Wednesday, March 6, 2013

Pole is Structure

At the recent ruling by High Court on the case of Beta Tegap Sdn Bhd vs Sepang Municipal Council over the issue of AES, the Court ruled that erecting pole is considered a structure for which development is committed. With this interpretation, it means planning permission under Town and Country Planning Act, 1976 and building plan approval under the Street, Drainage and Buildings Act, 1974 are applicable. Anyone intends to put up any structure regardless of the size, side or use is required to obtain permission first. The arguemnt over the need for submiting planning permission application for constructing a detached house or an outdoor signboard or a hoarding or a fencing does not arise any more. It is the obligation of the project proponent to adhere to the requirement of the law. While many might cited the administrative burden and extra load on the submission, this should not become a valid arguement. Submitting application for planning permission will allow local planning authorities to impose conditions they think fit and to suite the need of local circumstances. For example, conditions imposed for building a house in the flat area and a hilly area is definitey varied. The clearance is welcomed.

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