Planning (Development Charges) (Amendment No. 4) Rules 2007

No. S 756

Planning Act

(Chapter 232)

Planning (Development Charges) (Amendment No. 4) 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 Charges) (Amendment No. 4) Rules 2007 and shall come into operation on 1st January 2008.

Amendment of rule 2

2. Rule 2 of the Planning (Development Charges) Rules (R 5, 2007 Ed.) (referred to in these Rules as the principal Rules) is amended by deleting the definitions of “equivalent plot ratio”, “1958 Master Plan” and “1982 Master Plan”.

Deletion and substitution of rules 3, 4 and 5

3. Rules 3, 4 and 5 of the principal Rules are deleted and the following rules substituted therefor:

“Computation of Development Baseline

3.—(1) In determining the Development Baseline of any land under section 36(1) of the Act, the value of any authorised development of that land shall be determined in accordance with the formula (C x D)

where C

is the floor area of the development of the land, being an authorised development to be used for any purpose and which satisfies one or more of the following criteria:

(a) development charge, where payable in respect of the authorised development, has been paid;

(b) no development charge is payable in respect of the authorised development by reason of any exemption or remission under the Act or the repealed Planning Act (Cap. 232, 1990 Ed.); or

(c) development charge is not payable in respect of the authorised development under the written law then in force when the development was authorised; and

is the rate corresponding to both the geographical sector of the land and the Use Group within which that purpose falls.

(2) In determining the Development Baseline for any land referred to in section 36(5) of the Act, the value of the last authorised development of that land before the material date shall be determined in accordance with the formula (E x F)

where E

is the floor area permitted for any purpose for that last authorised development of the land before the material date; and

is the rate corresponding to both the appropriate geographical sector of the land and the Use Group within which that purpose falls.

Computation of Development Ceiling

4. In determining the Development Ceiling for any land under section 36(7) of the Act, being land that is intended to be developed for any purpose, the following formulae shall, subject to these Rules, apply:

(a)

the value of the authorised development to be retained as referred to in section 36(7)(a) of the Act shall be determined in accordance with the formula (A₁ x B₁)

where

A₁

is the floor area of the development for any purpose which was previously authorised and is to be retained in the intended development; and

B₁

is the rate corresponding to both the appropriate geographical sector of the land and the Use Group within which that purpose falls; and

(b)

the value of the intended development to be authorised by the written permission as is referred to in section 36(7)(b) of the Act shall be determined in accordance with the formula (A₂ x B₂)

where

A₂

is the floor area of the intended development for any purpose to be authorised by a written permission; and

B₂

is the rate corresponding to both the appropriate geographical sector of the land and the Use Group within which that purpose falls.

Purpose of development not within any Use Group

5. Where the floor area of any development referred to in rules 3 and 4 is authorised or to be authorised for a purpose not falling within any Use Group, the rates D and F referred to in the formulae in rule 3, and the rates B₁ and B₂ referred to in the formulae in rule 4, shall be such rates as the competent authority determines to be just and reasonable, having regard to the Use Group which most closely corresponds to the purpose for which the development is authorised or to be authorised.”.

Deletion of rule 6

4. Rule 6 of the principal Rules is deleted.

Amendment of rule 7

5. Rule 7 of the principal Rules is amended —

(a)	by deleting the words “rule 3 (1)(c)” in the 5th line of paragraph (1) and substituting the words “rule 3 (1)”;
(b)	by deleting the words “the formulae in rule 3 (1)(c) and (2)” in paragraph (3)(a) and substituting the words “the formulae in rule 3 (1) and (2)”;
(c)	by deleting the words “the formulae in rule 4 (1)(a) and (b)” in paragraph (3)(b) and substituting the words “the formulae in rule 4”;
(d)	by deleting the words “, by a written permission” in paragraph (3)(b);
(e)	by deleting the words “rule 3 (1)(c) and (2) and rule 4 (1)(a) and (b)” in paragraph (3)(d) and substituting the words “rules 3 and 4”; and
(f)	by deleting paragraph (5).

Amendment of rule 8

6. Rule 8 of the principal Rules is amended by deleting the words “or the land is zoned in the 1958 Master Plan or, where applicable, the 1982 Master Plan, for a purpose falling within any of those Use Groups”.

Amendment of rule 9

7. Rule 9 of the principal Rules is amended —

(a)	by deleting the words “for written permission to develop the land” and substituting the words “for the development of the land to be authorised”; and
(b)	by deleting the words “rule 4 (1)(b)” in paragraphs (b) and (c) and substituting in each case the words “rule 4 (b)”.

Amendment of rule 13

8. Rule 13 of the principal Rules is amended by deleting the words “C₃ in the formula specified in rule 3 (1) (c)” in paragraph (a) and substituting the words “C in the formula specified in rule 3 (1)”.

Amendment of rule 19

9. The principal Rules are amended by renumbering rule 19 as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraph:

“(2) These Rules as amended by the Planning (Development Charges) (Amendment No. 4) Rules 2007 (G.N. No. S 756/2007) shall not apply to any development of land in respect of which is made an application for planning permission or conservation permission before 1st January 2008, and these Rules in force immediately before that date shall continue to apply to such developments of land.”.

Amendment of First Schedule

10. Part I of the First Schedule to the principal Rules is amended —

(a)

by deleting the sub-heading and substituting the following sub-heading:

“PURPOSES OF DEVELOPMENT WITHIN USE GROUPS”;

(b)

by deleting the column relating to “Purposes for which land is zoned in Master Plan” and all the entries relating thereto; and

(c)

by inserting, immediately after the word “market” in the column relating to “Purposes for which development is permitted or to be authorised” corresponding to Use Group A, the words “, sports and recreation building”.

Made this 31st day of December 2007.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 265/5-172 (T38); 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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