Riduwan bin Rahmat v 1. ) MAJLIS BANDARAYA PETALING JAYA 2. ) Loh Soo Mei
11 cases cited
(0 SG, 11 foreign)
Catchwords
Substantive application for judicial to challenge against the decision of the First Respondent granting the 2nd Respondent a condition development order The Applicant alleged that (i) the decision was illegal as it contravened Town and Country Planning Act 1976 (Act 172), Town and Country Planning (Control of Planning) (General) (Selangor) Rules 2001 (Rules) and the Manual Garis Panduan dan Piawaian Perancangan Negeri Selangor Edisi Keempat; (ii) the decision was unreasonable as the First Respondent failed to take into consideration relevant considerations including the Applicant’s objections; and (iii) there was procedural impropriety in the decision as the First Respondent failed to adhere to the provisions of Act 172 and the Rules. The Court was satisfied that the First Respondent hasddemonstrated that its decision making process was structured, objective, and within the statutory and regulatory framework and prevailing planning criteria in the State. The First Respondent was well within its statutory powers to grant the Planning Permission, notwithstanding the Applicant's objections. Application dismissed
Judges (1)
Statutes Cited
Town and Country Planning Act 1976 (Cap 172)
Cases Cited (11)
UK (5)
[1947] 2 All ER 685 [1960] 3 All ER 503 [1984] 3 All ER 935 [1985] AC 374 [1995] All ER 636
MY (6)
[1979] 1 MLJ 135 [1999] 3 AMR 3529 [1999] 3 CLJ 65 [1999] 3 MLJ 1 [2019] 3 MLJ 443 [2020] MLJU 1589
Judgment
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