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Planning (Cancellation of Permission) Act

(CHAPTER 233)

(Original Enactment: Act 27 of 1974)

REVISED EDITION 1985

(30th March 1987)

An Act to cancel planning permissions granted by the planning authority under section 9 of the Planning Act (Chapter 279 of the 1970 Edition) and under section 61 of the Singapore Improvement Ordinance (Chapter 259 of the 1955 Edition)^* and for matters connected therewith.

^*Repealed on 1st February 1960 by Ordinances 11 and 12 of 1959.

[11th September 1973]

Short title

1. This Act may be cited as the Planning (Cancellation of Permission) Act.

Interpretation

2. In this Act, unless the context otherwise requires —

“building” has the same meaning as in the Planning Act [1970 Ed., Cap. 279];

“permission” means any permission granted under section 61 of the Singapore Improvement Ordinance^* [1955 Ed., Cap. 259] or section 9 of the Planning Act;

^*Repealed on 1st February 1960 by Ordinances 11 and 12 of 1959.

“statutory body” means any statutory body which is an agency or instrument of the Government.

Cancellation of planning permission granted under the Singapore Improvement Ordinance

3.—(1) Notwithstanding the provisions of any other written law, any permission granted before 1st February 1960 under section 61 of the Singapore Improvement Ordinance [1955 Ed., Cap. 259] which involves the erection of a building shall be cancelled with effect from the date of commencement of this Act if no construction work pertaining to the erection of the building has been commenced before that date.

(2) Any person who claims to have commenced any work pertaining to the erection of a building shall have the onus of proving that he has commenced such work.

Cancellation of planning permission granted under the Planning Act

4. Notwithstanding the provisions of any other written law, any permission —

(a)	granted on or after 1st February 1960 and before 12th March 1965 under section 9 of the Planning Act to carry out any building operations shall be cancelled with effect from the date of commencement of this Act; and
(b)	granted on or after 11th September 1971 and before 11th September 1973 under section 9 of the Planning Act [1970 Ed., Cap. 279] to carry out any building operations shall be cancelled with effect from the date of commencement of this Act.

Exemptions

5. Sections 3 and 4 shall not apply to any permission which relates to —

(a)	the change of use of any existing building;
(b)	the making of alterations or additions to any existing building;
(c)	any temporary dwelling;
(d)	any housing development involving not more than 4 residential units;
(e)	land subdivision of completed developments; and
(f)	all developments on land leased from the Government or any statutory body under a lease which contains an absolute prohibition against assignment of the lease.

Restoration of planning permission

6.—(1) The Minister may in his discretion restore any permission cancelled by virtue of the provisions of this Act if he is satisfied that any work for the building operations has commenced before the date of commencement of this Act or undue hardship would be caused by the cancellation of the permission to the person to whom the permission is granted or other persons.

(2) Any permission may be restored upon such conditions as the Minister sees fit to impose.