Chapter 4 Conclusion and Suggestion
4.2 Suggestion
Water settlement is a traditional lifestyle of Malaysia. It has intimate contact to water and surrounding natural settings. However, the study to its spatial pattern and climate change adaptation is limited. Further research is suggested including:
1) Various oriented researches to its spatial characteristic
The basic data to water settlement is inadequate to conduct any in-depth research.
Various oriented researches to its spatial characteristic from regional scale to building scale are suggested to collect comprehensive knowledge to water settlement. Besides, the variants underlying spatial characteristic including various socio-economic and physical factors is suggested to be studied in order to identify their influence to water settlement.
2) Evaluation to water building’s structural capacity confronting tidal hazards This study finds that, previous studies to water settlement surfaced due to concern of tourism value and heritage preservation. However, despite of its social value, water buildings’ structural capacity confronting coastal hazards and climate change impact is unknown. The research to water settlement’s vulnerability is suggested in order to ensure living safety of the inhabitants.
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Malay village Kampong (kampung) 馬來村落
Gabled roof Bumbung panjang 人字形屋頂
Hipped roof Bumbung limas 四角屋頂
Gabled hip roof Bumbung potong perak 人字形四角屋頂
2-tiered pyramidal roof Bumbung mera 2-tingkat 雙層金字塔形屋頂
Core house Rumah ibu 主屋
Kitchen Dapur 廚房
Covered porch Anjung (覆蓋式)門廊
Hanging verandah Serambi gantung 吊掛式陽台
Closed walkway Selang (屋內)走廊
Middle hall Rumah tengah 中廳
Lounge Lepau 休息區 Areca Pinang 檳榔樹
Oncosperma tigillaria Nibong -
Eugeissona trisis palm Bertam 婆羅洲西米
Baeckea frutescens Cucur attap 岡松
Metroxylon Rumbia 西米椰子/沙谷
Nypa fruticans Nipah 水椰
Kukup Road Jalan Kukup 龜咯路
Facedown Telukup (telungkup) 翻覆
Permas River Sungai Permas -
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Appendix
1) Partial contents from Town and Country Planning Act 1976 that relevant to the study extracted for review:
Act 172 TOWN AND COUNTRY PLANNING ACT 1976 Incorporating all amendments up to 1 January 2006
PART I PRELIMINARY Interpretation
2. (1) In this Act, unless the context otherwise requires—
“building” includes any house, hut, shed, or roofed enclosure, whether or not used as a human habitation, and any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, or bridge, and any structure, support, or foundation connected to or with any of those structures;
“building operation” means the demolition, erection, re-erection, or extension of a building or part thereof and includes—
(a) any increasing of the height or floor area of a building;
(b) the roofing or re-roofing of a building or part thereof;
(c) any addition to or alteration of a building that affects or is likely to affect its drainage or sanitary arrangements or its soundness;
(d) any addition to or alteration of a building, whether done before or after completion of the building, that departs in any manner from any plan or specification in respect of the building approved at any time by any authority empowered under any written law to approve the plan or specification;
(e) any addition to or alteration of a building that materially affects or is likely to materially affect the building in any manner; and
(f) any other operation normally undertaken by a person carrying on the business of building construction;
“land” includes—
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(a) the surface, and all substances forming the surface, of the earth;
(b) all substances below the surface of the earth;
(c) all vegetation and other natural products, whether or not requiring periodical
application of labour to their production, and whether on or below the surface of the earth;
(d) all things, whether on or below the surface of the earth, that are attached to the earth or permanently fastened to any thing attached to the earth;
(e) land covered by water; and
(f) any estate or interest in, or right over, land;
“local authority” means any city council, municipal council, municipality, district council, town council, town board, local council, rural board, or other similar authority established by or under any written law;
“local plan”, in relation to an area, means the local plan for the area, and any alteration of the plan, for the time being having effect in the area by virtue of subsection 15(1); and, in relation to any land or building, means the local plan, as so defined, for the area in which the land or building is situated; and “draft local plan” shall be construed as the context requires;
“local planning authority”, in relation to an area, shall be construed as provided in section 5 and, in relation to any land or building, means the local planning authority, as so construed, for the area in which the land or building is situated;
“occupier”, in relation to any land or building, includes—
(a) a tenant of the land or building;
(b) an owner of the land or building occupying or otherwise using the land or building;
(c) a person in actual occupation of the land or building or having the charge, management, or control thereof, whether on his own account or as an agent of another person, but does not include a lodger;
“open space” means any land whether enclosed or not which is laid out or reserved for laying out wholly or partly as a public garden, park, sports and recreation ground, pleasure ground, walk or as a public place;
“owner”, in relation to any land or building, means—
109 (a) the registered proprietor of the land;
(b) if, in the opinion of the local planning authority, the registered proprietor of the land cannot be traced, his agent or trustee;
(c) if the registered proprietor of the land is dead, his legal personal representative;
(d) if none of the persons mentioned in paragraphs (a), (b), and (c) exists, the person who for the time being is receiving the rent of the land or building, whether on his own account or as an agent or trustee of another person or as a receiver, or who would be receiving the rent if the land or building were let;
“road” means any public or private road, and includes any street, square, court, alley, lane, bridge, footway, track, bridle-path, passage, or highway, whether a thoroughfare or not, over which the public have a right of way;
“use”, in relation to any land, means any use of the land other than merely for the keeping or storage of materials and equipment intended to be employed in the construction or erection of a building on the land, or as a site for temporary buildings for the
accommodation of workers involved in the construction or erection of the building;
PART II POLICY AND ADMINISTRATION Local planning authorities
*5. (1) Every local authority shall be the local planning authority for the area of the local authority.
**(2) For any area in the State that does not form part of the area of any local authority, the State Director shall be the local planning authority, and references to the “local planning authority” in this Act shall be deemed to include the State Director whenever he performs the functions of the local planning authority in relation to that area.
(3) (Deleted by Act A1129).
(4) A local planning authority shall furnish the Committee with such returns and information relating to its activities as the Committee may from time to time require.
Functions of local planning authorities
6. (1) The functions of a local planning authority shall be—
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(a) to regulate, control and plan the development and use of all lands and buildings within its area;
(b) to undertake, assist in, and encourage the collection, maintenance, and publication of statistics, bulletins, and monographs, and other publications relating to town and country planning and its methodology; and
(c) to perform such other functions as the State Authority or the Committee may from time to time assign to it.
(2) A local planning authority may perform any other functions that are supplemental, incidental, or consequential to any of the functions specified in subsection (1) and do all such things as may be necessary or expedient for carrying out its functions under this Act.
PART IV PLANNING CONTROL Use of land and buildings
18. (1) No person shall use or permit to be used any land or building otherwise than in conformity with the local plan.
(2) Subsection (1) shall not apply to the use of any land or building for the purposes described in paragraph 19(2)(d).
(3) Subsection (1) shall not affect the continuance of the use of any land or building for the purposes for which and to the extent to which it was lawfully being used prior to the date when a local plan first came into effect in the area concerned or, where there has been a change of local plans or in a local plan, the date when the change became effective.
Prohibition of development without planning permission
19. (1) No person, other than a local authority, shall commence, undertake, or carry out any development unless planning permission in respect of the development has been granted to him under section 22 or extended under subsection 24(3).
(2) Notwithstanding subsection (1), no planning permission shall be necessary—
(a) for the carrying out of such works as are necessary for the maintenance, improvement, or other alteration of a building, being works that affect only the interior of the building and do not—
(i) involve any change in the use of the building or the land to which it is attached;
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(ii) materially affect the external appearance of the building;
(iii) involve any increase in the height or floor area of the building;
(iv) involve any addition to or alteration of a building that affects or is likely to affect its drainage, sanitary arrangements, or its soundness; or (v) contravene or involve or result in any inconsistency with any provision in the local plan;
(b) for the carrying out by any authority established by law to provide utilities of any works for the purpose of laying, inspecting, repairing, or renewing any drains, sewers, mains, pipes, cables, or other apparatus, or for the purpose of maintaining or repairing roads, including the breaking open of any road or ground for those purposes;
(c) for any excavation, including excavation of or for wells, made in the ordinary course of agricultural operations in areas zoned for agriculture;
(d) for the use of any land or building for a period not exceeding one month or such further period as the local planning authority may allow for purposes of—
(i) a temporary or mobile cinema, theatre, or show;
(ii) a temporary amusement park, fair, or exhibition; or
(iii) a temporary ceremony or festivity of a religious, social, or other character, and for any development necessary to give effect to such use;
(e) for the construction or erection on any land of temporary buildings for the
accommodation of workers involved in the construction or erection of a building on the land, for which planning permission has been granted;
(f) for the use of any land or building within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such; or
(g) for the making of such material change in the use of land or building as the State Authority may prescribe to be a material change for which no planning permission is necessary.
Source: www.agc.gov.my/Akta/Vol.%204/Act%20172.pdf
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2) Partial contents from Street, Drainage and Building Act 1974 that relevant to the study extracted for review:
Act 133 STREET, DRAINAGE AND BUILDING ACT 1974 Incorporating all amendments up to 1 January 2006
PART I PRELIMINARY Interpretation
3. In this Act, unless the context otherwise requires—
“arcade” includes verandah;
“dwelling house” includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;
“footway” includes footpaths and verandah-ways at the sides of streets;
“frontager” means the owner of premises fronting on, adjoining, abutting on, or (though not actually so fronting, adjoining or abutting) adjacent or accessible to a street or back-lane or where—
(a) the owner of the premises by himself or his tenant has the right to use or commonly does use the street or backlane as a means of access to or drainage from the premises; and (b) in the opinion of the local authority, the use or the right to use is for the advantage or benefit of the land;
“house” includes dwelling-house, warehouse, office, countinghouse, shop, school, and any other building in which persons are employed;
*“private connection pipe” has the same meaning assigned to it under the Sewerage Services Act 1993 [Act 508];
“private street” means any street not being a public street;
“public street” means any street over which the public has a right of way which was usually repaired or maintained by the local authority before the coming into operation of this Act or which has been transferred to or has become vested in the local authority under this Act or in any other manner;
*“sewer” has the same meaning assigned to it under the Sewerage Services Act 1993;
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*“sewerage system” has the same meaning assigned to it under the Sewerage Services Act 1993;
“street” includes any road, square, footway or passage, service road, whether a
thoroughfare or not, over which the public have a right of way, and also the way over any bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings, whether the public have a right of way over it or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of such street;
“street works” includes work of sewering, levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of water, gas or electricity services and otherwise the making good a street or part of a street;
“structural elements” means those parts or elements of a building which resist forces and moments and includes foundations, beams, columns, shear cores, slabs, roof trusses, staircases, load bearing walls and all other elements designed to resist forces and moments but excludes doors, windows and non-load bearing walls;
“structural plan” means a plan relating to structural elements;
“sullage” includes any household waste liquids discharged from any bath, shower, lavatory, basin, floor gully, laundries or sink (not being a slop sink) but excludes faecal water and urine.
PART II STREETS
Maintenance and repair of public streets
4. (1) The local authority shall, so far as the funds at its disposal will admit, cause all public streets together with the footways thereof, whether covered by arcades or not, to be maintained and repaired and may—
(a) cause the same to be paved, metalled, flagged, channelled, drained, kerbed, lighted or otherwise improved, and the surface thereof to be raised, lowered or altered as it thinks fit;
(b) make and keep in repair any footways for the use of foot passengers in any such street;
(c) place on the sides of such footways or otherwise such fences and posts as are needed for the protection of foot passengers;
114 (d) provide street lighting.
Power to make and improve streets
5. The local authority may, with the consent of the State Authority—
(a) lay out and make new streets and back-lanes;
(b) build and construct bridges and tunnels;
(c) turn, divert, discontinue or stop up any public street; and (d) widen, open, enlarge or otherwise improve any public street.
Private persons making new streets
9. (1) No person shall make any new street without the prior written permission of the local
9. (1) No person shall make any new street without the prior written permission of the local