From C Vignesh Kumar
The powers of local authorities in Malaysia have drawn renewed scrutiny, particularly following the tabling of the Urban Renewal Bill 2025, recent construction mishaps in Kuala Lumpur, and concerns over overdevelopment.
These issues directly affect urban communities, yet the absence of local elections raises questions about accountability in local governance.
Under the Town and Country Planning Act 1976, local councils issue development orders and planning permissions. While these tools are essential for structured growth, the Federal Court in the Rimba Kiara case reaffirmed that councils must strictly comply with structure and local plans, which are drafted through public consultation.
Despite this, zoning anomalies such as commercial towers approved beside schools or residential areas remain, with limited avenues for affected communities to challenge such decisions.
Public participation, a statutory feature of the Federal Territories (Planning) Act 1980, is weakened by outdated publicity methods.
Draft local plans are often physically displayed, limiting accessibility. Digital publication, wider dissemination in public spaces, and transparent disclosure of assessments (e.g. traffic and social impact) are urgently needed.
Once a development order is issued, residents face steep barriers in seeking remedies. Injunctions are costly and risky, while protective laws such as the Public Authorities Protection Act 1948 and the Government Proceedings Act 1956 shield councils from liability, as seen in the Highland Towers tragedy. This undermines public confidence in local governance.
The Urban Renewal Bill 2025, if passed, will expand council powers further without addressing accountability gaps. Given the oversupply of office and residential space, unchecked development risks worsening urban congestion and public distrust.
Local authorities must strike a balance between development and community interests. Town planning should safeguard the well-being of residents, not merely serve commercial imperatives.
Greater transparency, meaningful public participation, and accountability mechanisms are essential to restore trust and ensure sustainable urban growth.
C Vignesh Kumar is a principal of Messrs Vignesh Kumar & Associates and a former deputy public prosecutor with experience in commercial crime, civil litigation, constitutional law, judicial review, and environmental matters.
The views expressed are those of the writer and do not necessarily reflect those of FMT.
