explains most of the action plan at a local level. This plan is used to execute
the general policies and development frameworks that have been directed at national and

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state level. Every development plan functions as a guideline and reference in every aspect
of the urban planning (The Commissioner of Law Revision, 2014). Hence, this is important
to understand each function of a development plan as a way of improving the current
practices for coastal reclamation development in Malacca as well as Malaysia.
In Act 172, the development control system is provided under Part IV. Development
control is a process of accessing and processing planning application before the planning
permission is granted for land development. According to Arshad (2010), the development
control is a method of giving license or consent for any development activity or any material
change to the land and building. The legal aspect, planning policy, public objection and the
local planning authority implementation will be considered before granting the planning
permission in the development control system. Development control consists of two main
mechanisms that are the statutory development control mechanism and non-statutory
development control mechanism (Arshad, 2010). The statutory development control
mechanisms are formed by the legal provision and approval procedure by the authority,
whereas the statutory development control mechanisms are the gazetted and approved
documents by the legal procedure. Apart from that, the statutory development control is
usually prepared by systematic procedure and approval period (Arshad, 2010). While, non-
statutory development control mechanisms are the non-gazetted documents used for the
purpose of planning development control. This development control mechanism supports
the statutory development control mechanism and eases the implementation of
development control. The purpose of a development control system in urban planning is to
create a better physical environment for the society.
At present, Malacca also recognised as one of the states that actively practicing coastal
reclamation. However, Malacca currently facing with problems regarding coastal
reclamation development involves the inefficiency of planning administration system,
incapability of development plan system and unresponsive development control system
(Malacca Town and Country Planning, 2015). MBMB is the responsible planning authority in
facilitating the planning permission for land development. In making the decision concerning
planning permission, MBMB are required to refer to gazette Central Malacca Local Plan
2003-2015, which has been gazetted on 14 August 2008 (Malacca Historical City Council,
2015). In spite of this, the existing local plan, it has no clear zoning for the proposed
development on coastal reclamation area (Malacca Town and Country Planning, 2015).
This may lead to conflicts of land use and the public interest. Without a proper plan, land
use zoning and specific guidelines for coastal reclamation development, it leads toward
conflict of land use, infrastructure and monitoring of the development by the local authority.
This research expected to contribute indirectly to the better decision-making process for
MBMB in planning permission.

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3.0 Methodology
The research design for the study is a case study as it is the most suitable approach for this
study in the attempt to improve the planning administration and development control
process for the coastal reclamation development. Face-to-face interview with related
government agencies was used to collect the primary data. The primary data includes the
issues and problems with regards to development control process, opinions and
suggestions by the related authority and stakeholder involved in the coastal reclamation
planning and development process. It provides views and thoughts on the provision in the
local plan of Malacca city and recommendation and views on planning approval process.
Meanwhile, secondary data collection will cover the official documents that include the role
and function, local plan, the procedure of planning permission and approval condition of
planning permission. It will look into the State Government development policy and
geographical information concerning the study is gathered throughout the study. The
content analysis was used in the analysing all the data before any recommendation and
proposal could be made.

4.0 Results And Discussions

The following findings listed as guidance to the provision of appropriate recommendations
especially in improving and enhancing the planning administration and development control
process for coastal reclamation development in Malacca.
There are some cases in the coastal reclamation plan for the development that is not
legally provided (Malacca Town and Country Planning, 2015). For example, there are
issues when some of the developers that have already started the land work, even
though their application for planning permission had not yet being approved by the
Committee set up by the State Government (Malacca Economy Planning Unit, 2015).
It is clearly stated in Section 19, under Act 172 that they are prohibited from doing any
development without getting planning permission but, this process is being ignored by
some of the developers. Thus, the parties involved need to take an action regarding
this issues because if this situation continuously happen, this will result in infirmity of
the physical planning system as well as giving impact on the power of State
Government and Local Authority. This matter can be improved by putting the law as
the top priority in planning for any development.
Local authority responsible for coastal reclamation development in Malacca is MBMB,
and its boundary has been gazetted under Central Malacca Local Plan 2003-2015
(Malacca Historical City Council, 2015). In Section 3 of Act 171 stated the declaration
and determination of the status of local authority areas. This includes the declaration of
any area that is under State Government to be under local authority area and assign
the name of that local authority area as well as define the boundaries. Since the
coastal reclamation area is located outside the boundary of the local authority, it

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creates a dispute between related agencies particularly in facilitating the development.

Thus, according to this circumstance, there are legal implications toward the current
practice.
Central Malacca has gazetted their local plan by State Government but, coastal
reclamation area or newly reclaimed areas are still not fully covered by structure plan
or local plan (Malacca Historical City Council, 2015). The existing development plan
includes structure plan, and local plan is out-dated and less comprehensive in detailing
on the coastal reclamation development. The failure of the development plan as a
legislative document to be referred will result in shortcomings in the future
development planning. Overall in the development plan in Central Malacca have no
clear policy in the development of coastal reclamation as one of the ways that
generate the economy of Malacca. The planning for coastal reclamation in Malacca
can be classified as an ad-hoc development, and this shows that the planning is
conducted not accordance with policies in Malacca development plan. Due to that,
Malacca new local plan should be reformed by the provisions of Section 16 (1) Act
172. Apart from that, the development of coastal reclamation can be considered as
rapid development and Special Area Plan should be created in guiding the
developments includes the policies and procedures provided in National Physical Plan
for Coastal Zone (NPP-CZ).
In Central Malacca Local Plan, the reclamation area located within Planning Block I
and III. But, in the local plan, it is only stated some of the guidelines for the application
of coastal reclamation and the detailed content about coastal reclamation is
incomplete (Malacca Town and Country Planning, 2015). This matter can cause
problems related to the planning application process and development control process
in the future because there is no details for the procedure, process, guidelines, zoning
and master plan for coastal reclamation area. The content of guidelines for coastal
reclamation in the local plan is incomprehensive for Local Planning Authority to control
the development of reclamation area. The development control cannot be done in
details as results of the existing development plan are incomplete. This study was
conducted to improve and ensure the effectiveness of coastal reclamation
development towards future sustainable developments in the context of planning
administration and development control in coastal reclamation in Malacca. In settling
this problem, Malacca Town and Country Planning can create a specific guidelines
concerned in controlling the density and height of the development on reclamation
area. Special zoning for reclamation area also can be created through the gazetting
the Special Master Plan for reclamation area in Malacca includes the specific plan for
utility lines and infrastructure for the whole development on reclaimed land. The
following recommendations and proposals intended to overcome the problem exists
towards an efficient administration and development control system for coastal
reclamation.

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5.0 Recommendation
The following recommendations and proposals intended to overcome the problem exists
towards an efficient administration and development control system for coastal reclamation
development.

5.1 Develop Strategic Policies for Coastal Reclamation

In relation to coastal reclamation, strategic policies should be introduced and recommended
to have positive impacts in the future. The recommended policies are; (i) coastal
reclamation is only allowed to be developed for the project that has been identified and
agreed by State Government and National Physical Planning Council; (ii) development of
coastal reclamation must comply with the National Physical Plan Policy (Coastal Zone) and
Integrated report Shoreline Management Plan, (iii) the designs of the reclaimed area will be
determined by the detailed study of EIA and hydraulic study and must be approved by the
State Planning Committee; (iv) maintaining and replacing public beach waterfront reclaimed
through beautification of the area, provision of open space for recreation, sightseeing and
picnicking; (v) the development of the coastal reclamation must be integrated with the
surrounding development and; (vi) ensure that the reclaimed land is allowed to be
developed before the permission is granted or gazetted. The proposed policies can be
included in the planning process for coastal development to ensure a balanced planning for
development continuously serve for current and future benefits.

5.2 New Procedures For Coastal Reclamation Development

The new procedure for coastal reclamation development should be introduced especially in
enhancing Malacca coastal reclamation planning process. The planning process is
important as guidance for the planning authorities and developers to refer in approving and
proposing new projects. This is a mechanism for planning authorities to control the
development especially an excessive development of coastal reclamation in Malacca. The
procedure is to facilitate the process of planning permission at Local Authority level.

5.3 Alteration of Malacca Development Plan

According to the provisions from Section 11 (Act 172), structure plan is subject to be
reviewed in every five years. Malacca Structure Plan was enacted in 2005 and up until now
it has not been revised. The structure plan is very important to show the development of the
whole area of Malacca especially in proposing a new development that needs to be based
on the zoning and in line with the existing surrounding development. The structure plan is
proposed to be revised once again due to the rapid development that faced by Malacca as a
result of an ad-hoc planning and it is not based on the structure plan. Besides, Central
Malacca Local Plan is also proposed to be revised and replace with a new local plan
because the existing local plan only covers proposal up to 2015. The existing local plan
does not cover full aspects of the coastal reclamation area such as the zoning, policy,

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standards, guidelines and no master plan of the area. The proposed local plan must be in
line with structure plan because the planning for coastal reclamation should be taken into
the consideration on the policies of Malacca Structure Plan. Zoning for coastal reclamation
area is necessary to ensure and control the proposed development because all the
development must be based on the zoning that has been stated in the structure and local
plan. Every application for new development through planning permission can be controlled
in terms of land use planning and type of development ensuring that there will be no conflict
of land use and type of development may happen in the future.

5.4 Details of Coastal Reclamation Master Plan

The provision of the master plan will help State Government and Local Authority to cover all
aspects that need to be covered such as the area, administration, policies, standards and
guidelines for coastal reclamation. This is one of the development strategies that should be
vital for the State Government and MBMB to plan for the current and future towards a
balanced and sustainable coastal reclamation area. Master plan can serve as a control
mechanism and a tool for development control.

5.5 Formulate Planning Guideline for New Reclaimed Area

The guideline is important to ensure the uniformity of the development as well as the
efficiency of the proposed guidelines in standardising and controlling the development.
Currently, there is no guideline pertaining to the development on coastal reclamation area.
The guideline should emphasis on the technical aspect the building and standard for
planning purposes. This guideline will be useful to all stakeholders in the development
process on the reclamation area.

6.0 Conclusion
The improvement of current development control process in coastal reclamation including; i)
establishment of new policy and guideline; (ii) new boundary for MBMB to be gazette; (iii)
alteration of development plan; and (iv) new procedure in planning permission process.

Acknowledgement
This paper was funded by Research Management Centre (RMC) of Universiti Teknologi
MARA, Malaysia in collaboration with Ministry of Higher Education Malaysia for their
funding for this research under Research Acculturation Grant Scheme (Grant 600-
RMI/RAGS 5/3 (135/2014).

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