When your application for a planning permission / a development order is rejected by Datuk Bandar Kuala Lumpur (the Commissioner), you may file an appeal to the Federal Territory Appeal Board. The Federal Territory Appeal Board has powers to review and overturn the decisions made by DBKL. The appellate process is governed by the Federal Territory (Planning) (Appeal Board) Rules 1997 and the Federal Territory (Planning) Act 1982.
Who may appeal?
Pursuant to Rule 2 Federal Territory (Planning) (Appeal Board) Rules 1997 (“FTPABR 1997”), any person who is aggrieved by the decision of the Commissioner under subsection 23(1), 25(8), 30(2), 30(7) or 42(1) of the Federal Territory (Planning) Act 1982 may appeal to the Federal Territory Appeal Board.
When to appeal?
The Time limits within which you can make an appeal depend on the types of appeal you are making. In particular relating to our topic here, the deadline for submitting an appeal for development order is one (1) month from the date of communication of the decision of the Commissioner (See Rule 4(1)(a) FTPABR 1997).
How to Appeal?
You can get and submit a notice of appeal (Form 2) to the Ministry of Federal Territories from Lembaga Rayuan (Perancangan) Wilayah Persekutuan (Bahagian Perbandaran dan Khidmat Teknikal) (Kementerian Wilayah Persekutuan)of Aras 6, Menara Seri Wilayah, Presint 2, Putrajaya.
Upon filing of the notice of appeal, you shall pay a fee of five hundred ringgit (RM500.00) for the filling of notice of appeal and deposit with the Registrar the sum of one thousand ringgit (RM1000.00) to cover the costs of preparing sufficient copies of reference record for the use of the Appeal Board and the parties to the appeal (See Rule 4(2) FTPABR 1997).
Everyone has to pay his/her/its own expenses for the process of appeal. You may be self represented or engage a solicitor to handle the appeal.
What are the Procedures?
Statement of Facts and Bundle of Documents
Upon receiving the sealed notice of appeal from the Registrar, the Commission shall forthwith prepare a Statement of Facts and a Bundle of Documents compiling all the relevant correspondence and exhibits of the case and the reasons or grounds for the decision or the action of the Commissioner that is in dispute (See Rule 6(1) FTPABR 1997). The Statement of Facts shall consist of facts and evidence only. It shall not contain legal arguments and case laws.
Within two (2) months from the date of filing a notice of appeal, you shall file a Statement of Facts and a Bundle of Documents consisting of any document or exhibit relevant to the office of Registrar (See Rule 6(3) FTPABR 1997). The Statement of Facts shall consist of facts and evidence only. It shall not contain legal arguments and case laws.
Unless the Chairman of the Appeal Board directs otherwise, you shall begin and shall have the final right of reply (See Rule 10 FTPABR 1997).
Where it is not provided in the legislation, the Appeal Board may also regulate its proceedings by referring to the rules applicable for the subordinate courts in any civil cause or matter (See Rule 19 FTPABR 1997).
The Registrar office will issue notices of case managements from time to time to ensure that all directions of the Appeal Board are fully complied with.
Before the appeal is fixed for hearing, parties may file any interlocutory application such as stay of execution of the Commissioner’s order, by way of notice of application supported with an affidavit in support to the office of the Registrar. Parties shall follow the procedures stated in the Rules of Court 2012.
The Chairman of the Appeal Board may direct parties to file written submissions and cases before the hearing of the appeal. Thereafter, the Chairman will fix a hearing date for the Appeal.
The decision made by the Appeal Board shall be in the form of an order and shall be marked with the name of the Chairman of the Appeal Board and shall be sealed.
Refund of Deposit
You may claim for refund of the deposit if you win the appeal or you withdraw the appeal. You shall file a Form 8 supported by the original receipt of the deposit payment and your bank’s statement of account.
The contents of this article do not constitute legal or other professional advice or an opinion of any kind. It is provided for general information purposes only. Please contact us for further enquiry.