2.1 Planning policy governs in the property development process in Sarawak. State Planning Authority (SPA) is the party who will make decision on any system of development planning in Sarawak. Beside that, Local Authority has the responsible to issue the Certificate of Fitness for Occupation (Occupation permit) as an approval to the occupational of certain building which is completed. Local Authority (LA) also known as a party which enforce a lot of regulations and procedures which cause the developer in trouble when they apply for the approval of planning permit, building plan permit and occupational permit. Division/YearIssuance of Housing Developer LicensesNo. Of Home Built (2006 – 2008)200620072008Betong258223Bintulu51311559Kapit30783Kuching 31112966862Limbang159195Miri830351894Mukah14270Samarahan426132071Sarikei101616336Sibu 1869651607Sri Aman210356 Table 1 : Number of housing developer licenses that has been issued in the year 2006 to 2008 and No. of home built in 2006 to 2008. From the above table, it is shown that the development of housing in Kuching has the highest number of new housing development licenses during the year of 2006 to 2008 which consists of 238 licenses, and it is clearly indicate that Kuching division stand for the highest rate of construction of new home where 6862 units were built during the year of 2006 to 2008. The second highest of obtaining licenses is taken by Sibu which is 152 licenses and the rate of constructing new houses were 1607 units. 2.1.1 Factor Influencing the Property Development Plans of Any Area A few factors that contributed towards the property development plans to any areas had been identified. Mohd Nazzarudin et.al (2009) lists the following factors as below: l Political Factors The population growth of an area encourages the government to develop for projects such as infrastructural projects, industrial projects, and projects relating to social amenities. l Historical factors The historical effect from the past such as the colonial buildings has brought development in such area. l Urbanisation factors The urbanisation process may lead the population of certain area grow rapidly. Economic activities in prosperous cities may attract population where it can affect the city to become new town or known as the main city in certain areas. l Factors relating to land use The use of land may attract the focus of people as the land is required to develop for some efficient use.l Factors on interaction with resources The variety of resources in an area will increase the development process. 2.1.2 Development Control In Sarawak, it is now practise the administration of land use planning is determined by a number of legislation such as:- State Planning Authority Manual 1999 This manual is prepared for the needs and guidance of parties involved in the process of development planning and control in Sarawak, such as government agencies, developers, consultants, LA as well as other statutory bodies who deal with development or boundary subdivision applications as well as those being involved in the preparation of structure plans and local plans that has to be submitted to the SPA. The major objective of this instruction manual is to ensure consistent and careful execution that is according to the requirements of the SPA as well as create a consistent approach in aspects relating to the applications on development or boundary subdivision. This manual is an important guide in the process of development planning in Sarawak. In addition, among the contents of this manual are the procedures that need to be done in the process of development planning and control. The provisions of this ordinance also clarifies the administrative guidelines that needs to be followed with regards to the application of boundary subdivision and/ or land development, submission of boundary subdivision plans, engineering plans and other procedures that follow. In addition to that, this ordinance also provides information on procedures relating to the preparation of any development plan. Basically, this ordinance is divided into five parts which is: l Part I is in relation to the Preparation of Plansl Part II touches on the Procedure for Boundary Subdivision and Land Development l Part III is on Land Use (An Activity Control for Commercial/ Business Purposes)l Part IV is on SPA Regulationl Part V describes SPA Policies Thus, all related aspects need to take into consideration of the provisions of the sections in this ordinance. Land Ordinance (Subdivision of Land Control 1954) This Ordinance was once used by the State Government within the portion of the development control in Sarawak. Yet it was corrected and replaced by the Land code (Amendment Ordinance 1997) Building Ordinance (Amendment) 1997 This ordinance is used as an imperative system for works on building controls by the LA in Sarawak. It comes together with all legal provisions of small buildings in Sarawak. It is constant with what have been stated at the beginning portion of this ordinance. It can be define as; “…an ordinance to modify and consolidate and to make further provisions concerning the laws relating to building in the State, and for purposes connected therewith…” This ordinance also highlight on that the submission of the building plan which is indicated by the Building Ordinance 1994 and determine that no one can build any building without the written permission from the relevant Local Authority. Provision of this building ordinance in section 3(1), 3(2), and section 8 (3) has clarified that the proficient planning authority is State Planning Authority which control the overall activities of planning, development, and land boundary subdivision. For that reason, all of the matter related to the building control must refer to the provision in the ordinance. The ordinance also obviously announce that a numerous of aspects relating to urban planning also necessitate approval from the Land and Survey Department. Housing Developers (Control & Licensing) Ordinance 1993 This act is used as a guideline for control and licensing for the every activities that are related to the housing development in Sarawak. It contains the additional provision that are regarding to the core provision of the Public Policy and Administration Research. This ordinance also employ as a control to prevent any issue in housing development such as abandoned project, environment management and others. Further more, a numbers of other provision are also adopt in the planning and development processes in Sarawak. in the midst of some instances are the Sarawak River Ordinance 1993, Environment Quality Act 1974, Environmental Quality ( Prescribed Activities), Public Parks & Green Ordinance 1993, Environmental Impact Assessment Order 1987, as well as the Local Authority Ordinance (Cap. 117) & Building By-Laws.2. Planning procedure governs in the property development process in Sarawak. 2.1 The Process Involved The development process involves many parties such as developers, land owners, open organisation, purchasers, and some financial institutions. Throughout the main processes in the development planning in Sarawak are: 2.1.1 Planning Approval Process In Sarawak, application to attain any planning approval have to go through the headquarters Division of Land and Survey Department in Kuching, Division of Land and Survey Department, and State Planning Authority (SPA). To approve the process of planning for a development, it is necessary to get approval from the SPA as SPA is an important party in giving development approval. During the process, it is required for the applicant to delivered their application for planning approval for the development and boundary subdivision. All document from the applicant must be delivered to the Superintendent of the Land and Survey Department at the Divisional level. After that, the application will be received and reviewed by the Director in the headquarters of the Land and Survey Department. Next, secretary of SPA and the advisor of planning secretariat also played an important roles which is reviewed the application and verify all the necessary details such as structural plan and local plan. Thus, give professional recommendation to SPA. The care of SPA in approving each application is depend on the sort and type of the development being proposed. Secretary of SPA and the planning advisor is required to make decision either to approved or reject the application during the SPA meeting. After decision is made, they need to further inform the Divisional Superintendent about the planning approval. Once the Divisional Superintendent has acquired the approval from SPA, they might need to inform the applicant. Lastly the divisional superintendent will inform the applicant about the payment fees based on the Certificate of Approval distributed from SPA. 2.1.2 Submission of Boundaries Subdivision Plan The applicant is required to submit two copies of boundaries subdivision plan to the Divisional Superintendent after they had received the approval from SPA. Soon, the Planning officer in Divisional Land and Survey Department will provide a list of items to be verified in order to process the boundary subdivision plan by reviewing the boundary subdivision plan with the acceptance plan where approved by SPA. Lastly, once the Planning officer had received the boundary subdivision plan, there will be a notice to applicant from the officer to inform them that they need to sign the boundary subdivision plan. The officer also need to take note that the fees must be paid before he proceed with his agreement on the plan.