Planning (Development Charge — Exemption) (Amendment No. 3) Rules 2003

Status:

Published in Subsidiary Legislation Supplement
on 09 Dec 2003

No. S 580

Planning Act

(Chapter 232)

Planning (Development Charge — Exemption) (Amendment No. 3) Rules 2003

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 No. 3) Rules 2003 and shall come into operation on 10th December 2003.

Amendment of rule 2

2. Rule 2 of the Planning (Development Charge — Exemption) Rules 2001 (G.N. No. S 111/2001) is amended —

(a)

by inserting, immediately after the definition of “specified purpose”, the following definitions:

“ “temporary development levy” means the tax payable under section 40A of the Act;

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

(b)

by inserting, immediately after the definition of “Urban Redevelopment Authority”, the following definition:

“ “Use Class” means any Use Class as described in the Schedule to the Planning (Use Classes) Rules (R 2);”.

New rule 14C

3. The Planning (Development Charge — Exemption) Rules 2001 are amended by inserting, immediately after rule 14B, the following rule:

“Exemption in respect of temporary development levy

14C.—(1) A person shall be exempted from liability to pay any development charge under section 35 of the Act for any development of land authorised on or after 10th December 2003, up to the amount determined in accordance with paragraph (2), if the following conditions are satisfied:

(a)

the development of the land involves a material change in the use of the land to a use which is —

(i)	the same as the use authorised by a temporary permission granted by the competent authority for the land for the period specified in the temporary permission; or
(ii)	in the same Use Class as the use authorised by a temporary permission granted by the competent authority for the land for the period specified in the temporary permission;

(b)

the temporary permission referred to in sub-paragraph (a) is the latest temporary permission granted by the competent authority in relation to the land;

(c)

temporary development levy has been paid for the grant of the temporary permission referred to in sub-paragraph (a); and

(d)

the application for planning permission or conservation permission in relation to the development of the land is made before the expiry of the period for which the temporary permission referred to in sub-paragraph (a) is granted.

(2) The exemption under paragraph (1) shall be for the amount of temporary development levy paid for the grant of the temporary permission referred to in paragraph (1)(a).

(3) Where the land which is the subject of the development is smaller in area than the land covered by the temporary permission referred to in paragraph (1)(a), the extent of the exemption set out in paragraph (2) shall apply on a pro-rata basis.”.

[G.N. Nos. S 111/2003; S 417/2003]

Made this 5th day of December 2003.

CHIANG CHIE FOO

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 265/5-168 Vol. 2; AG/LEG/SL/232/2002/1 Vol. 3]

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

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