42 In addition, it is also enacted in Act 172, under the Section 22A, that if the application for planning permission involves certain development categories, as below, an advice from the NPPC (S. 22A) is required: (i)
The development of a new township for a population exceeding ten thousand or covering an area of more than one hundred hectares.
(ii)
A development for construction of any major infrastructure or utility, and
(iii)
A development affecting hill tops or hill slopes, in an area designated as environmentally sensitive in a development plan. In relation to the approval of planning permission, it is stipulated in Act 172
that the LPA, after taking into consideration all matters under Section 22(2) and Section 22(2A), may grant planning permission either absolutely or subject to conditions as LPA thinks fit to impose, or refuse to grant planning permission (S. 22(3)). It is also legislated that the LPA should not grant planning permission if the development in respect to which the permission is applied for would contravene any provision of the development plan (S. 22(4)(a)). With regard to the process and procedures for the planning application, it is specified in the Act that such application need to be submitted to the LPA together with the documents, plans and fees as stipulated in the Planning Control (General) Rules (PCGR) enacted by each State. The DPR, in addition to the documents and plans required, also needs to be submitted by the applicants. The detailed process and procedures for the application of planning permission are shown in Appendix C. Similar to the preparation of development plans, the implementation of planning control in Malaysia was also debated, particularly in terms of considerations for decision making, efficiency and its effectiveness. Asiah (1999) highlights that discretionary practice by the decision makers exist in making decision for planning permission, though legislatively decisions should be made in accordance with the LP and other requirements stipulated in Act 172. Asiah (1999), however, does not see the practice as negative on the reason that discretion and opinions of the approving authority in considering planning