Planning (Amendment No. 2) Act 1989 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 31]

Friday, August 25

[1989

The following Act was passed by Parliament on 4th August 1989 and assented to by the President on 19th August 1989:—

Planning (Amendment No. 2) Act 1989

(No. 31 of 1989)

I assent.

WEE KIM WEE

President.

19th August 1989.

Date of Commencement: 1st September 1989

An Act to amend the Planning Act (Chapter 232 of the 1985 Revised Edition)

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Planning (Amendment No. 2) Act 1989 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2(1) of the Planning Act is amended —

(a)	by deleting the words “the Urban Redevelopment Authority or such other” in the definition of “conservation authority” and substituting the word “such”; and
(b)	by deleting the definition of “Urban Redevelopment Authority”.

Amendment of section 3

3. Section 3 of the Planning Act is amended —

(a)	by deleting paragraph (a\) of subsection (2);
(b)	by deleting subsection (3); and
(c)	by deleting the words “or (3)” in subsection (4).

New section 9A

4. The Planning Act is amended by inserting, immediately after section 9, the following section:

“Provisional permission

9A.—(1) Without prejudice to section 9, the competent authority or the Minister, as the case may be, may at any time after an application for permission to develop any land under section 9(1) and before the application is determined in accordance with that section, provisionally grant permission to develop the land for such period, not exceeding 6 months, and subject to such conditions as he thinks fit, except that the competent authority or the Minister may extend the period of the provisional permission for such further period as he thinks fit.

(2) In granting any provisional permission to develop any land, the competent authority or the Minister, as the case may be, shall act in conformity with the provisions of the Master Plan and any Certified Interpretation Plan in so far as they may be material thereto.

(3) If the competent authority or the Minister, as the case may be, grants or refuses permission to develop any land which is the subject of any provisional permission to develop granted under this section, the provisional permission shall cease to have effect.

(4) A valid and subsisting in principle approval for the development of any land given by the competent authority or the Minister before the commencement of the Planning (Amendment No. 2) Act 1989 shall have the same force and effect as a provisional permission to develop the land granted under this section; and where any written law or document refers expressly or by implication to such in principle approval for development of land, the reference shall (except where the context otherwise requires) be construed as a reference to a provisional permission to develop the land.”.

New section 10C

5. The Planning Act is amended by inserting, immediately after section 10B, the following section:

“Conservation guidelines

10C.—(1) For the purposes of this Act, the conservation authority may from time to time issue guidelines for the conservation of any building or land within a conservation area and such other requirements, particulars and information relating to conservation as the conservation authority thinks fit.

(2) The conservation authority shall publish and make available copies of such guidelines, requirements, particulars and information issued under subsection (1) for free inspection and for sale at a reasonable cost to the public.”.

Amendment of section 25

6. Section 25(2) of the Planning Act is amended —

(a)

by inserting, immediately after paragraph (d), the following paragraph:

“(da)

the number of car parks and car parking spaces to be provided on any class of land or building, the minimum dimensions and area of such car parks and car parking spaces and the arrangement of such car parking spaces, and the conditions (including the payment of moneys or giving of security to the competent authority) under which a waiver of these requirements relating to car parks and car parking spaces may be granted by the competent authority;”; and

(b)

by inserting, immediately after paragraph (g), the following paragraph:

“(ga)

the fees or charges to be paid for any matter or thing done by the competent authority under this Act or any rules made thereunder;”.

New section 25A

7. The Planning Act is amended by inserting, immediately after section 25, the following section:

“Payment of fees, etc

25A. Subject to section 31, to any agreement made between the Minister and any public authority referred to in section 3(2)(b), and to any direction of the Minister, all fees and charges collected under the provisions of this Act or any rules made thereunder shall be paid into the Consolidated Fund.”.

Amendment of section 26

8. Section 26 of the Planning Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) There shall be paid to the competent authority a tax (referred to in this Act as a development charge) for written permission, including amendments to the written permission, granted under section 9(1) which permits development of land in an area —

(a)	not in accordance with the purposes for which the area has been zoned in the Master Plan;
(b)	in excess of the plot ratio specified in the Master Plan in relation to that area;
(c)	in excess of the equivalent plot ratio of that area; or
(d)	of such a nature involving any change in the use of the land or any building as may be prescribed,

except that a development charge for amendments to a written permission shall not be payable with respect to any floor area for which the development charge has already been paid.”;

(b)

by deleting the words “before 1st January 1964” in subsection (4) and substituting the words “for which development charge where payable has been paid”; and

(c)

by inserting, immediately after subsection (4), the following subsection:

“(5) For the purposes of this section, the equivalent plot ratio of any area shall be the numerical value obtained by multiplying the maximum density specified in the Master Plan in relation to that area with a prescribed factor.”.

Amendment of section 27

9. Section 27 of the Planning Act is amended by deleting subsections (1) and (2) and substituting the following subsections:

“(1) Subject to this section, any development charge payable under section 26(1) for any written permission to develop any land shall be determined in accordance with a prescribed rate and method of calculation.

(2) Where any person is dissatisfied with the amount of any development charge determined in accordance with subsection (1), the person may, within 14 days of the service of any order under section 28(2) in respect of the development charge, in writing request the competent authority to determine the development charge in accordance with subsection (2A).

(2A) Where any person makes a request under subsection (2) in relation to any development charge in respect of any land, the development charge payable for any written permission to develop the land shall be a prescribed percentage of any appreciation in the value of the land arising from the grant of the written permission to develop the land.

(2B) The Minister may limit the application of subsections (2) and (2A) to cases where the amount of development charge determined in accordance with subsection (1) exceeds a prescribed sum.”.

Amendment of section 28

10. Section 28 of the Planning Act is amended —

(a)

by deleting subsections (3) and (4) and substituting the following subsection:

“(3) Where a person who is liable for the payment of a development charge determined by the competent authority by order in accordance with section 27(2A) is dissatisfied with the order, he may, within 30 days of the service of the order, appeal to the Minister whose decision shall be final.”; and

(b)

by deleting the words “subsection (4)” in subsections (5) and (6) and substituting in each case the words “subsection (3)”.

Amendment of section 30

11. Section 30(1) of the Planning Act is amended —

(a)

by inserting, immediately after the words “this Part” in the second line, the words “and for any matter which is required under this Part to be prescribed”; and

(b)

by deleting paragraph (a) and substituting the following paragraph:

“(a)	the different rates and methods of calculation of development charge;”.

Amendment of section 32

12. Section 32 of the Planning Act is amended by deleting the words “of his department” and substituting the words “in the employment of any public authority referred to in section 3 (2) (b) and”.

Saving and transitional provisions

13.—(1) In this section, unless the context otherwise requires, “Authority” means the Urban Redevelopment Authority established under section 3 of the Urban Redevelopment Authority Act (Cap. 340).

(2) All conservation guidelines made by the Authority before the commencement of this Act under section 18 of the Urban Redevelopment Authority Act shall be deemed to have been made under the Planning Act (Cap. 232) as amended by this Act.

(3) As from the commencement of this Act —

(a)

all moneys paid to and held by the Authority immediately before such commencement pursuant to section 49(3)(b) of the Urban Redevelopment Authority Act shall be paid into the Consolidated Fund; and

(b)

all rights and interests vested in, and all liabilities and obligations incurred by, the Authority immediately before such commencement in connection with all moneys payable by way of instalments to or the payment of which is secured to the satisfaction of the Authority pursuant to section 49(3)(b) of that Act, shall be transferred to and shall vest in the competent authority for the account of the Consolidated Fund without further assurance.

(4) Any requirement or condition imposed, act done, waiver granted or order made by or any undertaking given to the Authority under the provisions of the Urban Redevelopment Authority Act (Cap. 340) in respect of the provision of car parking spaces shall be deemed to have been imposed, done, granted, or made by or given to the competent authority under the Planning Act (Cap. 232) as amended by this Act or any rules made thereunder and shall continue to have effect accordingly.

(5) Any proceedings or cause of action pending or existing immediately before the appointed day by or against the Authority in connection with the provision of car parking spaces may be continued and shall be enforced by or against the competent authority.

(6) Sections 8 and 9 of this Act shall not apply to any case where the competent authority or the Minister, as the case may be, has before the commencement of this Act granted provisional permission to develop land under the Planning Act as amended by this Act.

(7) Section 10 of this Act shall not apply to any appeal against any determination of development charge in any case referred to in subsection (6); and the Planning Act shall continue to apply to such appeal as if this Act had not been enacted.

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