Planning act seminar

TOWN AND COUNTRY
PLANNING ACT 1976
(ACT 172)
& ORDER

CONTENT:
1. Development Order
2. Town and Country Planning Act 1976
(Act 172):
i. PART II - Policy and Administration
ii. PART III - Development Plans
iii. PART IV - Planning Control
iv. PART VA - Tree Preservation Order
v. PART VI - The Appeal Board

DEVELOPMENT ORDER
What is Development Order?
A permission (written) from the Local Planning Authority
(PBPT).
Approval of planning permission is required after the
approval of land conversion is obtained, which is before the
building plans process continued.
No limit to the amount of land exempt
from planning permission, although the land
is less than 1 acre.
land planning building
conversion permission plans
approved approved process

Who give planning permission?
A planning permission granted by local planning authority
(PBPT) for the area.

For the area in a municipal / county council / local council,
planning permission issued by the relevant authority which is
PBPT area, under subsection 5 (1).

For areas outside of a local authority, planning permission is
operated by the Department of Town and Country Planning
(Town and Country Planning) State which is PBPT for areas
outside the Local Authority, under subsection 5 (2).

The decision by local authorities is often made by a full
meeting (municipality or county).

PART II
POLICY AND
ADMINISTRATION

PART II
POLICY AND ADMINISTRATION
3. General planning policy
Subject to Clauses (5) and (6) of Article 91 of the
Constitution, the State Authority shall be responsible for the
general policy in respect of the planning of the development
and use of all lands and buildings within the area of every local
authority in the State; and the State Authority may, in or for
the purpose of discharging the responsibility of the State
Authority under this section, from time to time give to the
Committee or any local planning authority directions of a
general character not inconsistent with the provision of this
Act, and the Committee or local planning authority shall give
effect to such directions.

=
local local
5. Local planning authorities planning authority
authority
(1) Every local authority shall be the local planning authority
for the area of the local authority.

(2) For any area in the State that does not form part of the area
of any local authority, the State Director shall be the local
planning authority, and references to the “local planning
authority” in this Act shall be deemed to include the State
Director whenever he performs the functions of the local
planning authority in relation to that area.

(3) (Deleted by Act A1129).

(4) A local planning authority shall furnish the Committee with
such returns and information relating to its activities as the
Committee may from time to time require.

6. Functions of local planning authorities
(1) The functions of a local planning authority shall be—

(a)to regulate, control and plan the development and use
of all lands and buildings within its area;

(b)to undertake, assist in, and encourage the
collection, maintenance, and publication of
statistics, bulletins, and monographs, and other
publications relating to town and country planning and
its methodology; and

(c) to perform such other functions as the State Authority or
the Committee may from time to time assign to it.

(2) A local planning authority may perform any other
functions that are supplemental, incidental, or consequential
to any of the functions specified in subsection (1) and do all
such things as may be necessary or expedient for carrying out
its functions under this Act.

PART III
DEVELOPMENT PLANS

15. Approval or rejection of draft local plans
(1) After the expiry of the period afforded for making
objections to or representations in respect of a draft local plan
or, if such objections or representations have been duly made
during that period, after considering the objections or
representations, the local planning authority shall submit the
draft local plan or the draft local plan as modified so as to take
account of the objections or representations or of any matters
arising therefrom, to the Committee for its approval.

(1A) The Committee may, after considering a draft local plan
submitted to it, either approve it, in whole or in part and with
or without modifications, or reject it.

(1B) In considering the draft local plan, the Committee may
take into account any matters that it thinks are relevant,
whether or not they were taken into account in the plan as
submitted or resubmitted to it.

(1C) The Committee shall submit the approved draft local plan
to the State Authority for the assent of the State Authority, and
upon the assent being given the plan shall come into effect.



(4) The local planning authority shall cause the assent of the
State Authority to a draft local plan to be published in the State
Gazette and in at least two local newspapers, one of which
being in the national language, together with the marking by
which the plan may be identified and a statement of the place
where the plan may be inspected.

(5) A local plan shall conform to the structure plan but if at any
time after a local plan has come into effect there exists a
difference in the provision between the local plan and the
structure plan for the State, and the Committee is satisfied that
this is due to the structure plan for the State being out of date,
the Committee shall refer the difference to the State Authority
for its decision.

(6) If the State Authority is satisfied that the difference is in
fact due to the structure plan of the State being out of date,
the State Authority shall, by notification in the State Gazette,
declare that the local plan shall prevail over the structure plan
as regards to that particular provision.

16B. Special area plan
(1) At any time during the preparation or upon the coming into
effect of a structure plan or a local plan, a State Director or a
local planning authority, on his or its own initiative or as
directed by the Committee, may submit to the Committee a
proposal for the designation of a special area for special and
detailed treatment by development, redevelopment,
improvement, conservation or management practice, or partly
by one and partly by another method, of the whole or part of
such special area, and the nature of the treatment proposed.

(2) For the purposes of subsection (1), the Committee shall
determine whether it is the State Director or the local planning
authority who shall have the responsibility of preparing a plan
for the special area.

(3) For the purposes of subsection (2), the plan for a special
area shall be prepared in the same manner as the preparation
of a local plan, but there shall be incorporated in such plan
detailed guidance for its implementation and
management, and the plan shall have the effect of a local plan.

The Planning-Control Relationship
Planning Control
1. Establish Objectives 1. Establish standards
2. Determine activities 2. Measure and
3. Delegate compare
4. Schedule tasks 3. Evaluate results
5. Allocate resources 4. Feedback and coach
6. Communicate and 5. Take corrective
coordinate action
7. Provide incentives

18. Use of land and buildings
(1) No person shall use or permit to be used any land or
building otherwise than in conformity with the local plan.

(2) Subsection (1) shall not apply to the use of any land or
building for the purposes described in paragraph 19(2)(d)=> (
for the use of any land or building for a period not exceeding 1
month or such further period as the local planning authority
may allow for purposes of—
(i) a temporary or mobile cinema, theatre, or show;
(ii) a temporary amusement park, fair, or exhibition; or
(iii) a temporary ceremony or festivity of a religious, social, or
other character, and for any development necessary to give
effect to such use;)

paragraph 19(2)(d)

Temporary cinema, exhibition, amusement park….etc

(3) Subsection (1) shall not affect the continuance of the use of
any land or building for the purposes for which and to the
extent to which it was lawfully being used prior to the date
when a local plan first came into effect in the area concerned
or, where there has been a change of local plans or in a local
plan, the date when the change became effective.

21. Application for planning permission
(1) An application for planning permission in respect of a
development shall be made to the local planning authority and
shall be in such form and shall contain such particulars and be
accompanied by such documents, plans, and

fees as may be prescribed.
(2) If the applicant is not the owner of the land on which the
development is to be carried out, the written consent of the
owner thereof to the proposed development shall be obtained
and endorsed on the application.

(3) Where the development involves the erection of a
building, the local planning authority may give written
directions to the applicant in respect of any of the following
matters, that is to say:
(a) the level of the site of the building;
(b) the line of frontage with neighbouring buildings;
(c) the elevations of the building;
(d) the class, design, and appearance of the building;
(e) the setting back of the building to a building line;
(f) access to the land on which the building is to be erected;
and
(g) any other matter that the local planning authority considers
necessary for purposes of planning.

Development of erection of a building
Line of
Setting Frontage with
Access to neighbouring
back
the land building

class, design
Elevation
and
of the appearance of
building the building
Level of the
site

(4) The applicant to whom any written directions are given
under subsection (3) shall amend the plan submitted with
his application accordingly and resubmit the plan within
such period or extended period as the local planning authority
may specify.

(5) If the plan is not resubmitted within the specified period or
extended period, the application for planning permission shall
be deemed to have been withdrawn but the applicant may
submit a fresh application.

Town and Country Planning 39

(6) If the proposed development is located in an area in
respect of which no local plan exists for the time
being, then, upon receipt of an application for planning
permission, or, where directions have been given under
subsection (3), upon compliance with the directions, the local
planning authority shall, by notice in writing served on the
owners of the neighbouring lands inform them of their right
to object to the application and to state their grounds of
objection within twenty-one days of the date of service of the
notice.

(7) If objections are received pursuant to subsection (6), the
local planning authority shall, within 30 days after the expiry
of the period within which objections may be made, hear—
(a) the applicant for planning permission; and
(b) any person who has lodged an objection pursuant to
subsection (6) and who, in lodging the objection, has
requested a hearing.

Neighbouring Lands

lands adjoining the land road, lane, drain or reserved
land the width,<20 metres

200m

Cul-de-sac Road Land boundary
Application Site
Adjacent Site

(8) In this section, “neighbouring lands” means—
(a) lands adjoining the land to which an application under this
section relates;
(b) lands separated from the land to which an application
made under this section relate by any road, lane, drain or
reserved land the width of which does not exceed 20 metres
and which would be adjoining the land to which the
application relates had they not been separated by such
road, lane, drain or reserved land;
(c) lands located within a distance of 200 metres from the
boundary of the land to which an application under this
section relates if the access road to the land to which the
application relates is a cul-de-sac used by the owners of the
lands and owners of the land to which the application relates.

Location
map& site Description
Concept
plan of land

analysis of
Land the social
ownership Development implications
and
restrictions
Proposal Report
Particulars
of building

Form of Land use
vegetation Layout analysis
Plan and effect

*Should be included

21A. Development proposal report
(1) In addition to the documents and plans required to be
submitted under subsection 21(1) for planning permission, the
applicant shall submit a development proposal report which
shall contain the following:
(a) the development concept and justification; 40 Laws of
Malaysia ACT 172
(b) a location map and a site plan;
(c) particulars of land ownership and restrictions, if any;
(d) (i) a description of the land including its physical
environment, topography, landscape, geology, contours,
drainage, water bodies and catchments and natural features
thereon;

(ii) a survey of the trees and all forms of vegetation;
and
(iii) particulars of a building, which may be affected by the
development;
e) a land use analysis and its effect on the adjoining land;
(f) layout plans, the details of which are specified in section
21B; and
(g) such other matters as may be prescribed by the local
planning authority.
(1A) The State Authority may specify that the development
proposal report submitted under subsection (1) in respect of
certain categories of development shall include an analysis of
the social implications of the development for the area which
is the subject of the application for planning permission.

(2) The State Authority may, by rules, exempt any development
or class, type or category of development from submitting—
(a) a development proposal report under subsection (1); or
(b) a development proposal report containing any of the
matters
specified in paragraphs (1)(a) to (g).

LAYOUT
PLAN Local Authority give
directions

the
the
development
development is Applicant amends
involves a
in respect of and resubmits
building
any land
operation

Unavailable resubmit
the in the period, go for
development is fresh application
in respect of a
building

21B. Layout plans

Physical Location and
Natural
Environment species of
Topography
tree (Girth
>0.8m)

Landscape
Development in respect of Open
any land Spaces

Planting of
Tree Description of
Earthworks the work

21B. Layout plans
(1) The layout plans under paragraph 21A(1)(f) shall show the
proposed development and in particular—
(a) where the development is in respect of any land—
(i) measures for the protection and improvement of its physical
environment;
(ii) measures for the preservation of its natural topography;
(iii) measures for the improvement of its landscape;
(iv) measures for the preservation and planting of trees thereon;
(v) the location and species of trees with a girth exceeding
0.8 metres and other vegetation thereon;
(vi) the making up of open spaces;
(vii) the proposed earthworks, if any; and
(viii) a description of the works to be carried out; and

(b) where the development is in respect of a building with special
architecture or historical interest, particulars to identify the building
including its use and condition, and its special character, appearance, make
and feature and measures for its protection, preservation and
enhancement;
and
(c) where the development involves a building operation, particulars of the
character and appearance of buildings located in the surrounding area.

(2) The local planning authority may give directions to an applicant for
planning permission in respect of matters concerning his layout plans as the
local planning authority considers necessary.

(3) The applicant to whom directions are given under subsection (2) shall
amend the layout plans accordingly, and resubmit the layout plans within
such period or extended period as the local planning authority may specify.

(4) If the layout plans are not resubmitted within the specified period or
extended period, the application for planning permission shall be deemed
to have been withdrawn but the applicant may submit a fresh application.

21C. Preparation of plan, etc., by a qualified
person
All plans, particulars, layout plans and other documents
required to be submitted under this Act shall be prepared by—

(a) a person whose qualifications are prescribed under
paragraph 58(2)(h); or

(b) a person who is entitled to do so under any other written
law. 42

Treatment of
application Conditions imposed
under subsection (3)

Receipt/expiry/objections
Convey to the applicant
or person who do the
objection about the
Consideration for grant permission
Planning permission

Duty of Local planning
authority for tree
What should preservation order
submitted for an
application

Grant Planning
What construction of permission/Refuse
major infrastructure or
utility shall include

22. Treatment of applications

(1) As soon as possible after the receipt of an application for
planning permission, or, if the application is one to which
subsection 21(6) applies, as soon as possible after the expiry
of the period within which objections may be made or, if
objections have been made, as soon as possible after the
objections have been dealt with under subsection 21(7), the
local planning authority shall decide on the application for
planning permission.

(2) In dealing with an application for planning permission, the
local planning authority shall take into consideration such
matters as are in its opinion expedient or necessary for proper
planning and in particular—

(a) the provisions of the development plan, if any;
(aa) the direction given by the Committee, if any;
(b) the provisions that it thinks are likely to be made in any
development plan under preparation or to be prepared, or the
proposals relating to those provisions;
(ba) the provisions of the Sewerage Services Act 1993
[Act 508];
(bb) the development proposal report; and
(c) the objections, if any, made under section

*(2A) Where an application submitted under this section
involves—
(a) the development of a new township for a population
exceeding ten thousand, or covering an area of more than one
hundred hectares, or both;
(b) a development for the construction of any major
infrastructure or utility; or
(c) a development affecting hill tops or hill slopes, in an area
designated as environmentally sensitive in a development
plan, the Committee shall request from the Council its advice
on the application submitted.
*NOTE—This subsection does not apply to the Sate of
Terengganu–see Tr. G.N. 54/2003.

*(2B) For the purposes of subsection (2A), development for the
construction of major infrastructure or utility shall include—

(a) national infrastructure works such as
airports, seaports, railway lines and highways; and
(b) national utility works such as the erection of
dams, main power stations and toxic waste disposal sites.

(3) After taking into consideration the matters specified in
subsection (2), the local planning authority may, subject to
subsection (4), grant planning permission either absolutely or
subject to such conditions as it thinks fit to impose, or refuse
to grant planning permission.

(4) The local planning authority shall not grant planning
permission if—
(a) the development in respect of which the permission is
applied for would contravene any provision of the
development plan;
(aa) the development in respect of which the permission is
applied for would contravene the provision of paragraph
(2)(aa); or
(b) the applicant for planning permission has neither paid the
development charge payable in respect of the development
nor obtained the permission of the local planning authority
under subsection 34(1) to pay the development charge by
installments.

(b) to regulate—
(i) the development and use of any other land under the
control of the applicant that adjoins the land in respect of
which the planning permission is granted;
And
(ii) as may appear to the local planning authority to be
expedient for the development for which planning permission
is granted, the works that may be carried out on such other
land and the manner in which and the extent to which such
works may be carried out;
(c) for securing the development of the land in
accordance with the approved layout plans;
(d) prohibiting damage to the land, its physical
environment, natural topography and landscape;

(e) prohibiting the removal or alteration of any of the natural
features of the land;
(f) prohibiting the felling of trees of a certain size, age, type or
species at any particular location, unless it is to comply with any
written law;
(g) for securing the planting or replanting of trees of a
certain size, age, type or species at any particular location in such
manner as may be determined by the local planning authority;
h) for securing the making up of open spaces in accordance with
the approved layout plans;
(i) where the development involves the erection of a new building,
or the re-erection or extension of a building or part thereof,
conditions to ensure its compatibility with the architecture,
character or appearance depicted in the buildings located in the
surrounding area, which the local planning authority intends to
protect, preserve or enhance;

(j) where the development involves any addition or
alteration to an existing building with special architecture
or historical interest, conditions to ensure that the facade and
other external character of the building is retained; and Town
and Country Planning 45
(k) where the development involves the re-erection of a
building with special architecture or historical interest or the
demolition thereof and the erection of a new building in its
place, conditions to ensure that the facade and other external
character of the demolished building is retained.

(5A) It shall be the duty of the local planning
authority to ensure where planning permission is granted
that a tree preservation order, if any, is complied with.

(6) If planning permission is granted, whether with or without
conditions, it shall conveyed to the applicant in the
prescribed form and at the same time a notice of the grant
thereof shall be given to any person who has made any
objection pursuant to subsection 21(6).

(5) Conditions imposed under subsection (3) may include any
or all of the following conditions, that is to say, conditions—
(a) to the effect that planning permission granted in respect of
any change of use of land or building is only for a limited
period and that, after the expiry of that period, the use of
the land or building as authorized by the planning permission
shall cease and the land or building shall be reverted to its
original use;

*NOTE—This subsection does not apply to the Sate of
Terengganu–see Tr. G.N. 54/2003.
44 Laws of Malaysia ACT 172

PART VA
TREE PRESERVATION ORDER
(pg.60-64)

PART VA
TREE PRESERVATION ORDER
(pg.60-64)

35A . Tree preservation order
35B. Tree preservation order not to be made if tree is
already subjected to conditions
35C. Appeal against tree preservation order, etc
35D. Compensation under a tree preservation order
35E. Replacement of trees
35H. Prohibition to fell, etc tree with girth exceeding
0.8 metre

35A. Tree preservation order (pg60)

(1) if it appears to the local planning authority that it is expedient in the interest of
amenity to preserve any tree, trees or group of trees in its area, it may make a
tree preservation order with respect to such tree, trees or group of trees.

(2) A tree preservation order may, in particular , make provisions –
(a) for prohibiting the felling of tree except with the written permissions of and
subject to conditions, if any, imposed by the local planning authority; and
(b) for securing the planting of trees or the replacement of trees by replanting in
such manner as may be determined by the local planning authority

(3) Subsection (2)(a) shall not apply to the felling of tree –
(a) which is dying or dead;
(b) for the prevention of an imminent danger; or
(c) if it is to comply with any written law.

(4) Any person who contravenes any provision in the tree
preservation order commits an offence and is liable, on
conviction, to a fine not exceeding ONE THOUSAND RINGGIT
or to IMPRISONMENT for a term not exceeding 6 MONTHS or
to BOTH.
(5) Where in any proceeding for an offence under this section it
is proved that a tree was felled it shall be presumed, until the
contrary is proved, that the tree had been felled by the
occupier of the land on which the tree was growing.

35B. Tree preservation order not to be made if
tree is already subjected to conditions. (pg61)

• Notwithstanding section 35A, a tree preservation order shall not be made
in respect of a tree which has or trees or group of trees which have
already been subjected to conditions imposed under paragraphs (f) and
(g) of section 22(5).

Refer: pg.43
(f) Prohibiting the felling of trees of a certain size, age, type or species at any
particular location unless it is to comply with any written law;
(g) For securing the planting or replanting of trees of a certain size, age, type
or species at any particular location in such manner as may be determined
by the local planning authority;

35C. Appeal against tree preservation order, etc
(pg61)

Any person aggrieved by –
(a) a tree preservation order;
(b) any of the provisions of a tree preservation order;
(c) (i) the refusal of a written permission; or
(ii) any of the conditions imposed on a grant of a written
permission,
under paragraph (a) of section 35A(2); or
(d) an order to plant or replace trees under paragraph (b) of section
35A(2),

may , within ONE MONTH from the date of the communication of such
order, refusal or imposition of conditions appeal to the Appeal Board.

35D. Compensation under a tree preservation
order (pg.61 & 62)
(1) If the owner of the land to which a tree preservation order relates proves
that he has, in complying with paragraphs (a) to (d) of section 35C, suffered
damages in the form of depreciation in the value of the land, he may claim
compensation from the local planning authority.

(2) A claim for compensation under subsection (1) shall be served on the local
planning authority –
(a) within 6 MONTHS from the date on which –
(i) the tree preservation order;
(ii) the refusal of a written permissions or the imposition of
conditions under paragraph (a) of section 35A(2); or
(iii) the order to replace a tree under paragraph (b) of section 35A(2)

was communicated to the owner of the land; or
(b) where an appeal is made under section 35C(1), within 6 MONTHS from
the date of the decision of the Appeal Board confirming the order, refusal or
imposition of conditions appealed against.

(3) If the owner of such land is dissatisfied with
the amount of compensation awarded , he
may, within ONE MONTH from the date of
such award, appeal to the Appeal Board which
shall have the power to confirm or vary the
amount of compensation awarded.

35D. Replacements of trees (pg.62&63)
(1) It shall be the duty of the person who is FOUND GUILTY under
section 35A(4) for felling any tree in respect of which a tree
preservation order is for the time being in force, in contravention
of the tree preservation order, to replace such tree by
REPLANTING ANOTHER TREE –
(a) of an appropriate size and species;
(b) at or near the same place or such other place;
(c) within the time; and
(d) subject to the terms and conditions,

as may be specified by the local planning authority unless on his
application or the application of any other person or at its own
discretion the local planning authority dispenses with this
requirement.

(2) The time specified by the local planning authority under
subsection (1)(c) for the replacement of a tree may be
extended once the application of the person whose duty it is
to replace such tree.

(3) Any person who is aggrieved by –
(a) the refusal to dispense with the requirement for
replacement of a tree under subsection (1);
(b) any order given under subsection (1)(a) or (b);
(c) any term or condition imposed under subsection (1)(d); or
(d) the refusal to extend time under subsection (2)

may, within ONE MONTH of the date of the communication
of such order, refusal or imposition of term and condition
appeal to the Appeal Board.

(4) In relation to any tree replanted under subsection (1), the
relevant tree preservation order shall apply to it as it had
applied to the original tree.

(5) Where the person whose duty is to replace a tree under
subsection (1) fails to do so, he commits an offence and is
liable, on conviction, to a fine not exceeding ONE THOUSAND
RINGGIT or to IMPRISONMENT for a term not exceeding 6
MONTHS or TO BOTH.

35H. Prohibition to
fell, etc, tree with girth
exceeding 0.8 meter (pg.64)
(1) No person shall, without the written permission of the local planning
authority, fell a tree with a girth exceeding 0.8 meter which is not
subjected to a tree preservation order unless the felling-
(a) is in respect of such tree which is dying or dead
(b) is for the prevention of an imminent danger; or
(c) is to comply with any written law.

(2) For the purpose of subsection (1) the girth of a tree shall be measured half
a meter from the ground provided that the girth of a tree with buttress
shall be measured above the buttress.

(3) Any person who contravenes subsection (1) commits an offence and is
liable, on conviction, to a fine not exceeding TEN THOUSAND RINGGIT or
to IMPRISONMENT for a term not exceeding THREE MONTHS or TO
BOTH.

TREE GIRTH GUIDE
• Small trees and Semi mature trees are graded
by the girth (circumference) of the trunk
measured 1 metre above ground level.

• This is a better way to gauge of the maturity of
the tree than simply to measure it’s
height. Height will of course vary considerably
depending on the species chosen.

• The greater the girth the greater the spread. As
trees grow, the branch structure grows too as
each year more leaves become shoots, shoots
become twigs, twigs become branches and so
on.

• This means that, as well as being taller, a tree
with a 30/35cm girth will have a more
developed and denser crown than a 18/20cm
specimen.

http://www.civictrees.co.uk/services/1/Tree-Supply
http://www.naturefirst.co.uk/tree-services/tree-availability-list/

• The appeal board must have
I. Chairman
II. Deputy Chairman
III. Additional 12 person and not more

• The Chairman must be selected by the State Authority by
the notification of the state media and with the
concurrence of the Minister

• Chairman and the Deputy Chairman Characteristics
I. Judges
II. Advocates
III. Solicitors of the high court
IV. Member of the Judicial and Legal Service of Malaysia
V. Who have had judicial experience or other suitable
qualifications and experience

• When an issue arises the Chairman can pick 2 of the
possible 12 to serve with him.

• But if the member have an interest in any matter they
cannot take part on the proceedings of the Appeal Board
relating to the matter.

The Appeal Board
• Shall hear the appellant and the local planning authority

• may summon and examine witnesses

• may require any person to bind himself by an oath to state
the truth

• may compel the production and delivery of any document
that it considers relevant or material to the appeal

• may confirm, vary or reverse the order or decision appealed
against

• may award costs

• may make any order whether or not provided for by, and
not inconsistent with, this Act

• Every person summoned by the Appeal Board to attend its
proceedings is legally bound to attend at the place and time
specified in the summons, and every person required by
the Appeal Board to produce or deliver any document to
the Appeal Board or to any public servant is legally bound
to so produce or deliver the document

• All summonses, notices, awards, and orders issued, made
or given under the hand of the Chairman shall be deemed
to be issued, made, or given by the Appeal Board

• An order made by the Appeal Board on an appeal before it
shall be final, shall not be called into question in any court,
and shall be binding on all parties to the appeal or involved
in then matter

• For the purposes of the Penal Code [Act 574], the Appeal
Board shall be deemed to be a court and every member
thereof shall be deemed to be a public servant

• The State Authority may make rules to prescribe the
procedure of appeals to the Appeal Board and the fees
payable in respect thereof, and to regulate the proceedings
of the Appeal Board but, until such rules are made and in
operation, the Appeal Board shall, for the purpose of its
proceedings, as far as practicable follow the Subordinate
Courts Rules 1980 [P.U. (A) 328/1980]

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Planning act seminar