Planning (Amendment) Bill

Bill No. 14/1989

Read the first time on 19th January 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) 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 of the Planning Act is amended —

(a)

by inserting, immediately after the definition of “competent authority”, the following definitions:

“ “conservation” means the preservation, enhancement or restoration of —

(a)	the character or appearance of a conservation area; or
(b)	the trades, crafts, customs and other traditional activities carried on in a conservation area;

“conservation area” means the conservation area designated by the Minister under section 6A;

“conservation authority” means the Urban Redevelopment Authority or such other body or person as the Minister may appoint;”; and

(b)

by inserting, immediately after the definition of “street”, the following definition:

“ “Urban Redevelopment Authority” means the Urban Redevelopment Authority established under section 3 of the Urban Redevelopment Authority Act [Cap. 340];”.

Amendment of section 3

3. The Planning Act is amended by renumbering section 3 as subsection (1) of that section, and by inserting immediately thereafter the following subsections:

“(2) The powers conferred and the duties imposed on the competent authority under this Act may be exercised and carried out by any of the following persons generally or specially authorised by name or office by the competent authority and subject to his directions and control:

(a)	any officer of the Planning Department of the Ministry of National Development; and
(b)	any officer in the employment of a public authority constituted by any written law as the Minister may approve for the purpose.

(3) The powers conferred and the duties imposed on the competent authority which relate to conservation under Part III may be exercised and carried out by any officer in the employment of the Urban Redevelopment Authority generally or specially authorised by name or office by the competent authority and subject to his directions and control.

(4) Any officer who is generally or specially authorised under subsection (2) or (3) to exercise the powers or to carry out the duties of the competent authority under this Act shall —

(a)	be deemed to be public officers for the purposes of this Act; and
(b)	be public servants within the meaning of the Penal Code [Cap. 224].”.

Amendment of section 6

4. Section 6(3) of the Planning Act is amended by inserting, immediately after the word, “industry,” in the last line, the words “or for the purposes of conservation and the demarcation of conservation areas,”.

New section 6A

5. The Planning Act is amended by inserting, immediately after section 6, the following section:

“Designation of conservation areas

6A.—(1) Where the Minister, after considering any proposal submitted by the competent authority under section 6, is satisfied that any area, district or premises is of special architectural, historic, traditional or aesthetic interest, the character or appearance of which it is desirable to preserve, enhance or restore, the Minister may designate that area, district or premises as a conservation area.

(2) Every conservation area designated under subsection (1) shall be demarcated on the Master Plan.”.

Amendment of the heading of Part III

6. The heading of Part III of the Planning Act is amended by inserting, immediately after the word “LAND”, the words “AND CONSERVATION”.

Amendment of section 9

7. Section 9(6) of the Planning Act is amended by inserting, immediately after paragraph (b), the following paragraph:

“(ba)

for compliance with any guidelines or requirements issued by the conservation authority for the purposes of conservation or any other requirements related thereto;”.

New sections 10A and 10B

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

“Restriction upon works within a conservation area

10A.—(1) Without prejudice to section 9, no person shall, without the written permission of the competent authority carry out any works within a conservation area.

(2) All applications for permission to carry out any works within a conservation area shall be made to the competent authority in the form and manner prescribed by rules made under section 25.

(3) In considering such applications the competent authority may, subject to the rules made under section 25, grant permission to carry out any works within a conservation area, either unconditionally or subject to such conditions as he considers fit, or may refuse permission to carry out any works within a conservation area, and in dealing with any such application the competent authority 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.

(4) Without prejudice to subsection (3), conditions may be imposed on the grant of any permission given thereunder, and those conditions may limit the period for which the permission is granted and may provide —

(a)	for the commencement or completion of any work before the expiration of a specified period;
(b)	for requiring deposits to be placed with such public or statutory authority as the competent authority may specify to secure the compliance with the requirements of that public or statutory authority;
(c)	for compliance with any guidelines or requirements issued by the conservation authority for the purposes of conservation or any other requirements related thereto; and
(d)	for the cancellation of such permission in the event of failure to comply with any conditions imposed thereunder.

(5) Every permission granted to carry out any works within a conservation area, on an application made under subsection (2), shall lapse if the works are not completed within two years of the date of the grant of the permission or, in a case where an appeal has been brought against the conditions imposed by the competent authority, within two years of the date of the determination of the appeal:

Provided that the competent authority may, in his discretion, renew the permission for such period as he may consider necessary.

(6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 and, in the case of a continuing offence, to a fine not exceeding $100 for every day after the first day during which the offence continues.

(7) Any person who fails to comply with any condition imposed by the competent authority under subsection (3) or (4) or by the Minister under subsection (11) or by the Minister on appeal under section 12 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

(8) Where any person fails to comply with any condition imposed by the competent authority or the Minister under this section or section 12, the competent authority may cancel the permission in relation to which the condition that the person failed to comply with was imposed.

(9) The competent authority shall within 3 months of the receipt of an application for permission to carry out any works within a conservation area (either) grant or refuse the application and shall, where the application is granted subject to conditions or refused, give his reasons in writing for his decision; except that if as a result of unavoidable circumstances the competent authority is not able to make a decision on an application to carry out works within a conservation area, the competent authority may defer the decision on the application for such further period as the competent authority thinks fit.

(10) The Minister may, by notification in the Gazette, authorise either generally or in any specified area the carrying out of any works within a conservation area.

(11) The Minister may give directions to the competent authority requiring that all or any applications specified in the directions be referred to him instead of being dealt with by the competent authority and any such application shall be so referred accordingly to the Minister whose decision shall be final and shall not be challenged or questioned in any court; and the Minister may, in giving his decision, impose such conditions as he thinks fit to the granting of permission by the competent authority.

(12) A competent authority intending to carry out any works on land belonging to him which is within a conservation area may be directed by the Minister to furnish to the Minister particulars relating to those works and the Minister may give such further directions as he considers fit in relation thereto.

(13) The competent authority shall keep a record of all permissions granted or refused by him and by the Minister under this section and a record of all decisions of the Minister made under section 12(2).

(14) Copies of such records together with such plans as may be relevant thereto shall be made available for inspection to any member of the public on payment of such fees as may be prescribed.

Meaning of “works within a conservation area”

10B. In this Part, except where the context otherwise requires, “works within a conservation area” means any decorative, painting, renovation or building works which may affect the character or appearance, whether external or internal, of any building, premises or land situated within a conservation area; but does not include any works which involve the development of land.”.

Amendment of section 11

9. Section 11 of the Planning Act is amended —

(a)	by inserting, immediately after the word “land” in the second line of subsection (1), the words “or any works within a conservation area”;
(b)	by inserting, immediately after the words “section 9” in the third line of subsection (1) and in subsection (2)(c), in each case the words “or 10A”; and
(c)	by inserting, immediately after the word “land” in the second line of subsection (14), the words “or any works within a conservation area”.

Amendment of section 12

10. Section 12(1) of the Planning Act is amended by inserting, immediately after the word “land” in the second line, the words “or under section 10A for permission to carry out any works within a conservation area”.

Amendment of section 13

11. Section 13 of the Planning Act is amended by inserting, immediately after subsection (5), the following subsection:

“(6) For the purposes of this section, land within a conservation area shall not be deemed to be land allocated in the Master Plan for development for a public purpose.”.

Amendment of section 25

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

(a)

by inserting, immediately after the word “land” wherever it appears in paragraphs (f), (g) and (h), in each case the words “or to carry out any works within a conservation area”; and

(b)

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

“(ea)

the conservation of buildings, premises or land;”.

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