Planning (Changes in Use — Lodgment Authorisation) (Amendment) Notification 2004

Status:

Published in Subsidiary Legislation Supplement
on 11 Jun 2004

No. S 329

Planning Act

(Chapter 232)

Planning (Changes in Use — Lodgment Authorisation) (Amendment) Notification 2004

In exercise of the powers conferred by section 21(6) of the Planning Act, the Minister for National Development hereby makes the following Notification:

Citation and commencement

1. This Notification may be cited as the Planning (Changes in Use — Lodgment Authorisation) (Amendment) Notification 2004 and shall come into operation on 14th June 2004.

Amendment of paragraph 2

2. Paragraph 2 of the Planning (Changes in Use — Lodgment Authorisation) Notification (N 5, 2004 Ed.) (referred to in this Notification as the principal Notification) is amended —

(a)

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

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

(b)

by inserting, immediately after the words “paragraph 4(1)” in the definition of “relevant date”, the words “or 4A (2)(f), as the case may be,”.

New paragraph 4A

3. The principal Notification is amended by inserting, immediately after paragraph 4, the following paragraph:

“Authorisation of change in use of HDB living quarter

4A.—(1) Subject to sub-paragraphs (2) and (3) and any other written law, any change in use of any HDB living quarter to any non-residential purpose not within any Use Class or use specified in the Sixth Schedule is hereby authorised.

(2) The authorisation under sub-paragraph (1) shall apply only if —

(a)

the change in use of the HDB living quarter does not result in an increase in the floor area;

(b)

no part of the HDB living quarter comprises works that are unauthorised under the Act;

(c)

any approval required from any other relevant authority for the change in use of the HDB living quarter has been obtained prior to making the change in use;

(d)

the prior written approval of the HDB has been obtained for the change in use prior to the lodgment of the plans and other documents under sub-paragraph (f);

(e)

the amenities of the building in which the HDB living quarter is located and the buildings in the surrounding locality are not affected by the change in use of the HDB living quarter; and

(f)

prior to making the change in use of the HDB living quarter, the following documents and plans are lodged with the competent authority together with a fee of $300:

(i)

the plans showing the location and the layout of the HDB living quarter as the competent authority may require and in such manner and scale as the competent authority may require;

(ii)

the duly completed and signed lodgment form required by the competent authority;

(iii)

a declaration to be signed by the person making the lodgment that —

(A)	sub-paragraphs (a), (b) and (d) have been complied with; and
(B)	the change in use of the HDB living quarter does not involve any purpose within any Use Class or use specified in the Sixth Schedule; and

(iv)

a declaration and undertaking by the person making the lodgment that sub-paragraphs (c) and (e) and (3) will be complied with.

(3) The authorisation under sub-paragraph (1) for the change in use of the HDB living quarter shall cease to apply after a period of 36 months from the relevant date and the HDB living quarter shall thereafter be used for residential purpose.”.

Amendment of First Schedule

4. The First Schedule to the principal Notification is amended by deleting the words “Class VI” in the second column of item 6 and substituting the words “Class XVI”.

Amendment of Second Schedule

5. The Second Schedule to the principal Notification is amended by deleting the words “Class VI” in the second column and substituting the words “Class XVI”.

New Sixth Schedule

6. The principal Notification is amended by inserting, immediately after the Fifth Schedule, the following Schedule:

“SIXTH SCHEDULE

Paragraph 4A(1) and (2) (f)

Excluded Purposes and Uses in Relation to HDB Living Quarter

1. Class III

Use as a restaurant

2. Class VII

Use as a light industrial building

3. Class VIII

Use as a general industrial building

4. Class IX

Use as a special industrial building

5. Class X

Use as a warehouse

6. Class XV

Use as a nightclub

7. Class XVI

Use as a pet shop

8. Use as a bar or pub

9. Use as a place for sale of market produce

10. Use as a place for sale of motor vehicle parts and accessories

11. Use as a place for sale of marine vessel parts

12. Use as a place of worship

13. Use as a place for sale of coffins

14. Use as a funeral parlour

15. Use as a workers’ dormitory.”.

Made this 9th day of June 2004.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 265/5-12 Vol. 17; AG/LEG/SL/232/2002/1 Vol. 3]

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