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APPEAL BOARD

  • Established under the provisions of Section (36) Town and Country Planning Act 1976 (Act 172)
  • Tasked with coordinating the powers given under Subsection 36(2) Act 172, the Kedah State Authorities with the concurrence of the Minister has appointed the Chairman, Deputy Chairman and Members of Kedah Appeal Board.

Functions of the Appeal Board

  • To provide avenue to the public to raise complaints if they are aggrieved with decisions made by the local planning authority and thence to give consideration to the complaints, where;

    • The Appeal Board as an independent body appointed by the State Authority to settle disagreements between Complainants against particularly the local planning authority as a result of certain planning decisions that the Complainant as a disputer, applicant, owner or user feels aggrieved.
    • the Appeal Board as a tribunal is responsible to hear, consider and make decisions on cases as mentioned under Act 172 and Act (Amendment) A933, Town and Country Planning Act.

TYPES OF APPEALS

  1. Demand Notices

    • If a landowner feels aggrieved in complying with the demands or conditions set in demand notices from the Local Authorities, with the approval of the State Authorities such as:-

      • Demanding to cease usage the land.
      • Attach whatever conditions for the use of the land for the purposes as stated in the demand notices or
      • Instructing that the steps as mentioned in the demand notices be taken to change or transfer the building work.
  2. Appeal by Applicant against decisions of the Board. (section 23(1)(a) and (b) )

    • Anyone who feels aggrieved with the rejection by the Local Authorities on the planning permission application or conditions imposed in giving the planning permission.
    • Anyone who is aggrieved with the Local Authorities decisions in relation to objections raised according to section 21(b).
  3. Compensation Amount ( Section 25(9))

    • Anyone who is aggrieved with any refund amount or compensation offered or paid to him as a result of withdrawal and variation of permission to plan and approve building plan.
  4. Compensation Amount due to Demand Notice ( Seksyen 30(7))

    • Anyone who is aggrieved with the compensation amount offered by the Local Authority as a result of suffering damage in the form of land value depreciation due to complying with the Demand Notice of Local Authority.
  5. Appeal Against Order to Plant Trees ( Seksyen 35(c))

    • If anyone is aggrieved with An Order to Plant Trees
    • Any provision in the order to plant trees
    • Refusal of issuing written approval
    • Any condition imposed on a written permission, under paragraph (a) of Section 35A(2), an order to plant or replace a tree under paragraph (b) Section 35A(2).
    • Written order to plant or replace a tree under paragraph (b) Section 35A(2).
  6. Compensation under Tree Maintenance ( Seksyen 35(D))

    • If a landowner whose land is specified by a Tree Maintenance Order award, proves that he suffered losses in the form of depreciation in value of his land as a result of complying with paragraph (a) to (d) Section 35(c).
  7. Appeal Against Tree Replacement Order ( Seksyen 35E)

    • When a person is found guilty under Section 35A(4) for felling tree which is subject to Tree Maintenance Order and is required to replace the tree by planting another one.