Saturday, January 22, 2011

Zoning and Land Restriction

Can a land owner develop a piece of land according to his desire? This is the question raised so frequently in the paper nowadays. It was reported that residents of USJ objected to a developer's proposal to develop a 5 storey commercial building on a commercial titled land recently. Similarly, residents objected to the development of privately-owned Subang Ria Recreational Park even though the development is meant for leisure and recreational-related commercial activities. Can this be stopped?

Presently, category of land use and express condition of the land title is the basis for type of development whereas the local plan will indicate intensity and use class order of development. For example, if the land title stated a piece of land is for commercial, then it must read together with the diagram in the local plan. Zoning under commercial category can be classified for shop house, petrol station, private college, medical centre, shopping complex or even hypermarket or office tower. Accordingly, land owner cannot develop as he likes without referring to the allowable use under the local plan.

Thereby, planning to the detail of indicating zoning, intensity of use and even traffic management scheme is very important and must be synchronised each and other as any contradiction between any of them even a minus one will become a major problem for development.

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