Planning (Amendment) Ordinance

Bill No. 20/1964

Read the first time on 10th June 1964.

An Ordinance to amend the Planning Ordinance, 1959 (No. 12 of 1959).

Be it enacted by the Yang di-Pertuan Negara with the advice and consent of the Legislative Assembly of Singapore, as follows: —

Short title and commencement

1. This Ordinance may be cited as the Planning (Amendment) Ordinance, 1964, and shall come into operation on such date (hereinafter in this Ordinance referred to as “the appointed day”) as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Subsection (1) of section 2 of the Planning Ordinance, 1959 (hereinafter in this Ordinance referred to as the “principal Ordinance”), is hereby amended by inserting immediately after the definition of “Municipal Provident Fund” appearing therein the following new definition: —

“ “occupier” includes any person in actual occupation of land or premises or any person having the charge, management or control of the land or premises either on his own account or as an agent of another person, but shall not include a lodger;”.

Amendment of section 9

3. Section 9 of the principal Ordinance is hereby amended —

(a)

by inserting immediately after subsection (7) thereof the following new subsection: —

“(7A) Every permission granted to carry out any building operations, on an application to develop, pursuant to the provisions of subsection (4) of section 9 of this Ordinance, shall lapse, if the development is 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 its discretion, renew such permission for such period as it may consider necessary.”; and

(b)

by inserting immediately after the word “decision” appearing at the end of subsection (13) thereof the words “which shall be final”.

Amendment of section 10

4. The principal Ordinance is hereby amended by inserting immediately after section 10 thereof the following new section: —

“Power to cancel permission

10A. Any permission, granted before a date to be appointed by the Minister, by notification in the Gazette, to carry out any building opera tions, may be cancelled by the Competent Authority if —

(a)	the notice of commencement of building operations has not been given pursuant to the provision of subsection (1) of section 52 of the Local Government Integration Ordinance, 1963 (Ord. 18 of 1963), within one year of such date; or
(b)	such building has not been completed within three years of such date or within such extended period as the Competent Authority may allow.”.

Repeal and re-enactment of section 13

5. Section 13 of the principal Ordinance is hereby repealed and the following substituted therefor: —

“Enforcement of planning control

13.—(1) If, in the opinion of the Competent Authority, any development of land has been carried out in contravention of the provisions of section 9 of this Ordinance or any conditions imposed thereunder, the Competent Authority may, by notice in writing (hereinafter in this Ordinance referred to as an “enforcement notice”), direct the owner or occupier of the land or such other person who, in the opinion of the Competent Authority, was responsible for such contravention, to take, within a time to be stated in the notice, such measures as are directed by the enforcement notice.

(2) An enforcement notice shall take effect subject to the provisions of subsection (6) of this section at the end of such period, not being less than twenty-eight days, after service thereof, as may be specified in the notice:

Provided that, where a person appeals against a direction in an enforcement notice or withdraws such an appeal, the enforcement notice shall take effect at the end of twenty-eight days from the date of the appeal or the withdrawal of the appeal, as the case may be.

(3) Any person aggrieved by any direction given in an enforcement notice may, at any time within the period specified in such enforcement notice, appeal to the Minister in the form and manner prescribed by rules made under the provisions of section 17 of this Ordinance.

(4) Where an appeal is made under the provisions of subsection (3) of this section, the Minister may dismiss the appeal, allow the appeal unconditionally or allow the appeal subject to such conditions as he deems fit.

(5) The decision of the Minister on an appeal, made under the provisions of subsection (3) of this section, shall be final.

(6) When an appeal is made to the Minister under the provisions of subsection (3) of this section, the enforcement notice shall be of no effect pending the final determination or withdrawal of the appeal.

(7) Any person who fails to comply with any direction in an enforcement notice by the Competent Authority, under the provisions of subsection (1) of this section, shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding three thousand dollars and to a further fine not exceeding one hundred dollars for every day during which the offence is continued after conviction.

(8) If any person fails to comply with the directions given in an enforcement notice, the Competent Authority may enter upon the land and take any measures directed by such enforcement notice.

(9) Any expenses incurred by the Competent Authority, in exercise of the powers conferred by subsection (8) of this section, shall be a first charge on the holding upon or in respect of which the same were expended or are payable.

(10) The certificate of the Competent Authority stating the amount of the expense so incurred shall be conclusive evidence of such amount.

(11) Compliance with an enforcement notice whether in respect of —

(a)	the demolition or alteration of any building or works; or
(b)	the discontinuance of any use of land; or
(c)	in respect of any other requirements contained in the enforcement notice,

shall not discharge the enforcement notice.

(12) A person who uses land, at any time in contravention of the enforcement notice after the directions in such enforcement notice have been complied with shall, notwithstanding such compliance with the enforcement notice, be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(13) Any person, who carries out any development on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the directions in an enforcement notice shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.”.

Amendment of section 14

6. Subsection (1) of section 14 of the principal Ordinance is hereby amended by deleting the words “two months” appearing in the sixth line thereof and substituting therefor the expression “twenty-eight days”.

New sections 16, 16A to 16J

7. The principal Ordinance is hereby amended by inserting immediately after section 15 thereof the following new sections: —

“Authority to enter upon land

16.—(1) Any person, duly authorised by the Minister or by the Competent Authority, may at all reasonable hours in the daytime enter into and upon any land for the purpose of carrying out the provisions of this Ordinance.

(2) A person authorised, under the provisions of subsection (1) of this section, to enter upon any land shall, if so required by the owner or occupier, produce evidence of his authority before so enterling it.

(3) Any person who wilfully obstructs a person at any time in exercise of his authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Proceedings for recovery of money due under the Ordinance

16A.—(1) For the recovery of any money due under this Ordinance, the Competent Authority shall have and may exercise the following powers: —

(a)

the Competent Authority may issue a warrant of attachment and may seize by virtue thereof any movable property and crops of any person liable to pay any sum due, and may, after service of the prescribed notice, sell the same by public auction or in such manner as may be prescribed;

(b)

the Competent Authority may, by notice of sale to be served or published in the prescribed manner, declare his intention of selling, at the expiration of three months from the date of such notice of sale, any land, belonging to the person from whom any sum is due and, if at the expiration of such period, such sum has not been paid or satisfied, the Competent Authority may sell, by public auction or otherwise the whole of such land or such portion thereof or such interest therein as it deems sufficient for the recovery of such sum and costs:

Provided that the Competent Authority shall not proceed under paragraph (b) of this subsection and sell the land of any person from whom any sum is due, or any portion thereof or interest therein where there is or upon the land and liable to be seized and sold under paragraph (a) of this subsection movable property or crops, belonging to the person from whom any sum is due, of a value estimated by the Competent Authority to be sufficient to realise the sum required to satisfy the money due and costs.

(2) Any tenant, sub-tenant or occupier who, in order to avoid the seizure or sale of the land for non-payment of any sum due from the owner of the land, pays such sums and costs may thereafter, in the absence of any written agreement to the contrary, deduct the amount so paid by him from the rent due or to become due by him to his immediate landlord on account of the land or such part thereof as is held or occupied by him, and may retain possession thereof until such amount has been fully reimbursed to him whether by deduction from the rent or otherwise. Any tenant or sub-tenant who shall have reimbursed, whether by allowing a deduction from his rent or otherwise, any sub-tenant or occupier holding or occupying under him the amount so paid by such sub-tenant or occupier shall have a similar right to retain possession until similarly reimbursed.

(3) The receipt of the Competent Authority or of any duly authorised officer of his department for any amount so paid by any such tenant, sub-tenant or occupier shall be deemed to be an acquittance in full for the like amount of the rent.

(4) If any land belonging to a person from whom any sum is due, or any movable property or crops as are mentioned in subsection (1) of this section or the proceeds of sale thereof are already in the custody of the law under any process of execution whereby the Competent Authority is unable to exercise the powers vested in it by this section, the Competent Authority may notify the Sheriff or the Bailiff of the court concerned of the amount due, and shall be entitled without obtaining judgment to be paid such amount out of such proceeds of sale or the proceeds of sale of such land, movable property or crops in priority to the judgment debtor and to the judgment creditor and to any other creditor, except the Government. A certificate from the Competent Authority shall be conclusive evidence of the amount of any sum that may be due.

Attachment

16B.—(1) The attachment mentioned in paragraph (a) of subsection (1) of section 16A of this Ordinance may be made by a person appointed for the purpose by the Competent Authority and such person shall publicly notify the attachment in the prescribed manner and shall take an inventory of the property attached.

(2) Such person shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 119).

(3) For the purpose of effecting such attachment such person may break upon in the day time any house or building.

Application of proceeds

16C.—(1) The proceeds of a sale under subsection (1) of section 16A of this Ordinance shall be applied in the first place in satisfaction of the sum due together with interest thereon at the rate of six per centum per annum and costs.

(2) In the event of there being any surplus remaining thereafter the Competent Authority shall, if satisfied as to the right of any person claiming such surplus, pay the amount thereof to such person or, if not so satisfied, shall hold the amount in trust for the persons who ultimately succeeds in due course of law in establishing his title thereto.

(3) If no title is established to such surplus within the period of five years from the date of the sale, it shall be paid into the Consolidated Fund.

Title conferred upon purchaser at a sale under section 16A

16D.—(1) The purchaser at a sale, under paragraph (b) of subsection (1) of section 16A of this Ordinance, shall be deemed to have acquired the right or property offered for sale free from all encumbrances created over it and from all subordinate interests derived from it, except as such are expressively reserved by the Competent Authority at the time of the sale.

(2) The Competent Authority shall notify in the Gazette the result of the sale and the conveyance to the purchaser of the right or property offered for sale.

Cost of proceedings for recovery of sum due

16E. All costs and expenses incurred in the recovery of any sum due may be recovered as if they formed part of the sum due.

Power to stop sale

16F. If any person having any interest in any land liable to be sold at any time previous to such sale tenders to the Competent Authority the sum due with interest and costs, the Competent Authority shall thereupon desist from all further proceedings in respect thereof.

Application to court

16G.—(1) If any person whose movable property, crops or land has been attached or offered for sale disputes the propriety of the attachment or sale, he may apply to the High Court, or, when the sum due does not exceed one thousand dollars, to a District Court for an order to stay the proceedings.

(2) The court, after hearing the Competent Authority and after making such further enquiry as is necessary, shall make such order as it thinks fit.

Security to be given

16H. No application shall be entertained by the court under section 16G of this Ordinance unless the applicant has deposited in court the amount of the sum due and costs or given security for such sum to the satisfaction of the court.

Liability for payment of any sum due by the transferor

16I.—(1) Every person who sells or transfers any land in respect of which any sum is due shall continue to be liable for the payment of all sums due in respect of such land which had become payable at any time before such sale or transfer of such land.

(2) Nothing herein shall affect the liability of the purchaser or transferee to pay any sum due in respect of such property or affect the right of the Competent Authority to recover such sum under this Ordinance.

Determination of development charge, etc., not to be inpeached for want of form

16J.—(1) No determination of a development charge by the Competent Authority or any other sum due under this Ordinance and no seizure or sale shall be impeached or affected by reason of any mistake in —

(a)	the name of any person liable to pay the development charge or other sum due;
(b)	the description of any land in respect of which the development charge or other sum is payable; or
(c)	the amount of the development charge or other sum or the mode of seizure and sale:

Provided that the provisions of this Ordinance or of any rules made thereunder are in substance complied with.

(2) No proceedings under this Ordinance for the recovery of any taxes shall be quashed or set aside in any court for want of form or procedure.”.

Amendment of section 17

8. Subsection (1) of section 17 of the principal Ordinance is hereby deleted and the following substituted therefor: —

“(1) The Minister may make rules generally to give effect to the provisions of this Ordinance and for prescribing anything that is to be prescribed.”.

New Part IIIA

9. The principal Ordinance is hereby amended by inserting immediately after section 17 thereof the following new Part: —

“PART IIIA

DEVELOPMENT CHARGE

Levy of development charge

17A.—(1) There shall, subject to the provisions of subsection (2) of this section, be paid to the Competent Authority a charge (hereinafter in this Ordinance referred to as “the development charge”) for written permission, including amendments to such written permission, granted under the provisions of subsection (1) of section 9 of this Ordinance which permits development —

(a)

in excess of —

(i)	the average residential density prescribed in the Town Map or the Central Area Map of the Master Plan; or
(ii)	the average density of fifty persons per acre in the Island Map of the Master Plan; or

(b)

on an alteration to the Master Plan, under the provisions of subsection (2) of section 6 of this Ordinance after the 1st day of January 1964:

Provided that the development charge, for amendments to a written permission, shall not be payable in respect of the dwelling units, plot or floor area for which the development charge has already been paid.

(2) No charge shall be payable on a written permission granted to statutory boards.

(3) The development charge may, in the discretion of the Competent Authority, be levied on —

(a)	the owner of the land in respect of which written permission is granted; or
(b)	the person making the application for the grant of written permission.

(4) Notwithstanding the provisions of subsection (12) of section 9 of this Ordinance the Competent Authority shall not grant written permission until —

(a)	the development charge, if any, has been determined, under the provisions of subsection (2) of section 17B of this Ordinance; and
(b)	such development charge has been paid or secured to its satisfaction.

(5) The Master Plan for the purposes of this Part of this Ordinance means the Master Plan submitted to and approved by the Governor in Council on the 5th day of August, 1958, including the written statement of the Master Plan, together with all alterations, additions and amendments made to such Plan and statement before the 1st day of January 1964.

Determination of development charge

17B.—(1) Any person, who applies for written permission, under the provisions of subsection (1) of section 9 of this Ordinance, shall together with such application, apply to the Competent Authority in the prescribed manner for the determination of the development charge, if any, that is payable.

(2) The Competent Authority shall —

(a)	on an application being made, under the provisions of subsection (1) of this section; or
(b)	where no such application has been made, after serving a notice on the person from whom it is intended to levy the development charge,

determine the development charge, if any, by an order.

(3) The Competent Authority shall serve a copy of such order on the person liable for the payment of the development charge.

(4) The development charge, determined under the provisions of subsection (2) of this section, may in the discretion of the Competent Authority be paid by such number of instalments as it may permit, together with interest at the rate of six per centum per annum.

(5) Any person, who is dissatisfied with the order of the Competent Authority, made under the provisions of subsection (2) of this section, may within ten days of the service of the notice appeal to the Minister whose decision thereon shall be final.

Development charge to be a first charge on land

17C. If any development is commenced or carried out without payment of the development charge, such development charge shall, subject to the rights of the Government, be a first charge on the land of any person from whom any money is due under the provisions of this Ordinance.

Power to prescribe development charge

17D.—(1) The Minister may prescribe rules for giving effect to the provisions of this Part of this Ordinance and, without prejudice to the generality of the foregoing, for or in respect of all or any of the following matters: —

(a)	the different rates of development charge;
(b)	exemption of a particular, or a class of, development from the liability to pay the development charge; and
(c)	the procedure for an application for the determination of any development charge.

(2) All rules made under this section shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication.

Payment of charges into the Consolidated Fund

17E. The Competent Authority shall pay all moneys collected under this Part of this Ordinance into the Consolidated Fund.”.

Miscellaneous amendments

10. The provisions of the principal Ordinance set out in the Schedule to this Ordinance are hereby amended by deleting the expression “Yang di-Pertuan Negara” wherever they appear therein and substituting therefor the word “Minister”.

Transitional provisions

11.—(1) An application for written permission, under the provisions of subsection (1) of section 9 of the principal Ordinance, which on the appointed day —

(a)	has not been decided or granted by the Minister or the Competent Authority, as the case may be;
(b)	has been refused by the Competent Authority, but in respect of which the period of appeal has not expired; or
(c)	in respect of which there is an appeal to the Minister against the decision of the Competent Authority and which has not been allowed or dismissed,

shall be deemed to have been made on the appointed day.

(2) Such an application shall —

(a)	be deemed to be an application for the determination of the development charge, if any, payable under the provisions of section 17A of the principal Ordinance; and
(b)	notwithstanding the provisions of subsection (12) of section 9 of the principal Ordinance, not be granted until the development charge has been paid or secured to the satisfaction of the Competent Authority.

(3) Every application for an amendment to a written permission, which was granted under the provisions of section 9 of the principal Ordinance before the appointed day, shall be liable to the payment of the development charge under subsection (1) of section 17A of the principal Ordinance:

Provided that the development charge shall not be payable in respect of the dwelling units or floor area for which planning permission was granted before the appointed day.

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