A REVISIT ON THE APPEALS HEARD BY THE SELANGOR APPEAL BOARD: IS JUSTICE HEARD A JUSTICE SERVED?

Abstract

This study tries to review the roles and functions of the Selangor Appeal Board in disposing of appeal cases registered at the tribunal. It is imperative to ascertain that the right of appeal provided under the Town Country and Planning Act 1976 (TCPA 1976) is carried out in order to serve justice to the aggrieved parties whose application for planning orders have been rejected by the Planning Authority at the local level. The decision of the Appeal Board is final and can only be brought to the High Court for judicial review. Thus, the tribunal should be independent and fair in disposing of any appeal. The study employs a combination of doctrinal and empirical research. In the doctrinal analysis, the study analyses the primary and secondary data that include the TCPA 1976 and analysing the statistics of appeal cases from 1991 until 2019. Interviews were carried out in order to examine the law in reality. Accordingly, it can reflect the impartiality of the tribunal in the disposal of the appeals. In brief, the Selangor Appeal Board has proven its ability to hear appeals according to the rule of law since in recent years lesser appeals have been filed that indicate fewer grievances of the public against the decision of the local planning authority.