Planning (Development Charge — Exemption) (Amendment) Rules 2007

Status:

Published in Subsidiary Legislation Supplement
on 07 May 2007

No. S 194

Planning Act

(Chapter 232)

Planning (Development Charge — Exemption) (Amendment) Rules 2007

In exercise of the powers conferred by section 40(1) of the Planning Act, the Minister for National Development hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Planning (Development Charge — Exemption) (Amendment) Rules 2007 and shall come into operation on 7th May 2007.

Deletion and substitution of rule 10 and new rule 10A

2. Rule 10 of the Planning (Development Charge — Exemption) Rules (R 6) is deleted and the following rules substituted therefor:

“Exemption in respect of single dwelling-house on land

10.—(1) Subject to paragraph (2), a person shall be exempted from liability to pay any development charge under section 35 of the Act for the following development of land authorised on or after 1st March 2001:

(a)

any addition of floor area for residential use to an existing dwelling-house erected on one or more lots of land where there is no other dwelling-house erected on such lot or lots of land; or

(b)

the erection of a single dwelling-house on one or more lots of land on which —

(i)	one or more dwelling-houses exist at the time of the application for planning permission or conservation permission for the development and such existing dwelling-house or dwelling-houses are to be demolished; or
(ii)	one or more dwelling-houses had existed at any time prior to the application referred to in sub-paragraph (i).

(2) The exemption in paragraph (1) shall not apply to any development of land involving the addition of floor area to an existing dwelling-house referred to in sub-paragraph (a) of that paragraph if the development of land is authorised within 3 years (referred to in this rule as the 3-year period) from the date of the grant of the temporary occupation permit or, where no temporary occupation permit was granted, the date of the grant of the certificate of statutory completion for the existing dwelling-house when it was erected unless —

(a)

in the case where the erection of the existing dwelling-house was authorised by the grant of planning permission or conservation permission —

(i)

the development, together with any previous development authorised within the 3-year period, does not result in the total floor area of the existing dwelling-house increasing in aggregate by more than 20 square metres over and above the total floor area of the existing dwelling-house as authorised in the grant of planning permission or conservation permission for the erection of the existing dwelling-house; or

(ii)

the planning permission or conservation permission granted for the erection of the existing dwelling-house was only for the existing dwelling-house and not for any other house or building; or

(b)

the operations involving the erection of the existing dwelling-house was authorised under the Planning (Development of Land — Lodgment Authorisation) Notification (N 3).

Exemption in respect of conversion of residential buildings to single dwelling-house

10A.—(1) Subject to paragraph (2), a person shall be exempted from liability to pay any development charge under section 35 of the Act for the development of land authorised on or after 7th May 2007 if —

(a)	the development is for the carrying out of addition or alteration works to an existing building or buildings on the land;
(b)	the existing building or, where there is more than one existing building, all the existing buildings on the land are authorised for residential use as at the date of the application for planning permission or conservation permission for the addition or alteration works; and
(c)	the addition and alteration works are for the purpose of converting the existing building or, where there is more than one existing building, all the existing buildings for use as one single dwelling-house on the land.

(2) The exemption in paragraph (1) shall immediately cease to apply and the development of land referred to in that paragraph shall be disregarded for the purpose of determining the Development Baseline of the land if an application for planning permission or conservation permission is made to the competent authority —

(a)	to use the single dwelling-house on the land referred to in paragraph (1)(c) for any purpose other than as one single dwelling-house; or
(b)	to develop the land such that it is for a use other than as land with only one single dwelling-house on it.”.

Made this 16th day of April 2007.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 265/5-68 Pt. 5 T55; AG/LEG/SL/232/2005/2 Vol. 1]

(To be presented to Parliament under section 61(4) of the Planning Act).

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