15.—(1) All or any of the following conditions may be imposed on the grant under section 14(4) of any planning permission or conservation permission in respect of any land:| (a) | that the permission is granted for a specified period; | | (aa) | that where the permission is granted for a specified period, any building or works authorised by the permission must be removed, or the use of the land so authorised must be discontinued, at the end of the specified period, and that any works for the reinstatement of the land at the end of that period must be carried out; [Act 7 of 2017 wef 15/05/2017] | | (b) | that any work shall be commenced by a specified time; | | (c) | restrictions or requirements specified by the competent authority as to the height, design, appearance and siting of any building, including the use of lighting in the design and appearance of the building; [Act 7 of 2017 wef 15/05/2017] | | (d) | that subdivision of the land is prohibited; | | (e) | that a banker’s guarantee must be issued to, or deposits must be placed with, the competent authority or such statutory authority as the competent authority may specify to secure compliance with the requirements of the competent authority or that statutory authority; [Act 7 of 2017 wef 15/05/2017] | | (f) | that the title of any part of the land shall be transferred free from encumbrances to the State or any public authority; | | (g) | that such areas within the land as the competent authority considers necessary are to be provided, maintained and kept open and accessible for use by the public as paths or open spaces, without any compensation; [Act 7 of 2017 wef 15/05/2017] | | (h) | that such connecting structures (whether or not within the land) as the competent authority considers necessary are to be provided, maintained and kept open and accessible for use by the public or any occupier or other user of the land and any other land adjoining or in the locality, without any compensation; [Act 7 of 2017 wef 15/05/2017] | | (ha) | that a knock-out panel must be provided at any part of the land, and must be removed when the competent authority requires the owner or occupier of the land to do so, so as to allow the land to be connected to any adjoining land or building; [Act 7 of 2017 wef 15/05/2017] | | (i) | that the permission shall supersede any previous permission given by the competent authority to the applicant notwithstanding anything in section 20. |
| (1A) To avoid doubt, the common law on dedication of land does not apply in relation to any area or connecting structure mentioned in subsection (1)(g) or (h) to create any interest in land. [Act 7 of 2017 wef 15/05/2017] |
(2) The following conditions may also be imposed on the grant of any conservation permission under section 14(4):| (a) | requirements for compliance with any conservation guidelines or any other requirements relating to conservation; | | (b) | requirements for making good any damage caused to the building by any works after the works are completed; and [30/2003 wef 10/12/2003] | | (c) | where the approval of the Commissioner of Building Control under the Building Control Act (Cap. 29) is required to be obtained for the plans of the building works with regard to any works within a conservation area, requirements for the submission to the competent authority, within 7 days of the application for approval made to the Commissioner of Building Control, of a declaration by the qualified person who submitted the plans of the building works to the Commissioner of Building Control for the application that those plans are in accordance with the plans approved by the competent authority in the grant of the conservation permission. [30/2003 wef 10/12/2003] [Act 7 of 2017 wef 15/05/2017] |
|
(3) Where a condition is imposed under section 14(4) on the grant of planning permission or conservation permission in respect of any land —| (a) | every person carrying out any development of the land; | | (b) | every person carrying out any works within a conservation area on the land; and | | (c) | every owner or occupier of the land, |
| must each comply with the condition, whether or not the person, owner or occupier applied for the permission or owned or occupied the land at the time the permission was granted. |
[Act 7 of 2017 wef 15/05/2017] |
(3A) A person shall be guilty of an offence if the person —| (a) | is required by subsection (3) to comply with a condition imposed on a planning permission or conservation permission; | | (b) | carries out or permits the carrying out of any development of land, any works within a conservation area or any other activity in contravention of that condition; and | | (c) | knew or ought reasonably to have known, when carrying out, or permitting the carrying out, of the development, works or activity, that the development, works or activity is in contravention of the condition. [Act 7 of 2017 wef 15/05/2017] |
|
(3B) Subject to subsections (3C) and (3D), any person found guilty of an offence under subsection (3A) shall be liable on conviction —| (a) | to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction; or | | (b) | if the person is a repeat offender, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. [Act 7 of 2017 wef 15/05/2017] |
|
(3C) Where a contravention of subsection (3) by a person includes the demolition of a building (or part of a building) in a conservation area, the person convicted of an offence under subsection (3A) for the contravention shall, in lieu of the punishment prescribed in subsection (3B), be liable —| (a) | to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 12 months or to both; and | | (b) | in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. [Act 7 of 2017 wef 15/05/2017] |
|
(3D) Where a contravention of subsection (3) by a person involves the use of any land or building to provide dormitory accommodation, the person convicted of an offence under subsection (3A) for the contravention shall, in lieu of the punishment prescribed in subsection (3B), be liable —| (a) | to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both; and | | (b) | in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. [Act 7 of 2017 wef 15/05/2017] |
|
| (4) Where any person fails to comply with any condition imposed on any planning permission or conservation permission, the competent authority may cancel the relevant permission. |
(5) In this section —“connecting structure” means any underpass, subway, bridge or other structure, whether under or above ground or at grade and whether for pedestrians or vehicles, linking or connecting —| (a) | a building with another building; | | (b) | a building with any public facility, space or street; or | | (c) | a public facility, space or street with another public facility, space or street, |
| and includes escalators, travellators and other facilities but does not include a railway tunnel or any part of it; |
|
“repeat offender” means a person who is convicted, or found guilty, of an offence (other than a continuing offence) under subsection (3A) and has (whether before, on or after the date of commencement of section 8(i) of the Planning (Amendment) Act 2017) been convicted or found guilty on at least one other earlier occasion of —| (a) | an offence under subsection (3A); or | | (b) | an offence under subsection (3) as in force immediately before that date. [Act 7 of 2017 wef 15/05/2017] [Act 7 of 2017 wef 15/05/2017] |
|
|
|