DCP 6203 – LAW AND PLANNING PRACTICE

NUR ATIQAH BINTI AZMAN 03DPW16F1059

SITI SAFIAH BINTI ABDUL RAZAK 03DPW16F1017

SITI NOOR ZILAWATI BINTI MINHAD 1

INTRODUCTION

In some cases when the application for

planning permission is refused, the land in
question is no longer feasible to use.

Additionally the land may have been allocated

for reclaim and so the landowner can not sell
the land.

In order to overcome this situation, Section

Vll Act 172 provides for the notice of
purchase.

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Section 37 (1) provides for a person who Pursuant to section 37 (2) upon submission
finds that his land is no longer feasible to of the application, the relevant landlord
use as a result of: shall enclose:

The rejection of the application for

planning permission on the grounds A statement of the facts and reasons
that the land has been shown in the to support the claims in the notice
development plan as a proposed land
for public purposes

Compliance with the notice of demand Copies of any documents available,

served on it under section 30. including affidavits that may provide
evidence of such facts and reasons.

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Section 37 (3)
• shall apply when the local planning authority receive a claim
in the notice purchased from the landlord involved then the
authority shall investigate whether the claim is reasonable or
not.
Section 37 (4) enables the local planning
authority to refuse the purchase notice filed
by the landlord if:
• (a) it is dissatisfied that the notice of purchase is in the
prescribed form in the rules
• (b) it is dissatisfied that the notice of purchase has been
prepared or served in the manner prescribed in the rules.

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Section 37 (7) provides for the procedure of making an assessment of the amount of
compensation required to be paid for land acquisition. Estimated amount of compensation shall
be calculated:

(a) As if it was not shown in the development plan as a

proposed land for public purposes and in fact not so
proposed

(b) As if the notice of demand served under section 30 in

respect of the land was not served and the notice was
not complied with.

This provision is intended to ensure that it is in line with the

provisions of the Land Acquisition Act 1960.

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