Planning (Temporary Development Levy) (Amendment) Rules 2007

Status:

Published in Subsidiary Legislation Supplement
on 23 Oct 2007

No. S 559

Planning Act

(Chapter 232)

Planning (Temporary Development Levy) (Amendment) Rules 2007

In exercise of the powers conferred by section 40D 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 (Temporary Development Levy) (Amendment) Rules 2007 and shall come into operation on 24th October 2007.

Amendment of rule 3

2. Rule 3 of the Planning (Temporary Development Levy) Rules (R 9) is amended —

(a)

by deleting the words “The amount” and substituting the words “Subject to paragraph (2), the amount”; and

(b)

by renumbering the rule as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraphs:

“(2) Except as otherwise provided in paragraph (3), where any development of land to be authorised by a temporary permission —

(a)	involves any addition of floor area; and
(b)	is not in conformity with the zoning or the prescribed maximum permissible intensity of the land or both,

the amount of temporary development levy payable under section 40A of the Act in respect of such development of land shall be determined in accordance with the formula

where A, B and C have the same meanings as in paragraph (1).

(3) Paragraph (2) shall not apply to any development of land which involves a material change in the use of the land as an existing car park or part thereof to a use for the purpose of providing car polishing services.

(4) For the purposes of this rule —

(a)

a development of land to be authorised by a temporary permission is not in conformity with the zoning of the land when the use of the land to be authorised —

(i)	is not a use which is permissible under the Master Plan in accordance with the zoning of the land in the Master Plan; or
(ii)	is not ancillary or related to, or compatible with, the permissible use of the land in accordance with the zoning of the land under the Master Plan and is not a use which the competent authority may, in accordance with the Master Plan, allow;

(b)

a development of land to be authorised by a temporary permission is not in conformity with the prescribed maximum permissible intensity of the land if —

(i)	the development intensity for the land to be authorised by the temporary permission will exceed the maximum permissible intensity of the land prescribed in the Master Plan; or
(ii)	any increase in floor area to be authorised by the temporary permission will result in the total approved development intensity for the land exceeding the maximum permissible intensity of the land prescribed in the Master Plan; and

(c)

the prescribed maximum permissible intensity of the land in the Master Plan shall include any increase in plot ratio which the competent authority may, in accordance with the Master Plan, permit over and above the maximum permissible intensity of the land prescribed in the Master Plan.

(5) In this rule, “floor area” has the same meaning as in the Planning (Development Charges) Rules (R 5).”

Made this 19th day of October 2007.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 265/5-135 Vol. 7; AG/LEG/SL/232/2005/2 Vol. 2]

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

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