The judgment clarifies the interpretation of land use regulations and emphasizes the need for compliance with both the National Land Code and the Town and Country Planning Act.

[1] The appellant, Majlis Perbandaran Subang Jaya appealed against the decision of the High Court to issue:

(a) an order of certiorari to quash the decision dated 12 March 2013 of the Selangor Appeal Board ("the Appeal Board") which dismissed the appeal of the 1^st respondent Visamaya Sdn Bhd against the dismissal on 22 May 2012 of its application made on 30 April 2012 to the appellant for planning permission to construct two Blocks of Service Apartment on Lot 847, Jalan Subang 7, Taman Perindustrian Subang USJ 1, Subang Jaya, Mukim Damansara, Daerah Petaling ("Lot 847"); and

(b) an order of mandamus directing the Appeal Board to reconsider the 1^st respondent's appeal against the said decision of the appellant was also issued.

Brief Facts

[2] Lot 847 is located within the administrative area of the appellant. It is the local planning authority that, pursuant to s 22 of the Town and Country Planning Act 1976 ("TCPA"), is empowered to consider applications for planning permission within its administrative area.

[3] The title document issued under the National Land Code ("the NLC ") in respect of Lot 847 shows it is a freehold title with the express condition that it is for "Industri Sederhana" within the land use category of "Perusahaan/ Industry".

[4] Under the Local Plan Majlis Perbandaran Subang Jaya 2020 ("the Local Plan MPSJ 2020") agreed to by the State Authority and which assent was gazetted in the Government Gazette of the State of Selangor, Gazette No 1566 on 27 May 2010, Lot 847 was zoned "Perindustrian" which may be used for "commercial purposes".

[5] On 8 July 2011, an application was made by the registered proprietor under s 124(1)(a) and (c) of the NLC to the Land Administrator Petaling, to convert the land use category of Lot 847 from "Perindustrian" to "Bangunan" and the Express Condition from "Industri Sederhana" to "Perniagaan". By a letter dated 15 August 2011, the appellant had no objections to change of use to "Komersial". On 21 December 2011, the State Authority approved the application for conversion of Lot 847 to "Building" with the express condition "Commercial Building" pursuant to s 124(1)(a), (c) and subject to, inter alia, compliance with policies and guidelines of the State Planning Committee and the Local Planning Authority. This was notified by letters by the Pejabat Daerah dan Tanah Petaling dated 25 January 2012 and 15 March 2012.

[6] On 20 April 2012, an application for planning permission was made by the 1^st respondent under a power of attorney from the registered proprietor, to construct two Blocks of Commercial 'Service Apartment' containing:

(a) Block A - 23 Storey Commercial "Service Apartment" (319 Unit);

(b) Block B - 23 Storey Commercial "Service Apartment" (319 Unit);

(c) One storey Shop Office (7 Unit); and

(d) Facilities.

[7] By a letter dated 30 May 2012, the appellant notified the 1^st respondent that its application was rejected by the appellant at its meeting on 22 May 2012 on the grounds:

(a) the commercial activity of "service apartment" was not consistent with the surrounding land usage;

(b) the commercial activity allowed was a commercial activity to support the existing industrial area.

[8] The Appeal Board dismissed an appeal by the 1^st respondent against that decision. The 1^st respondent sought and obtained from the High Court an order of certiorari to quash the decision of the Appeal Board and an order of mandamus to the Appeal Board to reconsider