Planning (Temporary Development Levy — Exemption) Rules

Planning Act

(Chapter 232, Section 40D)

R 10

G.N. No. S 578/2003

REVISED EDITION 2004

(31st December 2004)

[10th December 2003]

Citation

1. These Rules may be cited as the Planning (Temporary Development Levy — Exemption) Rules.

Definitions

2.—(1) In these Rules, unless the context otherwise requires —

“floor area” has the same meaning as in the Planning (Development Charges) Rules (R 5);

“Housing and Development Board” means the Housing and Development Board established under the Housing and Development Act (Cap. 129);

“Housing and Development Board living quarter” means the part of any shop premises, sold or leased by the Housing and Development Board, which was originally constructed with permission granted under the Act for the purpose of providing a residential living quarter within the shop premises;

“industrial retail building” has the same meaning as in the Planning (Use Classes) Rules (R 2);

“permanent permission” means a planning permission or conservation permission granted for a specified period of more than 10 years or without any period specified;

“temporary permission” has the same meaning as in section 40A(5) of the Act;

“warehouse retail building” has the same meaning as in the Planning (Use Classes) Rules (R 2).

(2) For the purposes of these Rules, a use of land is in conformity with the zoning of the land when the use of the land —

(a)	is permissible under the Master Plan in accordance with the zoning of the land in the Master Plan; or
(b)	is ancillary or related to or compatible with the permissible use of the land under the Master Plan and is a use which the competent authority may, in accordance with the Master Plan, allow.

Exemption in respect of Housing and Development Board living quarter

3. A person shall be exempted from liability to pay any temporary development levy under section 40A of the Act for any development of land authorised by the grant of a temporary permission if the development involves a material change in the use of a Housing and Development Board living quarter.

Exemption in respect of conforming use

4.—(1) Subject to paragraphs (2) and (3), a person shall be exempted from liability to pay any temporary development levy under section 40A of the Act for any development of land authorised by the grant of a temporary permission if the following conditions are satisfied:

(a)	the development involves a material change in the use of the land to a use which is in conformity with the zoning for the land; and
(b)	the competent authority in his discretion determines that only a temporary permission and not a permanent permission is to be granted for the material change in the use of the land, irrespective of whether a temporary permission is applied or requested for.

(2) Where the development of land results in an increase in the floor area, the exemption in paragraph (1) shall not apply to the new or additional floor area.

(3) The exemption in paragraph (1) shall not apply to any development of land which involves a material change in the use of the land to an industrial retail building or a warehouse retail building.

Exemption in respect of non-conforming use

5.—(1) Subject to paragraph (2), a person shall be exempted from liability to pay any temporary development levy under section 40A of the Act for any development of land authorised by the grant of a temporary permission if the development involves a material change in the use of the land to a use which is not in conformity with the zoning of the land.

(2) Where the development of land results in an increase in the floor area, the exemption in paragraph (1) shall not apply to the new or additional floor area.

(3) Paragraph (2) shall not apply to any development of land where there is a material change in the use of the land to a use for the purpose of providing car polishing services.

[G.N Nos. S 578/2003; S 654/2004]

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