Planning (Changes in Use — Lodgment Authorisation) Notification

Planning Act

(Chapter 232, Section 21(6))

N 5

G.N. No. S 382/2002

REVISED EDITION 2004

(29th February 2004)

[1st August 2002]

Citation

1. This Notification may be cited as the Planning (Changes in Use — Lodgment Authorisation) Notification.

Definitions

2. In this Notification, unless the context otherwise requires —

“bar or pub”, “betting outlet” and “showroom” have the same meanings as in the Planning (Use Classes) Rules (R 2);

[S 337/2009 wef 20/07/2009]

“floor area” has the same meaning as in the Planning (Development Charges) Rules (R 5);

“HDB” means the Housing and Development Board established under the Housing and Development Act (Cap. 129);

“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;

“JTC” means the Jurong Town Corporation established under the Jurong Town Corporation Act (Cap. 150);

“pedestrian link” means any underground or second or upper storey pedestrian mall or link that is part of a building set out in Parts I and II of the Fourth Schedule and connects that building to another building or to a public facility or street;

“People’s Association” means the People’s Association established under the People’s Association Act (Cap. 227);

“relevant date” means the date of lodgment of the plans and documents specified in paragraph 4(1)(k) or 4A(2)(f), as the case may be,with the competent authority;

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

Authorisation of change in use

3. Subject to paragraph 4 and any other written law, any change in use of any part of a building specified in the first column of the First or Second Schedule (referred to in this Notification as the relevant premises) to any purpose in any Use Class or to any use specified in the second column of the First or Second Schedule, as the case may be, in relation to that building, is hereby authorised.

Conditions of authorisation

4.—(1) The authorisation under paragraph 3 shall apply only if —

(a)

the change in use of the relevant premises does not result in an increase in the floor area of the building;

(b)

where the relevant premises are specified in the first column of items 1 to 5 in the First Schedule or in the first column of the Second Schedule, the floor area of the relevant premises is approved or authorised under the Act to be used for —

(i)	a commercial use or purpose; or
(ii)	any purpose in any Use Class or any use specified in the second column of items 1 to 5 in the First Schedule or the second column of the Second Schedule, as the case may be, in relation to the relevant premises;

(c)

where the relevant premises are specified in the first column of item 6 in the First Schedule, the floor area of the relevant premises is approved or authorised under the Act to be used for —

(i)	any purpose in Use Classes XII and XIII; or
(ii)	any purpose in any Use Class or any use specified in the second column of item 6 in the First Schedule;

(d)

no part of the relevant premises comprises works that are unauthorised under the Act;

(e)

the relevant premises are not located within the car park of the building (including the ancillary areas of the car park), an approved covered or open walkway, a walkway within a pedestrian link, a public plaza or any other areas approved or authorised under the Act for public use;

(f)

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

(g)

in the case of any building set out in Part IV of the Fourth Schedule that is sold or leased by JTC, the prior written approval of the JTC has been obtained for the change in use of the relevant premises prior to the lodgment of the plans and other documents under sub-paragraph (k);

(h)

in the case of any building set out in Part V of the Fourth Schedule, the prior written approval of the HDB has been obtained for the change in use of the relevant premises prior to the lodgment of the plans and other documents under sub-paragraph (k);

(i)

in the case of any building in Part VI or VII of the Fourth Schedule which is within a conservation area and is required to be conserved, the conservation of the building in accordance with the conservation permission granted for that purpose and with all relevant conservation guidelines has been completed prior to the lodgment of the plans and other documents under sub-paragraph (k);

(ia)

in the case of any building set out in Part VIII of the Fourth Schedule —

(i)	where the person making the lodgment is not the People’s Association, the prior written approval of the People’s Association has been obtained for the change in use of the relevant premises prior to the lodgment of the plans and other documents under sub-paragraph (k); and
(ii)	the total floor area of the part or parts of the building used for any of the purposes in any Use Class or any use specified in the second column of item 6 in the First Schedule does not exceed 20% of the total floor area of the building at the time of the lodgment of the plans and other documents under sub-paragraph (k);

(j)

in the case of any building set out in Parts I to VII of the Fourth Schedule, the floor area of the relevant premises, if currently authorised or approved under the Act for any purpose in any Use Class or any use specified in the Fifth Schedule, was previously authorised or approved under the Act for commercial use; and

(k)

prior to making the change in use of the relevant premises, the following are lodged with the competent authority at the same time together with a fee of $300:

(i)

the plans showing the location of the building, the location of the relevant premises within the building or the layout of the relevant premises as the competent authority may require 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 the following have been complied with:

(A)	sub-paragraphs (a), (d) and (e);
(B)	sub-paragraph (b) or (c), as the case may be;
(C)	where applicable, sub-paragraph (g), (h), (i), (ia) or (j), as the case may be;

(iv)

a declaration and undertaking to be signed by the person making the lodgment that sub-paragraph (f) will be complied with;

(v)

where sub-paragraph (2) is applicable, a declaration and undertaking to be signed by the person making the lodgment that the additional conditions set out in that sub-paragraph will be complied with;

(vi)

where the person making the lodgment is not the owner, a declaration to be signed by the person making the lodgment that the written consent of the owner of the relevant premises for the change in use has been obtained.

(2) The authorisation under paragraph 3 for any change in use of any relevant premises in accordance with the Second Schedule shall be subject to the following additional conditions:

(a)	the change in use and the use of the relevant premises for any purpose in any Use Class or for any use specified in the second column of the Second Schedule shall not affect the amenities of the building and the buildings in the surrounding locality; and
(b)	the authorisation for the change in use shall cease to apply after a period of 36 months from the relevant date and the use of the relevant premises shall be reverted back to that existing immediately prior to the relevant date.

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.

Authorisation to cease to apply

5.—(1) The authorisation under paragraph 3 shall immediately cease to apply if any condition in paragraph 4(1) and, where applicable, paragraph 4(2), ceases to be complied with.

(2) Upon any lodgment made in accordance with paragraph 4(1)(k) in respect of any change in use of any relevant premises referred to in paragraph 3, any authorisation previously obtained under paragraph 3 of this Notification or paragraph 2(1)(m) of the cancelled Planning (Development of Land Authorisation) Notification (N 1) in respect of any change in use for the same relevant premises which has not been carried out shall cease to apply.

Authorisation not to apply

5A. This Notification shall not apply to any change in use which is authorised under the Planning (Use Classes) Rules (R 2) or the Planning (Development of Land Authorisation) Notification (N 1).

[S 337/2009 wef 20/07/2009]

[G.N. No. S 382/2002; S288/2003; S329/2003; S 416/2003; S437/2003]

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