Planning (Amendment) Bill

Bill No. 35/1981

Read the first time on 22nd December 1981.

An Act to amend the Planning Act (Chapter 279 of the 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, 1981, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 1

2. Section 1 of the Planning Act is amended by deleting subsection (2).

Amendment of section 9

3. Section 9 of the Planning Act is amended —

(a)

by deleting subsection (6);

(b)

by deleting subsection (7) and substituting the following subsection: —

“(7) Without prejudice to subsection (5), conditions may be imposed on the grant of any permission given thereunder, and such conditions may limit the period for which the permission is granted and may provide —

(a)	for the commencement of 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 such public or statutory authority;
(c)	for requiring thirty per cent of the floor area of any development to be under the ownership of one person for a period of ten years from the date of the latest grant of a temporary occupation licence before the grant of the certificate of fitness in respect of the development; and
(d)	for the cancellation of such permission in the event of failure to comply with any condition imposed thereunder.”;

(c)

by deleting the word “one” in the fourth line and the word “fifty” in the fifth line of subsection (9) and substituting the word “three” and the words “one hundred”, respectively;

(d)

by deleting the words “, (6) or (7) of this section” in the third line of subsection (10) and substituting the words “or (7) or by the Minister under subsection (14)”;

(e)

by deleting the words “is convicted of an offence under the preceding subsection” in subsection (11) and substituting the words “fails to comply with any condition imposed by the competent authority or the Minister under this section or section 15”;

(f)

by inserting, immediately after the word “decision” at the end of subsection (12), the words “; except that if as a result of unavoidable circumstances the competent authority is not able to make a decision on an application to develop or subdivide any land, the competent authority may defer the decision on the application for such further period as the competent authority thinks fit”; and

(g)

by inserting, immediately after the word “court” at the end of subsection (14), the words “and the Minister may, in giving his decision, impose such conditions as he thinks fit to the granting of permission by the competent authority”.

Amendment of section 14

4. Section 14 of the Planning Act is amended by deleting subsection (1) and substituting the following subsections: —

“(1) If, in the opinion of the competent authority, any development of land has been carried out in contravention of section 9 or any condition imposed thereunder, the competent authority may, by notice in writing (referred to in this Act as an enforcement notice), require such measures as are directed in the notice to be taken within such time as is stated in the notice.

(1A) An enforcement notice shall be served on one or more of the following persons: —

(a)	the owner of the land;
(b)	the occupier of the land;
(c)	any other person who, in the opinion of the competent authority, was responsible for the contravention of section 9 or any condition imposed thereunder.”.

Amendment of section 28

5. Subsection (2) of section 28 of the Planning Act is amended —

(a)

by deleting the word “and” at the end of paragraph (g), and by inserting immediately thereafter the following paragraph: —

“(h)	the payment of a deposit by any person applying for permission to develop or subdivide any land and the circumstances under which such deposit may be forfeited by the competent authority; and”; and

(b)

by re-numbering the existing paragraph (h) as paragraph (i).

Amendment of section 29

6. Section 29 of the Planning Act is amended —

(a)

by deleting the words “, subject to the provisions of subsection (2) of this section,” in the first and second lines of subsection (1);

(b)

by deleting the words “fifty persons per acre or one hundred and twenty-four” in sub-paragraph (ii) of paragraph (a) of subsection (1) and substituting the words “one-hundred and twenty-five”;

(c)

by deleting the word “or” at the end of paragraphs (a) and (b) of subsection (1);

(d)

by deleting the colon at the end of paragraph (c) and substituting a semi-colon, and by inserting immediately thereafter the following paragraphs: —

“(d)	as a result of any alteration or addition to the Master Plan under subsection (1) of section 6 after the commencement of the Planning (Amendment) Act, 1981;
(e)	on a modification of the written permission in respect of the development; or
(f)	which is not in conformity with the Master Plan as in force when the written permission is granted:”; and

(e)

by deleting subsection (2).

Amendment of section 30

7. Section 30 of the Planning Act is amended —

(a)

by deleting subsection (1);

(b)

by deleting subsection (2) and substituting the following subsection: —

“(2) The competent authority shall, by an order, determine whether a development charge is payable in respect of any development and, if payable, the amount thereof.”; and

(c)

by deleting the words “the rate of six per cent per annum” at the end of subsection (4) and substituting the words “such rate per annum as prescribed by the Minister by notification in the Gazette”.

Amendment of section 32

8. Subsection (1) of section 32 of the Planning Act is amended —

(a)

by deleting the word “and” at the end of paragraph (b); and

(b)

by deleting the full-stop at the end of paragraph (c) and substituting a semi-colon, and by inserting immediately thereafter the following paragraph: —

“(d)	the refund, wholly or in part, of the development charge paid by any person.”.

New sections 33A and 33B

9. The Planning Act is amended by inserting, immediately after section 33, the following sections: —

“Notices, etc., may be signed by authorised officer

33A. Any notice, warrant or order issued or to be given by the competent authority under this Act may be signed by any officer of his department authorised by him to act on his behalf.

Service of notices

33B.—(1) Subject to subsection (2), any notice or other document required or authorised to be served or given under this Act may be served or given —

(a)	by delivering it to the person on whom it is to be served or to whom it is to be given;
(b)	by leaving it at the usual or last known place of abode of that person, or in a case where an address for service has been given by that person, at that address;
(c)	by sending it by registered post addressed to that person at his usual or last known place of abode, or, in the case where an address for service has been given by that person, at that address; or
(d)	in the case of an incorporated company or body, by delivering it to the secretary of the company or body at its registered or principal office, or by sending it by registered post addressed to the company or body at that office.

(2) Where the notice or other document is required to be served on or given to a person being the occupier of premises comprised in any land, that notice or other document shall be taken to be duly served on or given to that person if it is addressed to that person and is affixed conspicuously to some part of the premises or to some object on the land.”.

Amendment of section 34

10. Section 34 of the Planning Act is amended by deleting subsections (1) and (2).

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