Planning (Development Charge — Exemption) (Amendment No. 2) Rules 2007

No. S 757

Planning Act

(Chapter 232)

Planning (Development Charge — Exemption) (Amendment No. 2) 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 No. 2) Rules 2007 and shall come into operation on 1st January 2008.

Amendment of rule 2

2. Rule 2 of the Planning (Development Charge — Exemption) Rules (R 6) (referred to in these Rules as the principal Rules) is amended by deleting the definition of “specified purpose” and substituting the following definition:

“ “specified purpose”, in relation to rule 7, means a purpose specified in the first column of the First Schedule;”.

Deletion and substitution of rule 6

3. Rule 6 of the principal Rules is deleted and the following rule substituted therefor:

“Exemption in respect of land leased by State to statutory body

6.—(1) Subject to paragraph (2), 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 1st January 2008 if the following conditions are satisfied:

(a)	the land is leased or agreed to be leased by the State to a statutory body for use or development for a purpose specified in the Fourth Schedule; and
(b)	the terms and conditions of the lease do not stipulate the maximum allowable intensity or plot ratio for the development.

(2) The exemption in paragraph (1) shall be exemption from liability to pay any development charge not exceeding the amount determined in accordance with one of the following formulae:

(a)

where the land is leased or agreed to be leased by the State to the statutory body for use or development for a purpose specified in the Fourth Schedule, other than for the purpose of a Town Centre or Neighbourhood Centre –

(A x B) – C;

(b)

where the land is leased or agreed to be leased by the State to the statutory body for use or development for the purpose of a Town Centre or Neighbourhood Centre –

(0.4A x D₁ + 0.6A x D₂) – C

where

is the floor area obtained by multiplying the area of the land by the plot ratio set out in the second column of the Fourth Schedule corresponding to the purpose for which the land is leased or agreed to be leased by the State to the statutory body;

is the rate specified in Part II of the First Schedule to the Planning (Development Charges) Rules (R 5, 2007 Ed.) corresponding to —

(a) the appropriate geographical sector of the land as defined in those Rules; and

(b) the Use Group within which falls the purpose for which the land is leased or agreed to be leased by the State to the statutory body, subject to the modification specified in paragraph (3);

is the Development Baseline of the land as determined in accordance with section 36 of the Act and computed in accordance with the Planning (Development Charges) Rules;

D₁

is the rate specified in Part II of the First Schedule to the Planning (Development Charges) Rules corresponding to —

(a) the appropriate geographical sector of the land as defined in those Rules; and

(b) Use Group A in Part I of the First Schedule of those Rules; and

D₂

is the rate specified in Part II of the First Schedule to the Planning (Development Charges) Rules (R 5, 2007 Ed.) corresponding to —

(a) the appropriate geographical sector of the land as defined in those Rules; and

(b) Use Group B2 in Part I of the First Schedule of those Rules.

(3) Where the land is leased or agreed to be leased by the State to the statutory body for use or development for a purpose specified in the Fifth Schedule, then in calculating the rate for “B” in the formula referred to in paragraph (2), the Use Group set out in Part I of the First Schedule to the Planning (Development Charges) Rules shall be that specified in the Fifth Schedule.”.

Deletion of rule 12

4. Rule 12 of the principal Rules is deleted.

Deletion and substitution of Fourth Schedule and new Fifth Schedule

5. The Fourth Schedule to the principal Rules is deleted and the following Schedules substituted therefor:

“FOURTH SCHEDULE

Rule 6

Purpose for use or development of land leased or agreed to be leased by the State to statutory body

Plot ratio

Residential (Public Housing)

2.8

Industry

2.5

Warehouse

2.5

Town Centre

3.0

Neighbourhood Centre

3.0

For recreational and other purposes as set out in the Sentosa Development Corporation Act (Cap. 291) for land on Sentosa Island

0.8

Port or port related uses

1.0

Airport or aviation related uses

1.0

Transport Facilities

0.5

Park

1.0

Cemetery

1.0

Science and Technology Park

1.0

FIFTH SCHEDULE

Rule 6

Purpose for use or development of land leased or agreed to be leased by the State to statutory body

Use Group in Part I of First Schedule to Planning (Development Charges) Rules

For recreational and other purposes as set out in the Sentosa Development Corporation Act (Cap. 291) for land on Sentosa Island

Transport Facilities

Science and Technology Park

D”.

Saving and transitional provisions

6. These Rules 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 the principal Rules in force immediately before that date shall continue to apply to such developments of land.

[G.N. No.S 194/2007]

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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