RESPONSE TO THE STAR’S QUESTIONS (POSTED ON THURSDAY – 14 OCTOBER 2010) 1.
Under what law are the guidelines for Gated Community and Guarded Neighbourhood provided for? (If the guidelines do not have a legal footing, the councils that are executing these guidelines will be held liable if any untoward incidents happen as a result of GC and GN) The
preparation
of
planning
guidelines,
including
that
of
gated
communities and guarded neighbourhoods, are in line with the provision of subsection 2B (1) of the Town and Country Planning Act 1976 (Act 172) that requires the Director General of Town and Country Planning to formulate and advise the government upon matters concerning the use of town and country planning and the use and development of lands in Peninsular Malaysia. The integrity of a planning guideline is further strengthened when it is presented to the Cabinet (article 43 of the Federal Constitution) and the National Council for Local Government (NCLG) (article 95A of the Federal Constitution) for consideration and approval. The Guideline on Gated Community and Guarded Neighbourhood was approved by both the Cabinet and NCLG on 28th July 2010 and 2nd September 2010, consecutively. At the State level, it is a duty of every State, through the State Planning Committee (SPC) as provided for in subsection 4(4) of the Act 172, to promote the use of the planning guidelines as approved by the Cabinet and the NCLG. In addition, the guidelines for Gated Community (GC) was formulated to support and complement the requirements and provisions in existing laws, such as the Strata Title Act, 1985 (Act 318);
Building and Common
Property (Maintenance and Management) Act 2007 (Act 663); Street, Drainage and Building Act, 1974 (Act 133); and Road Transport Act, 1987 8